ORDER OF
DEPARTMENT OF HEALTH SERVICES
TO ADOPT PERMANENT RULES
The Wisconsin Department of Health Services proposes an order to repeal DHS 68.02 (3) and 68.05 (2); to amend DHS 68 (title), 68.01 (1) and (2), 68.02 (4), (6), (8), (10) and (13), 68.04 (4), (5) (intro.), (a), (b), (c) (intro.), (c) 1. through 4., 68.05 (1) (title) and (1), 68.06 (1) (intro.) and (a) through (d), (3) (a), 68.07, 68.09 (1) through (4), and 68.10 (1) (a) through (e); to repeal and recreate DHS 68.02 (1), 68.03, 68.04 (1) and (3), 68.06 (2) (b), and 68.08; and to create DHS 68.02 (6m), (17) through (21), and, 68.06 (4), relating to Support for Persons with Alzheimer’s Disease and their Caregivers.
RULE SUMMARY
Statutes interpreted
Statutory authority
Explanation of agency authority
The Department’s authority to promulgate rules establishing criteria for participation in the Alzheimer’s Family and Caregiver Support Program, for contracting with service providers to develop new programs or expand services, and to allocate funds for administering and implementing the program, are provided by the Wisconsin State Legislature in various statutes listed in “Statutory authority.”
Related statutes or rules
None.
Plain language analysis
2015 Wisconsin Act 273 amended eligibility requirements, increased appropriation levels and included tribes or bands as local administrators for the Wisconsin Alzheimer’s Family Caregiver Support Program (AFCSP). Revisions to ch. DHS 68 conform the rule to 2015 Act 273. Revisions also correct outdated terminology, update the range of caregiver support services that can be provided by the program, reconsider the program’s cost-share requirement, and establish a funding formula that includes tribes or bands as entities contracted to administer the AFCSP at the local level. Specific revisions in terminology include a shift from use of the term “Alzheimer’s disease” to the more general term “dementia.” The statutory provision defines “Alzheimer’s disease” to include other irreversible deteriorations of intellectual faculties. The terminology in the proposed rule is accordingly being updated to use the broader term “dementia” to include both Alzheimer’s disease and other forms of neurocognitive disorder. Summary of, and comparison with, existing or proposed federal regulations
There appears to be no existing or proposed federal regulations that address these activities to be regulated by the proposed rules.
Comparison with rules in adjacent states
Illinois
Illinois does not have a state-funded Alzheimer’s Family and Caregiver Support Program.
Iowa
Iowa does not have a state-funded Alzheimer’s Family and Caregiver Support Program.
Michigan
Michigan does not have a state-funded Alzheimer’s Family and Caregiver Support Program.
Minnesota
Minnesota does not have a state-funded Alzheimer’s Family and Caregiver Support Program.
Summary of factual data and analytical methodologies
The department established an advisory committee formed of interested persons or representatives of the public to advise it with respect to proposed revisions to the rule. In addition, the department solicited comments from the public through its website and through the Wisconsin State Legislature’s administrative rules website. No additional factual data was relied upon by the department because revisions conform the rule to statute.
Analysis and supporting documents used to determine effect on small business
The rule is being promulgated to conform an existing rule to statute. The rule is anticipated to have little to no economic impact if it is promulgated.
Effect on small business
The proposed rule is anticipated to have little to no effect on small business if it is promulgated.
Agency contact person
Lynn Gall
Alzheimer’s & Family Caregiver Coordinator
Emergency Preparedness & Tribal Liaison
Wisconsin Department of Health Services
1 West Wilson Street, Room 551,
Madison, WI 53701-2659
(608) 266-5743
Statement on quality of agency data
