Administrative Rules

The Wisconsin Department of Health Services (DHS) has received approval from the Governor to create, amend, or repeal the following administrative rules. The objectives of the rulemaking are defined in each Statement of Scope.

SUBMIT A PUBLIC COMMENT

Statement of Scope: Statement of Scope SS 032-23, Governor's approval 5/18/23
Scope Expiration Date: 11/22/25
Promulgation Type: omnibus rule revision
Promulgation Status: rule drafting
Active Notices/Solicitations: none
Department Contact: Mark Thompson (Rules Attorney) mark.thompson@dhs.wisconsin.gov
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

SUBMIT A PUBLIC COMMENT

Current and New Rule Text: new rule ch. DHS 31, ch. DHS 105, ch DHS 107
Statement of Scope: Statement of Scope SS 070-24, Governor's approval 6/27/24
Scope Expiration Date: 1/8/27
Promulgation Type: emergency and permanent rule revision
Promulgation Status: advisory committee meetings and rule drafting

Preliminary public hearing held 7/16/24
Preliminary public commenting period open until 7/16/24
Advisory committee meetings: 8/5/24, 8/26/24, 9/16/24, 10/7/24, 10/28/24

Active Notices/Solicitations: none
Department Contact: Sarah Coyle (Rules Coordinator) sarah.coyle@dhs.wisconsin.gov
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

SUBMIT A PUBLIC COMMENT

Current and New Rule Text: new rule ch. DHS 33
Statement of Scope: Statement of Scope SS 080-24, Governor's approval 7/18/24
Scope Expiration Date: 1/22/27
Promulgation Type: emergency and permanent rule revision
Promulgation Status: advisory committee meetings

Preliminary public hearing held 9/6/24
Preliminary public commenting period open until 9/6/24
Advisory committee meetings: 10/11/24, 10/22/24, 11/12/24

SUBMIT A PUBLIC COMMENT

Current and New Rule Text: new rule ch. DHS 72, ch. DHS 105, ch DHS 107
Statement of Scope: Revised Statement of Scope SS 074-22, Governor's approval 8/25/22. This revised statement of scope modifies SS 138-20, which was published in Register No. 778B on October 26, 2020.
Scope Expiration: 2/28/25
Promulgation Type: emergency and permanent rule revision
Promulgation Status: Legislative Council review and preparing for public hearing

Preliminary public hearing held 10/4/22
Preliminary public hearing held 11/14/22
Preliminary public commenting period open until 11/14/22
Advisory committee meetings: 5/10/23, 7/31/23, 8/31/23, 9/29/23, 10/25, 11/2, and 11/29
Comments on economic impact: 8/12/24 - 9/11/24
Clearinghouse submittal: 10/22/24
Public hearing: pending, notice forthcoming

Active Notices/Solicitations: none
Department Contact: Sarah Coyle (Rules Coordinator) sarah.coyle@dhs.wisconsin.gov
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

SUBMIT A PUBLIC COMMENT

Current Rule Text: chs. DHS 75, 101, 105, and 107
Statement of Scope: Statement of Scope SS 047-24, Governor's approval 5/2/24
Scope Expiration Date: 11/13/26
Promulgation Type: permanent and emergency rule revision
Promulgation Status: rule drafting and advisory committee meetings

Advisory committee meetings: pending

SUBMIT A PUBLIC COMMENT

Current Rule Text: ch. DHS 75
Statement of Scope: Statement of Scope SS 087-22, Governor's approval 11/3/22
Scope Expiration: 5/7/25
Promulgation Type: permanent rule revision
Promulgation Status: legislative review

Comments on economic impact: 9/18/23 - 10/16/23
Submission to Clearinghouse: 11/29/23 - CR 23-067
Public hearing held 3/8/24
Governor's Office proposed rule order submittal: 6/7/24
Legislative review: 8/7/24

SUBMIT A PUBLIC COMMENT

Current Rule Text: ch. DHS 88
Statement of Scope: Revised Statement of Scope SS 066-24, Governor's approval 5/30/24. This revised statement of scope modifies SS 108-21, which was published in Register No. 792A1 on December 6, 2021.
Scope Expiration: 12/3/26
Promulgation Type: rule revision
Promulgation Status: advisory committee meetings and rule drafting

Advisory committee meetings: pending,

Active Notices/Solicitations: none
Department Contact: Jessica Holland (Rules Coordinator) Jessicam.holland@dhs.wisconsin.gov
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

SUBMIT A PUBLIC COMMENT

Statement of Scope: Statement of Scope SS 058-22, Governor's approval 6/30/22
Scope Expiration Date: 1/11/25
Promulgation Type: permanent rule revision
Promulgation Status: preparing for submission to the Governor's Office for review

Comments on economic impact: 9/18/23 - 10/16/23
Submission to Clearinghouse: 5/24/24
Public hearing held 8/26/24
Governor's Office proposed rule order submittal: pending

Active Notices/Solicitations: none
Department Contact: Allie Merfeld (Rules Coordinator) DHSDMSAdminRules@dhs.wisconsin.gov
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

SUBMIT A PUBLIC COMMENT

Current Rule Text: ch. DHS 105, ch DHS 107
Statement of Scope: Revised Statement of Scope SS 037-24, Governor's approval 3/14/24. This revised statement of scope modifies SS 012-23, which was published in Register No. 805B on January 30, 2023.
Scope Expiration: 9/25/26
Promulgation Type: permanent rule revision
Promulgation Status: 30-day economic impact public comment period

Preliminary public hearing held 5/9/24
Preliminary public hearing commenting period open until 5/9/24
Comments on economic impact: 11/18/24 through 12/17/24

Active Notices/Solicitations: PUBLIC NOTICE REQUEST FOR PUBLIC COMMENTS ON THE ECONOMIC IMPACT OF PROPOSED RULES
Chapters DHS 105 and 107
Introduction and purpose
This is a request for comments on the economic impact of draft proposed rules, DHS 105 and 107, relating to prenatal care coordination services and child care coordination services under the Medical Assistance program.
This request is made by the Department of Health Services under s. 227.137, Stats., to solicit information and advice from individuals, businesses, associations representing businesses, and local governmental units who may be affected by the proposed rules for use in analyzing and determining the economic impact that the rules would have on businesses, individuals, public utility rate payers, local governmental units, and the state’s economy as a whole.
Statement of Scope and Text of Proposed Rule
Statement of Scope: SS 037-24
Proposed Rule Order: DHS 105 and 107 Proposed Rule Order
Submitting Comments
Comments on the economic impact of draft proposed rules should be submitted to the Department Contact, using the Public Comment Form found above by selecting "SUBMIT A PUBLIC COMMENT"
Commenting period
Comments on the economic impact of draft proposed rules will be accepted by the Department of Health Services, beginning on November 18, 2024, and ending on December 17, 2024.
Confidentiality
Comments on the draft proposed rules are voluntary. Your name and comment, or a summary thereof, may be made available to the public.
Contact information
Allie Merfeld
Division of Medicaid Services
Wisconsin Department of Health Services
1 West Wilson Street
Madison, WI 53707
608-267-4029
alexandra.merfeld@dhs.wisconsin.gov
Department Contact: Allie Merfeld (Rules Coordinator) DHSDMSAdminRules@dhs.wisconsin.gov
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

SUBMIT A PUBLIC COMMENT

Current Rule Text: ch. DHS 105, ch DHS 107
Statement of Scope: Statement of Scope SS 097-24, Governor's approval 8/22/24
Scope Expiration: 3/9/27
Promulgation Type: emergency rule
Promulgation Status: rule drafting

Preliminary public hearing scheduled Friday, September 13, 2024 11:00am to 12:00pm
Preliminary public hearing commenting period open until 9/13/24

Active Notices/Solicitations: none
Department Contact: Allie Merfeld (Rules Coordinator) DHSDMSAdminRules@dhs.wisconsin.gov
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

SUBMIT A PUBLIC COMMENT

Current Rule Text: ch. DHS 115
Statement of Scope: Statement of Scope SS 056-23, Governor's approval 7/14/23
Scope Expiration: 2/7/26
Promulgation Type: permanent rule revision
Promulgation Status: preparing for submission to the legislature for review

Preliminary public hearing held 8/10/23
Preliminary public hearing commenting period open until 8/10/23
Comments on economic impact: 12/18/23 through 1/17/24
Clearinghouse submittal: 2/22/24 - CR 24-025
Public hearing held 4/29/24
Governor's Office proposed rule order submittal: 10/11/24
Legislative review: pending

Active Notices/Solicitations: none
Department Contact: Jessica Przybylski (Rules Coordinator) jessica.przybylski1@dhs.wisconsin.gov
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

SUBMIT A PUBLIC COMMENT

Current Rule Text: ch. DHS 116
Statement of Scope: Statement of Scope SS 081-24, Governor's approval 7/18/24
Scope Expiration: 1/22/27
Promulgation Type: permanent rule revision
Promulgation Status: rule drafting and advisory committee meetings

Advisory committee meetings: pending

SUBMIT A PUBLIC COMMENT

Current Rule Text: ch. DHS 157
Statement of Scope: Statement of Scope SS 069-24, Governor's approval 6/20/24
Scope Expiration: 12/24/26
Promulgation Type: permanent rule revision
Promulgation Status: advisory committee list formation and rule drafting
Active Notices/Solicitations: none
Department Contact: Jessica Przybylski (Rules Coordinator) jessica.przybylski1@dhs.wisconsin.gov
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

SUBMIT A PUBLIC COMMENT

Current Rule Text: chs. DHS 163, 181, and 182
Statement of Scope: Revised Statement of Scope SS 051-24, Governor's approval 5/16/24. This statement of scope modifies SS 077-22 to include two additional rule chapters and seeks to promulgate an emergency rule in addition to a permanent rule.
Scope Expiration: 11/20/26
Promulgation Type: permanent rule and emergency rule revision
Promulgation Status: see below

DHS Omnibus, Biennial Rule Review (2023)

DHS 31, 105, and 107, Crisis Urgent Care and Observation Facilities

DHS 33, Crisis Hostels

DHS 72, 105, and 107, Overdose Treatment Provider Certification and Covered Services

DHS 75, 101, 105, and 107, Community Substance Use Services Standards; Medical Assistance Certification and Reimbursement for Certain Substance Use Services

DHS 75, Advanced Practice Social Workers and Independent Social Workers Treating Substance Use Disorder as a Specialty

DHS 88, Licensed Adult Family Homes

DHS 105 and 107, Pharmacist Reimbursement for Patient Care Services through Medical Assistance

DHS 105 and 107, Prenatal Care Coordination and Child Care Coordination

DHS 105 and 107, Child Care Coordination Services

DHS 115, Screening of Newborns for Congenital Disorders

DHS 116, Wisconsin Birth Defect Prevention and Surveillance System

DHS 157, Radiation Protection Requirements for Radiation Producing Machines and Radioactive Materials

DHS 163, 181, and 182, Definition of "Lead Poisoning or Exposure" when Reporting Blood Lead Test Results

Glossary