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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: preparing for economic impact public comment period
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: 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, 11/18/24, and 12/9/24

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: rule drafting

  • 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, and 12/12/24

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 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: Governor's Office review

  • 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 - CR 24-081
  • Public hearing scheduled for December 18, 2024 - 2 - 3 p.m.
  • Public comment period open until 12/18/24
  • Governor's Office proposed rule order submittal: 1/27/25

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

  • Advisory committee meetings: 11/22/24 and 12/17/24

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 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

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: 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: 2/12/25

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: legislative review

  • Comments on economic impact: 9/18/23 - 10/16/23
  • Submission to Clearinghouse: 5/24/24 - CR 24-047
  • Public hearing held 8/26/24
  • Governor's Office proposed rule order submittal: 11/18/24
  • Legislative review: 1/8/25

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: post Clearinghouse review and preparing for public hearing

  • 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
  • Submission to Clearinghouse: 1/17/25 - CR 25-004
  • Public hearing: Thursday, February 27, 2025, 9-10 a.m.

Active Notices/Solicitations: NOTICE OF PUBLIC HEARING AND COMMENT PERIOD

Chapters DHS 105 and 107 Clearinghouse Rule Number CR 25-004 Emergency Rule EmR2421
NOTICE IS HEREBY GIVEN that the Department of Health Services (“the Department”) will hold a public hearing on two rules: (1) A permanent rule to revise chs. DHS 105 and 107, relating to certification of providers of prenatal care coordination (“PNCC”) and child care coordination (“CCC”) services and reimbursement under the Medical Assistance program; and (2) An emergency rule to revise chs. DHS 105 and 107, relating to certification of providers of CCC services and reimbursement under the Medical Assistance program.

Hearing information

Date and Time: February 27, 2025 9–10 a.m. CST

Location: 

Analysis and text of the rule

Fiscal estimate-economic impact analysis

Fiscal estimate and economic impact analysis for proposed permanent rule

Public comments and deadline for submission

Comments may be provided at the hearing, or submitted to the Department until 11:59 p.m. on February 27, 2025, by:

Initial regulatory flexibility analysis

No fiscal impact is estimated as there is no expected additional cost or savings for this project and no anticipated change in utilization or reimbursement. There will be a small cost for providers to perform background checks on qualified professionals and additional documentation requirements.

Contact information

Small business regulatory review coordinator: Jackson Keuler, Jackson.Keuler@dhs.wisconsin.gov
Office of Legal Counsel
1 W. Wilson St., Room 651
Madison, WI 53703

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: active emergency rule EmR 2421

  • Preliminary public hearing scheduled Friday, September 13, 2024 11:00 a.m. to 12:00p.m.
  • Preliminary public hearing commenting period open until 9/13/24
  • Governor's Office emergency rule order submittal: 11/22/24
  • Governor's Office approval of emergency rule: 12/5/24
  • Emergency rule publication and start date: 1/6/25
  • Date filed with Legislative Reference Bureau: 12/18/24
  • Emergency rule expiration date: 6/4/25
  • Public hearing: Thursday, February 27, 2025, 9-10 a.m.

Active Notices/Solicitations: NOTICE OF PUBLIC HEARING AND COMMENT PERIOD

Chapters DHS 105 and 107 Clearinghouse Rule Number CR 25-004 Emergency Rule EmR2421
NOTICE IS HEREBY GIVEN that the Department of Health Services (“the Department”) will hold a public hearing on two rules: (1) A permanent rule to revise chs. DHS 105 and 107, relating to certification of providers of prenatal care coordination (“PNCC”) and child care coordination (“CCC”) services and reimbursement under the Medical Assistance program; and (2) An emergency rule to revise chs. DHS 105 and 107, relating to certification of providers of CCC services and reimbursement under the Medical Assistance program.

Hearing information

Date and Time: February 27, 2025, 9– 10 a.m. CST

Location: 

Analysis and text of the rule

Fiscal estimate-economic impact analysis

Fiscal estimate and economic impact analysis for proposed permanent rule

Public comments and deadline for submission

Comments may be provided at the hearing, or submitted to the Department until 11:59 p.m. on February 27, 2025, by:

Initial regulatory flexibility analysis

No fiscal impact is estimated as there is no expected additional cost or savings for this project and no anticipated change in utilization or reimbursement. There will be a small cost for providers to perform background checks on qualified professionals and additional documentation requirements.

Contact information

Small business regulatory review coordinator: Jackson Keuler, Jackson.Keuler@dhs.wisconsin.gov
Office of Legal Counsel
1 West Wilson St., Room 651
Madison, WI 53703

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: legislative 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: 12/4/24

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: 2/12/25

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 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

Permanent Rule: public hearing on permanent and emergency rule

  • Preliminary public hearing held 7/31/24
  • Preliminary public hearing commenting period open until 8/7/24
  • Comments on economic impact: 9/30/24 through 10/14/24
  • Submission to Clearinghouse: 11/5/24 - CR 24-082
  • Public hearing: Friday, February 28, 2025 1-2 p.m.

Emergency Rule: EmR 2502

  • Preliminary public hearing held 7/31/24
  • Preliminary public hearing commenting period open until 8/7/24
  • Comments on economic impact: 9/30/24 through 10/14/24
  • Governor's Office emergency rule order submittal: 11/5/24
  • Governor's Office approval of emergency rule: 1/23/25
  • Emergency rule publication and start date: 1/31/25
  • Date filed with Legislative Reference Bureau: 1/29/25
  • Emergency rule expiration date: 6/29/25
  • Public hearing: Friday, February 28, 2025 1-2 p.m.

Active Notices/Solicitations: NOTICE OF PUBLIC HEARING AND COMMENT PERIOD

Chapter DHS 163, 181, and 182 Clearinghouse Rule Number CR 24-082 Emergency Rule EmR2502 NOTICE IS HEREBY GIVEN that the Department of Health Services (“the Department”) will hold a public hearing on an emergency and permanent rule, to amend DHS 163.03 (67), 181.03 (10), and 182.03 (10), relating to the definition of “lead exposure” in ch. DHS 163 and “lead poisoning or exposure” in chs. DHS 181 and 182.

Hearing information

Date and Time: Friday, February 28, 2025, 1-2 p.m.

Location: 

Analysis and text of the rule

Fiscal estimate-economic impact analysis

Fiscal estimate and economic impact analysis for proposed permanent rule

Public comments and deadline for submission

Comments may be provided at the hearing, or submitted to the Department until the end of business February 28, 2025. You can submit a comment by:

Initial regulatory flexibility analysis

The proposed rule will not have an effect on small businesses, as defined under s. 227.114 (1), Stats.

Contact information

Small Business Regulatory Review Coordinator: Jackson Keuler
Administrative Rules Officer
Office of Legal Counsel
Department of Health Services
1 West Wilson St., Room 650
Jackson.Keuler@dhs.wisconsin.gov

Agency Contact Person: Liz Truslow-Evans
Lead and Asbestos Section
Wisconsin Department of Health Services
1 W. Wilson St., Rm. 139
Madison, WI 53707
Liz.Evans@dhs.wisconsin.gov

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.

Glossary

 
Last revised February 18, 2025