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: Governor's Office review

  • Comments on economic impact: 7/7/25 - 7/21/25
  • Clearinghouse submittal: 8/6/25 - CR 25-055
  • Public hearing held 9/26/25
  • Governor's Office proposed rule order submittal: 10/17/25

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

Statement of Scope: Statement of Scope SS 047-25, Governor's approval 7/17/25
Scope Expiration Date: 1/28/28
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:

Permanent rule: Preparing for submission to the Governor's Office for review

  • 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
  • Comments on economic impact: 4/21/25 - 5/21/25
  • Clearinghouse submittal: 7/16/25 - CR 25-051
  • Public held 9/9/25
  • Governor's Office proposed rule order submittal: pending

Emergency rule: Active - EmR 2507

  • Governor's Office emergency rule order submittal: 5/22/25
  • Governor's Office approval of emergency rule: 6/5/25
  • Emergency rule publication and start date: 6/16/25
  • Date filed with Legislative Reference Bureau: 6/10/25
  • Public hearing held 9/9/25
  • 60-day emergency rule extension request submission: 10/9/25
  • Expiration date: 11/12/25

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 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 and revision and preparing for 14-day economic impact public comment period

  • 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
  • Comments on economic impact: pending

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: Legislative Reference Bureau publication

  • 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 held 12/18/24
  • Public comment period open until 12/18/24
  • Governor's Office proposed rule order submittal: 1/27/25
  • Legislative review: 2/19/25
  • Legislative Reference Bureau submission: 8/14/25
  • Effective date: 11/1/25

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:

Permanent rule: Legislative Council review and finalizing the proposed rule order

  • Advisory committee meetings: 11/22/24 and 12/17/24
  • Comments on economic impact: 5/12/25 - 5/26/25
  • Clearinghouse submittal: 7/28/25 - CR 25-054
  • Public hearing held 9/29/25

Emergency rule: Active - EmR 2511

  • Governor's Office emergency rule order submittal: 7/18/25
  • Governor's Office approval of emergency rule: 7/28/25
  • Emergency rule publication and start date: 8/11/25
  • Date filed with Legislative Reference Bureau: 8/8/25
  • Public hearing held 9/29/25
  • Expiration date: 1/7/26

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: economic impact analysis drafting and review

  • Advisory committee meetings: 2/12/25, 3/5/25
  • Comments on economic impact: 7/14/25 through 9/12/25

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

Current Rule Text: ch. DHS 105, ch DHS 107
Statement of Scope: Statement of Scope SS 034-25, Governor's approval 5/28/25
Scope Expiration: 12/9/27
Promulgation Type: Permanent and emergency rule
Promulgation Status:

Permanent rule: Legislative Council review and preparing for public hearing

  • Preliminary public hearing held 6/13/25
  • Preliminary public hearing commenting period open until 6/13/25
  • Comments on economic impact: 8/18/25 - 9/15/25
  • Clearinghouse submittal: 9/24/25 - CR 25-078
  • Public hearing scheduled for November 6, 2025 11:00am to 12:00pm

Emergency Rule: Active - EmR 2512

  • Preliminary public hearing held 6/13/25
  • Preliminary public hearing commenting period open until 6/13/25
  • Governor's Office emergency rule order submittal: 7/18/25
  • Governor's Office approval of emergency rule: 7/28/25
  • Emergency rule publication and start date: 8/11/25
  • Date filed with Legislative Reference Bureau: 8/8/25
  • Public hearing scheduled for November 6, 2025 11:00am to 12:00pm
  • Expiration date: 1/7/26

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

Chapters DHS 105 and 107
Clearinghouse Rule Number CR 25-078
Emergency Rule Number EmR 2512
NOTICE IS HEREBY GIVEN that the Department of Health Services (“the Department”) will hold a public hearing on an emergency and permanent rule to revise chs. DHS 105 & 107, relating to covered school-based services and allowable providers of school-based services under the Medical Assistance program.

HEARING INFORMATION

Date and Time:
Thursday, November 6, 2025
11:00 a.m.-12:00 p.m.

Location:
Microsoft Teams Webinar Link:
Join the meeting now
Meeting ID: 213 864 764 364 5
Passcode: Hg7DG7f6
Dial in by phone
+1 608-571-2209,,209151062# United States, Madison
Find a local number
Phone conference ID: 209 151 062#

Analysis and text of the rule

Analysis of the rule and the proposed rule text: CR 25-078 Rule Text
The emergency rule: EmR 2512 Emergency Rule Text

Fiscal estimate - economic impact analysis

The fiscal estimate and economic impact analysis for the proposed rule: CR 25-078 Economic Impact Analysis

The fiscal estimate and economic impact analysis for the emergency rule: EmR 2512 Fiscal Estimate

Public comments and deadline for submission

Comments may be provided at the hearing, or submitted to the Department until 11:59 PM on November 6, 2025, by:

  1. Accessing the Department’s Administrative Rules website and selecting the "SUBMIT A PUBLIC COMMENT" link at the top of this rule project tab.
  2. Submitting a comment through the Wisconsin State Legislature’s website:
    Submit Feedback on CR 25-078
    Submit Feedback on EmR 2512
  3. Mailing written comments to:
    Allie Merfeld
    Wisconsin Department of Health Services
    Division of Medicaid Services
    201 E. Washington Ave., Room B300
    Madison, WI 53703
    alexandra.merfeld@dhs.wisconsin.gov&


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.


Small business regulatory review coordinator

Jackson Keuler
Wisconsin Department of Health Services
Office of Legal Counsel
201 E. Washington Ave.
Madison, WI 53703
Jackson.Keuler@dhs.wisconsin.gov


Agency contact

Allie Merfeld
Wisconsin Department of Health Services
Division of Medicaid Services
201 E. Washington Ave., Room B300
Madison, WI 53703
alexandra.merfeld@dhs.wisconsin.gov


Accessibility

English
The Department of Health Services is an equal opportunity employer and service provider. If you need accommodations because of a disability or need an interpreter or translator, or if you need this material in another language or in an alternate format, you may request assistance to participate by contacting Allie Merfeld at 608-267-4029. You must make your request at least 7 days before the activity.

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 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: economic impact analysis review

  • Advisory committee meetings: 2/12/25, 5/14/25
  • Comments on economic impact: 8/18/25 - 9/1/25
  • Submission to Clearinghouse: 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 118
Statement of Scope: Statement of Scope SS 046-25, Governor's approval 7/17/25
Scope Expiration: 1/28/28
Promulgation Type: Permanent rule revision
Promulgation Status: rule drafting and advisory committee meetings

  • Preliminary public hearing held 8/15/25
  • Preliminary public hearing commenting period open until 8/15/25
  • Advisory committee meetings: first meeting tentatively scheduled for 11/10/25

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 122
Statement of Scope: Statement of Scope SS 036-25, Governor's approval 6/12/25
Scope Expiration: 12/16/27
Promulgation Type: Permanent and emergency rule
Promulgation Status:

Permanent rule: Legislative Council review and public hearing

Emergency Rule: Active EmR 2510

  • Preliminary public hearing held 6/19/25
  • Preliminary public hearing commenting period open until 6/19/25
  • Governor's Office emergency rule order submittal: 7/17/25
  • Governor's Office approval of emergency rule: 7/28/25
  • Emergency rule publication and start date: 8/1/25
  • Date filed with Legislative Reference Bureau: 8/1/25
  • Emergency rule expiration date: 12/28/25

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

Chapter DHS 122
Clearinghouse Rule Number CR 25-072
Emergency Rule Number EmR 2511
NOTICE IS HEREBY GIVEN that the Department of Health Services (“the Department”) will hold a public hearing on an emergency and permanent rule, DHS 122, relating to redistribution of closed nursing home beds.

HEARING INFORMATION

Date and Time:
Monday, October 27, 2025
11:00 a.m.-12:00 p.m.

Location:
Microsoft Teams:
Join the meeting now
Meeting ID: 211 012 212 239 7
Passcode: de6AU7zS
+1 608-571-2209,,940551605# United States, Madison
Find a local number
Phone conference ID: 940 551 605#

Analysis and text of the rule

Analysis of the rule and the proposed rule text: CR 25-072 Rule Text
The emergency rule: EmR 2510 Emergency Rule Text

Fiscal estimate - economic impact analysis

The fiscal estimate and economic impact analysis for the proposed rule: CR 25-072 Economic Impact Analysis

The fiscal estimate and economic impact analysis for the emergency rule: EmR 2510 Fiscal Estimate

Public comments and deadline for submission

Comments may be provided at the hearing, or submitted to the Department until the end of business October 27, 2025, by:

  1. Accessing the Department’s Administrative Rules website and selecting the "SUBMIT A PUBLIC COMMENT" link at the top of this rule project tab.
  2. Submitting a comment through the Wisconsin State Legislature’s website:
    Submit Feedback on CR 25-072
    Submit Feedback on EmR 2510
  3. Mailing written comments to:
    Jessica Holland
    Wisconsin Department of Health Services
    Division of Quality Assurance
    201 E. Washington Ave.
    Madison, WI 53703


Initial regulatory flexibility analysis

The proposed rule may have an effect on small businesses, as defined under s. 227.114.
Nursing homes that apply for beds to be redistributed under s. 150.40, Stats., will incur costs. There are no proposed reporting, bookkeeping, or other procedures required for compliance. Nursing home licensees have the professional skills necessary to comply with the rule.


Small business regulatory review coordinator

Jackson Keuler
Wisconsin Department of Health Services
Office of Legal Counsel
1 W. Wilson St., Rm. 651
Madison, WI 53703
Jackson.Keuler@dhs.wisconsin.gov


Agency contact

Jessica Holland
Wisconsin Department of Health Services
Division of Quality Assurance
201 E. Washington Ave.
Madison, WI 53703
JessicaM.Holland@dhs.wisconsin.gov


Accessibility

English
The Department of Health Services is an equal opportunity employer and service provider. If you need accommodations because of a disability or need an interpreter or translator, or if you need this material in another language or in an alternate format, you may request assistance to participate by contacting the Division of Quality Assurance at 608-266-8481. You must make your request at least 7 days before the activity.

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

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 meetings and rule drafting

  • Advisory committee meetings: 9/30/25, 10/14/25, and tentatively planned for 10/28/25

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.

Glossary

 
Last revised October 21, 2025