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: 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, 11/18/24

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 and 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

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: public hearing, notice details below

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 scheduled for December 18, 2024 - 2 - 3 p.m.
Public comment period open until 12/18/24

Active Notices/Solicitations: NOTICE OF PUBLIC HEARING AND COMMENT PERIOD
Chapter DHS 72, 105, and 107
Clearinghouse Rule Number CR 24-081
NOTICE IS HEREBY GIVEN that the Department of Health Services (“the Department”) will hold a public hearing on a permanent rule, to amend DHS 105 and 107 and create DHS 72, relating to Medical Assistance certification and reimbursement for peer recovery coaches and coordination of care in substance use overdose programs.

HEARING INFORMATION
Date and Time
December 18, 2024
2 – 3 p.m.
Location
Register for the Microsoft Teams Webinar

ANALYSIS AND TEXT OF THE RULE
Analysis of the rule and the proposed rule text

FISCAL ESTIMATE-ECONOMIC IMPACT ANALYSIS
The fiscal estimate and economic impact analysis for the rule

PUBLIC COMMENTS AND DEADLINE FOR SUBMISSION
Comments may be provided at the hearing, or submitted to the Department until 11:59 PM on December 18, 2024, by:

Submitting a public comment online
Submitting a comment through the Wisconsin State Legislature’s website
Mailing written comments to:
Sarah Coyle
Division of Care and Treatment Services
1 W. Wilson St., Room 850
Madison, WI 53716
Emailing comments to sarah.coyle@dhs.wisconsin.gov

INITIAL REGULATORY FLEXIBILITY ANALYSIS
The proposed rule is anticipated to have little to no effect on small businesses, as defined under s. 227.114. Based on information gathered from peer providers during meetings of the advisory committee organizations conducting this work are not-for-profit or have more than 25 employees and would not meet the definition of a small business as defined by the U.S. Small Business Administration or in s.227.114 (1), Stats. It is therefore anticipated that the proposed rules will have minimal impact on small businesses.

SMALL BUSINESS REGULATORY REVIEW COORDINATOR
Jackson Keuler
Office of Legal Counsel
1 West Wilson Street, Room 651
Madison WI 53703
Jackson.Keuler@dhs.wisconsin.gov

AGENCY CONTACT PERSON
Sarah Coyle
Division of Care and Treatment Services
1 W. Wilson St., Room 850
Madison, WI 53716
sarah.coyle@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 Sarah Coyle at 608-266-2715. You must make your request at least 7 days before the activity.
Spanish
The Department of Health Services es una agencia que ofrece igualdad en las oportunidades de empleo y servicios. Si necesita algún tipo de acomodaciones debido a incapacidad o si necesita un interprete, traductor o esta información en su propio idioma o en un formato alterno, usted puede pedir asistencia para participar en los programas comunicándose con Sarah Coyle al número 608-266-2715. Debe someter su petición por lo menos 7 días de antes de la actividad.
Hmong
The Department of Health Services yog ib tus tswv hauj lwm thiab yog ib qhov chaw pab cuam uas muab vaj huam sib luag rau sawv daws. Yog koj xav tau kev pab vim muaj mob xiam oob qhab los yog xav tau ib tus neeg pab txhais lus los yog txhais ntaub ntawv, los yog koj xav tau cov ntaub ntawv no ua lwm hom lus los yog lwm hom ntawv, koj yuav tau thov kev pab uas yog hu rau Sarah Coyle ntawm 608-266-2715. Koj yuav tsum thov qhov kev pab yam tsawg kawg 7 hnub ua ntej qhov hauj lwm ntawd.
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: 11/22/24

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: pending, first meeting likely to occur in January 2025

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: Governor's Office 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: 11/18/24

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 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: Governor's Office review of emergency rule

Preliminary public hearing scheduled Friday, September 13, 2024 11:00am to 12:00pm
Preliminary public hearing commenting period open until 9/13/24
Governor's Office emergency rule order submittal: 11/22/24

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: first meeting likely to occur in February 2025

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