Administrative Rules
Statement of Scope: Statement of Scope 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) 608-266-1279
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.
Statement of Scope: Statement of Scope 038-21, Governor's approval 4/15/21
Scope Expiration Date: 10/23/23
Promulgation Type: omnibus rule revision
Promulgation Status: Legislative Reference Bureau publication
- Comments on economic impact: 6/12/23 - 6/26/23
- Clearinghouse submission: 8/3/23 - CR 23-046
- Public hearing held 9/15/23
- Governor's Office proposed rule order submittal: 10/3/23
- Legislative submission: 10/18/23
- Legislative Reference Bureau submission: 3/6/24
- Effective date: 5/1/24
Active Notices/Solicitations: none
Department Contact: Mark Thompson (Rules Attorney) 608-266-1279
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.
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: post public hearing and drafting rulemaking report to legislature
- 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
Active Notices/Solicitations: none
Department Contact: Sarah Coyle (Rules Coordinator) 608-266-2715
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.
Current Rule Text: ch. DHS 88
Statement of Scope: Revised Statement of Scope SS 108-21, Governor's approval 12/2/21. This revised statement of scope modifies SS 092-19, which was approved by the Governor on August 29, 2019, published in the Administrative Register on September 3, 2019, and approved by the Secretary of the Department of Health Services on September 16, 2019.
Scope Expiration: 6/6/24
Promulgation Type: rule revision
Promulgation Status: rule drafting
Advisory committee meetings: 3/15/23, 3/22/23, 3/29/23, 4/5/23, 4/12/23, 4/26/23, 5/3/23, 5/17/23, 5/24/23, and 5/31/23
Active Notices/Solicitations: Please see a DRAFT copy of the proposed rule order for Ch. DHS 88 here.
Department Contact: Pat Benesh (Rules Coordinator) 608-264-9896
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.
Current and New Rule Text: new rule ch. DHS 72, ch. DHS 105, ch DHS 107
Statement of Scope: Revised Statement of Scope 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: rule drafting
- 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
Active Notices/Solicitations: none
Department Contact: Bailey Dvorak (Rules Coordinator) 608-267-5210
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.
Statement of Scope: Statement of Scope 058-22, Governor's approval 6/30/22
Scope Expiration Date: 1/11/25
Promulgation Type: permanent rule revision
Promulgation Status: rule drafting and preparing for submission to Legislative Council for review
- Comments on economic impact: 9/18/23 - 10/16/23
- Submission to Clearinghouse: pending
Active Notices/Solicitations: none
Department Contact: Bailey Dvorak (Rules Coordinator) 608-267-5210
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.
Current Rule Text: ch. DHS 105, ch DHS 107
Statement of Scope: Revised Statement of Scope 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: preliminary public hearing, notice forthcoming
- Preliminary public hearing: pending, notice forthcoming
Active Notices/Solicitations: none
Department Contact: Bailey Dvorak (Rules Coordinator) 608-267-5210
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.
Current Rule Text: ch DHS 107
Statement of Scope: Statement of Scope SS 046-22, Governor's approval 5/26/22
Scope Expiration: 11/30/24
Promulgation Type: permanent rule revision
Promulgation Status: Legislative Reference Bureau for publication
- Comments on economic impact: 9/6/22 - 9/20/22
- Clearinghouse submittal: 1/30/23 - CR 23-005
- Public hearing held 9/7/23
- Governor's Office proposed rule order submittal: 10/3/23
- Legislative submission: 11/15/23
- Legislative Reference Bureau submission: 3/13/24
- Effective date: 5/1/24
Active Notices/Solicitations: none
Department Contact: Bailey Dvorak (Rules Coordinator) 608-267-5210
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.
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: public hearing
- 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 scheduled for Monday, April 29, 2024 at 2:00pm to 3:00pm, notice details below
Active Notices/Solicitations: NOTICE OF PUBLIC HEARING AND COMMENT PERIOD
Chapter DHS 115
Clearinghouse Rule Number CR 24-025
NOTICE IS HEREBY GIVEN that the Department of Health Services (“the Department”) will hold a public hearing on a permanent rule, to consider amendments to DHS 115, relating to screening of newborns for congenital disorders.
HEARING INFORMATION
Date and Time
Monday, April 29
2:00 pm – 3:00 pm
Location
Zoom: https://dhswi.zoomgov.com/j/1615868081?pwd=dW5Eb1pkVXg0Yml3cmM4bGw4WWdvZz09
Meeting ID: 161 586 8081
Passcode: 568972
Call in:
+1 669 254 5252
+1 646 828 7666
+1 669 216 1590
+1 551 285 1373
ANALYSIS AND TEXT OF THE RULE
Analysis of the rule and the proposed rule text may be accessed at the hyperlink provided below: https://docs.legis.wisconsin.gov/code/misc/chr/lc_ruletext/cr_24_025_rule_text_filed_with_lc_clearinghouse.pdf
FISCAL ESTIMATE-ECONOMIC IMPACT ANALYSIS
The fiscal estimate and economic impact analysis for the rule is available at the hyperlink provided below: https://docs.legis.wisconsin.gov/code/misc/chr/lc_ruletext/cr_24_025_fiscal_estimate_and_economic_impact_analysis.pdf
PUBLIC COMMENTS AND DEADLINE FOR SUBMISSION
Comments may be provided at the hearing, or submitted to the Department until the end of business Monday, April 29 by:
1. Accessing the Department’s Administrative Rules website and selecting "SUBMIT A PUBLIC COMMENT" under the DHS 115 tab.
2. Submitting a comment through the Wisconsin State Legislature’s website provided below:
https://docs.legis.wisconsin.gov/feedback/agencyform?cite=cr/2024/25.
3. Mailing written comments to:
Tami Horzewski, MS, CHES
Bureau of Community Health Promotion
Division of Public Health
PO Box 2659
Madison, WI 53707-2659
Email: DHSWICongenitalDisorders@wisconsin.gov
INITIAL REGULATORY FLEXIBILITY ANALYSIS
The proposed rule will have an effect on small businesses, as defined under s. 227.114 (1), Stats. The majority of the entities affected by the proposed rule are hospitals, which do not meet the statutory definition of a small business, but approximately 3% of the estimated 55,000 cards purchased annually are purchased by midwives, who likely meet the statutory definition of small business. The Department estimated $1,540,000 total in increased compliance costs as a result of increasing the fee from $195 to $223. The amount of that total attributable to all midwifery businesses in Wisconsin would be approximately $46,200. The Department also estimated a hypothetical 2025 increase based on prior MEIs of $5.35 per card, or $294,360 additional dollars per year in from July 1, 2025 to June 30, 2026. The amount of that total attributable to midwifery businesses in Wisconsin would be approximately $8,830.80. Because midwifery businesses are already purchasing cards at $195, the increased cost per card will not require additional reporting, bookkeeping, or other professional skills for compliance with the proposed rules.
SMALL BUSINESS REGULATORY REVIEW COORDINATOR
Jackson Keuler
Administrative Rules Officer
Office of Legal Counsel
Department of Health Services
1 West Wilson Street, Room 650
Jackson.Keuler@dhs.wisconsin.gov
AGENCY CONTACT PERSON
Tami Horzewski, MS, CHES
Newborn Screening Program Coordinator
Division of Public Health
Bureau of Community Health Promotion
608-266-8904
Tami.horzewski@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 Tami Horzewski at 608-266-8904. 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 Tami Horzewski al número 608-266-8904. 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 Tami Horzewski ntawm 608-266-8904. Koj yuav tsum thov qhov kev pab yam tsawg kawg 7 hnub ua ntej qhov hauj lwm ntawd.
Department Contact: Jessica Przybylski (Rules Coordinator) 608-266-5332
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.
Current Rule Text: ch. DHS 137
Statement of Scope: Statement of Scope SS 076-22, Governor's approval 9/8/22
Scope Expiration: 3/12/25
Promulgation Type: permanent and emergency rule revision
Promulgation Status: see below
Permanent rule: Legislative Reference Bureau publication
- Comments on economic impact: 3/13/23 - 3/27/23
- Clearinghouse submission: 6/27/23 - CR 23-036
- Public hearing held 10/12/23
- Governor's Office proposed rule order submittal: 11/6/23
- Legislative submission: 12/6/23
- Legislative Reference Bureau submission: 3/20/24
- Effective date: 5/1/24
Emergency rule: active - EmR 2312
- Governor's Office emergency rule order submittal: 6/7/23
- Wisconsin State Journal publication: 8/21/23
- Legislative Reference Bureau submission: 8/21/23
- Extended expiration date: 5/1/24
Active Notices/Solicitations: none
Department Contact: Jessica Przybylski (Rules Coordinator) 608-266-5332
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.
Current Rule Text: ch. DHS 181
Statement of Scope: Statement of Scope SS 077-22, Governor's approval 9/8/22
Scope Expiration: 3/12/25
Promulgation Type: permanent rule revision
Promulgation Status: Legislative Council review
- Preliminary public hearing held 12/13/22
- Preliminary public hearing commenting period open until 12/20/22
- Comments on economic impact: 12/11/23 - 12/26/23
- Clearinghouse submittal: 2/21/24
Active Notices/Solicitations: none
Department Contact: Jessica Przybylski (Rules Coordinator) 608-266-5332
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.