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 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: Jonathan Cook (Rules Attorney) JonathanP.Cook@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: Legislative Council review

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: 5/18/26 - 6/1/26
Submission to Clearinghouse: 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 45, ch. DHS 105, ch DHS 107
Statement of Scope: Statement of Scope SS 006-26, Governor's approval 1/15/26
Scope Expiration Date: 8/2/28
Promulgation Type: Permanent rule revision
Promulgation Status: Advisory committee meetings and rule drafting

Preliminary public hearing held 2/9/26
Preliminary public commenting period open until 2/9/26
Advisory committee meetings: 4/29/26, 5/14/26

SUBMIT A PUBLIC COMMENT

Current Rule Text: ch. DHS 75
Statement of Scope: Statement of Scope SS 017-26, Governor's approval 3/18/26
Scope Expiration Date: 3/23/28
Promulgation Type: Permanent rule revision
Promulgation Status: Statement of scope approval

Preliminary public hearing held 4/28/26
Preliminary public hearing commenting period open until 4/28/26

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 review

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
Governor's Office proposed rule order submittal: 12/10/25
Legislative review: 3/11/26

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
60-day emergency rule extension request submission: 12/5/25
2nd 60-day emergency rule extension request submission: 2/4/26
Extended expiration date: 5/7/26

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: Public Hearing and Commenting Period

Advisory committee meetings: 2/12/25, 3/5/25
Comments on economic impact: 7/14/25 through 9/12/25
Clearinghouse submittal: 4/7/26 - CR 26-026
Public hearing scheduled for July 7, 2026 1:00-2:00pm

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

Chapter DHS 88
Clearinghouse Rule Number CR 26-026
NOTICE IS HEREBY GIVEN that the Department of Health Services (“the Department”) will hold a public hearing on a permanent rule, repealing and recreating DHS 88, relating to licensed 3-4 bed adult family homes.

HEARING INFORMATION

Date and Time
July 7, 2026 from 1:00-2:00 p.m.

Location
Teams: https://teams.microsoft.com/meet/258825810501801?p=T35LzRGT8ZTQheLIuT
Meeting ID: 258 825 810 501 801
Passcode: fx372Je6
Phone number: 608-571-2209
Phone conference ID: 494 750 610#

ANALYSIS AND TEXT OF THE RULE
Analysis of the rule and the proposed rule text may be accessed at the hyperlink provided below:
Clearinghouse Rule Text CR 26-026

PLEASE NOTE: The most recent version of the proposed rule text may be obtained by accessing the hyperlink provided below:
DHS 88 Proposed Rule Text

FISCAL ESTIMATE-ECONOMIC IMPACT ANALYSIS
The fiscal estimate and economic impact analysis for the rule is available at the hyperlink provided below: Clearinghouse Rule EIA CR 26-026

PUBLIC COMMENTS AND DEADLINE FOR SUBMISSION
Comments may be provide at the hearing, or submitted to the Department until the end of business Friday, July 10th by:

Accessing the Department’s Administrative Rules website and selecting "SUBMIT A PUBLIC COMMENT" above.
Submitting a comment through the Wisconsin State Legislature’s website hyperlink provided below:
CR 26-026 Public Comment
Mailing written comments to:
Division of Quality Assurance
Attn: Jessica Holland
201 E. Washington Ave.
Madison, WI 53703
jessicam.holland@dhs.wisconsin.gov

INITIAL REGULATORY FLEXIBILITY ANALYSIS
The proposed rule will have an effect on small businesses, as defined under s. 227.114. The proposed rule will impact adult family home (AFH) providers. Costs in the following areas were considered and evaluated when determining the estimates: assessment, RN delegation, fire safety, and physical environment. The proposed rule may have a significant economic impact on small businesses pursuant to the department's criteria for determining a rule's fiscal impact on businesses. It is anticipated that many AFHs will experience increased costs from one or more of the additional requirements established in the proposed rule. However, a number of AFHs already meet or exceed the requirements set forth in the proposed rule.

DHS has taken steps to reduce the economic impact based on advisory committee and public comments. In a previous draft of the proposed rule, sprinkler systems were required for all Class C adult family homes. To reduce implementation or compliance costs, the proposed rule requires only Class C AFHs initially licensed after the effective date of the proposed rule to be compliant with the sprinkler system requirements. To ensure resident safety and protection, Class C AFHs licensed prior to the effective date of the rule are required to have both interior and exit doors with a clear opening of at least 32 inches in width, an interconnected smoke detection system with battery backup and external monitoring of the system, and at least one qualified resident care staff who is awake, on duty, and available at any time if the evacuation capability of at least one resident is four minutes or more with or without verbal or physical prompting.

This economic impact analysis was informed by DHS data and a survey of current adult family homes, the advisory committee, public comments, and other publicly available data. Some of the estimated costs are one-time, upfront costs, while other costs will be recurring or will be incurred over time based on the proposed rule requirements. As a result, DHS anticipates that the proposed rule's economic and fiscal impact will be realized over time, smoothing the anticipated implementation and compliance costs over several years.

SMALL BUSINESS REGULATORY REVIEW COORDINATOR
Division of Quality Assurance
Attn: Jessica Holland
201 E. Washington Ave.
Madison, WI 53703
jessicam.holland@dhs.wisconsin.gov
608-266-3864

AGENCY CONTACT PERSON
Jessica Holland
Administrative Rules Coordinator, Division of Quality Assurance
608-266-3864
jessicam.holland@dhs.wisconsin.gov

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 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: Legislative Reference Bureau publication

Advisory committee meetings: 2/12/25, 5/14/25
Comments on economic impact: 8/18/25 - 9/1/25
Submission to Clearinghouse: 11/7/25 - CR 25-086
Public hearing held 2/17/26
Governor's Office proposed rule order submittal: 2/27/26
Legislative review: 3/11/26
Legislative Reference Bureau submission: 5/8/26
Effective date: 7/1/26

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

Preliminary public hearing held 8/15/25
Preliminary public hearing commenting period open until 8/15/25
Advisory committee meetings: 11/20/25, 1/7/26, 1/29/26, 2/18/26, 3/11/26, and 4/16/23

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: Legislative Council review

Advisory committee meetings: 9/30/25, 10/14/25, 10/28/25
Comments on economic impact: 3/16/26 through 4/15/26
Submission to Clearinghouse: 6/22/26 - CR 26-033

SUBMIT A PUBLIC COMMENT

Current Rule Text: ch. DHS 163
Statement of Scope: Statement of Scope SS 079-25, Governor's approval 11/20/25
Scope Expiration: 6/1/28
Promulgation Type: Permanent and emergency rule revision
Promulgation Status: Technical advisory committee meetings and rule drafting

Preliminary public hearing held 12/4/25
Preliminary public hearing commenting period open until 12/4/25
Advisory committee meetings: 1/28/26, 4/23/26

DHS Omnibus, Biennial Rule Review (2025)

DHS 33, Crisis Hostels

DHS 45, 105, 107, Psychiatric Residential Treatment Facilities (PRTF)

DHS 75, Community Substance Use Services Standards

DHS 75, 101, 104, 105, and 107, Community Substance Use Services Standards; Medical Assistance Certification and Reimbursement for Certain Substance Use Services

DHS 88, Licensed Adult Family Homes

DHS 116, Wisconsin Birth Defect Prevention and Surveillance System

DHS 118, Trauma Care

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

DHS 163, Certification for the Identification, Removal, and Reduction of Lead-Based Paint Hazards

Glossary