Administrative Rules

 

The Wisconsin Department of Health Services 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.

 

DHS omnibus, 2019 EO 15, Inclusive Language 

SUBMIT A PUBLIC COMMENT

Statement of Scope: Statement of Scope 084-19, Governor's approval 07/29/19
Scope Expiration Date: 02/19/22
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.

DHS omnibus, Biennial Rule Review

SUBMIT A PUBLIC COMMENT

Statement of Scope: Statement of Scope 083-19, Governor's approval 07/29/19
Scope Expiration Date: 02/19/22
Promulgation Type: omnibus rule revision
Promulgation Status: rule and economic impact analysis drafting

  • ​Comments on economic impact: 03/30/20-04/13/20.

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.

DHS DMS omnibus, Biennial Rule Review

SUBMIT A PUBLIC COMMENT


Statement of Scope: Statement of Scope 117-19, Governor's approval 12/05/19
Scope Expiration: 06/09/22
Promulgation Type: omnibus rule revision 
Promulgation Status: rule drafting and economic impact commenting period
Active Notices/Solicitations: This is a request for comments on the economic impact of draft proposed rules, DHS 90, 103, 104, 105, 106, 107, 109, 152, 250, 251, relating to s. 227.29, Stats., required 2018 review of administrative rules.
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. The commenting period begins on July 6, 2020 and ends on July 20, 2020. You can select the "SUBMIT A PUBLIC COMMENT" tab above or email DHSDMSAdminrules@dhs.wisconsin.gov
Department Contact: Laura Brauer (Rules Coordinator) 608-266-5368
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

DHS 40, Mental Health Day Treatment Services for Children

SUBMIT A PUBLIC COMMENT

Current Rule Text: ch. DHS 40
Statement of Scope: Statement of Scope 085-15, Governor's approval 08/17/15
Scope Expiration: 02/04/20
Promulgation Type: rule revision
Promulgation Status:  published, effective date 7-1-2020, Chapter DHS 40

  • DHS 40 Advisory Committee Meeting 09/08/16
  • DHS 40 Advisory Committee Meeting 10/20/16
  • DHS 40 Advisory Committee Meeting 12/01/16
  • DHS 40 Advisory Committee Meeting 01/12/17
  • DHS 40 Advisory Committee Meeting 02/09/17
  • DHS 40 Advisory Committee Meeting 03/16/17
  • DHS 40 Advisory Committee Meeting 06/08/17
  • Comments on economic impact: 10/08/18-10/22/18
  • Clearinghouse submittal: 03/09/19
  • Public hearing held 05/17/19​
  • Governor's Office proposed rule order submittal: 11/27/19
  • Legislative submittal: 12/10/19
  • Legislative review: Completed CR 19-018
  • Legislative Reference Bureau publication: Pending 

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.

DHS 50, Youth Crisis Stabilization Facility

SUBMIT A PUBLIC COMMENT

Current Rule Text: none
Statement of Scope: Statement of Scope 043-18, Governor's approval 03/29/18
Scope Expiration: 10/09/20
Promulgation Type: new rule (emergency & permanent)
Promulgation Status:  under legislative review 

Emergency Rule: 

  • ​Comments on economic impact: 04/22/19 - 05/06/19
  • ​Clearinghouse submittal: 06/06/19
  • Public hearing held 09/03/19 
  • Emergency rule effective 11/02/19
  • First 60-day emergency rule extension request: 02/18/20
  • Second 60-day emergency rule extension request: 04/23/20 
  • Emergency rule effective until 07/28/20, found here

Permanent Rule: 

  • ​Comments on economic impact: 04/22/19 - 05/06/19
  • Clearinghouse submittal: 06/06/19
  • Public hearing held: 11/22/19
  • Governor's Office proposed rule order submittal: 3/3/20
  • Legislative submittal: 3/17/20 
  • Legislative review: Pending CR-19-077

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.

 

DHS 75, Community Substance Abuse Service Standards

SUBMIT A PUBLIC COMMENT

Current Rule Text: ch. DHS 75
Statement of Scope: Statement of Scope 088-18, Governor's approval 07/27/18
Scope Expiration Date: 02/06/21
Promulgation Type: rule repeal and recreate 
Promulgation Status: rule drafting before economic impact commenting period 

  • Listening sessions held: 5/21/19, 5/23/19, 6/17/19, 6/20/19, 6/27/19, 7/16/19 
  • Advisory Committee Meetings held 09/23/19, 10/28/19, 12/12/19

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.

DHS 77, Service Fund for People who are Deaf, Deafblind, or Hard of Hearing 

SUBMIT A PUBLIC COMMENT

Current Rule Text: ch. DHS 77
Statement of Scope: Statement of Scope 113-19, Governor's approval 11/21/19
Scope Expiration Date: 05/25/22
Promulgation Type: rule revision
Promulgation Status: rule drafting

  • Advisory Committee Meeting: Pending 

Active Notices/Solicitations: none
Department Contact: Chris Gjestson (Rules Coordinator) 608-266-0472
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

DHS 88, Licensed Adult Family Homes

SUBMIT A PUBLIC COMMENT

Current Rule Text: ch. DHS 88
Statement of ScopeStatement of Scope 092-19, Governor's approval 08/29/19
Scope Expiration: 03/03/22
Promulgation Type: rule revision
Promulgation Status: rule drafting 
Active Notices/Solicitations: none
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.

DHS 101, 105, and 107,  Complex Rehabilitation Technology and Certification 

SUBMIT A PUBLIC COMMENT

Current Rule Textch. DHS 101, ch. DHS 105, ch DHS 107 
Statement of Scope: Statement of Scope 037-19, Governor's approval 03/22/19
Scope Expiration: 10/01/21
Promulgation Type: omnibus rule revision 
Promulgation Status: rule drafting before public hearing date and time scheduled  

  • Preliminary public hearing held 04/22/19
  • Preliminary public commenting period open until 04/29/19
  • ​Advisory Committee Meeting held 10/08/19
  • Comments on economic impact: 12/23/2019-01/06/2020.
  • Clearinghouse submittal: 03/10/20
  • Public hearing: Pending 

Active Notices/Solicitations: None
Department Contact: Laura Brauer (Rules Coordinator) 608-266-5368
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

DHS 105.14, Adult Day Care Centers 

SUBMIT A PUBLIC COMMENT

Current Rule Text: none
Statement of Scope: Statement of Scope 036-19, Governor's approval 03/22/19
Scope Expiration: 10/01/21
Promulgation Type: rule revision  
Promulgation Status: rule drafting before submission to Governor's Office for review 

  • Preliminary public hearing held 4/26/19
  • Preliminary public commenting period open until 4/26/19
  • Advisory Committee meeting held 6/27/19
  • Advisory Committee meeting held 7/25/19
  • ​Comments on economic impact: 12/16/19-12/30/19
  • ​Clearinghouse submission: 01/28/20
  • Public hearing initially scheduled for 3/24/20 has been CANCELED due to COVID-19 concerns
  • Public hearing rescheduled and held on 04/14/20 

Active Notices/Solicitations: None
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.

DHS 105.17, Provider Certification, Personal Care Providers

SUBMIT A PUBLIC COMMENT

Current Rule Text: s. DHS 105.17
Statement of Scope: Statement of Scope 100-16, Governor's approval 10/07/16
Scope Expiration: 02/04/20
Promulgation Type: rule revision
Promulgation Status: publication by Legislative Reference Bureau, requested effective date: 09/01/20

  • DHS 105.17 Advisory Committee Meeting Notice 10/05/17
  • DHS 105.17 Advisory Committee Meeting Notice 11/02/17
  • DHS 105.17 Advisory Committee Meeting Notice 12/05/17
  • Comments on economic impact: 11/12/18-11/26/18
  • Clearinghouse submittal: 6/20/19
  • Public hearing held: 08/09/19
  • ​Governor's Office proposed rule order submittal: 11/25/19
  • Legislative submission: 12/10/19
  • Legislature review: completed CR 19-087
  • Legislative Reference Bureau publication: submitted 06/10/20, requested effective date: 09/01/20

Active Notices/Solicitations: none
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.

DHS 107, Covered Services

SUBMIT A PUBLIC COMMENT

Current Rule Text: ch DHS 107 
Statement of Scope: Statement of Scope 107-19, Governor's approval 10/18/19
Scope Expiration: 04/28/22
Promulgation Type: emergency and permanent rule revision, economic impact analysis drafting
Promulgation Status: EIA drafting

  • Preliminary public hearing held 3/6/20
  • ​​Preliminary public commenting period open until 3/6/20
  • Comments on economic impact: 05/26/20-06/09/20

Active Notices/Solicitations: None
Department Contact: Laura Brauer (Rules Coordinator) 608-266-5368​
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

DHS 110, Emergency Medical Services Licensing, Certification, and Training Requirements 

SUBMIT A PUBLIC COMMENT

Current Rule Textch. DHS 110
Statement of ScopeStatement of Scope 029-19, Governor's approval 03/13/19
Scope Expiration: 09/18/2021
Promulgation Type: rule revision
Promulgation Status: rule and economic impact analysis drafting before submission to Clearinghouse 

  • Preliminary public hearing held 4/1/19 
  • Preliminary public commenting period was from March 25, 2019 to April 8, 2019 ​
  • Advisory Committee Meeting held: 06/05/19
  • Advisory Committee Meeting held: 07/17/19
  • ​Advisory Committee Meeting held: 09/04/19
  • Comments on economic impact: 01/21/20-02/04/20

Active Notices/Solicitations: None
Department Contact: Chris Gjestson (Rules Coordinator) 608-266-0472
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

DHS 118, Trauma Care

SUBMIT A PUBLIC COMMENT

Current Rule Text: ch. DHS 118
Statement of Scope: Statement of Scope 112-15, Governor's approval 09/16/15
Scope Expiration: 02/04/20
Promulgation Type: rule revision
Promulgation Status: pending submission to Legislative Reference Bureau for publication 

  • DHS 118 Advisory Committee Meeting 09/29/16
  • DHS 118 Advisory Committee Meeting 10/21/16
  • DHS 118 Advisory Committee Meeting 11/14/16
  • Comments on economic impact: 12/03/18-12/17/18
  • Clearinghouse submittal: 6/20/19
  • Public hearing held: 10/11/19
  • Governor's Office proposed rule order submittal: 01/07/20
  • Legislature submission: 01/29/20
  • Legislative review: Completed CR 19-086
  • Legislative Reference Bureau submission and publication: pending 
  • Requested effective date: 07/01/21

Active Notices/Solicitations: none
Department Contact: Chris Gjestson (Rules Coordinator) 608-266-0472
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

DHS 124, Hospitals

SUBMIT A PUBLIC COMMENT

Current Rule Text: ch. DHS 124
Statement of Scope: Statement of Scope 022-15, Governor's approval 02/20/15
Scope Expiration: 02/04/20
Promulgation Type: rule revision
Promulgation Status: Legislative Reference Bureau publication, effective date: 07/01/20 Chapter DHS 124

  • Comments on economic impact: 08/19/19-09/03/19.
  • ​Clearinghouse submittal: 10/30/19
  • Public hearing held 12/06/19
  • Governor's Office proposed rule order submittal: 01/17/20
  • Legislature submission: 01/29/20
  • Legislative review: Completed CR 19-135
  • Legislative Reference Bureau submission: 05/27/20
  • Requested effective date: 07/01/2020

Active Notices/Solicitations: None
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.

DHS 131, Hospices

SUBMIT A PUBLIC COMMENT

Current Rule Text: ch. DHS 131
Statement of Scope: Statement of Scope 109-16, Governor's approval 11/07/16
Scope Expiration: 02/04/20
Promulgation Type: rule revision
Promulgation Status: undergoing Legislative Reference Bureau publication, requested effective date: 08/01/20

  • DHS 131 Advisory Committee Meeting 03/14/17
  • DHS 131 Advisory Committee Meeting 04/21/17
  • DHS 131 Advisory Committee Meeting 09/05/17
  • Comments on economic impact: 05/28/19-06/11/19. 
  • Clearinghouse submittal: 7/3/19
  • Public hearing held 09/26/19
  • Governor's Office proposed rule order submittal: 12/04/19
  • Legislature submission: 01/06/20
  • Legislative review: Completed CR 19-092
  • Legislative Reference Bureau submission: 06/10/20
  • Requested effective date: 08/01/20

Active Notices/Solicitations: none
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.

DHS 144, Immunization of Students

SUBMIT A PUBLIC COMMENT

Current Rule Text: ch. DHS 144
Statement of Scope: Statement of Scope 067-17, Governor's approval 07/26/17
Scope Expiration: 02/04/20
Promulgation Type: rule revision
Promulgation Status: pending submission of non-objected to portion of permanent rule to Legislative Reference Bureau for publication 

  • DHS 144 & 146 Advisory Committee Meeting 01/26/18
  • DHS 144 & 146 Advisory Committee Meeting 02/14/18
  • DHS 144 & 146 Advisory Committee Meeting 03/14/18
  • Comments on economic impact: 09/24/18 to 10/09/18
  • Clearinghouse submittal: 06/10/19
  • Public hearing held 07/26/19
  • Governor's Office proposed rule order submittal: 10/31/19
  • Legislature submission: 12/17/19
  • Legislative assembly committee on Constitution and Ethics public hearing held 03/03/20 
  • Executive session held: 03/05/20 report objection in part recommended by committee on Constitution and Ethics, Ayes 6, Noes 2
  • Joint Committee for Review of Administrative Rules (JCRAR) Motions: 05/05/20 report concurrence in objection by JCRAR, Ayes 6, Noes 4
  • Legislative review: Completed CR 19-079 
  • Legislative reference bureau publication: Pending submission of non-objected to portion of permanent rule

Active Notices/Solicitations: none
Department Contact: Chris Gjestson (Rules Coordinator) 608-266-0472​
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

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

SUBMIT A PUBLIC COMMENT

Current Rule: ch. DHS 163
Statement of Scope: Statement of Scope 070-18, Governor's approval 06/12/18
Scope Expiration: 12/18/20
Promulgation Type: rule revision
Promulgation Status: rule drafting and rulemaking report to Legislature drafting before submission to Governor's Office for review  

  • The Department solicited information and advice from individuals, businesses, associations representing businesses, and local governmental units who may be affected by the proposed rule 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, from 05/20/19-06/03/19. 
  • Clearinghouse submittal: 08/07/19
  • Public hearing rescheduled and held 04/23/20  
  • Governor's Office proposed rule order submittal: pending

Active Notices/Solicitations: None
Department Contact: Chris Gjestson (Rules Coordinator) 608-266-0472​
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.​

DHS 10, SS 048-20, Requirements for Adult Long-Term Care, Emergency Rule

SUBMIT A PUBLIC COMMENT

Statement of Scope: Statement of Scope 048-20, Governor's approval 05/20/2020
Scope Expiration Date: 11/26/2022
Promulgation Type: Emergency Rule
Promulgation Status: Review of public comments received through preliminary public comment period and public hearing
Active Notices/Solicitations: None
Department Contact: Laura Brauer, Division of Medicaid Services, 1-608-266-5368, DHSDMSAdminRules@dhs.wisconsin.gov
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

 

DHS 107, SS 049-20, Medicaid Benefits Management, Emergency Rule

SUBMIT A PUBLIC COMMENT

Statement of Scope: Statement of Scope 049-20, Governor's approval 05/20/2020
Scope Expiration Date: 11/26/2022
Promulgation Type: Emergency Rule
Promulgation Status: Review of public comments received through preliminary public comment period and public hearing
Active Notices/Solicitations: None 
Department Contact: Laura Brauer, Division of Medicaid Services, 1-608-266-5368, DHSDMSAdminRules@dhs.wisconsin.gov
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

DHS 102, 103, and 109 SS 039-20 Medicaid Eligibility Requirements

SUBMIT A PUBLIC COMMENT

Statement of Scope: Statement of Scope 039-20, Governor's approval 05/08/20
Scope Expiration Date: 11/11/2022
Promulgation Type: Emergency Rule
Promulgation Status: Emergency Rule Drafting 
Active Notices/Solicitations: None 
Department Contact: Laura Brauer, Division of Medicaid Services, 1-608-266-5368, DHSDMSAdminRules@dhs.wisconsin.gov
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

DHS 90, SS 060-20, Birth-To-3 Program, Emergency Rule

SUBMIT A PUBLIC COMMENT

Statement of Scope: Statement of Scope 060-20, Governor's approval 06/04/2020
Scope Expiration Date: 12/08/2022
Promulgation Type: Emergency Rule
Promulgation Status: Review of public comments received through preliminary public comment period and public hearing
Active Notices/Solicitations: None
Department Contact: Laura Brauer, Division of Medicaid Services, 1-608-266-5368, DHSDMSAdminRules@dhs.wisconsin.gov
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

DHS 110, SS 052-20, Emergency Medical Services Licensure, Certification, and Staffing Requirements, Emergency Rule

SUBMIT A PUBLIC COMMENT

Statement of Scope: Statement of Scope 052-20, Governor's approval 05/22/2020
Scope Expiration Date: 11/26/2022
Promulgation Type: Emergency Rule
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.

DHS 83, SS 050-20, Community-Based Residential Facilities, Emergency Rule

SUBMIT A PUBLIC COMMENT

Statement of Scope: Statement of Scope 050-20, Governor's approval 05/22/2020
Scope Expiration Date: 11/26/2022
Promulgation Type: Emergency Rule
Promulgation Status: Rule Drafting 
Active Notices/Solicitations: None
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.

DHS 88, SS 051-20, Adult Family Homes, Emergency Rule

SUBMIT A PUBLIC COMMENT

Statement of Scope: Statement of Scope 051-20, Governor's approval 05/22/2020
Scope Expiration Date: 11/26/2022
Promulgation Type: Emergency Rule
Promulgation Status: Rule Drafting 
Active Notices/Solicitations: None
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.

 

DHS 129, SS 053-20, Certification of Programs for Training and Testing Nurse Aides and Feeding Assistants, Emergency Rule

SUBMIT A PUBLIC COMMENT

Statement of Scope: Statement of Scope 053-20, Governor's approval 05/22/2020
Scope Expiration Date: 11/26/2022
Promulgation Type: Emergency Rule
Promulgation Status: Rule Drafting 
Active Notices/Solicitations: None
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.

DHS 132, SS 054-20, Nursing Home Transfer Requirements, Emergency Rule

SUBMIT A PUBLIC COMMENT

Statement of Scope: Statement of Scope 054-20, Governor's approval 05/22/2020
Scope Expiration Date: 11/26/2022
Promulgation Type: Emergency Rule
Promulgation Status: Rule Drafting 
Active Notices/Solicitations: None
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.

Last Revised: July 8, 2020