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: 14-day economic impact public comment period

Comments on economic impact: 7/7/25 - 7/21/25

Active Notices/Solicitations: PUBLIC NOTICE REQUEST FOR PUBLIC COMMENTS ON THE ECONOMIC IMPACT OF PROPOSED RULES

Chapters DHS 34, 35, 36, 40, 60, 61, 62, 63, 75, 90, 92, 94, 96, 97, 101, 103, 104, 105, 107, 109, 118, 124, 127, 129, 133, 134, 163, 252, and 254

Introduction and purpose

This is a request for comments on the economic impact of draft proposed rules in chs. DHS 34, 35, 36, 40, 60, 61, 62, 63, 75, 90, 92, 94, 96, 97, 101, 103, 104, 105, 107, 109, 118, 124, 127, 129, 133, 134, 163, 252, and 254, relating to the 2023 biennial review of rules under s. 227.29, Stats.

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

The Statement of Scope is available on the Wisconsin State Legislature’s webpage:
Statement of Scope SS 032-23

A draft of the proposed rule is available at the hyperlink provided below:
DHS Omnibus 2023 Biennial Review 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 by selecting the "SUBMIT A PUBLIC COMMENT" link above.

Commenting period

Comments on the economic impact of draft proposed rules will be accepted by the Department of Health Services, beginning on July 7, 2025, and ending on July 21, 2025.

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

Mark R. Thompson
Attorney
Department of Health Services Office of Legal Counsel
1 West Wilson Street, Room 651
Madison, WI 53701
(608) 266-1279
mark.thompson@dhs.wisconsin.gov

Jackson Keuler
Administrative Rules Officer
Department of Health Services Office of Legal Counsel
1 West Wilson Street, Room 651
Madison, WI 53701
(608) 266-0387
jackson.keuler@dhs.wisconsin.gov

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: Economic impact analysis drafting and preparing for submission to Legislative Council

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

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 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

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 review

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 scheduled for December 18, 2024 - 2 - 3 p.m.
Public comment period open until 12/18/24
Governor's Office proposed rule order submittal: 1/27/25
Legislative review: 2/19/25

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: economic impact analysis drafting and preparing for submission to Legislative Council

Advisory committee meetings: 11/22/24 and 12/17/24
Comments on economic impact: 5/12/25 - 5/26/25

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: preparing for 60-day economic impact public comment period

Advisory committee meetings: 2/12/25, 3/5/25

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: 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: Legislative review

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
Submission to Clearinghouse: 1/17/25 - CR 25-004
Public hearing held 2/27/25
Governor's Office proposed rule order submittal: 5/23/25
Legislative review: 6/25/25

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: Statement of Scope SS 097-24, Governor's approval 8/22/24
Scope Expiration: 3/9/27
Promulgation Type: Emergency rule
Promulgation Status: Active emergency rule EmR 2421

Preliminary public hearing held 9/13/24
Preliminary public hearing commenting period open until 9/13/24
Governor's Office emergency rule order submittal: 11/22/24
Governor's Office approval of emergency rule: 12/5/24
Emergency rule publication and start date: 1/6/25
Date filed with Legislative Reference Bureau: 12/18/24
Public hearing held 2/27/25
First emergency rule extension request: 5/2/25
Extended emergency rule expiration date: 8/3/25
Second emergency rule extension request: 6/26/25

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: rule drafting

Preliminary public hearing held 6/13/25
Preliminary public hearing commenting period open until 6/13/25

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: publication with Legislative Reference Bureau

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: 12/4/24
Legislative Reference Bureau submission: 6/18/25
Effective date: 8/1/25

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 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: 2/12/25, 5/14/25

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: rule drafting

Preliminary public hearing held 6/19/25
Preliminary public hearing commenting period open until 6/19/25

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 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

Permanent Rule: Legislative review

Preliminary public hearing held: 7/31/24
Preliminary public hearing commenting period open until: 8/7/24
Comments on economic impact: 9/30/24 through 10/14/24
Submission to Clearinghouse: 11/5/24 - CR 24-082
Public hearing held: 2/28/25
Governor's Office proposed rule order submittal: 3/10/25
Legislative review: 5/7/25

Emergency Rule: Active EmR 2502

Preliminary public hearing held: 7/31/24
Preliminary public hearing commenting period open until: 8/7/24
Comments on economic impact: 9/30/24 through 10/14/24
Governor's Office emergency rule order submittal: 11/5/24
Governor's Office approval of emergency rule: 1/23/25
Emergency rule publication and start date: 1/31/25
Date filed with Legislative Reference Bureau: 1/29/25
Public hearing held: 2/28/25
First emergency rule extension request: 5/29/25
Emergency rule extended expiration date: 8/28/25

DHS Omnibus, Biennial Rule Review (2023)

DHS 31, 105, and 107, Crisis Urgent Care and Observation Facilities (CUCOFs)

DHS 33, Crisis Hostels

DHS 72, 105, and 107, Overdose Treatment Provider Certification and Covered Services

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 105 and 107, Prenatal Care Coordination

DHS 105 and 107, Child Care Coordination Services

DHS 105 and 107, School Based Services and School Based Service Providers

DHS 115, Screening of Newborns for Congenital Disorders

DHS 116, Wisconsin Birth Defect Prevention and Surveillance System

DHS 122, Redistribution of Closed Long-Term Care Facility Beds

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