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: Legislative Council review and preparing for public hearing

  • Comments on economic impact: 7/7/25 - 7/21/25
  • Clearinghouse submittal: 8/6/25 - CR 25-055
  • Public hearing: pending

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

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: 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:

Permanent rule: Legislative Council review and preparing for public hearing

  • 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
  • Clearinghouse submittal: 7/16/25 - CR 25-051
  • Public hearing scheduled for Tuesday, September 9, 2025 11:00 a.m. - 12:00 p.m. 

Emergency rule: Active - EmR 2507

  • Governor's Office emergency rule order submittal: 5/22/25
  • Governor's Office approval of emergency rule: 6/5/25
  • Emergency rule publication and start date: 6/16/25
  • Date filed with Legislative Reference Bureau: 6/10/25
  • Expiration date: 11/12/25
  • Public hearing scheduled for Tuesday, September 9, 2025 at 11:00 a.m. - 12:00 p.m. 

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

Chapters DHS 31, 105, and 107
Clearinghouse Rule Number CR 25-051 Emergency Rule EmR 2507
NOTICE IS HEREBY GIVEN that the Department of Health Services (“the Department”) will hold a public hearing on an emergency and permanent rule, creating DHS 31, and amending DHS 13, 105, and 107, relating to Crisis Urgent Care and Observation Facilities.

HEARING INFORMATION

Date and Time:
Tuesday, September 9, 2025 11:00 a.m. – 12:00 p.m.

Location:
Microsoft Teams: 
Join the meeting now
Meeting ID: 239 725 369 354 3
Passcode: TD3ab98G
Dial in by phone
+1 608-571-2209, 83421718# United States, Madison
Find a local number
Phone conference ID: 834 217 18#

Analysis and text of the rule

Analysis of the rule and the proposed rule text: CR 25-051 Rule Text
The emergency rule: EmR 2507 Rule Text

Fiscal estimate - economic impact analysis  

The fiscal estimate and economic impact analysis for the proposed rule: CR 25-051 Economic Impact Analysis

The fiscal estimate and economic impact analysis for the emergency rule: EmR 2507 Fiscal Estimate

Public comments and deadline for submission 

Comments may be provided at the hearing, or submitted to the Department until September 9th by 11:59 PM by: 

  1. Accessing the Department’s Administrative Rules website and selecting the "SUBMIT A PUBLIC COMMENT" link at the top of this rule project tab.
  2. Submitting a comment through the Wisconsin State Legislature’s website: Submit Feedback on CR 25-051
  3. Mailing written comments to:
    Sukhvir Singh
    Wisconsin Department of Health Services 
    Division of Care and Treatment Services 
    201 E. Washington Ave. 
    Madison, WI 53703 
    Email: Sukhvir.singh@dhs.wisconsin.gov 


Initial regulatory flexibility analysis 

The proposed rule will not have an effect on small businesses, as defined under s. 227.114 (1), Stats.


Small business regulatory review coordinator  

Jackson Keuler 
Wisconsin Department of Health Services 
Office of Legal Counsel 
1 W. Wilson St., Rm. 651
Madison, WI 53703 
Email: Jackson.Keuler@dhs.wisconsin.gov 


Agency contact 

Brianne Zaborowske
Wisconsin Department of Health Services
Division of Care and Treatment Services
201 E. Washington Ave.
Madison, WI 53703
Email: Brianne.zaborowske@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 Sukhvir Singh at 608-261-7783. You must make your request at least seven days before the activity.


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
  • Comments on economic impact: 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 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 Reference Bureau publication

  • 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
  • Legislative Reference Bureau submission: 8/14/25
  • Effective date: 11/1/25

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:

Permanent rule: Legislative Council review and preparing for public hearing

  • 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: pending

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
  • Expiration date: 1/7/26

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: 60-day economic impact public comment period

  • Advisory committee meetings: 2/12/25, 3/5/25
  • Comments on economic impact: 7/14/25 through 9/12/25

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

Chapter DHS 88

Introduction and purpose

This is a request for comments on the economic impact of draft proposed rules in ch. DHS 88, relating to licensed adult family homes.
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: Statement of Scope SS 066-24 is available on the Wisconsin State Legislature’s webpage:
Proposed rule daft: DHS 88 Proposed Rule Order

Commenting period

Comments on the economic impact of draft proposed rules will be accepted by the Department of Health Services, beginning on July 14, 2025, and ending on September 12, 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

Jessica Holland
Executive Policy Advisor
Division of Quality Assurance
Wisconsin Department of Health Services
1 W. Wilson St., Room 450
Madison, WI 53703
Email: 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 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 Reference Bureau publication

  • 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
  • Legislative Reference Bureau submission: 8/14/25

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
  • Second emergency rule extension request: 6/26/25
  • Extended emergency rule expiration date: 10/2/25

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 034-25, Governor's approval 5/28/25
Scope Expiration: 12/9/27
Promulgation Type: Permanent and emergency rule
Promulgation Status:

Permanent rule: 30-day economic impact public comment period

  • Preliminary public hearing held 6/13/25
  • Preliminary public hearing commenting period open until 6/13/25
  • Comments on economic impact: 8/18/25 - 9/15/25

Emergency Rule: Active - EmR 2512

  • Preliminary public hearing held 6/13/25
  • Preliminary public hearing commenting period open until 6/13/25
  • 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
  • Expiration date: 1/7/26

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 rule in chs. DHS 105 and 107, relating to school-based services and school-based providers Medical Assistance.

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 034-25
A draft of the proposed rule is available: 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 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 August 18, 2025, and ending on September 15, 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

Allie Merfeld
Division of Medicaid Services
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 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: 14-day economic impact public comment period

  • Advisory committee meetings: 2/12/25, 5/14/25
  • Comments on economic impact: 8/18/25 - 9/1/25

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

Chapter DHS 116

Introduction and purpose

This is a request for comments on the economic impact of draft proposed rule in ch. DHS 116, relating to the Wisconsin birth defect and prevention surveillance system.

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 081-24

A draft of the proposed rule is available: DHS 116 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 August 18, 2025, and ending on September 1, 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

Kaitlin Tolliver
Birth Defect Prevention and Surveillance Program Coordinator
Bureau of Community Health Promotion, Division of Public Health
Wisconsin Department of Health Services
1 W. Wilson St.
Madison, WI 53707
608-266-6967
Kaitlin.tolliver@dhs.wisconsin.gov

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

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 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:

Permanent rule: 30-day economic impact public comment period

  • Preliminary public hearing held 6/19/25
  • Preliminary public hearing commenting period open until 6/19/25
  • Comments on economic impact: 8/11/25 through 9/10/25

Emergency Rule: Active EmR 2510

  • Preliminary public hearing held 6/19/25
  • Preliminary public hearing commenting period open until 6/19/25
  • Governor's Office emergency rule order submittal: 7/17/25
  • Governor's Office approval of emergency rule: 7/28/25
  • Emergency rule publication and start date: 8/1/25
  • Date filed with Legislative Reference Bureau: 8/1/25
  • Emergency rule expiration date: 12/28/25

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

Chapter DHS 122

Introduction and purpose

This is a request for comments on the economic impact of draft proposed rule in ch. DHS 122, relating to redistribution of closed nursing home beds.

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 036-25

A draft of the proposed rule is available at the hyperlink provided below:
DHS 122 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 August 11, 2025, and ending on September 10, 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

Jackson Keuler
Administrative Rules Officer
Department of Health Services Office of Legal Counsel
1 W. Wilson St., Room 651
Madison, WI 53701
608-266-0387
jackson.keuler@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 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 meetings and rule drafting

  • Advisory committee meetings: 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: 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: Publication with Legislative Reference Bureau

  • 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
  • Legislative Reference Bureau submission: 7/16/25
  • Effective date: 8/1/25

Emergency Rule: Active EmR 2502

  • Preliminary public hearing held 7/31/24
  • Preliminary public hearing commenting period open until 8/7/24
  • 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

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.

Glossary

 
Last revised August 26, 2025