Because the Wisconsin Supreme Court split decision in Wisconsin Legislature v. Palm, 2020AP765-OA specifically did not indicate the scope of the Wisconsin Department of Health Services’ (DHS) authority under the new statute, the agency has submitted a proposed scope, according to a DHS statement.
DHS states this emergency rulemaking is required in order to address the ongoing public health crisis caused by the COVID-19 pandemic and states that without such emergency rules, the “health care providers of Wisconsin could be overwhelmed and Wisconsin citizens subjected to additional and preventable sickness, suffering, and death.” DHS’ proposed emergency rule defines the scope of DHS authority to enact measures to contain the spread of the virus.
