Administrative Rulemaking

In Kathleen Papa and Professional Homecare Providers, Inc. v. Wisconsin Department of Health Services, 2020 WI 66, the Wisconsin Supreme Court addressed the authority of the Department of Health Services (DHS) to recoup payments made to Medicaid service providers. The Court determined DHS’s policy allowed recoupment even in cases when it could verify that services were actually provided and claims were appropriate and accurate. This policy exceeded DHS’s recoupment authority, according to the Court, because it was not “explicitly permitted by a statute or by a [properly promulgated] rule” as required by s. 227.10 (2m), Stats. This issue brief provides an overview of the Court’s decision.

In Wisconsin Legislature v. Palm, 2020 WI 42, the Wisconsin Supreme Court invalidated Emergency Order #28, the “safer at home” order issued by Department of Health Services Secretary-Designee Palm on April 16, 2020, effective immediately, except with respect to school closures. This issue brief provides relevant background information and summarizes the Court’s decision.