Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB206 Compare Versions

Only one version of the bill is available at this time.

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1	1	2025 - 2026 LEGISLATURE
2	2	LRB-2216/1
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4	4	2025 ASSEMBLY BILL 206
5	5	April 23, 2025 - Introduced by Representatives DITTRICH, DUCHOW, ANDRACA, J.
6	6	JACOBSON, KNODL, MURPHY, MURSAU, SINICKI, STUBBS and SUBECK,
7	7	cosponsored by Senators JAGLER, FEYEN, DASSLER-ALFHEIM, JAMES, L.
8	8	JOHNSON, SPREITZER, TESTIN and WALL. Referred to Committee on Health,
9	9	Aging and Long-Term Care.
10	10
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to create 253.13 (6) of the statutes; relating to: the procedure for
13	13	adding federal newborn screening recommendations to the state-required
14	14	newborn screenings, granting rule-making authority, and providing an
15	15	exemption from emergency rule procedures.
16	16	Analysis by the Legislative Reference Bureau
17	17	In general, under current law, newborns must be tested for certain congenital
18	18	and metabolic disorders as specified in rules promulgated by the Department of
19	19	Health Services. The federal Department of Health and Human Services
20	20	maintains a list of disorders for which it recommends testing in newborns, known
21	21	as the federal Recommended Uniform Screening Panel (RUSP).
22	22	Under this bill, DHS must evaluate each disorder that is included in the RUSP
23	23	as of January 1, 2025, to determine whether newborns in this state should be tested
24	24	for that disorder. This requirement does not apply to any disorder in the RUSP if,
25	25	as of January 1, 2025, the disorder is already included in the list of disorders for
26	26	which newborns must be tested in this state. In addition, the bill requires DHS to
27	27	evaluate any disorder added to the RUSP after January 1, 2025, to determine
28	28	whether newborns in this state should be tested for that newly added disorder. If
29	29	DHS determines newborns should not be tested for the disorder, DHS must
30	30	annually review medical literature and the department[s capacity and resources to
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34	34	4 2025 - 2026 Legislature
35	35	ASSEMBLY BILL 206
36	36	- 2 - LRB-2216/1
37	37	KMS:cdc
38	38	SECTION 1
39	39	test for the disorder in order to determine whether to reevaluate the inclusion of the
40	40	disorder in newborn testing in this state. If, in any of these evaluations or
41	41	reevaluations, DHS determines that a disorder in the RUSP should be added to the
42	42	list of disorders for which newborns must be tested in this state, the bill requires
43	43	DHS to promulgate rules to add that disorder.
44	44	The requirements for evaluations, reviews, and reevaluations under the bill do
45	45	not apply to a disorder in the RUSP if DHS is in the process of adding, by rule, the
46	46	disorder to the list of disorders for which newborns must be tested in this state.
47	47	However, if the rule-making procedure for that disorder does not result in
48	48	promulgation of a rule, then DHS must consider the disorder under the review and
49	49	reevaluation procedures under the bill.
50	50	For further information see the state fiscal estimate, which will be printed as
51	51	an appendix to this bill.
52	52	The people of the state of Wisconsin, represented in senate and assembly, do
53	53	enact as follows:
54	54	SECTION 1. 253.13 (6) of the statutes is created to read:
55	55	253.13 (6) FEDERAL RECOMMENDATIONS ; EVALUATION PROCEDURE. (a) Initial
56	56	evaluation. 1. Subject to subd. 2., for any disorder that is added to the federal
57	57	recommended uniform screening panel approved by the federal department of
58	58	health and human services after January 1, 2025, and that is not included in the
59	59	list of disorders under s. DHS 115.04, Wis. Adm. Code, the department shall do all
60	60	of the following within 18 months after the addition of the disorder:
61	61	a. Conduct an initial evaluation to determine whether the disorder should be
62	62	included in the testing required under this section.
63	63	b. If the department determines that the disorder should be included in the
64	64	testing required under this section, commence rule making to add the disorder to
65	65	the list under s. DHS 115.04, Wis. Adm. Code.
66	66	2. This paragraph does not apply to any disorder included in the federal
67	67	recommended uniform screening panel that will be added to the list of disorders
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82	82	ASSEMBLY BILL 206
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85	85	SECTION 1
86	86	under s. DHS 115.04, Wis. Adm. Code, pending promulgation of a rule for which the
87	87	department has commenced rule-making procedures as of the effective date of this
88	88	subdivision .... [LRB inserts date].
89	89	(b) Annual review. 1. Subject to subd. 2., the department shall do all of the
90	90	following on an annual basis for any disorder the department determines in an
91	91	initial evaluation under par. (a) or a reevaluation under par. (c) should not be
92	92	included in the testing required under this section and for any disorder that was the
93	93	subject of rule making under par. (a) 2. or 2025 Wisconsin Act .... (this act), section
94	94	2 (2), that did not result in the promulgation of a rule:
95	95	a. Review the medical literature published on the disorder since the initial
96	96	evaluation or the commencement of rule making under par. (a) 2. or 2025 Wisconsin
97	97	Act .... (this act), section 2 (2), to determine whether new information has been
98	98	identified that would merit a reevaluation of whether testing for the disorder
99	99	should be included in the testing required under this section.
100	100	b. Determine whether the department has the capacity and resources needed
101	101	to include testing for the disorder in the testing required under this section.
102	102	2. This paragraph does not apply to any disorder that is removed from the
103	103	federal recommended uniform screening panel.
104	104	(c) Reevaluation. If the department finds in an annual review under par. (b)
105	105	that new information has been identified that would merit a reevaluation of
106	106	whether testing for a disorder should be included in the testing required under this
107	107	section or that the department has the capacity and resources needed to include
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133	133	SECTION 1
134	134	testing for the disorder in the testing required under this section, the department
135	135	shall do all of the following within 18 months of completing the annual review:
136	136	1. Conduct a reevaluation to determine whether testing for the disorder
137	137	should be included in the testing required under this section.
138	138	2. If the department determines in the reevaluation that testing for a disorder
139	139	should be included in the testing required under this section, commence rule
140	140	making to add the disorder to the list under s. DHS 115.04, Wis. Adm. Code.
141	141	(d) Emergency rule making. The department may use the procedure under s.
142	142	227.24 to promulgate a rule under this subsection or 2025 Wisconsin Act .... (this
143	143	act), section 2 (1) (b). Notwithstanding s. 227.24 (1) (a) and (3), the department is
144	144	not required to provide evidence that promulgating a rule under this paragraph as
145	145	an emergency rule is necessary for the preservation of the public peace, health,
146	146	safety, or welfare and is not required to provide a finding of emergency for a rule
147	147	promulgated under this paragraph. Notwithstanding s. 227.24 (1) (c) and (2), if the
148	148	department submits in proposed form a permanent rule to the legislative council
149	149	staff under s. 227.15 (1) within 15 months of the date the statement of scope of the
150	150	emergency rule promulgated under this paragraph is published in the register
151	151	under s. 227.135 (3), the emergency rule remains in effect until the date on which
152	152	the permanent rule takes effect or the date on which the statement of scope expires
153	153	under s. 227.135 (5), whichever occurs first.
154	154	(e) Implementation. The department shall ensure that testing for any
155	155	disorder added by rule to the list under s. DHS 115.04, Wis. Adm. Code, in
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177	177	22 2025 - 2026 Legislature
178	178	ASSEMBLY BILL 206
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180	180	KMS:cdc
181	181	SECTION 1
182	182	accordance with this subsection begins within 6 months after the date of
183	183	publication, as defined in s. 227.22 (1), of the rule.
184	184	SECTION 2. Nonstatutory provisions.
185	185	(1) For any disorder included in the federal recommended uniform screening
186	186	panel approved by the federal department of health and human services as of
187	187	January 1, 2025, that is not included in the list of disorders under s. DHS 115.04,
188	188	Wis. Adm. Code, on the effective date of this subsection, the department of health
189	189	services shall do all of the following within 18 months of the effective date of this
190	190	subsection:
191	191	(a) Evaluate whether the disorder should be included in the testing required
192	192	under s. 253.13 (1).
193	193	(b) If, in its evaluation, the department of health services determines that the
194	194	disorder should be included in the testing required under s. 253.13 (1), commence
195	195	rule making to add the disorder to the list under s. DHS 115.04, Wis. Adm. Code.
196	196	(2) Subsection (1) does not apply to any disorder included in the federal
197	197	recommended uniform screening panel that will be added to the list of disorders
198	198	under s. DHS 115.04, Wis. Adm. Code, pending promulgation of a rule for which the
199	199	department of health services has commenced the rule-making procedure as of the
200	200	effective date of this subsection.
201	201	(3) The department of health services shall ensure that testing for any
202	202	disorder added by rule to the list under s. DHS 115.04, Wis. Adm. Code, in
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227	227	SECTION 2
228	228	accordance with sub. (1) begins within 6 months after the date of publication, as
229	229	defined in s. 227.22 (1), of the rule.
230	230	(END)
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