Wisconsin Statutes

Wis. Stat. § 655.002 (2026)

Applicability

✓ current as of July 2026

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655.002655.002 Applicability.

655.002(1)(1) Mandatory participation. Except as provided in s. 655.003, this chapter applies to all of the following:

655.002(1)(a)(a) A physician or an advanced practice registered nurse for whom this state is a principal place of practice and who practices his or her profession in this state more than 240 hours in a fiscal year.

Effective date noteNOTE: Par. (a) is shown as amended eff. 9-1-26 by 2025 Wis. Act 17. Prior to 9-1-26 it reads:

Effective date text(a) A physician or a nurse anesthetist for whom this state is a principal place of practice and who practices his or her profession in this state more than 240 hours in a fiscal year.

655.002(1)(b)(b) A physician or an advanced practice registered nurse for whom Michigan is a principal place of practice, if all of the following apply:

Effective date noteNOTE: Par. (b) (intro.) is shown as amended eff. 9-1-26 by 2025 Wis. Act 17. Prior to 9-1-26 it reads:

Effective date text(b) A physician or a nurse anesthetist for whom Michigan is a principal place of practice, if all of the following apply:

655.002(1)(b)1.1. The physician or advanced practice registered nurse is a resident of this state.

Effective date noteNOTE: Subd. 1. is shown as amended eff. 9-1-26 by 2025 Wis. Act 17. Prior to 9-1-26 it reads:

Effective date text1. The physician or nurse anesthetist is a resident of this state.

655.002(1)(b)2.2. The physician or advanced practice registered nurse practices his or her profession in this state or in Michigan or a combination of both more than 240 hours in a fiscal year.

Effective date noteNOTE: Subd. 2. is shown as amended eff. 9-1-26 by 2025 Wis. Act 17. Prior to 9-1-26 it reads:

Effective date text2. The physician or nurse anesthetist practices his or her profession in this state or in Michigan or a combination of both more than 240 hours in a fiscal year.

655.002(1)(b)3.3. The physician or advanced practice registered nurse performs more procedures in a Michigan hospital than in any other hospital. In this subdivision, “Michigan hospital” means a hospital located in Michigan that is an affiliate of a corporation organized under the laws of this state that maintains its principal office and a hospital in this state.

Effective date noteNOTE: Subd. 3. is shown as amended eff. 9-1-26 by 2025 Wis. Act 17. Prior to 9-1-26 it reads:

Effective date text3. The physician or nurse anesthetist performs more procedures in a Michigan hospital than in any other hospital. In this subdivision, “Michigan hospital” means a hospital located in Michigan that is an affiliate of a corporation organized under the laws of this state that maintains its principal office and a hospital in this state.

655.002(1)(c)(c) A physician or an advanced practice registered nurse who is exempt under s. 655.003 (1) or (3), but who practices his or her profession outside the scope of the exemption and who fulfills the requirements under par. (a) in relation to that practice outside the scope of the exemption. For a physician or an advanced practice registered nurse who is subject to this chapter under this paragraph, this chapter applies only to claims arising out of practice that is outside the scope of the exemption under s. 655.003 (1) or (3).

Effective date noteNOTE: Par. (c) is shown as amended eff. 9-1-26 by 2025 Wis. Act 17. Prior to 9-1-26 it reads:

Effective date text(c) A physician or nurse anesthetist who is exempt under s. 655.003 (1) or (3), but who practices his or her profession outside the scope of the exemption and who fulfills the requirements under par. (a) in relation to that practice outside the scope of the exemption. For a physician or a nurse anesthetist who is subject to this chapter under this paragraph, this chapter applies only to claims arising out of practice that is outside the scope of the exemption under s. 655.003 (1) or (3).

655.002(1)(d)(d) A partnership comprised of physicians or advanced practice registered nurses and organized and operated in this state for the primary purpose of providing the medical services of physicians or advanced practice registered nurses.

Effective date noteNOTE: Par. (d) is shown as amended eff. 9-1-26 by 2025 Wis. Act 17. Prior to 9-1-26 it reads:

Effective date text(d) A partnership comprised of physicians or nurse anesthetists and organized and operated in this state for the primary purpose of providing the medical services of physicians or nurse anesthetists.

655.002(1)(e)(e) A corporation organized and operated in this state for the primary purpose of providing the medical services of physicians or advanced practice registered nurses.

Effective date noteNOTE: Par. (e) is shown as amended eff. 9-1-26 by 2025 Wis. Act 17. Prior to 9-1-26 it reads:

Effective date text(e) A corporation organized and operated in this state for the primary purpose of providing the medical services of physicians or nurse anesthetists.

655.002(1)(em)(em) Any organization or enterprise not specified under par. (d) or (e) that is organized and operated in this state for the primary purpose of providing the medical services of physicians or advanced practice registered nurses.

Effective date noteNOTE: Par. (em) is shown as amended eff. 9-1-26 by 2025 Wis. Act 17. Prior to 9-1-26 it reads:

Effective date text(em) Any organization or enterprise not specified under par. (d) or (e) that is organized and operated in this state for the primary purpose of providing the medical services of physicians or nurse anesthetists.

655.002(1)(f)(f) A cooperative health care association organized under s. 185.981 that operates nonprofit health care plans in this state and that directly provides services through salaried employees in its own facility.

655.002(1)(g)(g) An ambulatory surgery center that operates in this state.

655.002(1)(h)(h) A hospital, as defined in s. 50.33 (2) (a) and (c), that operates in this state.

655.002(1)(i)(i) An entity operated in this state that is an affiliate of a hospital and that provides diagnosis or treatment of, or care for, patients of the hospital.

655.002(1)(j)(j) A nursing home, as defined in s. 50.01 (3), whose operations are combined as a single entity with a hospital described in par. (h), whether or not the nursing home operations are physically separate from the hospital operations.

655.002(2)(2) Optional participation. All of the following may elect, in the manner designated by the commissioner by rule under s. 655.004, to be subject to this chapter:

655.002(2)(a)(a) A physician or advanced practice registered nurse for whom this state is a principal place of practice but who practices his or her profession fewer than 241 hours in a fiscal year, for a fiscal year, or a portion of a fiscal year, during which he or she practices his or her profession.

Effective date noteNOTE: Par. (a) is shown as amended eff. 9-1-26 by 2025 Wis. Act 17. Prior to 9-1-26 it reads:

Effective date text(a) A physician or nurse anesthetist for whom this state is a principal place of practice but who practices his or her profession fewer than 241 hours in a fiscal year, for a fiscal year, or a portion of a fiscal year, during which he or she practices his or her profession.

655.002(2)(b)(b) Except as provided in sub. (1) (b), a physician or advanced practice registered nurse for whom this state is not a principal place of practice, for a fiscal year, or a portion of a fiscal year, during which he or she practices his or her profession in this state. For a health care provider who elects to be subject to this chapter under this paragraph, this chapter applies only to claims arising out of practice that is in this state and that is outside the scope of an exemption under s. 655.003 (1) or (3).

Effective date noteNOTE: Par. (b) is shown as amended eff. 9-1-26 by 2025 Wis. Act 17. Prior to 9-1-26 it reads:

Effective date text(b) Except as provided in sub. (1) (b), a physician or nurse anesthetist for whom this state is not a principal place of practice, for a fiscal year, or a portion of a fiscal year, during which he or she practices his or her profession in this state. For a health care provider who elects to be subject to this chapter under this paragraph, this chapter applies only to claims arising out of practice that is in this state and that is outside the scope of an exemption under s. 655.003 (1) or (3).

655.002(2)(c)(c) A graduate medical education program that operates in this state. For a graduate medical education program that elects to be subject to this chapter under this paragraph, this chapter applies only to claims arising out of practice that is in this state and that is outside the scope of an exemption under s. 655.003 (1) or (3).

655.002 HistoryHistory: 1987 a. 27; 1991 a. 214; 2005 a. 36, 51; 2009 a. 165; 2025 a. 17.

655.002 AnnotationIn an action governed by this chapter, no claim may be brought by adult children for loss of society and companionship of an adult parent; s. 895.04 is inapplicable to actions under this chapter. Dziadosz v. Zirneski, 177 Wis. 2d 59, 501 N.W.2d 828 (Ct. App. 1993).

655.002 AnnotationIn an action governed by this chapter, no recovery may be had by a parent for the loss of society and companionship of an adult child. Estate of Wells v. Mount Sinai Medical Center, 183 Wis. 2d 667, 515 N.W.2d 705 (1994).

655.002 AnnotationThis chapter does not control all actions against health maintenance organizations (HMO). It applies only to negligent medical acts or decisions made in the course of rendering medical care. A bad faith tort action may be prosecuted against an HMO that has denied a request for coverage without a legal basis. McEvoy v. Group Health Cooperative of Eau Claire, 213 Wis. 2d 507, 570 N.W.2d 397 (1997), 96-0908.

655.002 AnnotationWhen applicable, this chapter constitutes the exclusive procedure and remedy for medical malpractice in this state. However, this chapter applies only to a specifically defined list of health care providers under this section. It is clear from the plain text of this section and the definition and regulation of service providers under ch. 50, from which this chapter derives its legal definitions, that hospitals, nursing homes, and community-based residential facilities (CBRFs) are different operations with different meanings. While this chapter covers hospitals and certain nursing homes, it unambiguously does not cover CBRFs, even ones that share common ownership with hospitals and nursing homes. Andruss v. Divine Savior Healthcare Inc., 2022 WI 27, 401 Wis. 2d 368, 973 N.W.2d 435, 20-0202.

Notes of Decisions

Cited in 23 cases (8 in the last 5 years), 1997–2025 · leading case: Estate of Anne Oros v. Divine Savior Healthcare Inc.

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Est. of Anne Oros v. Divine Savior Healthcare Inc., 2022 WI 27 (Wis. 2022). · cites it 31× “Divine Savior is covered by Chapter 655 only if it was a health care provider, as defined by Wis. Stat. § 655.002 . ¶29 Andruss's wrongful death claim is not against a health care provider covered by Chapter 655.”

Est. of Anne Oros v. Divine Savior Healthcare Inc., 2021 WI App 8 (Wis. Ct. App. 2020). · cites it 49× “§ 655.002 consists of an exclusive list of persons and entities whose activities as health care providers are subject to medical malpractice law.”

Est. of Hegarty v. Beauchaine, 2006 WI App 248 (Wis. Ct. App. 2006). · cites it 8× “¶ 68 On this basis, OHIC asserts that, "[a]s a loaned or borrowed employee of [Children's] and/or the Medical College, which are both inarguably `health care providers' under Chapter 655, see § 655.”

Rouse v. Theda Clark Med. Ctr., Inc., 2007 WI 87 (Wis. 2007). · cites it 8× “The UWHCA and its employees are "health care providers" as defined by Wis. Stat. § 655.002 . Indeed, the defendants do not argue that the UWHCA and its employees do not satisfy these statutory provisions.”

Phelps v. Physicians Ins., 2009 WI 74 (Wis. 2009). · cites it 4× “[13] In 2005, the legislature enacted Wis. Stat. § 655.002 (2)(c) (2005-06), which permits graduate medical education programs, such as the one operated by the Affiliated Hospitals entity, to opt into the provisions of Wis.”

Ferdon Ex Rel. Petrucelli v. Wisconsin Patients Comp. Fund, 2005 WI 125 (Wis. 2005). · cites it 4× “The study makes no findings as to health care providers as defined by Wis. Stat. § 655.002 , only the much narrower category of licensed physicians.”

Phelps v. Physicians Ins. Co. of Wisconsin, Inc., 2005 WI 85 (Wis. 2005). · cites it 4× “" I do not dispute that residents are not "health care providers" under a stringent interpretation of Wis. Stat. § 655.002 . However, unlike the majority, I would hold that the circuit court's two rulings that Lindemann was not St.”

Wisconsin Med. Soc'y, Inc. v. Morgan, 2010 WI 94 (Wis. 2010). · cites it 4× “Wis. Stat. § 655.002 (a). Participation is also mandatory for certain physicians and nurse anesthetists living in Wisconsin but practicing in Michigan, partnerships, corporations, other organizations, cooperative sickness care associations, ambulatory surgery centers, hospitals,…”

Patients Comp. Fund v. Lutheran Hosp.-LaCrosse, Inc., 588 N.W.2d 35 (Wis. 1999). · cites it 5× “" See Wis. Stat. § 655.002 (1)(a)-(c), (2). Therefore, there is no question, and the parties do not dispute, that a registered nurse such as Nurse Cowell does not qualify as a ch.”

McEvoy Ex Rel. Finn v. Grp. Health Coop. of Eau Claire, 570 N.W.2d 397 (Wis. 1997). · cites it 3× “Section 655.002, "Applicability," sets forth those medical actors covered by the chapter.”

Webb v. Ocularra Holding, Inc., 2000 WI App 25 (Wis. Ct. App. 1999). · cites it 7× “Webb argues that an "optometrist" is not found in Wis. Stat. § 655.002 (1), 5 listing the mandatory participants of Chapter 655, nor is an *504 "optometrist" found in § 655.”

Strong v. Wisconsin, 544 F. Supp. 2d 748 (W.D. Wis. 2008). · cites it 2× “Further, the state demonstrates in its brief that a medical malpractice claim may be asserted against a “health care provider” only, which is limit *764 ed in Wis. Stat. § 655.002 to a physician or a nurse anesthetist.”

Show all 23 citing cases →

— Wis. Stat. § 655.002(1) — 5 cases

Est. of Anne Oros v. Divine Savior Healthcare Inc., 2021 WI App 8 (Wis. Ct. App. 2020). “§ 655.002 consists of an exclusive list of persons and entities whose activities as health care providers are subject to medical malpractice law.”

Patients Comp. Fund v. Lutheran Hosp.-LaCrosse, Inc., 588 N.W.2d 35 (Wis. 1999). “" See Wis. Stat. § 655.002 (1)(a)-(c), (2). Therefore, there is no question, and the parties do not dispute, that a registered nurse such as Nurse Cowell does not qualify as a ch.”

Webb v. Ocularra Holding, Inc., 2000 WI App 25 (Wis. Ct. App. 1999). “Webb argues that an "optometrist" is not found in Wis. Stat. § 655.002 (1), 5 listing the mandatory participants of Chapter 655, nor is an *504 "optometrist" found in § 655.”

Natalie Kennedy v. Terry Gander, P.A. (Wis. Ct. App. 2021).

Ludmyla Carlborg v. Mount View Care Ctr. (Wis. Ct. App. 2021).

— Wis. Stat. § 655.002(1)(a) — 1 case

David W. Paynter v. ProAssurance Wisconsin Ins. Co. (Wis. Ct. App. 2019).

— Wis. Stat. § 655.002(1)(f) — 1 case

— Wis. Stat. § 655.002(1)(h) — 2 cases

Est. of Hegarty v. Beauchaine, 2006 WI App 248 (Wis. Ct. App. 2006). “¶ 68 On this basis, OHIC asserts that, "[a]s a loaned or borrowed employee of [Children's] and/or the Medical College, which are both inarguably `health care providers' under Chapter 655, see § 655.”

— Wis. Stat. § 655.002(1)(i) — 3 cases

Est. of Anne Oros v. Divine Savior Healthcare Inc., 2022 WI 27 (Wis. 2022). “Divine Savior is covered by Chapter 655 only if it was a health care provider, as defined by Wis. Stat. § 655.002 . ¶29 Andruss's wrongful death claim is not against a health care provider covered by Chapter 655.”

Joan Fisher v. Froedtert Health, Inc. (Wis. Ct. App. 2025).

— Wis. Stat. § 655.002(1)(j) — 1 case

— Wis. Stat. § 655.002(2) — 2 cases

— Wis. Stat. § 655.002(h) — 1 case

— Wis. Stat. § 655.002(l)(h) — 1 case

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