Enforcement: Moderate · Wis. Stat. 448.03 / 448.08

CPOM Compliance for Wisconsin Healthcare Startups

Wisconsin is more flexible than California or Texas on classic CPOM, but Wis. Stat. § 448.03 still requires a Medical Examining Board license, and § 448.08 still polices fee-splitting.

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The law in Wisconsin

Key authorities (official text)

Wisconsin Medical Examining Board · Wis. Stat. ch. 448 · ch. 180 service corporations

Medical Examining Board (DSPS) · Wis. Stat. § 448.03 · § 448.08 · § 180.1901 · § 180.1903.

Wisconsin CPOM is Moderate. The state does not copy California Business & Professions Code § 2400. Official text of Wis. Stat. § 448.03(1)(a) says: “No person may practice medicine and surgery, or attempt to do so or make a representation as authorized to do so, without a license to practice medicine and surgery granted by the board.” That is a license-to-practice rule. Commentators often infer a corporate-employment ban from it; Foundry cites the statute as written. § 448.08 is the sharper overlay: fee, commission, or rebate for a referral, or pay for services not actually rendered. Milwaukee and Madison digital-health diligence still wants a physician-owned service corporation plus a fair-market-value MSA.

Wisconsin is not permission for a lay LLC to hold itself out as practicing medicine. Chapter 448 licenses people, not operating companies. A medical-director title on a Delaware company does not satisfy § 448.03. The Medical Examining Board (under DSPS) disciplines licensees; hospital and some safety-net employment exceptions exist and do not stretch to a typical venture-backed telehealth company. Confirm those exceptions with counsel.

Professional / service corporations sit in Wis. Stat. § 180.1901 et seq. § 180.1903 is the organizing statute commentators cite for a medical service corporation. Collaboration for NPs/PAs is a different job from owning the Professional Corporation. See collaborating physician vs physician PC owner. Longer narrative: Wisconsin CPOM blog guide.

Typical PC / MSO structure in Wisconsin

Form a Wisconsin service corporation under chapter 180 owned by a Wisconsin-licensed MD or DO. The MSO, often the Delaware operating company, provides non-clinical services under a written MSA at fair market value. Clinical revenue lands in the PC. Foundry forms that structure ($15,000) and matches a friendly PC owner ($3,000/mo). Not a rented Super PC.

If you also treat California, Texas, New York, or Illinois patients, Wisconsin’s Moderate label does not control those states. Start with the CPOM 50-state guide and form for the footprint you actually have.

When you still need a PC vs only an MSO

Use this as an operator rule, not a filing opinion. Confirm with counsel.

Wisconsin fact patternTypical entityWhy
Wisconsin-only, cash-pay, physician already owns the practiceMay stay on the existing service corporationStill document clinical control and FMV admin if an MSO is in the picture
Venture-backed or multi-state telehealth that includes WisconsinWisconsin-aware physician service corp + FMV MSABuyers and payers test CPOM compliance the same way they do in strict states
Wisconsin plus California, Texas, or IllinoisForm for the strict / moderate states, then qualify WisconsinWisconsin’s Moderate label does not soften B&P 2400, Occupations Code ch. 155, or 225 ILCS 60

Fee-splitting note

Wis. Stat. § 448.08 restricts giving or receiving a fee, commission, rebate, or other compensation for sending or referring a person to a licensee, or for professional services not actually rendered personally or at the licensee’s direction. A percentage-of-collections management fee is the pattern that looks most like a split of professional fees. Prefer a fixed or FMV-supported admin fee. Pair this page with the fee-risk table on CPOM compliance.

Wisconsin patternRiskSafer pattern
Lay LLC holds itself out as practicing medicineHigh: § 448.03 license overlayLicensed-professional service corporation under §§ 180.1901–180.1921
MSO paid % of professional collectionsHigh: § 448.08 overlayFixed FMV admin fee with a memo
Physician PC + FMV MSA + separate booksBase caseRevisit FMV when volume changes

What Wisconsin founders need to know

Operational checklist: CPOM compliance. Setup path: MSO-PC formation ($15,000). Full map: CPOM 50-state guide. Book a call from the homepage.

Wisconsin CPOM FAQ

Does Wisconsin have strict CPOM?

Wisconsin is Moderate / more flexible than California or Texas. There is no B&P § 2400 analogue. Wis. Stat. § 448.03, § 448.08, and §§ 180.1901–180.1921 still expect licensed control of medicine and clean fees. Foundry keeps Wisconsin as Moderate on the CPOM 50-state guide.

Do I still need an MSO-PC in Wisconsin?

Yes for most venture-backed and multi-state models. The professional entity holds clinical care; the MSO is paid fair market value for non-clinical services.

How does Wisconsin treat fee-splitting?

§ 448.08 is the fee-splitting overlay. A percentage-of-collections MSA is the high-risk pattern. Prefer a fixed FMV admin fee.

How does Foundry help with Wisconsin CPOM?

MSO-PC formation is $15,000 one-time. A Wisconsin-licensed physician PC owner is $3,000/mo. Foundry is not a law firm.

Related reading

Last reviewed 2026-09-13 by Matthew Milford, Founder. Foundry PC is not a law firm. General information only, not legal advice. Prices: MSO-PC formation $15,000 one-time · friendly PC owner $3,000/mo.

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