Assembly Bill 389
Requiring nursing homes to notify residents of certain alleged violations and providing a penalty
Topics: Nursing homes and adult care
Stopped in committee
It had a but no committee vote, so it never came up for a vote. To try again, a lawmaker would have to start a new bill.
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Introduced, passed
Aug 18, 2009
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Committee, stopped here
Stopped here. It had a hearing but no committee vote.
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Assembly vote, not reached
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Senate vote, not reached
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Governor, not reached
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Law, not reached
Latest entry in the official record, Apr 28, 2010: “Failed to pass pursuant to ”
It sat with the Assembly Committee on Aging and Long-Term Care.
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Terms on this page
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Public hearing
A meeting where anyone can speak to a committee about a bill, or send written comments.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
What it would have done
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
Under current law, the Department of Health Services (DHS), as part of its regulatory authority, must inspect each nursing home at least once biennially.
Alleged violations by nursing homes of state statutes or rules are of three types, according to seriousness, ranging from a class "A" violation (creation of a condition or occurrence relating to the operation and maintenance of a nursing home that presents a substantial probability that death or serious mental or physical harm to a resident will result) to a class "C" violation (a condition or occurrence that does not directly threaten the health, safety, or welfare of a nursing home resident). If DHS determines that a nursing home's alleged violation is a class "A" violation, DHS serves a written notice of violation on the nursing home. If a nursing home fails to abate or eliminate a class "A" violation immediately, or within a time specified in the notice of violation, DHS must maintain a court action for injunction or other restraint, although a nursing home may contest a class "A" violation determination by an administrative hearing that is subject to judicial review. A class "A" violation is subject to a forfeiture of not more than $10,000.
Read the full summary Show less
Also under current law, for nursing homes that are certified to provide care to Medicare beneficiaries or Medical Assistance (MA) recipients, DHS may also act as the federal agent in enforcing federal standards of operation. If DHS determines that an alleged violation by a nursing home creates immediate jeopardy (a situation in which the nursing home's noncompliance with one or more requirements of federal financial participation has caused or is likely to cause serious injury, harm, impairment, or death to a resident), DHS, acting as the federal agent, may serve a written statement of deficiency on the nursing home. Various federal actions are available against a nursing home if there is a situation of immediate jeopardy, including appointment of a temporary manager, termination of a Medicare or MA provider agreement, transfer of residents, and other remedies.
This bill requires a nursing home that receives a written notice of a class "A" violation or a federal statement of deficiency that indicates a finding of immediate jeopardy to provide to each nursing home resident identified in the notice or statement and the resident's legal representative, if any, within 15 days after receiving the notice or statement, a written notice. The notice must include a copy of the notice of violation or statement of deficiency and provide certain other information. Failure by a nursing home to provide the information required is a class "C" violation, subject to a forfeiture of not more than $2,500.
Who's behind it
15 lawmakers are its . 8 are Democrats and 1 is a Republican. 6 have no party on record.
8 more lawmakers .
See all 23 names Hide the names
Authors (15)
- Annette Williams · Democrat, Assembly
- AARP Wisconsin
- Terese Berceau · Democrat, Assembly
- Coalition of Wisconsin Aging Groups
- David Cullen · Democrat, Assembly
- Disability Rights Wisconsin
- Tamara Grigsby · Democrat, Assembly
- Ann Hraychuck · Democrat, Assembly
- Margaret Krusick · Democrat, Assembly
- Legal Aid Society of Milwaukee
- Long-Term Care
- Cory Mason · Democrat, Assembly
- Sandy Pasch · Democrat, Assembly
- Jerry Petrowski · Republican, Senate
- by request of Wisconsin Board on Aging
Signed on in support (8)
- Tim Carpenter · Democrat, Senate
- Alberta Darling · Republican, Senate
- Jon Erpenbach · Democrat, Senate
- Pat Kreitlow · Democrat, Senate
- John Lehman · Democrat, Senate
- Tony Staskunas · Democrat, Assembly
- Lena Taylor · Democrat, Senate
- Bob Wirch · Democrat, Senate
What it would cost
State agencies filed a . Each opens as a PDF from the Legislature.
What happened
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Apr 28, 2010
The session ended, and the bill died with it.
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Feb 10, 2010
1 more representative signed on in support.
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Sep 18, 2009
A state agency sent in its estimate of the cost.
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Sep 10, 2009
The committee held a public hearing.
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Sep 4, 2009
A state agency sent in its estimate of the cost.
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Aug 18, 2009
Sent to the Assembly Committee on Aging and Long-Term Care.
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Aug 18, 2009
Introduced in the Assembly.
See the official record, word for word Hide the official record
- Aug 18, 2009 · Assembly
Introduced by Representatives Krusick, Petrowski, Berceau, Cullen, Grigsby, Hraychuck, Mason, Pasch and A. Williams, by request of Wisconsin Board on Aging and Long-Term Care, Coalition of Wisconsin Aging Groups, Disability Rights Wisconsin, AARP Wisconsin and Legal Aid Society of Milwaukee;Cosponsored by Senators Carpenter, Darling, Erpenbach, Lehman, Taylor, Wirch and Kreitlow
- Aug 18, 2009 · Assembly
Read first time and referred to committee on Aging and Long-Term Care
- Sep 4, 2009 · Assembly
Fiscal estimate received
- Sep 10, 2009 · Assembly
Public hearing held
- Sep 18, 2009 · Assembly
Fiscal estimate received
- Feb 10, 2010 · Assembly
Representative Staskunas added as a coauthor
- Apr 28, 2010 · Assembly
Failed to pass pursuant to Senate Joint Resolution 1
Terms on this page
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Public hearing
A meeting where anyone can speak to a committee about a bill, or send written comments.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Public hearing
A meeting where anyone can speak to a committee about a bill, or send written comments.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate