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Bills from the 2009–10 session

Senate Bill 538

Requiring nursing homes to notify residents of certain alleged violations and providing a penalty

Topics: Nursing homes and adult care

Stopped before the full Senate voted

The recommended passing it, but the full Senate never voted on it. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Feb 16, 2010

  2. Committee, passed

    Approved

  3. Senate vote, stopped here

    Stopped here. The full Senate never voted on it.

  4. Assembly vote, not reached

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Apr 28, 2010: “Failed to pass pursuant to ⁠”

Read the bill

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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

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

14 lawmakers are its ⁠. 7 are Democrats and 1 is a Republican. 6 have no party on record.

12 more lawmakers ⁠.

See all 26 names

Authors (14)

Signed on in support (12)

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

How lawmakers voted

There were 2 votes on this bill.

Senate Committee on Public Health vote on an amendment

Passed, 5 to 0 · Apr 6, 2010

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report introduction of Senate Amendment 1 recommended by committee on Public Health, Senior Issues, Long-Term Care, and Job Creation, Ayes 5, Noes 0 by committee on Public Health, Senior Issues, Long-Term Care, and Job Creation”. Official record · This vote on its own page

Senate Committee on Public Health vote to recommend it

Passed, 3 to 2 · Apr 6, 2010

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report passage as amended recommended by committee on Public Health, Senior Issues, Long-Term Care, and Job Creation, Ayes 3, Noes 2”. Official record · This vote on its own page

What happened

  1. Apr 28, 2010

    The session ended, and the bill died with it.

  2. Apr 6, 2010

    The committee voted to recommend passing it, 3 to 2.

  3. Apr 6, 2010

    “Report adoption of Senate Amendment 1 recommended by committee on Public Health, Senior Issues, Long-Term Care, and Job Creation, Ayes 5, Noes 0” (the official wording)

  4. Apr 6, 2010

    “Report introduction of Senate Amendment 1 recommended by committee on Public Health, Senior Issues, Long-Term Care, and Job Creation, Ayes 5, Noes 0 by committee on Public Health, Senior Issues, Long-Term Care, and Job Creation” (the official wording)

  5. Mar 3, 2010

    The committee held a public hearing.

  6. Feb 26, 2010

    A state agency sent in its estimate of the cost.

  7. Feb 16, 2010

    Sent to the Senate Committee on Public Health, Senior Issues, Long-Term Care, and Job Creation.

  8. Feb 16, 2010

    Introduced in the Senate.

See the official record, word for word
  1. Feb 16, 2010 · Senate

    Introduced by Senators Carpenter, Erpenbach, Kreitlow, Lehman, Darling, Wirch, Taylor and Coggs, by request of Wisconsin Board on Aging and Long Term Care, Coalition of Wisconsin Aging Groups, Disability Rights Wisconsin, AARP Wisconsin, Legal Aid Society Wisconsin;Cosponsored by Representatives Krusick, Cullen, Pasch, Hraychuck, Pope-Roberts, Petrowski, Black, Berceau, Grigsby, Staskunas, Mason and A. Williams

  2. Feb 16, 2010 · Senate

    Read first time and referred to committee on Public Health, Senior Issues, Long-Term Care, and Job Creation

  3. Feb 26, 2010 · Senate

    Fiscal estimate received

  4. Mar 3, 2010 · Senate

    Public hearing held

  5. Apr 6, 2010 · Senate

    Executive action taken

  6. Apr 6, 2010 · Senate

    Report introduction of Senate Amendment 1 recommended by committee on Public Health, Senior Issues, Long-Term Care, and Job Creation, Ayes 5, Noes 0 by committee on Public Health, Senior Issues, Long-Term Care, and Job Creation

  7. Apr 6, 2010 · Senate

    Report adoption of Senate Amendment 1 recommended by committee on Public Health, Senior Issues, Long-Term Care, and Job Creation, Ayes 5, Noes 0

  8. Apr 6, 2010 · Senate

    Report passage as amended recommended by committee on Public Health, Senior Issues, Long-Term Care, and Job Creation, Ayes 3, Noes 2

  9. Apr 6, 2010 · Senate

    Available for scheduling

  10. Apr 28, 2010 · Senate

    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.

More in the glossary

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

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. 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.

More in the glossary

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

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote

More in the glossary