Senate Bill 212
Regulation of nursing homes, requiring the exercise of rule-making authority, and making an appropriation
Topics: Health Services, Department of: Supportive living and treatment, Medical assistance, Nursing homes and adult care
Became law
The governor signed it on Nov 18, 2011. It's .
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Introduced, passed
Oct 5, 2011
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Committee, passed
Approved
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Senate vote, passed
Passed 24 to 7
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Assembly vote, passed
Passed 70 to 22
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Governor, passed
Signed
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Law, here now
2011 Wisconsin Act 70
Latest entry in the official record, Nov 18, 2011: “Published 12-1-2011”
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Terms on this page
Wisconsin Act
The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.
Official term: Act. 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
What it does
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
Federal and state requirements for nursing homes Under current law, a nursing home that receives Medicaid or Medicare funding for the care of a resident is subject to both federal and state requirements. The Department of Health Services (DHS) enforces both federal and state requirements for nursing homes. Currently, for nursing homes that are Medicaid and Medicare providers, DHS may issue both federal and state citations for the same practice and may recommend federal remedies and impose state sanctions. This bill prohibits DHS from issuing a notice of violation of a state requirement to a nursing home that is a Medical Assistance or Medicare provider if DHS has, in a statement of deficiency, cited the nursing home for a violation of a federal requirement that is based on the same facts.
Under current law, DHS may seek an injunction in court to enjoin the repeated violation of the state's nursing home statutes or a rule promulgated under the authority of the state's nursing home statutes. The bill allows DHS to seek an injunction to enjoin repeated violation of certain federal requirements related to the operation of a nursing home.
Read the full summary Show less
Monetary penalties Under current law, DHS may assess a forfeiture against a nursing home for a violation of a state requirement. There is no time limit for DHS to assess a forfeiture for a violation. Nursing homes must pay forfeitures to DHS within ten days after receipt of notice of imposition of the forfeiture or after receipt of the final decision after exhaustion of administrative review. If a nursing home does not contest a notice of violation and a forfeiture and pays the forfeiture within ten days after receipt of the notice, DHS must reduce the forfeiture amount by 35 percent.
The bill requires DHS to impose a forfeiture within 120 days of notifying a nursing home of a violation or DHS loses the authority to impose a forfeiture. The bill changes to 60 days the time period by which a nursing home must pay forfeitures to DHS after receipt of the notice of imposition or the final decision after exhaustion of administrative review, and also changes to 60 days the time period within which a nursing home may pay a forfeiture and have the forfeiture amounts reduced by 35 percent.
Appeals Currently, in order to appeal a DHS finding that the nursing home violated a state requirement, a nursing home must request a hearing on the finding within ten days of receiving notice of the violation. If DHS assesses a forfeiture for the violation and the nursing home wishes to appeal the forfeiture, the nursing home must request a separate hearing on the forfeiture within ten days of receiving notice of a contested action. Upon request of the nursing home, the hearing on the finding of violation may be stayed until DHS assesses a forfeiture so that the hearing on the finding of violation and the hearing on the forfeiture may be consolidated.
The bill extends the deadline for a nursing home to request a hearing on a finding that the nursing home violated a state requirement to 60 days after receipt of the notice of violation. The bill also extends the deadline for requesting a hearing on a forfeiture to 60 days after receipt of notice of the forfeiture. The bill further provides that, if a nursing home timely appeals both a finding of violation and a forfeiture, the hearings on the violation and the forfeiture will be consolidated.
Conditional and probationary licenses Currently, in addition to the right to impose a forfeiture on a nursing home for violations, DHS may issue a conditional license to a nursing home in which DHS finds that a class "A" or a class "B" violation continues to exist. (A class "A" violation creates 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 nursing home resident will result. A class "B" violation creates a condition or occurrence relating to the operation and maintenance of a nursing home that directly threatens the health, safety, or welfare of a nursing home resident.) Issuing a conditional license revokes any outstanding license held by the nursing home.
This bill expands the standard for issuance by DHS of a conditional license for a nursing home to also include a continuing violation of federal law that constitutes immediate jeopardy or actual harm not involving immediate jeopardy to a nursing home resident.
Under current law, an applicant for a nursing home license that has not been previously licensed to operate a nursing home or whose nursing home is not operating at the time of application is issued a probationary license. To obtain a regular license, DHS inspects the nursing home to determine whether the nursing home meets the requirements for licensure. The bill specifies that a nursing home operating under a probationary license must also substantially comply with requirements under certain federal regulations related to the operation of a nursing home, if applicable, in order to obtain a regular license.
Suspension of admissions Under current law, DHS must suspend new admissions to a nursing home if the nursing home received notices of a class "A" violation or three or more class "B" violations in the previous 12 months; and if the nursing home received notices of a class "A" violation or three or more class "B" violations in any 12-month period during the three years immediately preceding the previous 12 months. Suspension of admissions begins 90 days after a nursing home receives its last notice of a class "A" or class "B" violation if DHS determines that the violation is uncorrected 90 days after the last notice or on the day that DHS makes a return visit to the nursing home and determines that the violation has not been corrected. A suspension must remain in effect until DHS determines that the nursing home has corrected all class "A" and class "B" violations.
This bill expands the standard for suspension of new admissions to a nursing home to include circumstances under which a nursing home received written notice of a violation that involved immediate jeopardy to a resident; a class "A" violation;
or three or more class "B" violations or violations that constituted actual harm not involving immediate jeopardy to a resident. These circumstances must have occurred both in the previous 15 months and in any 15-month period during the 36 months immediately preceding the previous 15 months. Under the bill, a suspension of admissions may begin only 90 days after a nursing home receives its last notice of a violation if DHS determines that the violation in uncorrected 90 days after the last notice. Suspension of admissions must remain in effect until DHS determines that the nursing home has corrected the violation in question.
Suspension or revocation of licensure Currently, DHS may, after providing notice to a nursing home applicant or licensee, suspend or revoke the license if DHS finds that the nursing home substantially failed to comply with applicable state statutes or rules. No state or federal funds passing through the state treasury may be paid to a nursing home that does not have a valid license. This bill also permits DHS to suspend or revoke a nursing home license if the nursing home has substantially failed to comply with specified state law or with federal requirements related to the operation of a nursing home.
Notices of violation In certain circumstances under current law, DHS must provide a notice of violation to a nursing home, such as the presence in a nursing home of a class "A" or "B" violation. The department currently is not required to serve a notice of violation if the nursing home reports the violation to DHS and the violation occurs and remains uncorrected despite the nursing home's every reasonable effort to prevent and correct the violation. This bill expands the circumstances under which DHS is not required to serve a notice of violation to include situations in which a nursing home reports the violation to DHS and has corrected the violation.
Quality improvements This bill allows DHS to distribute moneys, including civil money penalties collected under a certain federal regulation, for innovative projects designed to protect the property and the health, safety, and welfare of nursing home residents and to improve the efficiency and cost effectiveness of the operation of nursing home facilities. Also, under the bill, DHS must establish and maintain a quality assurance and improvement committee to review proposals and award moneys for those innovative projects.
Who's behind it
7 senators are its . 4 are Democrats and 3 are Republicans.
24 more lawmakers .
See all 31 names Hide the names
Authors (7)
- Pam Galloway · Republican, Senate
- Jim Holperin · Democrat, Senate
- Mary Lazich · Republican, Senate
- Dale Schultz · Republican, Senate
- Jennifer Shilling · Democrat, Senate
- Kathleen Vinehout · Democrat, Senate
- Bob Wirch · Democrat, Senate
Signed on in support (24)
- Alvin Ott · Republican, Assembly
- Joan Ballweg · Republican, Senate
- Kathleen Bernier · Republican, Senate
- Janet Bewley · Democrat, Senate
- Edward Brooks · Republican, Assembly
- Chris Danou · Democrat, Assembly
- Steve Doyle · Democrat, Assembly
- Steve Kestell · Republican, Assembly
- Dan Knodl · Republican, Assembly
- Daniel LeMahieu · Republican, Assembly
- Louis Molepske Jr. · Democrat, Assembly
- Jeff Mursau · Republican, Assembly
- John Nygren · Republican, Assembly
- Warren Petryk · Republican, Assembly
- Keith Ripp · Republican, Assembly
- Richard Spanbauer · Republican, Assembly
- Pat Strachota · Republican, Assembly
- Thomas Larson · Republican, Assembly
- Jeremy Thiesfeldt · Republican, Assembly
- Travis Tranel · Republican, Assembly
- Karl Van Roy · Republican, Assembly
- Robin Vos · Republican, Assembly
- Mary Williams · Republican, Assembly
- Evan Wynn · Republican, Assembly
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 5 votes on this bill.
Senate Committee on Public Health vote to recommend it
Passed, 4 to 1 · Oct 21, 2011
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report passage recommended by committee on Public Health, Human Services, and Revenue, Ayes 4, Noes 1”. Official record · This vote on its own page
Senate vote
Passed, 5 to 0 · Oct 26, 2011
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Referred to joint committee on Finance by committee on Senate Organization, pursuant to Senate Rule 41 (1)(e), Ayes 5, Noes 0”. Official record · This vote on its own page
Senate vote on an amendment
Passed, 16 to 15 · Oct 27, 2011
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Senate amendment 3 laid on table, Ayes 16, Noes 15”. Official record · This vote on its own page
Senate vote to pass it
Passed, 24 to 7 · Oct 27, 2011 · 2 didn't vote
See how each of the 33 senators voted Hide the names
D: Democrat, R: Republican
Yes (24)
- Alberta Darling (R, 8)
- Bob Wirch (D, 22)
- Chris Larson (D, 7)
- Dale Schultz (R, 17)
- Glenn Grothman (R, 20)
- Jennifer Shilling (D, 32)
- Jessica King (D, 18)
- Jim Holperin (D, 12)
- Joe Leibham (R, 9)
- Julie M. Lassa (D, 24)
- Kathleen Vinehout (D, 31)
- Leah Vukmir (R, 5)
- Luther S. Olsen (R, 14)
- Mary Lazich (R, 28)
- Michael Ellis (R, 19)
- Neal Kedzie (R, 11)
- Pam Galloway (R, 29)
- Rich Zipperer (R, 33)
- Rob Cowles (R, 2)
- Robert Jauch (D, 25)
- Scott L. Fitzgerald (R, 13)
- Sheila Harsdorf (R, 10)
- Terry Moulton (R, 23)
- Van Wanggaard (R, 21)
No (7)
- Dave Hansen (D, 30)
- Fred A. Risser (D, 26)
- Lena Taylor (D, 4)
- Mark Miller (D, 16)
- Spencer Coggs (D, 6)
- Tim Carpenter (D, 3)
- Timothy Cullen (D, 15)
Didn't vote (2)
- Frank G. Lasee (R, 1)
- Jon Erpenbach (D, 27)
Official motion: “Read a third time and passed, Ayes 24, Noes 7”. Official record · This vote on its own page
Assembly vote to pass it
Passed, 70 to 22 · Nov 3, 2011
See how each of the 92 representatives voted Hide the names
D: Democrat, I: Independent, R: Republican
Yes (70)
- Alvin Ott (R, 3)
- Amy Loudenbeck (R, 31)
- Amy Sue Vruwink (D, 70)
- André Jacque (R, 1)
- Bill Kramer (R, 97)
- Bob Ziegelbauer (I, 25)
- Chad Weininger (R, 4)
- Chris Danou (D, 92)
- Chris Kapenga (R, 33)
- Cory Mason (D, 66)
- Dale Kooyenga (R, 5)
- Dan Knodl (R, 24)
- Dan Meyer (R, 34)
- Daniel LeMahieu (R, 59)
- David Craig (R, 28)
- Dean Kaufert (R, 53)
- Dean Knudson (R, 30)
- Don Pridemore (R, 22)
- Duey Stroebel (R, 20)
- Edward Brooks (R, 50)
- Evan Wynn (R, 43)
- Gary Tauchen (R, 6)
- Gordon Hintz (D, 54)
- Howard Marklein (R, 17)
- Janet Bewley (D, 25)
- Janis Ringhand (D, 15)
- Jason Fields (D, 11)
- Jeff Fitzgerald (R, 39)
- Jeff Mursau (R, 36)
- Jeffrey Stone (R, 82)
- Jeremy Thiesfeldt (R, 52)
- Jerry Petrowski (R, 29)
- Jim Ott (R, 23)
- Jim Steineke (R, 5)
- Joan Ballweg (R, 14)
- Joe Knilans (R, 44)
- Joel Kleefisch (R, 38)
- John Klenke (R, 88)
- John Murtha (R, 29)
- John Nygren (R, 89)
- John Steinbrink (D, 65)
- Karl Van Roy (R, 90)
- Kathleen Bernier (R, 23)
- Keith Ripp (R, 42)
- Kevin Petersen (R, 57)
- Lee Nerison (R, 96)
- Louis Molepske Jr. (D, 71)
- Mark Honadel (R, 21)
- Mark Radcliffe (D, 92)
- Michelle Litjens (R, 56)
- Mike Endsley (R, 26)
- Mike Kuglitsch (R, 84)
- Pat Strachota (R, 58)
- Paul F. Farrow (R, 33)
- Peter Barca (D, 64)
- Richard Spanbauer (R, 53)
- Robert Turner (D, 61)
- Robin Vos (R, 33)
- Roger Rivard (R, 75)
- Samantha Kerkman (R, 61)
- Scott Krug (R, 72)
- Scott Suder (R, 69)
- Sondy Pope (D, 80)
- Steve Kestell (R, 27)
- Steve Nass (R, 11)
- Thomas Larson (R, 67)
- Thomas Tiffany (R, 12)
- Travis Tranel (R, 49)
- Tyler August (R, 31)
- Warren Petryk (R, 93)
No (22)
- Andy Jorgensen (D, 43)
- Barbara Toles (D, 17)
- Brett Hulsey (D, 78)
- Chris Taylor (D, 76)
- Christine Sinicki (D, 20)
- David Cullen (D, 13)
- Donna Seidel (D, 85)
- Elizabeth Coggs (D, 10)
- Frederick Kessler (D, 12)
- JoCasta Zamarripa (D, 8)
- Jon Richards (D, 19)
- Kelda Roys (D, 26)
- Leon Young (D, 16)
- Margaret Krusick (D, 7)
- Mark Pocan (D, 78)
- Nick Milroy (D, 73)
- Penny Bernard Schaber (D, 57)
- Sandy Pasch (D, 10)
- Steve Doyle (D, 94)
- Tamara Grigsby (D, 18)
- Terese Berceau (D, 77)
- Tony Staskunas (D, 15)
Official motion: “Read a third time and concurred in, Ayes 70, Noes 22, Paired 6”. Official record · This vote on its own page
What happened
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Nov 18, 2011
The new law was published.
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Nov 18, 2011
The governor signed it. It became 2011 Wisconsin Act 70.
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Nov 15, 2011
Sent to the governor.
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Nov 3, 2011
The Assembly passed it too, 70 to 22.
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Oct 27, 2011
Sent to the Assembly Committee on Rules.
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Oct 27, 2011
The Assembly received it.
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Oct 27, 2011
The Senate passed it, 24 to 7.
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Oct 26, 2011
“Withdrawn from joint committee on Finance and made Available for Scheduling by committee on Senate Organization, pursuant to Senate Rule 41 (1)(e), Ayes 5, Noes 0” (the official wording)
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Oct 26, 2011
Sent to the Joint Committee on Finance.
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Oct 26, 2011
A state agency sent in its estimate of the cost.
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Oct 21, 2011
The committee voted to recommend passing it, 4 to 1.
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Oct 14, 2011
A state agency sent in its estimate of the cost.
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Oct 13, 2011
The committee held a public hearing.
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Oct 5, 2011
Sent to the Senate Committee on Public Health, Human Services, and Revenue.
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Oct 5, 2011
Introduced in the Senate.
See the official record, word for word Hide the official record
- Oct 5, 2011 · Senate
Introduced by Senators Galloway, Lazich, Holperin, Schultz, Shilling, Vinehout and Wirch;Cosponsored by Representatives Knodl, Wynn, Nygren, Ballweg, Bernier, Bewley, Brooks, Danou, Doyle, Kestell, T. Larson, LeMahieu, Molepske Jr, Mursau, A. Ott, Petryk, Ripp, Spanbauer, Strachota, Thiesfeldt, Tranel, Van Roy, Williams and Vos
- Oct 5, 2011 · Senate
Read first time and referred to committee on Public Health, Human Services, and Revenue
- Oct 13, 2011 · Senate
Public hearing held
- Oct 14, 2011 · Senate
Fiscal estimate received
- Oct 20, 2011 · Senate
Executive action taken
- Oct 21, 2011 · Senate
Report passage recommended by committee on Public Health, Human Services, and Revenue, Ayes 4, Noes 1
- Oct 21, 2011 · Senate
Available for scheduling
- Oct 26, 2011 · Senate
Fiscal estimate received
- Oct 26, 2011 · Senate
Referred to joint committee on Finance by committee on Senate Organization, pursuant to Senate Rule 41 (1)(e), Ayes 5, Noes 0
- Oct 26, 2011 · Senate
Withdrawn from joint committee on Finance and made Available for Scheduling by committee on Senate Organization, pursuant to Senate Rule 41 (1)(e), Ayes 5, Noes 0
- Oct 26, 2011 · Senate
Placed on calendar 10-27-2011 pursuant to Senate Rule 18(1)
- Oct 27, 2011 · Senate
Read a second time
- Oct 27, 2011 · Senate
Senate amendment 1 offered by Senators Vinehout, Holperin, King, Miller, Hansen and Taylor
- Oct 27, 2011 · Senate
Senate amendment 1 laid on table
- Oct 27, 2011 · Senate
Senate amendment 2 offered by Senators Holperin, Vinehout, Taylor, Hansen, Lassa and Miller
- Oct 27, 2011 · Senate
Senate amendment 2 withdrawn and returned to author
- Oct 27, 2011 · Senate
- Oct 27, 2011 · Senate
Senate amendment 3 laid on table, Ayes 16, Noes 15
- Oct 27, 2011 · Senate
Ordered to a third reading
- Oct 27, 2011 · Senate
Rules suspended
- Oct 27, 2011 · Senate
Read a third time and passed, Ayes 24, Noes 7
- Oct 27, 2011 · Senate
Ordered immediately messaged
- Oct 27, 2011 · Assembly
Received from Senate
- Oct 27, 2011 · Assembly
Read first time and referred to committee on Rules
- Oct 27, 2011 · Assembly
Placed on calendar 11-1-2011 by committee on Rules
- Oct 31, 2011 · Assembly
Assembly amendment 1 offered by Representative Danou
- Nov 1, 2011 · Assembly
Assembly substitute amendment 1 offered by Representatives Barca, Mason, Turner and Steinbrink
- Nov 1, 2011 · Assembly
Made a special order of business at 11:09 A.M. on 11-03-2011 pursuant to Assembly Resolution 18
- Nov 3, 2011 · Assembly
Read a second time
- Nov 3, 2011 · Assembly
Representative Steinbrink withdrawn as a coauthor to Assembly substitute amendment 1
- Nov 3, 2011 · Assembly
Assembly substitute amendment 1 withdrawn and returned to author
- Nov 3, 2011 · Assembly
Assembly amendment 1 withdrawn and returned to author
- Nov 3, 2011 · Assembly
Ordered to a third reading
- Nov 3, 2011 · Assembly
Rules suspended
- Nov 3, 2011 · Assembly
Read a third time and concurred in, Ayes 70, Noes 22, Paired 6
- Nov 3, 2011 · Assembly
Ordered immediately messaged
- Nov 4, 2011 · Senate
Received from Assembly concurred in
- Nov 11, 2011 · Senate
Report correctly enrolled on 11-11-2011
- Nov 15, 2011 · Senate
Presented to the Governor on 11-15-2011
- Nov 18, 2011 · Senate
Report approved by the Governor on 11-16-2011. 2011 Wisconsin Act 70
- Nov 18, 2011 · Senate
Published 12-1-2011
Terms on this page
Wisconsin Act
The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.
Official term: Act. 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
Wisconsin Act
The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.
Official term: Act
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
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote