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Bills from the 2011–12 session

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 ⁠.

  1. Introduced, passed

    Oct 5, 2011

  2. Committee, passed

    Approved

  3. Senate vote, passed

    Passed 24 to 7

  4. Assembly vote, passed

    Passed 70 to 22

  5. Governor, passed

    Signed

  6. Law, here now

    2011 Wisconsin Act 70

Latest entry in the official record, Nov 18, 2011: “Published 12-1-2011”

Read the bill

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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

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

Authors (7)

Signed on in support (24)

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

D: Democrat, R: Republican

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

D: Democrat, I: Independent, R: Republican

Yes (70)

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

  1. Nov 18, 2011

    The new law was published.

  2. Nov 18, 2011

    The governor signed it. It became 2011 Wisconsin Act 70.

  3. Nov 15, 2011

    Sent to the governor.

  4. Nov 3, 2011

    The Assembly passed it too, 70 to 22.

  5. Oct 27, 2011

    Sent to the Assembly Committee on Rules.

  6. Oct 27, 2011

    The Assembly received it.

  7. Oct 27, 2011

    The Senate passed it, 24 to 7.

  8. 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)

  9. Oct 26, 2011

    Sent to the Joint Committee on Finance.

  10. Oct 26, 2011

    A state agency sent in its estimate of the cost.

  11. Oct 21, 2011

    The committee voted to recommend passing it, 4 to 1.

  12. Oct 14, 2011

    A state agency sent in its estimate of the cost.

  13. Oct 13, 2011

    The committee held a public hearing.

  14. Oct 5, 2011

    Sent to the Senate Committee on Public Health, Human Services, and Revenue.

  15. Oct 5, 2011

    Introduced in the Senate.

See the official record, word for word
  1. 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

  2. Oct 5, 2011 · Senate

    Read first time and referred to committee on Public Health, Human Services, and Revenue

  3. Oct 13, 2011 · Senate

    Public hearing held

  4. Oct 14, 2011 · Senate

    Fiscal estimate received

  5. Oct 20, 2011 · Senate

    Executive action taken

  6. Oct 21, 2011 · Senate

    Report passage recommended by committee on Public Health, Human Services, and Revenue, Ayes 4, Noes 1

  7. Oct 21, 2011 · Senate

    Available for scheduling

  8. Oct 26, 2011 · Senate

    Fiscal estimate received

  9. 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

  10. 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

  11. Oct 26, 2011 · Senate

    Placed on calendar 10-27-2011 pursuant to Senate Rule 18(1)

  12. Oct 27, 2011 · Senate

    Read a second time

  13. Oct 27, 2011 · Senate

    Senate amendment 1 offered by Senators Vinehout, Holperin, King, Miller, Hansen and Taylor

  14. Oct 27, 2011 · Senate

    Senate amendment 1 laid on table

  15. Oct 27, 2011 · Senate

    Senate amendment 2 offered by Senators Holperin, Vinehout, Taylor, Hansen, Lassa and Miller

  16. Oct 27, 2011 · Senate

    Senate amendment 2 withdrawn and returned to author

  17. Oct 27, 2011 · Senate

    Senate amendment 3 offered by Senators Carpenter and Lassa

  18. Oct 27, 2011 · Senate

    Senate amendment 3 laid on table, Ayes 16, Noes 15

  19. Oct 27, 2011 · Senate

    Ordered to a third reading

  20. Oct 27, 2011 · Senate

    Rules suspended

  21. Oct 27, 2011 · Senate

    Read a third time and passed, Ayes 24, Noes 7

  22. Oct 27, 2011 · Senate

    Ordered immediately messaged

  23. Oct 27, 2011 · Assembly

    Received from Senate

  24. Oct 27, 2011 · Assembly

    Read first time and referred to committee on Rules

  25. Oct 27, 2011 · Assembly

    Placed on calendar 11-1-2011 by committee on Rules

  26. Oct 31, 2011 · Assembly

    Assembly amendment 1 offered by Representative Danou

  27. Nov 1, 2011 · Assembly

    Assembly substitute amendment 1 offered by Representatives Barca, Mason, Turner and Steinbrink

  28. Nov 1, 2011 · Assembly

    Made a special order of business at 11:09 A.M. on 11-03-2011 pursuant to Assembly Resolution 18

  29. Nov 3, 2011 · Assembly

    Read a second time

  30. Nov 3, 2011 · Assembly

    Representative Steinbrink withdrawn as a coauthor to Assembly substitute amendment 1

  31. Nov 3, 2011 · Assembly

    Assembly substitute amendment 1 withdrawn and returned to author

  32. Nov 3, 2011 · Assembly

    Assembly amendment 1 withdrawn and returned to author

  33. Nov 3, 2011 · Assembly

    Ordered to a third reading

  34. Nov 3, 2011 · Assembly

    Rules suspended

  35. Nov 3, 2011 · Assembly

    Read a third time and concurred in, Ayes 70, Noes 22, Paired 6

  36. Nov 3, 2011 · Assembly

    Ordered immediately messaged

  37. Nov 4, 2011 · Senate

    Received from Assembly concurred in

  38. Nov 11, 2011 · Senate

    Report correctly enrolled on 11-11-2011

  39. Nov 15, 2011 · Senate

    Presented to the Governor on 11-15-2011

  40. Nov 18, 2011 · Senate

    Report approved by the Governor on 11-16-2011. 2011 Wisconsin Act 70

  41. 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

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

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