Wisconsin Bill Weakens Some Nursing Home Regulations, Strengthens Others
The Wisconsin Legislature on Thursday passed a bill reforming the state's regulation of nursing homes. The bill gives the state more power to revoke and suspend nursing homes' licenses and sue them for violation of federal rules, but it will also result in fewer citations being issued and give the homes more time to pay fines. It is estimated that homes will pay $1.5 million less per year in fines under the new system.
The key part of the bill changes how the state administers state and federal regulations for nursing homes. The state Department of Health Services, like similar departments in most states, enforces both state and federal regulations. Currently, when the Department finds an infraction, the home can be punished and fined under both sets of regulations for the same infraction.
For example, both state and federal regulations have duplicate regulations for many areas such as resident falls, malnutrition, and bed sores and under the current system the homes can be punished and fined twice for the same infraction if it violates both state and federal regulations. The new system will force the Department of Health Services to choose one set of regulations to punish each infraction under.
While the new regulations have positive aspects, such as making it easier to revoke or suspend licenses, the decrease in financial penalties for nursing home violations should worry Wisconsin nursing home residents and their families. Financial penalties, whether through government regulation or litigation, are the primary way of holding nursing home administrators accountable. With the decrease in government penalties, Wisconsin nursing home residents and their families will have to be even more vigilant than usual in detecting and preventing abuse and neglect.
