50.49 (1) (a). (1s) “Intensive skilled nursing care” means care requiring specialized nursing assessment skills and the performance of specific services and procedures that are complex because of the resident’s condition or the type or number of procedures that are necessary, including any of the following: (a) Direct patient observation or monitoring or performance of complex nursing procedures by registered nurses or licensed practical nurses on a continuing basis. (b) Repeated application of complex nursing procedures or services every 24 hours. (c) Frequent monitoring and documentation of the resident’s condition and response to therapeutic measures. (1t) “Intermediate level nursing care” means basic care that is required by a person who has a long-term illness or disability that has reached a relatively stable plateau. (1w) “Licensed practical nurse” means a licensed practical nurse who is licensed or has a temporary permit under s. 441.10 or who holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.51 (2) (k). (2) “Nurse aide” means a person who performs routine patient care duties delegated by a registered nurse or licensed practical nurse who supervises the person, for the direct health care of a patient or resident. “Nurse aide” does not mean a feeding assistant, as defined in s. 146.40 (1) (aw); a person who is licensed, permitted, certified, or registered under ch. 441, 448, 449, 450,
Updated 23-24 Wis. Stats.
2
451, 455, 459, or 460; or a person whose duties primarily involve skills that are different than those taught in instructional programs for nurse aides. (2m) “Nursing care” means nursing procedures, other than personal care, that are permitted to be performed by a registered nurse under s. 441.01 (3) or by a licensed practical nurse under s. 441.001 (3), directly on or to a resident. (3) “Nursing home” means a place where 5 or more persons who are not related to the operator or administrator reside, receive care or treatment and, because of their mental or physical condition, require access to 24-hour nursing services, including limited nursing care, intermediate level nursing care and skilled nursing services. “Nursing home” does not include any of the following: (c) A convent or facility owned or operated exclusively by and for members of a religious order that provides reception and care or treatment of an individual. (d) A hospice, as defined in s. 50.90 (1), that directly provides inpatient care. (e) A residential care apartment complex. (4) “Nursing home administrator” has the meaning assigned in s. 456.01 (3). (4m) “Operator” means any person licensed or required to be licensed under s. 50.03 (1) or a person who operates an adult family home that is licensed under s. 50.033 (1m) (b). (4o) “Personal care” means assistance with the activities of daily living, such as eating, dressing, bathing and ambulation, but does not include nursing care. (4r) “Plan of correction” means a nursing home’s response to alleged deficiencies cited by the department on forms provided by the department. (5m) “Recuperative care” means care anticipated to be provided in a nursing home for a period of 90 days or less for a resident whose physician has certified that he or she is convalescing or recuperating from an illness or medical treatment. (5r) “Registered nurse” means a registered nurse who is licensed under s. 441.06 or permitted under s. 441.08 or who holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.51 (2) (k). (6) “Resident” means a person who is cared for or treated in and is not discharged from a nursing home, community-based residential facility or adult family home, irrespective of how admitted. (6d) “Residential care apartment complex” means a place where 5 or more adults reside that consists of independent apartments, each of which has an individual lockable entrance and exit, a kitchen, including a stove, and individual bathroom, sleeping and living areas, and that provides, to a person who resides in the place, not more than 28 hours per week of services that are supportive, personal and nursing services. “Residential care apartment complex” does not include a nursing home or a community-based residential facility, but may be physically part of a structure that is a nursing home or community-based residential facility. In this subsection, “stove” means a cooking appliance that is a microwave oven of at least 1,000 watts or that consists of burners and an oven. (6g) “Respite care” means care anticipated to be provided in a nursing home for a period of 28 days or less for the purpose of temporarily relieving a family member or other caregiver from his or her daily caregiving duties. (6r) “Short-term care” means recuperative care or respite care provided in a nursing home. (6v) “Skilled nursing services” means those services, to which all of the following apply, that are provided to a resident under a physician’s orders:
May 22, 2026, are designated by NOTES. (Published 5-22-26)
3
Updated 23-24 Wis. Stats.
(a) The services require the skills of and are provided directly by or under the supervision of a person whose licensed, registered, certified or permitted scope of practice is at least equivalent to that of a licensed practical nurse. (b) Any of the following circumstances exist: 1. The inherent complexity of a service prescribed for a resident is such that it can be safely and effectively performed only by or under the supervision of registered nurses or licensed practical nurses. 2. The full recovery or medical improvement of the resident is not possible, but the services are needed to prevent, to the extent possible, deterioration of the resident’s condition or to sustain current capacities of the resident. 3. Because of special medical complications, performing or supervising a service that is generally unskilled or observing the resident necessitates the use of a person whose licensed, registered, certified or permitted scope of practice is at least equivalent to that of a licensed practical nurse. (7) “Violation” means a failure to comply with any provision of this subchapter or administrative rule promulgated thereunder. An alleged deficiency in a nursing home reported in writing to the department by any of its authorized representatives shall not be deemed to be a violation until the department determines it is a violation by serving notice under s. 50.04 (4). If the facility contests the department determination, the facility shall be afforded the due process procedures in this subchapter. History: 1975 c. 413; 1977 c. 170, 418; 1979 c. 111; 1983 a. 189 s. 329 (18); 1985 a. 29, 276; 1985 a. 332 s. 251 (1); 1987 a. 127, 161; 1989 a. 31, 136, 199; 1991 a. 39; 1993 a. 327, 446, 491; 1995 a. 27; 1997 a. 13, 27, 156, 237; 1999 a. 22, 32; 2001 a. 74, 107; 2003 a. 33; 2005 a. 187; 2007 a. 20, 153; 2009 a. 28; 2011 a. 32, 70, 161; 2013 a. 20; 2013 a. 165 s. 114; 2015 a. 55; 2017 a. 135; 2021 a. 23; 2025 a. 17. Cross-reference: See s. 46.011 for definitions applicable to chs. 46, 48, 50, 51, 54, 55, and 58. Up to seven hours of nursing care may be provided by a community-based residential facility under sub. (1g). Hacker v. DHSS, 197 Wis. 2d 441, 541 N.W.2d 766 (1995), 93-1043. The department can constitutionally license and regulate community-based residential facilities that are operated by religious organizations and that are not exempt under sub. (1) [now sub. (1g)] or s. 50.03 (9). 71 Atty. Gen. 112.