Nursing Homes: Rules and Regulations

According to Wis. Stat. § 50.01(3), a nursing home is a place where five or more people who are not related to the operator:

• Reside.
• Receive care or treatment for their physical or mental health.
• Need access to 24-hour nursing services, including limited nursing care, intermediate-level nursing care, and skilled nursing services.

A nursing home is not:

• A convent or facility owned or operated by members of a religious order.
• A hospice, as defined in s.50.90 (1), that directly provides inpatient care.
• A residential care apartment complex.

State regulations

• Wisconsin Admin. Code ch. DHS 132
• Wisconsin Stat. ch. 50
• Also see Caregiver Program/Background Checks

Federal regulations

• 42 CFR 483.5, 42 CFR 483.10 through 483.75
• CMS (Centers for Medicare & Medicaid Services)—State Operations Manual Appendix PP (PDF)

Waiver and variance requests

To submit a request, see Waivers and Variances: Long-Term Care.

If you have questions about the waiver or variance process, contact Elizabeth Laubenstein:

• Email elizabeth.laubenstein@dhs.wisconsin.gov.
• Call 608-266-2966.