(1)
Any person residing in a nursing home has an independent cause of action to correct conditions in the nursing home or acts or omissions by the nursing home or by the department, that:
(a)
The person alleges violate this subchapter or rules promulgated under this subchapter; and
(b)
The person alleges are foreseeably related to impairing the person's health, safety, personal care, rights or welfare.
(2)
Actions under this section are for mandamus against the department or for injunctive relief against either the nursing home or the department.
1981 c. 121
,
391
.
This section applies only to residents of a nursing home, which is different from a community based residential facility. Residents of community-based residential facilities do not have a private cause of action for statutory or administrative code violations. Farr v. Alternative Living Services, Inc.
2002 WI App 88
,
253 Wis. 2d 790
,
643 N.W.2d 841
,
01-0971
.
Wisconsin's private cause of action for nursing home residents. Bertrand. Wis. Law. Sep. 1989.
Protecting the Rights of Nursing Home Residents. Spitzer-Resnick. Wis. Law. May 1993.
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