50.10 Private cause of action.
(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.
History: 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. Sept. 1989.
Protecting the Rights of Nursing Home Residents. Spitzer-Resnick. Wis. Law. May 1993.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 50 - Uniform licensure.
50.02 - Department; powers and duties.
50.03 - Licensing, powers and duties.
50.032 - Certification of certain adult family homes.
50.033 - Licensure of certain adult family homes.
50.034 - Residential care apartment complexes.
50.035 - Special provisions relating to regulation of community-based residential facilities.
50.037 - Community-based residential facility licensing fees.
50.04 - Special provisions applying to licensing and regulation of nursing homes.
50.045 - Therapeutic alternate drug selections in nursing homes.
50.05 - Placement of monitor and appointment of receiver.
50.06 - Certain admissions to facilities.
50.065 - Criminal history and patient abuse record search.
50.08 - Informed consent for psychotropic medications.
50.085 - Visitation by family members.
50.09 - Rights of residents in certain facilities.
50.095 - Resident's right to know; nursing home reports.
50.098 - Appeals of transfers or discharges.
50.10 - Private cause of action.
50.12 - Waiver of federal requirements.
50.13 - Fees permitted for a workshop or seminar.
50.135 - Licensing and approval fees for inpatient health care facilities.
50.14 - Assessments on licensed beds.
50.32 - Hospital regulation and approval act.
50.35 - Application and approval.
50.37 - Notification to accrediting organization.
50.375 - Emergency contraception for sexual assault victims.
50.39 - Exemptions and enforcement.
50.49 - Licensing and regulation of home health agencies.
50.495 - Fees permitted for a workshop or seminar.
50.52 - Licensing procedure and requirements.
50.53 - Inspections and investigations.
50.55 - Penalties and remedies.
50.57 - Fees permitted for a workshop or seminar.
50.91 - Departmental powers and duties.
50.92 - Licensing requirements.
50.925 - Use of name or advertising prohibited.
50.94 - Admission to and care in a hospice for certain incapacitated persons.
50.942 - Accompaniment or visitation.