Wisconsin Statutes 50.10 – Private cause of action
Current as of: 2023 | Check for updates
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Terms Used In Wisconsin Statutes 50.10
- 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. See Wisconsin Statutes 50.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Personal care: means assistance with the activities of daily living, such as eating, dressing, bathing and ambulation, but does not include nursing care. See Wisconsin Statutes 50.01
(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.