Rights of residents in certain facilities – Wis. Stat. Ann. § 50.09

Rights of residents in certain facilities

Nursing home and community-based residential facility residents have the following rights:

• The right to "private and unrestricted communications" with all persons (e.g. family, doctor, lawyer).
• The right to present grievances
• The right to manage his/her own financial affairs unless the resident delegated such responsibility in writing
• The right to be fully informed in writing at time of admission of all services included in the rate and all services available at extra charge
• The right to be treated with courtesy, dignity and respect by all employees
• The right to physical and emotional privacy, including privacy with respect to health care (case discussion, consultation, examination and treatment) and confidentiality of health records.
• The right to share a room with their spouse or domestic partner.
• The right to "participate in activities of social, religious, and community groups"
• The right to be discharged or transferred and be given notice of any planned transfer/discharge
• The right to be free from abuse in any form
• The right to be fully informed of resident's treatment and care and to participate in planning of treatment and care

However, physicians or advanced practice nurse prescribers ("providers") may limit these rights due to medical concerns so long as they document the reasons in the resident's medical record. Medical concerns may not limit communications between a resident and their attorney or public officials.

Nursing home and community-based residential facility residents have the right to the confidentiality of their health and personal records. Nursing homes and community-based facilities may only disclose such records upon authorization of the resident or as required by law.

Nursing home and community-based residential facility residents have the right to remain free of chemical and physical restraints. However, providers may authorize, in writing, such restraints for a limited period of time so long as they document the use in the resident's medical record. Physical restraints may also be used in an emergency situation, but a provider must authorize any continuing use within 12 hours and must document the use in the resident's medical record.

Nursing home and community-based residential facility residents have the right to receive adequate care, choose their health care providers, be fully informed of their treatment, and be able to participate in their health care.