Community Grievance Decision Digest

Access to Grievance Procedure

The decision summaries regarding this law may be found in the document:
  Community Grievance Decision Digest: Decisions. (PDF, 512KB)  

THE LAW:

Each patient shall... "Have the right to present grievances under the procedures established under sub. (5) on his or her own behalf or that of others to the staff or administrator of the treatment facility or community service provider without justifiable fear of reprisal and to communicate, subject to par. (p) [the right to make phone calls], with public officials or with any other person without justifiable fear of reprisal."

ss. 51.61 (1) (u), Wis. Stats. [Emphasis added.]

"The department shall establish procedures to assure protection of patients' rights guaranteed under this chapter..."

ss. 51.61 (5) (a), Wis. Stats. [Emphasis added.]

"(1) A patient or a person acting on behalf of a patient may file a grievance under s. DHS 94.29 procedures with the administrator of a facility or other service provider or with a staff member of the facility or other service provider without fear of reprisal and may communicate, subject to s. 51.61 (1) (p), Stats., [right to make phone calls] with any public official or any other person without fear of reprisal.

(2) No person may intentionally retaliate or discriminate against any patient, person acting on behalf of a patient or employee for contacting or providing information to any official or to an employee of any state protection and advocacy agency, or for initiating, participating in or testifying in a grievance procedure or in any action for any remedy authorized by law.

(3) No person may deprive a patient of the ability to seek redress for alleged violations of his or her rights by unreasonably precluding the patient from using the grievance procedure established under s. DHS 94.29 or from communicating, subject to any valid telephone or visitor restriction under s. DHS 94.05, with a court, government official, grievance investigator or staff member of a protection and advocacy agency or with legal counsel."

DHS 94.28, Wis. Admin. Code. [Emphasis added.]

"Failure of a treatment facility to comply with any provision of right under s.51.61, Stats., and this chapter may be processed as a grievance under s.51.61(5), Stats..."

DHS 94.29, Wis. Admin. Code. [Emphasis added.]

"No person who, in good faith, files a report with the appropriate examining board concerning the violation of rights under this section by persons licensed under ch. 441 [nurses], 446 [chiropractors], 450 [pharmacists], 455 [psychologists] or 456 [nursing home administrators], or who participates in an investigation of an allegation by the appropriate examining board, is liable for civil damages for the filing or participation."

ss. 51.61 (10), Wis. Stats. [Emphasis added.]

Last Updated: November 10, 2009