2009 - 2010 LEGISLATURE
April 7, 2010 - Introduced by Senator Taylor, cosponsored by Representative
Barca. Referred to Committee on Judiciary, Corrections, Insurance,
Campaign Finance Reform, and Housing.
1An Act to create
895.449 of the statutes; relating to: nullifying certain
2arbitration agreements between a resident and a nursing home or similar care
Analysis by the Legislative Reference Bureau
Under current law, with few exceptions, contractual agreements that compel
parties to litigation to submit to arbitration to resolve all or part of the dispute
between the parties are enforceable.
Under this bill, contractual agreements that compel arbitration and that limit
the rights of a resident to bring a civil lawsuit or limit the remedies available to a
resident in a suit against a nursing home, adult family home, resident care
apartment complex, or community-based residential care facility are void as against
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB673, s. 1
895.449 of the statutes is created to read:
5895.449 Certain arbitration agreements void.
Any provision in a contract, 6
covenant, or agreement between a resident, or a person acting on behalf of the
resident, and a facility defined in s. 50.01 (1), (1d), (1g), or (3), 50.49 (1) (a), or 50.90 2
(1), that is made before the resident suffers injury or harm that compels arbitration 3
between the parties, and that limits or waives the right of the resident to bring a civil 4
action against the facility or that limits the resident's remedies in a civil action 5
against the facility, is void as against against public policy and shall not constitute 6
a defense in any action, suit, or proceeding.
(1) This act applies to contracts that are entered into before, on, or after the 9
effective date of this subsection.