Nursing home residents in Milwaukee deserve to live in a safe environment, but they also deserve the right to retain their dignity and personal choices, such as smoking. When facilities fail to properly supervise residents who smoke or create unsafe smoking conditions, serious injuries can occur. Wisconsin nursing homes that allow smoking must follow specific safety protocols and provide adequate supervision for residents who choose to smoke.
At PKSD, our nursing home injury lawyers in Milwaukee have extensive experience and fully understand the complex regulations that govern smoking policies in Wisconsin care facilities. We have been representing the families of nursing home victims injured by nursing home negligence, including preventable smoking injuries, for decades.
Not sure if you have a case? This is something we can help you with at no cost to you. We offer a completely free consultation with a knowledgeable member of our legal team. This meeting gives you the opportunity to discuss your situation, ask questions, and learn what legal options you may have.
Schedule your free case review today. 414-333-3333.
What Are Wisconsin’s Smoking Laws for Nursing Homes?
Wisconsin’s Clean Indoor Air Act prohibits all smoking inside nursing home buildings. The law became effective July 5, 2010, and covers all Wisconsin long-term care facilities and nursing homes.
Under the law, smoking is defined as burning, holding, or inhaling or exhaling smoke from lighted cigars, cigarettes, pipes, or any other lighted smoking equipment containing tobacco.
Are Electronic Cigarettes Prohibited Under Wisconsin Law?
Wisconsin state law does not prohibit electronic cigarettes or include them in the smoking ban. However, each nursing home facility may develop its own policies banning or allowing e-cigarettes. Some facilities allow e-cigarette use indoors, while others restrict them to outdoor areas or ban them entirely.
Can Nursing Homes Ban Smoking for Residents in Wisconsin?
Wisconsin nursing homes have two legal options under state law. They may either allow smoking in designated outdoor areas, or they may ban smoking completely by designating their entire campus as non-smoking.
The law does not require nursing homes to allow smoking anywhere on their property. Milwaukee nursing homes must clearly communicate their smoking policies to all residents and families during the admissions process.
What Is the Grandfather Law for Nursing Home Residents Who Smoke?
Wisconsin protects existing nursing home residents when facilities change their smoking policies from initially allow smoking at their facility to fully banning it. Current smokers residing at the facility are considered grandfathered in for outdoor smoking since they were admitted to the facility while it was still allowed on the campus.
Federal guidance at 42 CFR 483.10(f)2 requires nursing homes that change smoking policies to “allow current residents who smoke to continue smoking in an area that maintains the quality of life for these residents.”
This means Milwaukee nursing homes that decide to become non-smoking campuses must still provide outdoor smoking areas for residents who were already living there when smoking was permitted. Only new residents admitted after the policy change date must follow the new non-smoking rules. The facility must provide written notice of policy changes to all current residents and obtain written confirmation that each resident received the notice.
Wisconsin nursing homes cannot simply eliminate smoking areas and force current smoking residents to quit. They must continue accommodating existing residents’ smoking needs while enforcing new policies for future admissions.
Are Nursing Homes Required to Provide Supervision for Residents Who Smoke?
Wisconsin nursing homes are required to provide supervision and help for residents who smoke. The level of assistance needed is based on a resident’s individual assessment and care plan needs. Under federal Quality of Care regulation 42 CFR 483.25, residents must be given a level of care that maintains their highest practicable physical, mental, and psychosocial well-being. The facility must ensure each resident’s environment remains as free of accident hazards as possible.
Milwaukee nursing homes must provide the level of supervision a resident needs to prevent them from being harmed. Staff, such as transporting residents to and from smoking areas, as needed. Residents who have been assessed as a wander risk may smoke, but must be carefully monitored in these areas.
Wisconsin nursing homes must take great care to ensure no residents smoke near an oxygen tank, regardless of whether the tank is running or shut off. Facilities who allow smoking on their campus can establish reasonable limitations on smoking assistance. Limitations may include time of day restrictions, weather conditions, frequency limits, and the type of assistance provided. However, residents may not lose their right to smoke simply because they need monitoring and staff assistance for safety.
Why Do Newer Smoking Laws Matter for Your Injury Claim?
These newer smoking laws set clear legal standards that Milwaukee nursing homes must follow. They also create measurable standards for what constitutes proper care. This means they cannot claim they were unaware of their responsibilities. The law clearly defines a nursing home’s duty to:
- Assess residents
- Provide required supervision to residents who smoke
- Maintain accident-free environments
When facilities violate these specific requirements, it strengthens your injury claim by establishing a clear breach of legal duty. The law requires nursing homes to develop written smoking policies, provide adequate supervision based on individual assessments, and maintain safe smoking environments.
How Federal Laws Protect Nursing Home Residents (Including Smokers)
These regulations create measurable standards for what constitutes proper care. If your loved one was injured because a nursing home failed to provide required supervision, did not follow their own written smoking policies, or allowed unsafe smoking conditions, they may liable for any resulting damages. Federal Quality of Care regulations and Wisconsin state laws establish that facilities must anticipate and prevent foreseeable smoking-related accidents.
Under these laws, Milwaukee nursing homes cannot claim they were unaware of their responsibilities.
Common Types of Smoking Negligence for Milwaukee Nursing Home Injury Claims
When it comes to smoking on campus, the law clearly defines the legal duties of nursing homes to assess residents, provide appropriate supervision, and maintain accident-free environments. Nursing homes that fail to meet their legal duty for residents who smoke may be liable for any damages that result.
Common types of negligence that may result in smoking-related injuries at nursing homes include:
- Inadequate supervision
- Failure to follow written policies
- Improper assessment of a resident’s smoking abilities
- Unsafe smoking areas
- Allowing smoking with or near oxygen tanks
- Not providing sufficient staff training
- Failure to monitor high-risk residents – including residents prone to wandering
- Improper equipment or materials, such as smoking-related safety devices
Warning Signs of Unsafe Smoking Practices at Your Loved One’s Nursing Home
When researching a nursing home for your loved one, there are several things to keep in mind and consider. If your family member is a smoker, for example, you will want to find a facility that allows residents to smoke and also follows safe practices.
Some warning flags that may indicate a facility is not properly equipped to protect residents who smoke includes:
- Facilities that allow residents to smoke unattended
- Residents smoking near oxygen equipment
- Inadequate smoking facilities provided
- Inconsistent policy enforcement – shows staff are not properly trained or policies are not followed
- Lack of emergency preparedness, such as no fire extinguishers nearby
- Poor maintenance of smoking areas, such as overflowing ashtrays
- Unsupervised access to smoking materials, including cigarettes, lighters, and matches
- No staff present while residents are smoking
Need Legal Help for a Nursing Home Smoking Injury? Why Call Our Milwaukee Law Firm Today
If your loved one suffered burn injuries because of unsafe smoking practices at a Milwaukee nursing home, you may be eligible to seek compensation on their behalf.
At PKSD, we are deeply committed to protecting elderly nursing home residents who have been injured by the negligence of nursing home facilities or their staff. We have the staff and resources to fully manage your case. Contact our law offices today for a free case review. We welcome your questions and can help you understand what legal options may be available to you.
When we represent you, there are no upfront costs or out-of-pocket fees to pay. We only get paid if you do.
Call today to speak to one of our attorneys: 414-333-3333.
