(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.