How to File a Nursing Home Complaint in New York

File your complaint with the New York State Department of Health (NYSDOH) by calling the toll-free hotline at 1-888-201-4563, available 24 hours a day, or by submitting a complaint online at the NYSDOH website. The DOH investigates complaints of abuse, neglect, and substandard care at licensed nursing facilities statewide. You can also contact the Long-Term Care Ombudsman Program, which advocates for residents and can help document and escalate concerns.

You can file a complaint about any failure to provide adequate care, including physical or emotional abuse, medication errors, pressure ulcers, malnutrition, fall injuries, unsanitary conditions, or failure to follow a resident’s care plan. New York nursing homes are required by state and federal law to maintain standards covering safety, hygiene, staffing levels, and dignity of residents. Any deviation that causes or risks harm to a resident is grounds for a formal complaint.

Yes. Under New York Public Health Law §2801-d, nursing home residents have a private right of action to sue a facility for neglect, abuse, or deprivation of their rights. This statute allows injured residents or their families to seek compensatory damages — and in some cases additional damages — without needing to prove willful misconduct. Filing a complaint with the DOH and pursuing a civil lawsuit are separate processes and can be done at the same time.

A lawyer is not required to file a complaint with the NYS Department of Health or the Ombudsman, but if your loved one suffered serious injury, permanent harm, or death due to neglect or abuse, consulting a nursing home attorney is strongly advisable. A lawyer can investigate the facility’s inspection history, gather medical records, and file a civil lawsuit under NY Public Health Law §2801-d to recover damages that a regulatory complaint alone cannot provide.