How to File a Complaint Against a Nursing Home in NY

You can file a complaint with the New York State Department of Health (NYSDOH) online at its Health Commerce System portal, by calling the toll-free complaint hotline at 1-888-201-4563, or by mailing a written complaint to the NYSDOH Office of Health Systems Management. Complaints can be made anonymously, and the DOH is required to investigate all allegations of abuse, neglect, or substandard care at licensed facilities.

The New York State Department of Health is the primary agency responsible for investigating complaints against licensed nursing homes and adult care facilities. For federally certified facilities, the DOH works in coordination with the Centers for Medicare and Medicaid Services (CMS). The Long Term Care Ombudsman Program is also available to help residents and families navigate the complaint process and advocate on their behalf.

Yes. Under NY Public Health Law §2801-d, nursing home residents have a private right of action against a facility that deprives them of any right or benefit established by federal or state law, regulation, or the facility’s own policies. A resident who prevails can recover actual damages, and the court may award attorney’s fees. This law applies to neglect, abuse, inadequate staffing, medication errors, and other violations of resident rights.

If a DOH investigation does not result in adequate corrective action, or if your loved one suffered serious injury or death, you should consult a New York nursing home abuse attorney. Filing a civil lawsuit under NY Public Health Law §2801-d allows you to pursue compensation independently of any regulatory outcome. An attorney can also help preserve evidence, obtain facility records, and assess whether federal nursing home reform law (OBRA 87) violations support additional claims.