Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Where do you file a nursing home complaint in New York?
You can file a complaint with the New York State Department of Health (DOH) by calling 1-888-201-4563 or submitting online at health.ny.gov. You can also contact the NY Long-Term Care Ombudsman Program, which advocates for residents of nursing homes and assisted living facilities. Filing with both agencies is permitted and can strengthen your case.
What does NY Public Health Law §2801-d mean for nursing home residents?
NY Public Health Law §2801-d gives nursing home residents a private right of action to sue a facility that deprives them of rights or benefits established under federal or state law. This means a resident — or their family on their behalf — can bring a civil lawsuit directly against the nursing home without waiting for a government agency to act. Damages can include compensation for the harm suffered as a result of the deprivation.
What happens after I file a complaint with the NY Department of Health?
The DOH investigates complaints against licensed nursing homes and can conduct unannounced on-site inspections. If violations are found, the facility may face fines, corrective action plans, or other sanctions. However, DOH investigations do not result in compensation to the resident — for financial recovery, a separate civil lawsuit is required.
Can I file a complaint and still sue the nursing home?
Yes. Filing a complaint with the DOH or Ombudsman does not prevent you from also pursuing a civil lawsuit under NY Public Health Law §2801-d or common law negligence. In fact, records from a DOH investigation — including inspection reports and findings of violations — can be valuable evidence in a civil case. Consulting a nursing home abuse attorney before the statute of limitations runs is strongly advised.