Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Who do I report a nursing home to in New York?
File a complaint with the New York State Department of Health (NYSDOH), which licenses and oversees all nursing homes in the state. You can submit your complaint online at the NYSDOH website, by calling the toll-free hotline at 1-888-201-4563, or by mailing a written complaint to the NYSDOH. For immediate emergencies, contact local law enforcement as well.
What rights do I have under NY Public Health Law §2801-d?
NY Public Health Law §2801-d gives nursing home residents a private right of action when a facility deprives them of any right or benefit established under federal or state law. This means you can sue the nursing home directly for neglect or abuse without waiting for a state investigation to conclude. Damages can include compensation for physical and emotional harm caused by the facility’s failures.
What happens after I file a complaint with the NY Department of Health?
The NYSDOH reviews your complaint and determines whether to conduct an on-site inspection or investigation. If violations are confirmed, the state can issue citations, impose fines, require a corrective action plan, or in serious cases seek to revoke the facility’s operating license. Substantiated complaints become part of the facility’s public inspection record on the CMS Care Compare website.
Can I file a complaint and also sue the nursing home?
Yes. Filing a state complaint and pursuing a civil lawsuit are independent actions you can take simultaneously. A state investigation may uncover evidence that supports your legal case, but you do not need to wait for it to file suit. Under NY Public Health Law §2801-d, residents and their families can bring a private lawsuit seeking compensation for injuries caused by neglect, abuse, or deprivation of rights.