Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Who do you report a nursing home to in New York?
You can file a complaint with the New York State Department of Health at 1-888-201-4563 (available 24/7), the NYS Long-Term Care Ombudsman Program, or local law enforcement if a crime occurred. The DOH investigates complaints about conditions, staffing, and care quality at licensed nursing facilities throughout New York.
What is NY Public Health Law §2801-d and how does it protect nursing home residents?
NY Public Health Law §2801-d gives nursing home residents a private right of action against facilities that deprive them of rights or benefits guaranteed under state or federal law. This means a resident — or their family on their behalf — can sue the nursing home directly for damages without waiting for a government agency to act. It is one of the strongest resident-protection statutes in the country.
What happens after you file a complaint against a New York nursing home?
The NYS Department of Health is required to investigate complaints and may conduct an unannounced inspection of the facility. If violations are found, the DOH can issue citations, impose fines, require a corrective action plan, or in serious cases pursue license revocation. You should receive written notification of the investigation outcome.
Can you sue a nursing home in New York while a complaint is still pending?
Yes. Filing a complaint with the DOH or Ombudsman does not prevent you from pursuing a civil lawsuit at the same time. Under NY Public Health Law §2801-d and common-law negligence theories, residents and families can sue independently of any regulatory proceeding. An attorney can help you preserve evidence and meet filing deadlines while an agency investigation is ongoing.