How to File a Nursing Home Complaint in NY

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.

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.

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.

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.

If a crime has occurred or a resident is in immediate danger, call local law enforcement right away. You can also file a complaint with Adult Protective Services (APS) in the county where the facility is located, and with the NY Long-Term Care Ombudsman Program, which independently advocates for residents and investigates complaints at no cost.

You can report any concern involving resident care, safety, or rights, including physical abuse, sexual abuse, verbal or emotional abuse, neglect, improper medication, unsanitary conditions, unexplained falls, malnutrition, dehydration, and financial exploitation. New York nursing homes are licensed and regulated, and the DOH investigates alleged violations of state and federal standards.

Yes. The DOH and the Long-Term Care Ombudsman accept anonymous complaints and still investigate them, though giving your contact information helps investigators follow up. New York law prohibits nursing homes from retaliating against residents or family members who file complaints, and facilities found to have retaliated face additional penalties. If you later pursue a civil claim under §2801-d, you would need to identify yourself as a party to the lawsuit.

Under §2801-d, a resident or their family can recover compensatory damages for the harm suffered, and courts may also award attorney's fees and injunctive relief. Where the deprivation was willful or in reckless disregard of the resident's rights, the statute allows punitive damages of up to 25% of the compensatory award, a remedy not available in a standard negligence claim.

Nursing home neglect includes the failure to provide adequate nutrition, hydration, hygiene, medical care, or supervision. Common warning signs are unexplained weight loss, preventable bedsores, repeated falls, medication errors, and poor sanitation. Facilities licensed in New York are required by state regulation to meet minimum standards of care for every resident.

In the most serious cases, a facility that fails a DOH investigation can be decertified from the Medicare and Medicaid programs, on top of civil monetary penalties and corrective action plans.