• LEITNER VARUGHESE NURSING HOME LAWYERS

New York Nursing Home Complaint Resources


If you believe that your loved one has been abused or neglected in a nursing home in New York State, you can report the nursing hoe to the New York State Department of Health, which is responsible for investigating complaints and incidents related to State and/or Federal regulatory violations. Following are instructions for filing complaints:

  • The New York State Department of Health, Division of Nursing Home and ICF/IID Surveillance is responsible for investigating complaints about resident abuse, neglect, mistreatment and incidents occurring in nursing homes in New York State that are related to a State and/or Federal regulatory violation.

  • Anyone can file a complaint against a Nursing Home. All complaints are confidential and can be made anonymously. Due to HIPPA regulations, the department is restricted from releasing patient protected information regarding a complaint case. It is advisable to have one designated representative when filing a complaint on behalf of the family or a group of individuals since only the person who files the complaint will receive correspondences from the Nursing Home Complaint Program.

  • You may submit this form multiple ways:

  • Call the Nursing Home Complaint Hotline at 1-888-201-4563

  • Fill out the online Nursing Home Complaint Form located below.

  • Print out the Nursing Home Complaint Form [ PDF ]

  • Mail to:

NYSDOH DRS/SNHCP MAILSTOP: CA/LTC EMPIRE STATE PLAZA ALBANY, NEW YORK 12237

  • Fax the Complaint form: 518-408-1157

  • Scan the form and E-mail to: nhintake@health.state.ny.us

  • Complaints will be accepted if the occurrence is within the past year of the submission of your complaint to the NYS Department of Health.

In order to process your complaint in a timely manner, please:

  • Type or Print clearly

  • Complete form in its entirety, including your contact information

  • Include any names and phone numbers with whom you have already filed a complaint with.

  • Attach copies of paper materials that support your concern (No originals please)

All complaints received about nursing homes are reviewed by the Department through the Centralized Complaint Intake Unit and appropriate action is taken. If you choose to provide your contact information, the Centralized Complaint Intake Unit will send you a letter which will acknowledge receipt of your complaint and provide information regarding how your complaint will be handled.

Should you have questions, please contact the Centralized Complaint Intake Program at 1-888-201-4563, Monday through Friday 8:30am - 4:45pm, excluding holidays.

*** This form is for Nursing Home complaints only. Complaints about Adult homes and Assisted Living facilities can be reported to the intake program at: 1 866 893 6772 ***

INCIDENT REPORTING

Nursing homes also have duties and responsibilities with regard to reporting incidents.

The Division of Residential Services introduces a new electronic Incident Reporting Form, which will allow nursing homes to report their incidents through the Health Commerce System (HCS). The new electronic Incident Reporting Form will replace the previous method of reporting incidents occurring at the nursing home using the nursing home hotline. Facilities will be required to report their incidents effective October 17, 2011 using the new Incident Reporting Form available on the HCS.

Federal regulations (42 CFR 483.13), and state regulations (10NYCRR 415.4) require the reporting of alleged violations of abuse, mistreatment and neglect, including injuries of unknown origin, immediately to the facility administrator and in accordance with state law, to the Department of Health. In addition, Federal regulations require that alleged violations of misappropriation of resident property be reported. CMS has defined 'immediately' as, "as soon as possible, but not to exceed 24 hours after the discovery of the incident". NYS Public Health Law (PHL) Section 2803-d requires the reporting of abuse, mistreatment or neglect immediately to the Department upon having "reasonable cause" to believe that abuse, neglect, or mistreatment has occurred. Department regulations at section 81.1(d) (10NYCRR section 81.1(d)) defines "reasonable cause" to mean that upon a review of the circumstances, there is sufficient evidence for a prudent person to believe that physical abuse, mistreatment or neglect has occurred.

Federal and State regulations (42 CFR 483.10(f) and 42 CFR 483.13(c) and 10NYCRR 415.4(b)(2)(3)(4), 415.26(b)(6)) require that providers investigate incidents and complaints. The results of an investigation of abuse, mistreatment, neglect or misappropriation of resident property must be reported both to the administrator (or designees) and to other officials (including the Department of Health) within 5 working days of the incident (42CFR 483.13(c)(4)). An allegation, as previously stated, must be reported immediately to the Department when meeting the reasonable cause standard.

The Department has provided an Incident Reporting Manual to further clarify the reporting requirements, and help ensure that facilities are only reporting incidents required under State and Federal regulations. The manual provides a list of reportable incidents that shall be reported via the HCS. The Department's requirements for reporting incidents are consistent with past reporting requirements.

See INCIDENT REPORTING MANUAL

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The information you obtain on this site is not, nor is it intended to be, legal advice.  You should consult an attorney for individual advice regarding your own situation.

*Prior results do not guarantee a similar outcome.  The Firm's attorneys acted as trial counsel, attorneys of record and/or otherwise facilitated in the recoveries of the stated verdict and settlements.  Certain verdicts and settlements achieved by trial counsel and/or outside counsel.  Attorney advertising.