If you or your loved one has been injured, neglected, abused, or mistreated in a New York nursing home, you may be thinking about bringing a legal action, or lawsuit, against the owners and operators of the nursing home to recover for compensatory damages (pain and suffering) and/or wrongful death.
It is important to know that New York nursing homes are regulated by state and federal statutes/regulations and laws. Nursing homes that accept payments from the federal government (via Medicare, for example), are regulated by various federal codes and regulations, which require that the nursing home provide residents with the highest quality of life possible. Federal laws also regulate and mandate to ensure that New York nursing homes have sufficient staffing, keep appropriate records, and have policies in place to prevent common problems in nursing homes such as bed sores, falls, accidents, fractures, choking, feeding tube issues, amongst many others.
In addition to the federal requirements, New York State has its own rules and regulations government nursing homes. For example:
Every patient shall have the right to receive adequate and appropriate medical care … P.H.L. § 2803-c(3)(e);
Every patient shall be free from mental and physical abuse and from physical and chemical restraints … P.H.L. § 2803-c(3)(h);
The facility must ensure that the residents’ environment remains as free of accident hazards as is possible, and that the residents receive adequate supervision and assistive devices to prevent accidents … 10 NYCRR 415.12(h)(1) and (2) & 42 C.F.R. § 483.25(d);
Residents’ care must be properly supervised by a physician … 42 CFR 483.30;
The facility must ensure the resident maintains acceptable parameters of nutritional status. 10 NYCRR 415.12(i)(1) & 42 C.F.R. § 483.25(i);
The facility must provide each resident with sufficient fluid intake to maintain proper hydration and health. 10 NYCRR 415.12(j) & 42 C.F.R. § 483.25(j);
The facility must ensure a resident’s abilities in activities of daily living do not diminish, the resident’s ability to bathe, dress, groom, transfer, ambulate, toilet, eat and use speech. 10 NYCRR 415.12(a)(1) & 42 C.F.R. § 483.25(a)(1);
The facility must ensure a resident does not experience reduction in range of motion, and if the resident has limited range of motion the resident receives appropriate treatment and services to increase range of motion and prevent further decrease in range of motion. 10 NYCRR 415.12(a)(1) & 42 C.F.R. § 483.25(a)(1);
The facility must provide the necessary care and services to attain or maintain the highest practicable physical, mental and psychosocial well-being, in accordance with the comprehensive assessment and plan of care. 10 NYCRR 415.12 & 42 C.F.R. § 483.25;
The facility must have sufficient nursing staff to provide the nursing and related services referenced in the above list. 10 NYCRR 415.13 & 42 C.F.R. § 483.30.
Finally, the Public Health Law and New York regulations applicable to nursing homes recognize that mismanagement of a nursing home and insufficient nursing staff can result in a nursing home’s inability to provide residents with the services required above, resulting in resident neglect and serious physical injury or death. Section 415. 26 of the Compilation of Codes Rules and Regulations of the State of New York requires “a nursing home [to be] administered in a manner that enables it to use its resources effectively and efficiently to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident.” 10 NYCRR 415.26 [emphasis added].
The website Propublica gathered various deficiencies issued to New York State nursing homes over the last three years, as detailed below:
NURSING HOME DEFICIENCY REPORTS
Nursing Home Name ~ City ~ Serious Deficiencies ~ Fines ~ Payment ~Suspensions ~ Total Deficiencies
A Holly Patterson Extended Care Facility Uniondale 0 10 Aaron Manor Rehabilitation And Nursing Center Fairport 0 6 Absolut Ctr For Nursing & Rehab Allegany L L C Allegany 0 5 Absolut Ctr For Nursing & Rehab Aurora Park L L C East Aurora 0 27 Absolut Ctr For Nursing & Rehab Endicott L L C Endicott 0 48 Absolut Ctr For Nursing & Rehab Gasport L L C Gasport 0 17 Absolut Ctr For Nursing & Rehab Orchard Park L L C Orchard Park 0 41 Absolut Ctr For Nursing & Rehab Three Rivers L L C Painted Post 0 14 Absolut Ctr For Nursing & Rehab Westfield L L C Westfield 0 30 Acadia Center For Nursing And Rehabilitation Riverhead 0 9 Achieve Rehab And Nursing Facility Liberty 0 6 Adira At Riverside Rehabilitation And Nursing Yonkers 0 17 Affinity Skilled Living And Rehabilitation Center Oakdale 0 22 Albany County Nursing Home Albany 0 42 Alice Hyde Medical Center Malone 0 21 Alpine Rehabilitation And Nursing Center Little Falls 0 17 Amsterdam Nursing Home Corp (1992) New York 0 $3,250 8 Andrus On Hudson Hastings On Hudson 0 4 Apex Rehabilitation & Care Center Huntington Station 0 17 Atrium Center For Rehabilitation And Nursing Brooklyn 0 2 Auburn Rehabilitation & Nursing Center Auburn 0 41 Aurelia Osborn Fox Memorial Hospital Oneonta 3 22 Autumn View Health Care Facility L L C Hamburg 0 7 Avon Nursing Home L L C Avon 0 24 Bainbridge Nursing & Rehabilitation Center Bronx 0 4 Baird Nursing Home L L C Rochester 0 21 Baptist Health Nursing And Rehabilitation Center Scotia 0 $71,806 24 Batavia Health Care Center, Llc Batavia 0 $24,402 23 Bay Park Center For Nursing And Rehab L L C Bronx 0 14 Bayberry Nursing Home New Rochelle 0 7 Beach Gardens Rehab And Nursing Center Far Rockaway 0 11 Beach Terrace Care Center Long Beach 0 10 Beacon Rehabilitation And Nursing Center Rockaway Park 0 2 Bedford Center For Nursing And Rehabilitation Brooklyn 0 10 Beechtree Center For Rehabilitation And Nursing Ithaca 0 $2,706 42 Beechwood Homes Getzville 0 20 Belair Care Center Inc Bellmore 0 12 Bellhaven Center For Rehab And Nursing Care Brookhaven 0 17 Bensonhurst Center For Rehab And Healthcare Brooklyn 0 0 Berkshire Nursing & Rehabilitation Center West Babylon 0 14 Beth Abraham Center For Rehabilitation And Nursing Bronx 0 10 Bethany Gardens Skilled Living Center Rome 0 36 Bethany Nursing Home & Health Related Facility Inc Horseheads 0 20 Bethel Nursing & Rehabilitation Center Croton On Hudson 0 15 Bethel Nursing Home Company Inc Ossining 0 6 Bethlehem Commons Care Center Delmar 3 $29,188 28 Betsy Ross Rehabilitation Center, Inc Rome 0 26 Bezalel Rehabilitation And Nursing Center Far Rockaway 0 8 Bishop Rehabilitation And Nursing Center Syracuse 0 $174,913 73 Boro Park Center For Rehabilitation And Healthcare Brooklyn 0 9 Briarcliff Manor Center For Rehab And Nursing Care Briarcliff Manor 0 18 Bridge View Nursing Home Whitestone 0 24 Bridgewater Center For Rehab & Nursing L L C Binghamton 0 28 Brighton Manor Rochester 1 $36,344 37 Bronx Center For Rehabilitation & Health Care Bronx 0 14 Bronx Gardens Rehabilitation And Nursing Center Bronx 0 15 Bronx Park Rehabilitation & Nursing Center Bronx 0 5 Bronxcare Special Care Center Bronx 0 3 Brookhaven Health Care Facility L L C East Patchogue 0 7 Brookhaven Rehab & Health Care Center L L C Far Rockaway 0 15 Brooklyn Ctr For Rehab And Residential Health Care Brooklyn 0 10 Brooklyn Gardens Nursing & Rehabilitation Center Brooklyn 0 14 Brooklyn Queens Nursing Home Brooklyn 0 7 Brooklyn United Methodist Church Home Brooklyn 0 4 Brookside Multicare Nursing Center Smithtown 0 $6,893 28 Brothers Of Mercy Nursing & Rehabilitation Center Clarence 0 1
7 Buena Vida Continuing Care & Rehab Center Brooklyn 0 7 Buffalo Center For Rehabilitation And Nursing Buffalo 0 60 Buffalo Community Healthcare Center Buffalo 3 $84,647 1
56 Bushwick Center For Rehabilitation And Health Care Brooklyn 0 9 Campbell Hall Rehabilitation Center Inc Campbell Hall 0 24 Canterbury Woods Williamsville 0 9 Capstone Center For Rehabilitation And Nursing Amsterdam 0 18 Carillon Nursing And Rehabilitation Center Huntington 0 12 Caring Family Nursing And Rehabilitation Center Far Rockaway 0 7 Carmel Richmond Healthcare And Rehab Center Staten Island 0 2 Carthage Center For Rehabilitation And Nursing Carthage 0 20 Casa Promesa Bronx 0 2 Caton Park Rehab And Nursing Center, L L C Brooklyn 0 1 Catskill Regional Medical Center Harris 0 4 Cayuga Ridge Extended Care Ithaca 0 $92,555 58 Cedar Manor Nursing & Rehabilitation Center Ossining 0 6 Central Island Healthcare Plainview 0 16 Central Park Rehabilitation And Nursing Center Syracuse 0 14 Champlain Valley Physicians Hosp Med Ctr S N F Plattsburgh 0 17 Chapin Home For The Aging Jamaica 0 1 Charles T Sitrin Health Care Center Inc New Hartford 0 10 Chasehealth Rehab And Residential Care New Berlin 0 20 Chautauqua Nursing And Rehabilitation Ceneter Dunkirk 0 19 Chemung County Health Center - Nursing Facility Elmira 0 23 Chenango Memorial Hospital Inc S N F Norwich 0 14 Chestnut Park Rehabilitation And Nursing Center Oneonta 0 24 Church Home Of The Protestant Episcopal Church Rochester 0 19 Cliffside Rehab & Residential Health Care Center Flushing 0 8 Clifton Springs Hospital And Clinic Extended Care Clifton Springs 0 12 Clinton County Nursing Home Plattsburgh 0 16 Clove Lakes Health Care And Rehab Center, Inc Staten Island 0 4 Cobble Hill Health Center Inc Brooklyn 0 2 Cold Spring Hills Center For Nursing And Rehab Woodbury 0 28 Coler Rehabilitation And Nursing Care Center Roosevelt Island 0 8 Colonial Park Rehabilitation And Nursing Center Rome 0 21 Comprehensive Rehab & Nursing Ctr At Williamsville Williamsville 0 69 Concord Nursing And Rehabilitation Center Brooklyn 0 14 Concourse Rehabilitation And Nursing Center Inc Bronx 0 6 Conesus Lake Nursing Home Livonia 0 $11,405 15 Cooperstown Center For Rehabilitation And Nursing Cooperstown 3 $21,459 1
45 Corning Center For Rehabilitation And Healthcare Corning 0 34 Cortland Park Rehabilitation And Nursing Center Cortland 0 13 Cortland Regional Nursing And Rehabilitation Ctr Cortland 0 14 Cortlandt Healthcare Cortlandt Manor 0 10 Creekview Nursing And Rehab Center Rochester 0 $6,893 1
65 Crest Manor Living And Rehabilitation Center Fairport 0 18 Crouse Community Center Inc Morrisville 0 12 Crown Heights Center For Nursing And Rehab Brooklyn 0 14 Crown Park Rehabilitation And Nursing Center Cortland 0 $11,053 40 Cuba Memorial Hospital Inc S N F Cuba 0 41 Cypress Garden Center For Nursing And Rehab Flushing 0 6 Daleview Care Center East Farmingdale 0 8 Daughters Of Sarah Nursing Center Albany 0 19 Degraff Memorial Hospital-Skilled Nursing Facility North Tonawanda 0 21 Delhi Rehabilitation And Nursing Center Delhi 0 4 Diamond Hill Nursing And Rehabilitation Center Troy 6 $3,250 1
29 Ditmas Park Care Center Brooklyn 0 4 Downtown Brooklyn Nursing & Rehabilitation Center Brooklyn 0 4 Dr Susan Smith Mckinney Nursing And Rehab Center Brooklyn 0 6 Dry Harbor Nursing Home Middle Village 0 5 Dumont Center For Rehabilitation And Nursing Care New Rochelle 0 9 Dunkirk Rehabilitation & Nursing Center Dunkirk 0 13 East Haven Nursing & Rehabilitation Center Bronx 0 10 East Neck Nursing & Rehabilitation Center West Babylon 0 7 East Side Nursing Home Warsaw 0 9 Eastchester Rehabilitation And Health Care Center Bronx 0 11 Eddy Heritage House Nursing And Rehabilitation Ctr Troy 0