Does a nursing home have to tell the family when it reports an incident?

Federal rules require a nursing home to notify the resident’s representative and physician after a significant accident or injury or a significant change in condition. Ask the facility in writing whether it filed a report with the Department of Health and when.

Can I see the report the nursing home filed?

The facility’s internal reports are not always shared on request. The resident or an authorized representative is entitled to the medical record, which should reflect the incident, and the Department’s inspection findings are public once issued. A lawyer can seek the full investigation file in litigation.

What if the nursing home says the injury was “unavoidable”?

An unexplained injury still has to be reported, and the home still has to investigate. Ask what its investigation found, whether the care plan was followed, and whether the incident was reported to the Department.

Is it reportable if my parent was not hurt?

Often, yes. Abuse allegations, restraint use, repeated failures to follow the care plan, elopement and a resident found alone in a hazardous area are reportable even without injury.

Will reporting a concern cause problems for my loved one?

Retaliation against residents or anyone who reports is prohibited by state and federal law. If you see signs of retaliation, report that too, to the Department of Health and the Long Term Care Ombudsman Program at 1-855-582-6769.

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