The short answer
Every nursing home must have a grievance policy and a grievance official responsible for handling complaints. You can file a grievance orally or in writing; writing is better. The facility must investigate, take corrective action, and give a written decision. Filing a grievance with the facility does not stop you from complaining to the Department of Health or the Ombudsman at the same time.
How to file
- Ask for the name of the grievance official (often the social worker or administrator).
- Put the complaint in writing: what happened, when, who was involved and what you want done.
- Keep a copy and note the date you delivered it.
- Ask for a written decision.
What the facility must do
- Investigate promptly and take action to prevent further problems while it investigates
- Report allegations of abuse, neglect, exploitation or injuries of unknown origin to the state
- Give a written decision that summarizes the complaint, the findings and the corrective action
- Not retaliate against the resident or the family
When to go outside the facility
For abuse, serious injury, or a problem the facility does not fix, file a complaint with the New York State Department of Health (1-888-201-4563) and contact the Ombudsman (1-855-582-6769). Ask for any grievances about the resident and the facility's written responses as part of the records request.
The rules behind this
- 42 C.F.R. § 483.10(j) (grievances)
- 42 C.F.R. § 483.12(c) (reporting)
Related questions
This guide provides general information, not medical or legal advice. Rules change; confirm current requirements with the facility, the New York State Department of Health or a professional. Attorney Advertising.