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How do I make a complaint inside the nursing home?

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)

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.