Nursing Home Abuse in New York

New York Nursing Home Laws and Regulations

Like other states, New York has gone above and beyond the laws that the federal government has put forth for regulating nursing homes. That’s because the state is making an attempt to quell the all too common problem of nursing home abuse and neglect. If you have a loved one in a nursing home or if you are an older individual who is considering a facility for yourself, it is vital that you understand New York nursing home laws and regulations.

Resident Rights

To begin with, the state of New York has created a governing document called “Your Rights as a Nursing Home Resident in New York State and Nursing Home Responsibilities.” You actually always have access to this document so that you are aware of how you should be treated at a nursing home. You can find the full document at www.health.ny.gov where you will also be able to locate a full list of New York nursing home laws and regulations. The basics of these state rights include:

• You have the right to a comfortable living environment where you can live in dignity and respect.
• You have the right to quality care without any form of discrimination.
• You have the right to make your own decisions about your medical and personal care.
• You have the right to protect your own money and personal property.
• You have the right to protected admission, transfer, and discharge in nursing facilities.
• You have the right to private communications with your doctors, friends, and family.
• You have the right to participate in activities that you choose within the organization.
• You have the right to access a complaint procedure within the facility.
• You have the right to exercise those rights without fear of punishment.

If any of these rights is infringed on, then you have a complaint to be made. This is true if you have a loved one in a nursing facility as well.

Filing Complaints

New York nursing home laws and regulations have an extensive plan for handling complaints and concerns about nursing home abuse and neglect. They offer several different methods of reporting complaints. These include:

• The Nursing Home Complaint Online Form, provided by the State of New York, Department of Health. You can fill this form out here and submit it directly online.
• The Nursing Home Complaint Dedicated Hotline at 1-888-201-4563. This number is available 24 hours a day and seven days a week. It is manned from 8:30 AM to 4:45 PM, Monday through Friday, and voicemail is available at all other hours.
• If nursing home staff see the abuse or neglect, they can submit the Incident Reporting Form through the Health Commerce System.

All complaints that are reported to the Centralized Complaint Intake Unit and action is taken as needed. The unit will generally conduct interviews with the patient, the loved ones, and the nursing home staff. Additionally, they will review records and documentation and take action if it is required. According to New York nursing home laws and regulations, all nursing homes must meet both state and federal statutes or they will be fined or even shut down until regulations are then met.

New York nursing home laws and regulations are in place to protect the patient. That’s why the state has created patient rights and provides an easy way to voice concerns about patient care. New York nursing home laws and regulations will ensure that your loved one is properly looked after, but if there is a concern, then contact the proper authorities. If your loved one has been abused or neglected, you may also wish to contact an attorney.

Resources:

https://www.health.ny.gov/facilities/nursing/rights/

https://apps.health.ny.gov/nursing_homes/complaint_form/complain.action

https://www.health.ny.gov/facilities/nursing/complaints.htm