Who Regulates and Inspects New York’s Nursing Homes?
New York is deeply committed to ensuring the well-being and quality of care for nursing home residents through a comprehensive regulatory framework. The state has implemented stringent regulations, oversight mechanisms, and quality improvement initiatives to monitor nursing home operations, enforce compliance with standards, and safeguard resident rights.
In this article, our New York nursing home abuse attorneys will explore how New York regulates its nursing homes, including the key regulatory bodies, licensing requirements, inspection processes, complaint investigations, and initiatives aimed at enhancing the overall quality of care.
If you suspect neglect inside a New York nursing home, call Senior Justice Law Firm today for assistance in investigating potential elder abuse: 646-969-5855. The consultation is always free.
New York State Department of Health (NYSDOH) and Licensing of New York’s Skilled Nursing Facilities
Nursing homes in the state of New York are licensed and regulated by The New York State Department of Health (NYSDOH). NYSDOH ensures compliance with New York regulations, as well as federal regulations.
Nursing homes must meet specific criteria related to staffing, resident care, safety standards, and quality measures to obtain and maintain their licenses with NYSDOH. In order to determine if a nursing home is in compliance with this criteria, surveys and inspections are regularly conducted. Oftentimes, a random, unannounced state survey comes to being because a family complains about the care received at a specific facility and reports that facility to the state.
Click here to learn more about you can report a nursing home in New York.
New York State and Federal Regulations
Nursing homes in New York are governed by both state and federal regulations.
State regulations, found in the New York Codes, Rules, and Regulations (NYCRR), provide detailed requirements for nursing home operations, including licensure, resident rights, staffing ratios, infection control, dietary services, and more.
Federal regulations are set and controlled by the Centers for Medicare and Medicaid Services (CMS). Since most of New York’s nursing homes accept Medicare, CMS is instrumental in setting nationwide standards for long term care. If a New York nursing home fails to meet these minimum CMS standards, they can lose Medicare funding.
Inspection and Survey Process for New York’s Nursing Homes
NYSDOH conducts regular inspections and surveys of nursing homes to assess compliance with regulations and the quality of care. The survey process evaluates various aspects of care, including resident rights, quality of life, nursing services, medication management, infection control, and facility environment. Trained surveyors interview residents, families, and staff, review records, and observe daily operations. Findings from these surveys determine compliance and may result in citations, fines, and necessary corrective actions.
Investigating Family Complaints, and Punishment for Negligent New York Nursing Homes
NYSDOH investigates complaints filed against nursing homes by families alleging neglect, abuse, or negligence. NYSDOH is responsible for maintaining resident safety and adequate facility staff numbers.
Complaints can be submitted by residents, families, staff members, or concerned individuals. The Department of Health investigates these complaints and either verifies the allegations, or does not find adequate evidence. Investigations include unannounced nursing home inspections, interviews with staff and other residents, and examining the relevant nursing home records. When violations are identified, the negligent nursing home may face fines, penalties, license revocation, or public citation.
Reporting a nursing home in New York is free, relatively easy, and crucial to expose elder abuse and neglect. If you suspect neglect, do not remain silent. As mentioned above, if you would like to report neglect to the State of New York, visit this link to report nursing home negligence in New York. If you need any assistance with registering a complaint, contact Senior Justice Law Firm today.
Common Injuries Highly Correlated with Nursing Home Abuse & Neglect
If your family member suffered any of these ‘red flag’ injuries, investigate the injury immediately.
- Pressure Sores
- Falls Resulting in Broken Bones
- Brain Bleeds
- Unexplained Broken Bones
- Significant Weight Loss
- Sepsis
- Amputation
- Choking Death
- Medication Mistakes
- Patient Wandering out of the Facility
- Sexual Assault & Abuse
- Physical Attacks
- Wheelchair Transfer Injuries
- Pneumonia
- Aspiration Pneumonia
- Infections
- Urinary Tract Infections
- Wrongful Death
Public Access to Nursing Home Citations and Deficiencies
New York understands that the public is entitled to view a nursing home’s prior deficiencies. Once a complaint is verified, the deficiency or citation is made public on both the NYSDOH website, and on Medicare’s nursing home compare website. No names are revealed (so your confidentiality is safe) but the underlying facts are stated, as well as the nursing home’s errors.
Help with New York Nursing Home Complaints
The state of New York offers a robust Department of Health agency, tasked with ensuring the safety, well-being, and rights of nursing home residents. However, the NYSDOH inspection processes and complaint investigations only work if diligent family members report suspicious injuries and unusual behavior. If you think a loved one was neglected inside a New York nursing home, report it immediately. This promotes a culture of accountability and continuous improvement in nursing homes throughout New York.
Free Case Consultation
At Senior Justice Law Firm, our sole focus is representing families in civil actions against negligent nursing homes and assisted living facilities. We have offices in New York City and in Rochester, and assist families throughout the State of New York.
If your loved one was injured, or killed, inside a New York healthcare facility, contact our compassionate and experienced lawyers right now. We provide completely free case consultations and, if we accept your case, we work on contingency fee. This means you do not make any out of pocket payments, ever. If we are successful in holding the nursing home accountable, we take 33.3% of the settlement or judgment as payment for our attorneys’ fees.
If your family member was injured or died under suspicious circumstances, contact Senior Justice Law Firm today to begin an investigation. You deserve answers. You deserve justice. Learn more about your rights under New York law today. Call us at 646-969-5855, submit your case facts below, or live chat with our office now.
