New York State has developed laws to regulate nursing homes that go far beyond what the federal government has mandated. Most states are aware that nursing home abuses and violations occur all too frequently and the incidence of abuse and negligence is on the rise.
If you or a loved one are considering placement in a nursing home facility, it is imperative that you know your rights as they relate to being a resident in a nursing home in New York State. Accordingly, New York has created a document entitled “Your Rights as a Nursing Home Resident in New York State and Nursing Home Responsibilities.” The full document can be found at www.health.ny.gov, and outlines the following rights.
Your Rights as a Nursing Home Resident
- You have the right to a comfortable living environment where you can live with respect and dignity.
- You have the right to quality care without discrimination of any kind.
- You have the right to make your own decisions about your care and medical treatment.
- You have the right to protect your money and personal property.
- You have the right to protected admission, transfer and discharge in the nursing home.
- You have the right to have private communications with doctors, families and friends.
- You have the right to participate, or not, in activities of your own choosing.
- You have the right to access a complaint procedure within the nursing home facility.
- You have the right to exercise any of the above rights without fear of reprisal or punishment.
New York has a system in place for handling concerns and complaints as they relate to nursing home facilities. There are several ways of reporting complaints, including:
- Filling out a complaint form online at the State of New York, Dept. of Health
- Calling the Nursing Home Complaint Dedicated Hotline at 888-201-4563
- Letting the nursing home staff know so they can submit an Incident Report form through the Health Commerce System.
If you suspect that your loved one is being abused or neglected in a nursing home, the two most important actions to take are removing the individual from the abuse or neglect immediately and contacting an experienced, skilled and knowledgeable nursing home abuse and neglect attorney, like the lawyers at Jacoby & Meyers, LLP NY, to handle your concerns.
We know exactly what to do and can help you get justice for yourself and your loved one. We have been helping our clients for over forty years and we can help you too.