Nursing home residents in New York have rights under federal law (42 CFR 483.10) and New York law (10 NYCRR 415.3 and Public Health Law 2803-c), including dignity, safe care, privacy, visitors of their choosing, a say in their care plan and, with limited exceptions, 30 days’ written notice before a discharge. To complain, use the nursing home’s grievance process, then call the Long Term Care Ombudsman at 1-855-582-6769 or the New York State Department of Health at 1-888-201-4563.
What rights does a nursing home resident have in New York?
Nursing homes that accept Medicare or Medicaid must follow federal rules, and every New York nursing home must follow state rules. CMS summarizes the federal rights in Your Rights and Protections as a Nursing Home Resident, and the rule itself is 42 CFR 483.10. These are the ones families use most.
| Right | What the rule says |
|---|---|
| Respect and choice | Treatment with dignity, and a choice of activities, schedule (including sleeping and waking times) and providers |
| A say in care | Take part in the care plan, ask for meetings and revisions, see the plan and be told in advance of changes |
| Information and records | Be told about their health in a language they understand; get access to records within 24 hours of a request (weekends and holidays excluded) |
| Freedom from abuse and restraints | No verbal, mental, sexual or physical abuse, and no restraints used for discipline or staff convenience |
| Visitors | Receive visitors of their choosing at the time of their choosing, subject to their own right to refuse and the rights of other residents |
| Money and belongings | Manage their own money, and have property protected from loss or theft; the home cannot require residents to deposit funds with it |
| Complaints | Voice grievances without reprisal, and expect prompt efforts to resolve them |
A resident can name a representative, who may exercise only the rights the resident delegates or a court assigns. Our guide to the living will, health care proxy and MOLST explains the documents that make those wishes clear.
What does New York add to the federal rules?
New York’s 10 NYCRR 415.3 and Public Health Law 2803-c overlap with the federal rules and add several protections of their own.
- Admission. A nursing home cannot require a third-party guarantee of payment, or a gift or donation as a condition of admission or continued stay. It cannot make a resident waive Medicare or Medicaid. It may ask a relative who controls the resident’s income or resources to sign a contract to pay from those funds, without personal financial liability.
- Records. Residents can inspect their records within 24 hours of a request and buy copies at the lower of the facility’s cost or 75 cents per page, and cannot be refused solely because they cannot pay.
- Complaints. Under the Public Health Law, a patient may present grievances on behalf of themselves or others. The law bars reprisals against a resident, employee or other person who complains or gives information to an ombudsman.
- Staffing. Per the Department of Health, every home must provide 3.5 hours of care per resident per day by nurse aides and nurses, including at least 2.2 hours from a certified nurse aide and 1.1 hours from a licensed nurse. Penalties can reach $2,000 per day.
State regulation also recognizes a right of action for damages for violations of a resident’s rights. Whether that applies to your family’s situation is a question for an elder law attorney.
What problems do families raise most often, and what do the rules say?
The same handful of concerns come up again and again. The rules below give you the language to use when you speak with the facility.
| Concern | What the rule says | What you can ask |
|---|---|---|
| Pressure injuries (bedsores) | Residents must get care consistent with professional standards to prevent pressure ulcers, and treatment to heal any they have, unless the ulcer was unavoidable (483.25) | What does the care plan say about skin checks, and who is responsible for them? |
| Falls | The environment must be as free of accident hazards as possible, with adequate supervision and assistive devices (483.25) | What changed in the care plan after the fall? Was the family told right away? |
| Medication errors | Error rates must be under 5 percent, residents must be free of significant errors and of unnecessary drugs (483.45) | Ask the nursing director, pharmacist or the doctor to review the medicines. Do not stop anything yourself. |
| Not enough staff | New York sets a minimum of 3.5 care hours per resident per day | How long do call bells go unanswered? What is the home’s staffing rating? |
| Billing | During a covered Medicare or Medicaid stay, the home cannot charge for nursing services, meals, activities, bathing help, incontinence supplies or basic laundry (483.10) | Ask for an itemized bill and the written list of what is charged |
Items such as a private room or a personal phone can be charged only if the resident requests them and is told the price first. For background on skin care, falls and medicines, see our pages on pressure sores, fall prevention and medication management.
How do you raise a concern or file a complaint step by step?
Start with the person closest to the problem, keep a record, and move up if it is not fixed. You can contact an outside agency at any point.
- Write it down. Note dates, times, names and what happened. Keep copies of letters and bills.
- Speak with the nurse or unit manager, then the administrator. Ask to review or change the care plan; residents have the right to request meetings and revisions.
- Use the formal grievance process. Every home must have a grievance official, accept oral or written grievances (even anonymous ones), and give a written decision that states whether the grievance was confirmed. Ask for the policy.
- Bring it to the resident or family council. Residents may organize groups, and homes must consider their recommendations and act promptly on grievances.
- Call the Long Term Care Ombudsman, 1-855-582-6769. Per its state website, ombudsmen investigate complaints, mediate with staff and refer problems to the Department of Health when they cannot resolve them.
- File with the Department of Health. Use the online complaint form, or call the hotline at 1-888-201-4563.
| Who | Best for | Contact |
|---|---|---|
| Nursing home grievance official | Fast fixes and written decisions | Name posted in the home; ask for the policy |
| Long Term Care Ombudsman | Advocacy on the resident’s behalf | 1-855-582-6769 |
| NYS Department of Health | Regulatory violations, abuse, neglect, discharge appeals | 1-888-201-4563, 24 hours a day; staffed 8:30 a.m. to 4:45 p.m. Monday to Friday |
| NYS Attorney General, Medicaid Fraud Control Unit | Abuse or neglect of residents | 1-800-771-7755 (TTY 1-800-788-9898) |
| 1-800-MEDICARE | Finding your state survey agency | 1-800-633-4227 (TTY 1-877-486-2048) |
| 911 | Immediate danger | Call first, then report |
The Department says complaints are confidential and can be made anonymously. It asks that complaints be submitted in writing on the form, and offers the hotline for people who cannot use it. If the investigation finds a violation, the home gets a citation and must submit a plan of correction. The Ombudsman needs the resident’s consent before acting on a complaint, so a family member who calls will be asked to involve the resident.
What if you suspect abuse, and does Adult Protective Services handle it?
Call 911 if someone is in immediate danger. Otherwise, CMS says to report suspected abuse or neglect to the nursing home, the family, the local Long Term Care Ombudsman or the State Survey Agency, which Medicare.gov says is usually part of the state health department. Under 42 CFR 483.12, staff must report a reasonable suspicion of a crime to the state and law enforcement within 2 hours if there was serious bodily injury, and within 24 hours if not, and the home must report its investigation results within 5 working days.
On Adult Protective Services, we found no New York source that gives APS a role in nursing homes. The Department of Health’s own guidance sends nursing home abuse reports to the Department, and the Ombudsman program says it does not perform APS investigations. The federal rule mentions APS only “where state law provides for jurisdiction” in long-term care facilities. If you are unsure, call the Department hotline and ask. Our elder abuse guide covers APS for older adults at home.
Can a nursing home make someone leave?
Only for specific reasons. Under 42 CFR 483.15, a facility may discharge or transfer a resident only if:
- the resident’s needs cannot be met there, for the resident’s welfare
- the resident’s health has improved and they no longer need the facility’s services
- the safety of others is endangered by the resident’s clinical or behavioral status
- the health of others would otherwise be endangered
- the resident has not paid, or had paid under Medicare or Medicaid, after reasonable notice
- the facility closes
The home must give written notice at least 30 days beforehand, with shorter notice in listed situations such as safety risks or urgent medical needs. The notice must state the reason, the effective date, where the resident is going, appeal rights and the Ombudsman’s contact details, and a copy goes to the Ombudsman. The resident can appeal to the Department of Health by phone at 1-888-201-4563, online, by mail or by fax, as described on the Department’s appeal page. While an appeal is pending, the home generally may not discharge the resident unless failing to do so would endanger someone’s health or safety.
This is separate from a Medicare notice that skilled coverage is ending, which has its own fast appeal to the quality improvement organization, due by noon the day before the end date on the notice, per Medicare.gov. See our guides to the Medicare appeal and skilled nursing coverage days.
How do you check a nursing home?
Check the public record before choosing, and again if a concern arises. Federal rules require homes to post the latest survey results and make three years of survey, certification and complaint reports available on request.
- Medicare Care Compare. The CMS Five-Star system gives each home an overall rating from 1 to 5 stars plus separate ratings for health inspections, staffing and quality measures. Search at medicare.gov/care-compare.
- NYS Health Profiles. The state’s nursing home profiles include inspection, complaint and enforcement reports.
- Visit and ask. The Department’s consumer guide lists what to look for in person. The Ombudsman program does not rate or recommend homes.
Our home care registry guide covers home care agencies only, not nursing homes.
Is a nursing home the only option?
Not always. The Department of Health notes that home care, adult day health care and other community services can be alternatives, though some people need the nursing a nursing home provides. Our comparison of home care versus a nursing home sets out the differences, and our guide to paying for a nursing home explains how Medicaid works. Medicare generally does not cover long-term stays unless skilled care is needed.
Planning care before a crisis: advice from our nurse director
Anna Klyauzova, RN, MSN, MPA, Director of Patient Services at ProLife Home Care, on what she sees in practice:
Please don’t wait for a hospital stay or a fall to start looking at Medicaid and home care programs. It is far easier to arrange safe care before things reach a crisis. Even a few hours of professional home care a week gives relatives time to rest.
We are a licensed home care agency in Brooklyn and Queens, licence #2572L001, New York State Department of Health. We are not a nursing home and cannot investigate complaints about one, but we can talk through home care options. Call (718) 232-2777 or use our contact page.
Rules and phone numbers change. Everything above was checked on 16 October 2026 against cms.gov, medicare.gov, health.ny.gov, ltcombudsman.ny.gov, ag.ny.gov and the federal and New York rules. This page is general information, not legal or medical advice. For your own situation, talk to the Ombudsman or an elder law attorney.
Frequently asked questions
What rights does a nursing home resident have in New York?
Residents have the right to dignity and respect, safe and appropriate care, a say in their care plan, privacy, visitors, control of their money, freedom from abuse and restraints, and a prompt response to complaints without reprisal. These come from 42 CFR 483.10, 10 NYCRR 415.3 and Public Health Law 2803-c.
How do I file a complaint against a nursing home in New York?
Use the Department of Health’s online Nursing Home Complaint Form, or call 1-888-201-4563, which takes calls 24 hours a day. Complaints are confidential and can be anonymous. You can also contact the Long Term Care Ombudsman at 1-855-582-6769.
Can a nursing home retaliate against a resident who complains?
No. Federal rules say residents may exercise their rights without interference, coercion, discrimination or reprisal, and New York Public Health Law bars retaliation against a resident, employee or other person who complains or gives information to an ombudsman. If you think it is happening, report it to the Ombudsman or the Department.
Can a nursing home discharge a resident because Medicaid is pending?
CMS says a nursing home cannot make a resident leave while waiting to get Medicaid. A facility may discharge for nonpayment only after reasonable notice and if it was not paid by the resident or by Medicare or Medicaid. If you receive a notice, the resident may appeal to the Department of Health.
Is the Ombudsman the same as the Department of Health?
No. The Ombudsman advocates for residents and works with the resident’s consent. It does not do licensing inspections or regulatory investigations. The Department does, and it can cite the home, so serious problems can be reported to both.
Can a nursing home require a family member to guarantee payment?
Not as a condition of admission or continued stay. New York regulation bars a third-party guarantee. The home may ask someone who controls the resident’s income or resources to sign a contract to pay from those funds, without personal financial liability.
Can family visit a nursing home resident at any time?
Federal rules give residents the right to receive visitors of their choosing at the time of their choosing, subject to the resident’s right to refuse and the rights of other residents. Immediate family must have immediate access unless the resident withholds consent. Ask for the home’s written visitation policy.
