nursing home resident with staff member

What Rights Do Nursing Home Patients Have in NYS?

Updated May 1, 2024.

When a loved one is in the care of a nursing home, we expect the facility to treat them with the dignity and care they deserve. In fact, nursing home facilities in New York State are legally responsible for ensuring residents’ rights are upheld. When these rights are violated, injuries and other damages can result. Please continue reading to learn more about the rights of nursing home residents in New York. Contact a dedicated Rochester nursing home abuse lawyer if you believe your loved one has been harmed. Here are some of the questions you may have:

What Legal Protections Do Nursing Home Residents Have?

NYS law provides robust protections for nursing home patients. A cornerstone of these protections is the New York Public Health Law Section 2801-d. This legislation specifically aims to safeguard the rights of patients in residential healthcare facilities. It guarantees them the right to be treated with dignity and respect, free from any form of abuse or neglect.

What Are the Specific Rights of Nursing Home Residents?

Nursing home residents in New York are entitled to several rights. These rights ensure their well-being, dignity, and freedom while in care. Some of those rights are as follows:

  • Privacy in Treatment and Care: Confidentiality is paramount.
  • Freedom from Abuse and Neglect: Safety is a non-negotiable aspect of their care.
  • Autonomy in Daily Life: Choices regarding daily activities and schedules are respected.
  • Access to Medical Care: This includes the right to be informed about their medical condition and treatment options.
  • Right to Voice Grievances without Reprisal: Residents can openly communicate concerns.
  • Dignified Existence: Every resident deserves respect, regardless of their condition.

How Should Residents or Their Families Respond to Rights Violations?

Immediate action is essential when rights are infringed. Initially, concerns should be directed towards the nursing home’s administration. If satisfaction isn’t achieved, contact the New York State Nursing Home Complaint Hotline at 1-888-201-4563 and/or fill out a complaint form with the Department of Health, Nursing Home and ICF/IID Surveillance. They have the authority to investigate complaints and enforce regulations.

Additionally, legal action might be necessary, especially if the violation leads to injury or damages. Consulting with a personal injury lawyer experienced in nursing home law is advisable to explore legal remedies.

New York’s Public Health Law is designed to protect the most vulnerable. However, awareness and enforcement of these rights are paramount for them to be effective. If you or a loved one suspect a violation of these rights, prompt action can make a significant difference.

If you have further questions or believe you have valid grounds to take legal action against a negligent or abusive nursing home, please don’t hesitate to contact Lacy Katzen LLP today.


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