Care-facility inspections
How nursing homes and care facilities in New York are inspected, licensed, and held to account.
12 laws · 9 enforcement actions · 5 guides · 2 court decisions
See the details
The laws 12
- Public Health Law Article 28 (Hospitals) § 2801, Definitions — defines "hospital" (including nursing homes, residential health care facilities, and related facilities) for licensing purposes; nysenate.gov
- PHL 2803, Commissioner and council; powers and duties — requires the Commissioner to conduct at least one unannounced comprehensive inspection of each residential health care facility (nursing home) no later than 15 months after the prior i… nysenate.gov
- PHL 2803-c, Rights of patients in certain medical facilities — requires every nursing home and health-related-service facility to adopt, publicly post, and treat patients in accordance with a statement of patients' rights and responsibiliti… nysenate.gov
- PHL 2803-d, Reporting abuses of persons receiving care or services in residential health care facilities — mandates that nursing-home operators/employees, administrators, physicians, nurses, and other listed professionals report suspected r… nysenate.gov
- PHL 2806, Hospital operating certificates; suspension or revocation — authorizes the Commissioner to revoke, suspend, limit, or annul a hospital/nursing-home operating certificate for noncompliance, requires a hearing except in imminent-dan… nysenate.gov
- PHL 12, Violations of health laws or regulations; penalties and injunctions — the general civil-penalty schedule for Public Health Law/DOH-regulation violations: up to $2,000 per violation, up to $5,000 for a repeat violation within 12 mont… nysenate.gov
- PHL 2895-b (Article 28-D), Nursing home staffing levels — directs the Commissioner to establish, by regulation, nursing-home minimum-staffing standards and civil penalties for noncompliance, tied to the federal Payroll-Based Journal's repor… nysenate.gov
- PHL Article 46-B, Title 1, § 4651, Definitions — defines "assisted living"/"assisted living residence" (housing, on-site monitoring, and personal/home care services for five or more unrelated adult residents) and excludes residential health… nysenate.gov
- Social Services Law Article 7, Title 1, § 460, Declaration of policy and statement of purpose — declares residential care programs for adults a matter of vital state concern and assigns the department comprehensive responsibility for develo… nysenate.gov
- SSL Article 7, Title 2, § 461, Responsibility for standards — authorizes the department to promulgate fiscal, administrative, architectural, safety, nutritional, and program regulations for all adult care facilities subject to its inspectio… nysenate.gov
- SSL 460-d, Enforcement powers — authorizes the commissioner to investigate adult care facilities, issue corrective orders, and revoke, suspend, or limit an operating certificate for noncompliance (with a hearing, or without one for up to 60… nysenate.gov
- SSL 461-c, Resident care, services and charges — requires every ACF operator (except shelters for adults) to execute a written admission agreement with each resident detailing required charges, services, and department-regulated terms — a c… nysenate.gov
Know your rights 5
- NYSDOH's guide to reading its own Nursing Home Profile reports — the Facility Characteristics Report, Inspection Report, Complaint Summary Report, and Enforcement Summary Report — including the deficiency-category scheme used across those r… health.ny.gov
- NYSDOH Dear Administrator Letter (DAL 17-05) transmitting a plain-language Resident's Guide, for adult care facility/assisted living residents, explaining what to expect from a DOH inspection and how to raise concerns with surveyors. health.ny.gov
- NYSDOH's public guidance on how to file a nursing-home complaint — the written Nursing Home Complaint Form or the 24/7 hotline (1-888-201-4563) — distinguishing resident/public complaints from facility-reported incidents. health.ny.gov
- NYSDOH provider-facing training slides on minimum-staffing compliance reviews under PHL 2895-b and 10 NYCRR 415.13: the 3.5 HPRD standard (2.2 CNA + 1.1 licensed-nurse hours), the up-to-$2,000-per-day penalty, and the recognized mitigating/… health.ny.gov
- NYSDOH's explanation of the adult care facility license categories it supervises (adult homes, enriched housing, assisted living programs, residences for adults) and the population each is meant to serve. health.ny.gov
Enforcement actions 4
- NYSDOH's named-facility "Nursing Home Enforcement Listing" of PHL Section 12 civil-fine stipulations (facility name, county, survey date, stipulation date, fine amount); health.ny.gov
- NYSDOH's named-facility "Referral Suspension List" of adult care facilities that placement sources should not use, with the reason for each listing (e.g., certification suspended/Commissioner's Order to close, or temporary closure) — e.g. health.ny.gov
- NYSDOH's named-facility list of adult care facilities that have closed after license revocation or denial, or voluntary closure — e.g. Elijah House Canandaigua and Elijah House of Leicester, both listed "Reason: Involuntary Closure." health.ny.gov
- NYSDOH's quarterly "Adult Care Facilities Survey Report," listing every ACF inspection report issued statewide in the period (facility name, county, report-sent date, survey type, and violation category); health.ny.gov
Orders & settlements 5
- NYSDOH's self-published adoption text creating 10 NYCRR Chapter X, Part 1001 ("Assisted Living Residences") under PHL 4662 — the ALR licensing regulation covering applications, operating certificates, admission/retention services, and consu… health.ny.gov
- NYSDOH Dear Administrator Letter (DAL 18-16) reproducing an immediate amendment to 18 NYCRR §§ 487.4, 488.4, 489.7, 490.4 and 494.4 (adopted under SSL 460, 460-a–460-g, 461, 461-a–461-h, 461-l(5)) barring adult care facility operators from… health.ny.gov
- NYSDOH's Summary of Express Terms amending 10 NYCRR Part 765 (Licensed Home Care Services Agency licensure) to require public-need and financial-resources showings before the Public Health and Health Planning Council for new LHCSA applicati… health.ny.gov
- Commissioner's Determination on Acute Labor Supply Shortage issued under 10 NYCRR 415.13(f)(2)(ii)(b)(1) and PHL 2895-b, finding an acute CNA/LPN/RN labor-supply shortage in specified BLS metro/non-metro areas of New York for Q1-Q2 2023 — t… health.ny.gov
- NYSDOH Dear Administrator Letter (DAL 13-01), "Amended Regulations for New York State's Adult Homes" — announces regulations adopted under SSL 460-d, 461, and 461-e and 18 NYCRR § 486.7/Part 487, a further self-published example of the stat… health.ny.gov
Court decisions 2
- Matter of Blossom View Nursing Home v. Novello, 4 N.Y.3d 581, 830 N.E.2d 268, 797 N.Y.S.2d 370 (2005): New York Court of Appeals (the state's highest court) decision in an Article 78 proceeding brought by a licensed nursing home against the… courtlistener.com
- Matter of Nazareth Home of the Franciscan Sisters v. Novello, 7 N.Y.3d 538, 858 N.E.2d 1131, 825 N.Y.S.2d 426 (2006): New York Court of Appeals decision, the same regulatory-dispute pattern as Blossom View (a licensed residential-care home… courtlistener.com
Official notices 3
- NYSDOH Dear Administrator Letter (DAL 10-09) notifying adult home operators of the federal district court's Remedial Order and Judgment in Disability Advocates, Inc. v. health.ny.gov
- NYSDOH Health Advisory to nursing home operators, administrators, and directors of nursing revising COVID-19 visitation restrictions effective September 17, 2020, conditioned on compliance with state/federal infection-reporting requirements… health.ny.gov
- NYSDOH's public Request for Qualifications establishing a roster of Independent Quality Monitors who oversee a nursing home's correction of regulatory deficiencies identified by the Department, assigned on an as-needed, geography/expertise… health.ny.gov