How To File a Complaint Against a Nursing Home In California

Residents of California nursing homes and their families have the right to expect their nursing homes to provide competent, quality care. Nursing home care includes more than just providing a bed. The nursing home should have individualized plans for each resident to address their physical, emotional, and cognitive needs.

California nursing homes have a duty to comply with the federal and state laws that regulate nursing home care, including respecting the rights of each resident as set forth by the California Department of Health and the Centers for Medicare and Medicaid Services.

The California Department of Public Health district offices

Generally, the California Department of Public Health (CDPH) provides licenses and certifications for nursing homes throughout California. The CPDH has 17 field/district offices that monitor nursing homes in their geographical area. Each district office investigates complaints to determine if the nursing home complies with state laws and regulations. “Survey teams” for each office also review federal compliance if the facilities receive Medicare or Medi-Cal reimbursement. In addition to investigations, each district office takes enforcement actions when necessary.

These are the California field offices:

1. Bakersfield
2. Chico
3. East Bay
4. Fresno
5. Los Angeles
6. Orange
7. Riverside
8. Sacramento
9. San Bernardino
10. San Diego
11. San Francisco
12. San Jose
13. Santa Rosa
14. Stockton
15. Ventura
16. State Facilities Section
17. Life & Safety Code Section

Residents of California and family members or guardians who act on behalf of residents can file a complaint against a healthcare facility licensed by CDPH by calling or writing their nearest Center for Health Care Quality, Licensing, and Certification District Office or by filing their complaint online.

• Online complaints can be filed against specific nursing homes by using the CDPH online database. The database allows you to search by the nursing home’s name or location. The database should provide details about ownership, licensing, and certification status (acceptance of Medicare and/or Medi-Cal) and “performance history (complaints, entity/facility reported incidents, state enforcement actions, and deficiencies identified by L&C staff).”
• To file a complaint by phone or mail, use the links above for your nearest office.

The California Long-Term Care Ombudsman program

Nursing home residents and those who care for them can also file a complaint with their local ombudsman. California has a Long-Term Care Ombudsman Program that investigates nursing home complaints. You can find the Ombudsman for your county by using the link and then looking for the ombudsman information. The California Department of Aging administers the Long-Term Care Ombudsman Program.

For example, in Los Angeles and San Bernardino, the ombudsman

• Advocates for residents by voicing their concerns to a facility’s administration.
• Investigates complaints made by or on behalf of residents.
• Helps parties resolve conflicts to help the parties involved reach agreements and settle conflicts, with the resident’s satisfaction as the focus.
• Educates residents and caregivers to make them more aware of their rights, including State and federal regulations.
• Performs other .

What are the reasons for filing a nursing home complaint in California?

Family members and guardians should consider filing a nursing home complaint if a resident is suffering any of the following types of abuse or neglect:

• Physical abuse. This type of abuse includes striking, hitting, or punching a resident, physical restraints, chemical restraints, and other types of unauthorized physical contact.
• Emotional abuse. This type of abuse includes isolating a resident and making a resident feel guilty. Symptoms include withdrawal, anxiety, and depression.
• Sexual abuse. Staff members, visitors, and other residents may rape, sexually assault, or sexually assault your loved one.
• Some of the indicators of neglect include falls, bad hygiene and appearance, malnutrition, bedsores, dehydration, bladder and bowel disorders, not being given the proper medications, and failure to treat stroke symptoms promptly.
• Financial exploitation. Financial abuse includes stealing, unauthorized use of credit cards, and undue influence that results in changes to powers of attorney and wills.
• Rights violations. You can file a complaint if any of your loved one’s nursing home rights, such as the right to medical information and privacy, are being violated.

Supporting information and documents when you file a complaint

Some of the specific information the district office will need include:

• The CDPH office will need the resident’s name and address, the name of the California nursing home, the names of the people responsible for the resident’s care within the nursing home, and the name(s) of the person/people responsible for the resident’s abuse or neglect.
• The reasons for the complaint. The person contacting the field office should supply the type of abuse or neglect, the harm to the resident, and any evidence to support the complaint. The CDPH will also want a detailed explanation of what happened and information about any prior incidents.
• The timing of the abuse or neglect. The person calling for the resident should provide information about when the abuse or neglect occurred and where within the facility the abuse occurred.

Some of the documents that can help verify nursing home abuse or neglect that can be useful for a CDPH compliant, Ombudsman investigation, or a lawsuit by our experienced nursing home lawyers include:

• Any photographs of bedsores, bruises, or any other physical evidence.
• Any medical records that include symptoms, diagnosis, and treatment of the resident
• Any written notes or communications about the abuse or neglect

After you file the complaint for a resident, you should keep observing them to determine whether the abuse or neglect continues and whether there is any additional harm.

If the field office confirms that there is abuse or neglect, they are required to report the misconduct to the proper California licensing agencies.

How experienced nursing home lawyers help

If you have any concerns about the health and safety of your loved one, who is a nursing home resident, please contact our nursing home lawyers as soon as possible. We’re here to explain your rights and guide you and your loved one through the claims process. We can help you contact the proper district office and ombudsman. Our nursing home lawyers can also file personal injury complaints against the nursing home and any responsible staff members or medical providers. Garcia & Artigliere has obtained more than $3 billion for our clients.

Call our office or complete our contact form to schedule a free consultation today. We’re a national firm with offices in Los Angeles, Phoenix, Long Beach, Louisville, and New Orleans.