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The Right
to Complain Without Reprisal
Residents are guaranteed the right to freely file
complaints against nursing homes and their staff. There are several laws that protect this
important right:
Connecticut General Statutes §
19a-550(b)(5), (6) and (20).
Connecticut General Statutes § 19a-532.
Discrimination against complainants and others prohibited. Penalty.
42 Code of Federal Regulations §
483.10(a)(2), (b)(7) and (f).
State and federal agencies are obligated to investigate
complaints filed by, or on behalf of, nursing home residents. Complaints regarding nursing
home residents, administrators and staff can be filed with the Connecticut Department of
Public Health (DPH). Complaints regarding the Connecticut Department of Public
Health or about nursing homes can be filed with the federal Centers for Medicare and
Medicaid Services (CMS). These agencies have the right to fine nursing homes and
their staff, to revoke licenses, and to impose other penalties for violations of the
residents' rights. Residents can seek assistance in filing complaints from the
Connecticut Long Term Care Ombudsman.
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Filing Complaints
Generally
It is best to file complaints in writing and to keep
copies of all correspondence. Here are some tips for what to include in a complaint
letter:
- Provide very specific information in your complaint as to
what occurred, including times and dates when problems occurred when possible, names and
addresses of witnesses, etc.
- If the problem caused the patient to receive medical
treatment, provide details and indicate where the medical treatment occurred and the names
of any treating doctors.
- Note whether you made a complaint to the nursing home
staff. If so, indicate when and who you talked to and what the response was.
- Detail what action you want taken.
- If there are specific laws that you believe are being
violated, explain which law and include section numbers for that law.
- Note whether the problem was an isolated incident or is
ongoing and whether it affects more than one resident.
- If the resident was injured in any way, consider talking
to an attorney who specializes in personal injury and/or medical malpractice law.
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Connecticut Department of Public Health
(DPH)
The Department of Public Health (DPH) does not require
that health care complaints be filed with any standard form, except for complaints against
licensed physicians. Therefore, a signed letter is generally sufficient. If
filing a complaint against a physician, call the number directly below to obtain the
necessary form.
Complaints regarding nursing homes and other
health care facilities
Complaints should be addressed to:
Facility Licensing and Investigations
Section
Connecticut Department of Public Health
410 Capitol Ave., MS# 12 HSR
Hartford, CT 06134-0308
Phone: (860) 509-7400
Fax: (860) 509-7538
Complaints alleging "jeopardy" to a resident
are supposed to be investigated within two days. Other complaints are investigated
"as time permits" and this may take several months. The Department issues
written acknowledgment of complaints and contacts the complainant during the
investigation. The complainant also receives a copy of the investigation report. If
violations or deficiencies of federal or state law are identified, the nursing home must
submit a plan for corrective action. DPH may also order corrective action impose sanctions
including fines and license suspension or revocation.
Your complaint letter should specify what corrective
action you feel needs to be taken, such as requesting a DPH order requiring the home to
provide additional staff. Specifically note if you believe the resident is in
"jeopardy" of physical or mental harm if immediate corrective action is not
taken and state what future harm may occur.
Complaints Regarding nursing home and other health
care facility staff
Complaints should be addressed to:
Practitioner
Licensing and Investigations Section
Connecticut Department of Public Health
410 Capitol Ave., MS# 12 INV
Hartford, CT 06134-0308
Phone: (860) 509-7552
Fax: (860) 509-7535
email: oplc.dph@po.state.ct.us
DPH licenses nursing home administrators and is
authorized to revoke or suspend the licenses of administrators for "illegal,
incompetent or negligent conduct in his practice or violation of any provision" of
state or federal law or regulation. Connecticut General Statutes § 19a-517. As with
complaints against facilities, complaints against administrators should specify the laws
and regulations which the administrator has violated or allowed to be violated. DPH has
the same type of controls over other nursing home staff.
If you are not satisfied with the action taken on your
complaint or speed of the investigatory process, you may want to contact other DPH
officials:
Commissioner, J. Robert Galvin
Deputy Commissioner, Norma D. Gyle
(860) 509-7101
Bureau of Regulatory Services Chief
(860) 509-8022
For more information read the Consumer
Guide to the Department of Public Health's Investigation and Hearings Process.
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Centers for Medicare and Medicaid
Services (CMS)
The Centers for Medicare and Medicaid Services (CMS) is a
federal agency that requires every state to continually monitor nursing homes to ensure
that they are meeting the requirements of federal law and regulation, including the
requirements of the Medicare and Medicaid programs. In Connecticut, the Connecticut
Department of Public Health is state agency responsible for surveys of nursing homes, for
enforcement of all federal requirements, and for certifying that homes meet the federal
standards.
If the DPH is not adequately protecting the rights of
nursing home residents through this process, complaints can be filed with CMS.
Initially, you may simply want to send copies of your complaints regarding the nursing
home or slow or inadequate action to CMS.
You may write to the CMS office for New England (Region
I) at the following address:
Centers for Medicare and Medicaid Services (CMS)
John F. Kennedy Federal Building
Room 2325
Boston, MA 02203-0003
Phone: (617) 565-1188
Click here for more CMS Region I
information.
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Long-Term Care Ombudsman
The Long
Term Care Ombudsman is a federally mandated advocate for nursing home and assisted living
facility residents. If a resident needs assistance in filing a complaint with the
Department of Public Health or Department of Social Services, the resident may seek
assistance from the Office of the Long Term Care Ombudsman.
The LTCO also operates a Volunteer Resident Advocate
Program - volunteers who are trained by Ombudsman staff in resident’s rights, problem
solving, interviewing skills, negotiating, working with nursing home staff, and the health
care system - and works with the Residents Councils and the Statewide Coalition of
Presidents of Residents Councils - an organization of nursing home Resident Council
Presidents who, with the assistance of the Long Term Care Ombudsman Program, work together
to empower Connecticut’s nursing home residents for stronger and more effective
self-advocacy.
Local phone numbers and additional information can be
found on the LTCO web site.
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