Virginia: How to File a Nursing Home Complaint and Protect Your Loved Ones
Protecting our loved ones in nursing homes is a top priority. This guide aims to simplify the complexities of dealing with nursing home issues, focusing on how to spot signs of abuse or neglect and what steps to take next. We break down the essentials: recognizing the signs, documenting evidence, and how to file a nursing home complaint in Virginia. The information is available to empower you with the knowledge to act confidently on behalf of your family members, ensuring their safety and well-being.
Recognizing Signs of Nursing Home Abuse in Virginia
Nursing home abuse can manifest in various forms, all detrimental to a resident’s well-being. Family members should be vigilant and learn to recognize the warning signs:
- Physical Abuse: Look for unexplained bruises, cuts, or injuries, and behaviors indicating fear around caregivers.
- Emotional Abuse: Changes in behavior, such as withdrawal or depression, can signal emotional mistreatment.
- Sexual Abuse: Be alert to physical signs like bruises around private areas or sudden behavioral changes.
- Neglect: Signs include poor hygiene, pressure ulcers or bedsores, malnutrition, dehydration, and untreated medical conditions.
- Financial Exploitation: Unexplained financial transactions or missing personal items may indicate exploitation.
Documenting and Reporting
If you suspect abuse, document the signs and conditions you encounter.
Documentation that may be helpful for an investigation or an attorney include:
- Photographs of physical injuries and the conditions in which they occurred.
- Notes on the events that led up to the abuse and corresponding dates
- Medical records, especially those of any hospital or other health visits related to the injuries.
- Contact information for possible witnesses of the abuse or neglect
Virginia’s Legal Framework
The legal procedures for addressing nursing home complaints vary by state. Our guide provides an overview of Virginia’s complaint process. However, consulting with a nursing home attorney can offer personalized legal advice tailored to your situation. An attorney can explain your rights, help you navigate complex legal issues, and ensure the strongest possible case for your loved one. Victims may be entitled to compensation for injuries or wrongful death resulting from abuse or neglect in a long-term care facility.
The Nursing Home Complaint Process in Virginia
What Does a State Survey Agency Do?
State Survey Agencies work to ensure the quality and safety of healthcare and long-term care services within a state. These agencies, often part of the state’s health department, inspect healthcare facilities like hospitals, nursing homes, and daycare centers for adults to ensure they meet federal and state standards. Their tasks include
- conducting surveys or inspections,
- investigating complaints related to healthcare facilities and
- taking enforcement actions when necessary.
State Survey Agencies help protect the health and well-being of residents and patients by regularly inspecting and responding to complaints. They ensure they receive safe, quality care. Additionally, these agencies often inform the public about the performance and quality of healthcare facilities in their state, aiding families in making informed decisions about care services.
Reporting Options in Virginia
The Virginia Department of Health Office of Licensure and Certification (VDOH) is the primary state survey agency investigating nursing home complaints in Virginia. The Virginia Department of Social Services handles complaints against assisted living facilities.
Nursing Facility Complaints
File by Phone
- Toll-Free Number: 1-800-955-1819
- Metro Richmond Area: (804) 367-2106
Messages left after normal business hours, weekends, or holidays will be addressed the next business day.
File in Writing
Complete the selected form thoroughly. Leave the “Person Filing Out Complaint Form”/”Complainant” section blank for anonymous complaints. Note that for anonymous complaints, the Office of Licensure and Certification (OLC) will not be able to contact you for additional information or inform you of the investigation results.
Attach Documents
Include any documents related to your concerns with the complaint form.
Submission
- By Mail:
- VDH Office of Licensure and Certification
ATTN: Complaint Unit
9960 Mayland Drive, Suite 401
Henrico, VA 23233-1463
- VDH Office of Licensure and Certification
- By Fax: 1-804-527-4503
- By Email: OLC-Complaints@vdh.virginia.gov
Complaints Against Assisted Living Facilities
Abuse or neglect in an assisted living facility may be reported through the Virginia Department of Social Services‘ 24-hour, toll-free APS hotline at (888) 832-3858 or via the online complaint form.
Types of Complaints Investigated by the VDOH
The VDOH takes resident safety seriously and investigates a wide range of nursing home concerns, including:
- Abuse: Intentionally causing injury, unfairly confining someone, frightening, or punishing them in a way that leads to physical hurt, discomfort, or emotional suffering. Abuse covers all forms of harm, whether it’s through words, sexual acts, physical actions, or emotional manipulation, including the use of technology to carry out the abuse.
- Neglect: A failure to give the care or services needed to keep a resident safe from physical injury, discomfort, or emotional upset. Sometimes, people neglect others on purpose, and other times, they do it without meaning.
- Exploitation: When someone uses manipulation, intimidation, or force to take advantage of a resident for their benefit.
- Misappropriation: Intentionally placing, using, or taking advantage of a resident’s possessions or money without their permission.
Information to Prepare When Filing a Complaint with the VDOH
When you’re ready to file a complaint, prepare detailed information to provide to the survey agency. Remember to include the following details:
Who
- The victim’s name and address.
- The name of the facility and the names of those in charge of the victim’s care.
- The name of the person you suspect of committing the abuse, neglect, or exploitation.
What
- Describe the type and severity of harm, including any physical evidence of abuse or neglect.
- Note any past incidents that might be related.
- Provide a detailed account of what you observed. If you have permission from the resident, include photographs of any visible injuries or conditions that support your claim.
Where & When
- Specify where and when the incident occurred to give a clear context for the investigation.
This information will help authorities to understand and promptly investigate your complaint thoroughly.
What to Do After Filing a Complaint?
Staying proactive after filing a complaint will help address the issue. First, check in with the resident and the facility to verify that the neglect or abuse has ceased. Next, contact the investigator or agency handling your case and request written summaries of their findings if the law permits.
If a state survey agency substantiates the findings or a court finds a nurse aide or licensed staff member guilty of abusing a resident, the information must be reported to the State nurse aide registry or the State licensing board. Care providers who have faced disciplinary action should not be employed or allowed to volunteer at the facility.
Additional Resources in Virginia
Contacting the Long-Term Care Ombudsman Program
What is an Ombudsman?
An ombudsman advocates for people in nursing homes, assisted living facilities, and adult family care homes. Generally, Long Term Care Ombudsman Programs provide trained volunteers who work with residents and their family members to communicate concerns and resolve problems by providing advocacy, support, education, and empowerment. The offices offer services at no cost to the resident or their family. Many ombudsman offices also receive and investigate complaints on behalf of nursing home residents and their families. They serve as a voice for residents in ensuring that the facility meets mandated legal standards for every person receiving long-term care services.
Contact Information for the Virginia Office of the State Long-Term Care Ombudsman
The Virginia Department for Aging and Rehabilitation Services oversees the Office of the State Long-Term Care Ombudsman.
The program may be contacted by calling (800) 552-5019 or emailing ombudsman@dars.virginia.gov.
