How to File a Complaint Against a Colorado Nursing Home

If you’re worried that a nursing home isn’t taking care of your mother, your father, or someone else you love, filing a complaint is one of the most useful things you can do. Reporting the neglect puts the problem on the record, and it can set off an investigation to hold a facility accountable. The process in Colorado isn’t complicated once you know who to call, though it isn’t always obvious either, so here is how it works, step by step, along with what to expect after you file.

One thing first. If your loved one is in immediate danger, or you think a crime has taken place, don’t wait on a filing a complaint. Call 911.

Start by deciding what you’re reporting

It helps to be clear about the kind of problem you’re dealing with, because that points you toward the right office. A concern about the quality of care, understaffing, an unexplained injury, or unsanitary conditions usually goes to the state agency that inspects nursing homes. Suspected abuse, neglect, or someone taking financial advantage of an at-risk adult can also go to Adult Protective Services. Plenty of situations are both, and there’s nothing wrong with reporting to more than one place. You don’t have to sort the legal category out perfectly. You just have to speak up.

Who to contact to report nursing home neglect in Colorado

The facility itself

You can raise the concern with the administrator or the director of nursing first, and you have every right to do that. Some problems get fixed quickly this way. Put it in writing if you can, keep a copy, and note the date. That said, if you’re worried the facility might take it out on your loved one, or the home has already brushed you off, you can go straight to the agencies below. Nobody requires you to go through the facility first.

The Colorado Department of Public Health and Environment (CDPHE)

CDPHE licenses and inspects nursing homes in Colorado, and it investigates complaints about care. This is the office with the authority to survey a facility, cite violations, and require the home to fix them. You can file a complaint by phone or through an online form, and you can ask to stay anonymous. Give them as much detail as you can:

Call 303-692-2442, or use the online form.

The Long-Term Care Ombudsman

Every region in Colorado has a long-term care ombudsman, an advocate whose whole job is to stand up for residents. The service is free and confidential, and an ombudsman can look into a complaint, work with the facility to resolve it, and help you understand your loved one’s rights. If you’re not sure where to begin, this is often a good first call, since an ombudsman can point you to the right agency as well:

Call 303-862-3524 or email cdhs_ltcombudsman@state.co.us.

Adult Protective Services and law enforcement

When you suspect abuse, neglect, or that someone is stealing from an at-risk adult, county Adult Protective Services can investigate. Serious or criminal situations belong with law enforcement. These are separate from a care-quality complaint, and, again, you can do both at once.

Call 1-844-264-5437.

Medicare, at the federal level

If the nursing home accepts Medicare or Medicaid, it also answers to federal rules. You can look up the facility’s inspection history, its staffing levels, and any serious problems on Medicare’s Care Compare tool, and federal complaints are routed through the same state survey agency. Checking a home’s record there is worth doing even before you file, because it can tell you whether what you’re seeing is a one-time lapse or part of a pattern.

What to put in your complaint

The more specific you are, the more the agency has to work with. Try to include:

  • The resident’s name as well as the facility’s name and location.
  • What happened, in plain terms, with dates and times if you have them.
  • The names of any staff involved and of any  individuals who witnessed what occurred.
  • Photographs of injuries or conditions, if you were able to take them.
  • Anything you’ve already done, such as raising it with the administrator.

You don’t need all of this to file, so send what you have. But a dated, detailed account is a lot harder to set aside than a vague one, and it gives inspectors somewhere concrete to examine.

What happens after you file

The agency reviews your complaint and decides how fast to respond. The more serious the allegation, the sooner it tends to get attention. An investigation can include an unannounced visit to the facility, a review of the records, and interviews with staff and residents. If inspectors find a violation, the home can be cited and ordered to correct it, and repeated or serious violations can carry heavier consequences. You can usually ask to be told the outcome. It can take a while, so keep your own records going in the meantime, and note anything new as it happens.

Your loved one is protected for speaking up

Federal law gives nursing home residents the right to raise concerns and file grievances without being punished for it, and retaliation against a resident who complains isn’t allowed. If you believe a facility is retaliating, that’s worth reporting on its own. The fear of making things worse is understandable, but staying quiet rarely makes a neglectful home a better one.

When a complaint isn’t the whole answer

Filing a complaint can prompt an inspection and push a facility to change, and sometimes that’s exactly what a family needs. What a complaint won’t do is compensate your family if a nursing home’s neglect seriously harmed your loved one or contributed to a death. That’s a separate path, a civil claim against the facility, and it comes with its own deadlines. If that’s where you find yourself, it’s worth talking with a lawyer while the records are still fresh.

Talk to someone who handles these cases

If a nursing home hurt someone you love, you don’t have to work out the legal side on your own. Tell us what happened, and we’ll give you an honest read on whether you have a case. The first call is free.

share this article
Facebook
Twitter
Email