If you are a baby boomer, one or more of your parents may be in a nursing home. There are 1,406 nursing homes in California alone. Hopefully, you have done your homework and helped your parents choose the right one—one that provides care and treats them with dignity. Unfortunately, however, sometimes the rights of nursing home patients are violated. Charges of elder abuse, financial abuse, neglect, and mental suffering often occur.

Monitor what your parents tell you about the nurses and staff. Listen carefully to their complaints. If they sound well-founded you can hire an attorney or file a complaint with the Licensing and Certification Division of the California Department of Public Health. Here’s how.

Any individual or company can file a complaint regarding a nursing home. The Department of Public Health regulates the operation of nursing homes through regular inspections and also enforces the laws governing their maintenance. They conduct investigations into all complaints against nursing homes.

You can file a complaint about any mistreatment you feel you or your loved one is receiving. These include but are not limited to poor care, short staffing, neglect, safety, mental suffering and the like.

File a complaint when you have exhausted all other remedies such as complaining directly to staff. Make certain you have contacted the ombudsman office in your county for assistance. They aid residents and resolve issues regarding their rights and care. The ombudsman attempts to mediate between you and the nursing home. They can also help you get in touch with outside agencies like the DPH. Unlike the DPH, however, they have no authority over the nursing home.

Complaints are made in writing by filling out a form. Take notes of the incidents of abuse. Keep a journal. Be specific by citing facts not generalities. Include staff members’ names, date and time of the incidents, witness’s names, and any relevant records.

Along with the DPH, you should file your complaint with California Advocates for Nursing Home Reform (CANHR), the local ombudsman office, your California Assembly Member and Senator, and the Bureau of Medi-cal Fraud and Elder Abuse. The BMFEA is a division of the California Attorney General’s Office. You can call them at 800-722-0432, file your complaint online at www.ag.ca.gov/bmfea or mail a copy to California Department of Justice, Office of the Attorney General, Bureau of Medi-cal Fraud and Elder Abuse, P.O. Box 944255, Sacramento, CA 94244-2550.

By California law, DPH must commence an investigation of your complaint within ten working days of receipt of the complaint. They must visit the facility in person. When the resident’s life is in danger, the DPH must begin its inquiry within 24 hours. Pay close attention to the DPH’s compliance with deadlines, and contact the CANHR if they do not conduct their investigation in a timely manner.

You have certain rights when filing a complaint. You must be informed of the name of the investigator within two days of your complaint. You may not be retaliated against for filing a complaint. You may remain anonymous. You may go along with the investigator to the facility if it is a family member who is a resident. Finally, you have the right to an answer to your complaint.