How to File an Elder Abuse Complaint in Los Angeles
If you witness or suspect nursing home abuse, your first priority should be the resident’s immediate safety. If the resident is in imminent danger, call 911 immediately. Acting quickly can help prevent further harm and ensure the resident receives emergency assistance.
If there is no immediate emergency, you can contact the Los Angeles County Long-Term Care Ombudsman, which assists and advocates for residents and their families with concerns around safety and rights.
If your concerns remain unresolved, you may file a complaint with the Licensing and Certification Division of the California Department of Public Health (CDPH). The CDPH is responsible for enforcing state laws and regulations governing nursing homes and assisted living facilities. Anyone - not just residents or their family members - can submit a complaint regarding suspected elder abuse or neglect. An experienced elder abuse attorney can also provide guidance on the legal process and your available options.
When to File a Complaint
You should file a complaint whenever you believe a facility has violated laws or regulations designed to protect residents. This may include allegations of abuse, neglect, violations of resident rights, chronic understaffing, unsafe conditions, or improper transfer or discharge practices.
What to Include in a Complaint
Your complaint should clearly describe what happened, who was involved, and how the resident was affected. Focus on factual, objective information rather than emotional language. Aim to be both concise and thorough.
Include the following information whenever possible:
- A detailed description of the complaint
- The date and time of the incident
- The resident’s name
- The name and address of the facility
- The names of any witnesses, including staff members or healthcare providers
- Any relevant records or documents that should be reviewed
- Your name, contact information, and relationship to the resident
Complaints may be submitted either orally or in writing. The CDPH should acknowledge receipt of your complaint within 48 hours. When filing, request a complaint number as well as the name and contact information of the investigator assigned to your case.
Submit your complaint to the CDPH District Office responsible for overseeing the facility involved, and keep a copy of all materials for your records.
Following Up and Tracking an Elder Abuse Investigation
If you initially report your concerns by phone, it is advisable to follow up with a written complaint. The CDPH may respond more promptly when it knows you are actively monitoring the progress of your complaint or have notified other authorities. You may also consider contacting your local Assembly Member or State Senator to encourage oversight.
In cases involving serious neglect, abuse, or fraud, you can send a copy of your complaint to the Division of Medi-Cal Fraud and Elder Abuse (DMFEA), a division of the California Attorney General’s Office. Informing the CDPH that the DMFEA has also been notified may help ensure the matter receives appropriate attention.
Under California law, the CDPH must generally begin onsite investigations within 10 days of receiving a complaint. Complaints involving an imminent risk of death or serious bodily harm require an onsite investigation within 24 hours.
Most investigations must be completed within 60 days, although an additional 60-day extension may be granted under extenuating circumstances. If an extension is necessary, both the facility and the complainant should receive written notice.
If violations are found, the CDPH must issue any resulting citations within 30 days after the investigation is completed.
Understanding Your Rights as a Complainant
Knowing your rights can help you effectively participate in the complaint process and protect yourself throughout the investigation.
Rights include:
- Protection Against Retaliation. California law prohibits facilities from retaliating against or discriminating against anyone who participates in an investigation. Any discriminatory action taken within 180 days of filing a complaint may be presumed retaliatory.
- The CDPH must honor requests for anonymity. However, remaining anonymous may make it more difficult to investigate or substantiate certain allegations.
- Facility Visits. You may request to accompany investigators during a facility visit by including the request in your complaint. The CDPH may deny the request if it determines that doing so would compromise resident privacy.
- Right to Appeal. After completing its investigation, the CDPH must notify you of its findings and explain your appeal rights.
The Appeals Process
If you disagree with the outcome of the investigation, you may request an informal conference by submitting a written request to the CDPH district office manager within 30 calendar days of receiving the findings. The conference should generally be scheduled within 30 days of your request. The meeting may include the district manager or a designated representative and, in some cases, the facility administrator. You also have the right to be represented by an attorney. Within 10 working days after the conference, the CDPH should notify you of its decision.
A further appeal can be submitted within 15 days to the Deputy Director of the CDPH Center for Health Care Quality. The Appeals Unit will conduct a review of the investigation and provide its determination within 30 days. This represents the final level of administrative appeal.
If the CDPH fails to meet the required notification timelines or you have concerns about the status of your case, contact the agency for an update. Keep detailed records of all correspondence and communications throughout the process, and consider consulting a Los Angeles elder abuse attorney who specializes in nursing home abuse or elder abuse cases for additional guidance.
