When Accused Under Public Health Law § 2803-d: How New York Administrative Law Attorneys Protect Health-Care Workers

When a nurse, aide, or facility employee is accused of abuse or neglect in a New York residential health-care setting, the stakes could not be higher.

Under Public Health Law § 2803-d, even an allegation of mistreatment can trigger an administrative investigation by the Department of Health (DOH), possible loss of employment, and long-term registry consequences.

Understanding the administrative review process—and how a skilled New York Administrative Law Attorney can defend you—is essential to safeguarding your career and reputation.

For a detailed overview of the statute itself, visit the FindLaw summary of PHL § 2803-d.

1.  The Purpose of PHL § 2803-d

The statute’s purpose is two-fold:

1. To protect vulnerable residents in nursing homes and similar facilities from abuse, neglect, and exploitation; and
2. To hold professionals accountable while still preserving due-process rights.

Mandatory reporters—such as nurses, aides, administrators, and therapists—must contact DOH when they have reasonable cause to believe that a patient has been abused or neglected. Reports must be made immediately by phone and in writing within 48 hours.

The law also gives the accused a right to notice, a fair hearing, and ultimately, judicial review under Article 78 of the CPLR. Learn how these appeals work at our New York State OCFS Article 78 Appeal Lawyer page.

2.  How the DOH Investigation Works

After a report is filed, DOH investigators interview witnesses, review records, and determine whether “sufficient credible evidence” exists.

If the Commissioner finds credible evidence, DOH issues a written determination and notifies the accused of the right to request a fair hearing within 30 days.

If the evidence is insufficient, the report is marked unsubstantiated and sealed.

Investigations frequently rely on incident reports, facility logs, and even video surveillance.  Inaccuracies can creep in quickly—another reason to have legal counsel involved at the earliest stage.  For guidance on responding to investigations, see New York Health’s reporting requirements for nursing-home administrators.

3.  Example One – Force-Feeding as Neglect (Alcindor v. Zucker)

In one case, a certified nurse’s aide was videotaped force-feeding a patient in a rushed and rough manner, contrary to the resident’s care plan.  The plan required small bites, slow pacing, and time for swallowing.  Instead, the aide repeatedly pushed heaping spoonfuls into the patient’s mouth and tilted her head back, creating a choking risk.

The Administrative Law Judge found that this violated the obligation to provide “safe, adequate, and appropriate care.”  The Commissioner of Health sustained the finding of neglect, concluding that the conduct constituted inappropriate physical contact likely to cause harm.

This example illustrates how one moment of poor technique—captured on video—can be deemed neglect under § 2803-d, even if no physical injury occurs.

Defending such cases often turns on expert testimony about the care plan, patient tolerance, and accepted standards of nursing practice.

For information about clearing a record after an administrative finding, read our page on Appealing an Indicated ACS or CPS Case in New York — Clear Your Name.

4.  Example Two – Failure to Report Neglect (Choe v. Axelrod)

Another case involved a Director of Nursing who failed to report an incident in which a patient was left unattended in a shower and suffered second-degree burns from hot water.

DOH determined that the director’s omission violated § 2803-d because any “reasonable person” would have recognized the event as reportable neglect.

The court upheld the $150 fine, confirming that:

• Neglect includes failure to provide timely, consistent, safe, and adequate care;
• Reasonable cause means circumstances that would lead a prudent person to believe neglect occurred; and
• Administrators and supervisors have the same duty to report as direct-care staff.

This case demonstrates that failure to report can be just as damaging as direct physical misconduct.

Supervisors must err on the side of reporting—and employees must document incidents promptly to protect themselves.

5.  The Fair-Hearing Stage

Once a finding is issued, the accused can demand a fair hearing before a DOH Administrative Law Judge (ALJ).

At this hearing, you have the right to:

• Be represented by a New York Administrative Law Attorney;
• Present witnesses and documentary evidence;
• Cross-examine DOH investigators; and
• Argue that the evidence does not meet the preponderance-of-the-evidence standard.

The DOH bears the burden of proof.  If the ALJ finds insufficient proof, the record must be amended or sealed.  If sustained, the finding may be forwarded to professional boards or the Nurse Aide Registry.

For those working in family or juvenile settings who later encounter parallel administrative hearings, our Family Court Appeals page explains how appellate courts review similar due-process claims.

6.  Due-Process Protections and Judicial Review

New York courts have reinforced that due process requires fair notice and evidence standards.  In Miller v. DeBuono, the Court of Appeals held that a finding cannot stand unless proven by a preponderance of the evidence.

Courts have also required DOH to disclose investigative materials and allow respondents to challenge hearsay.

If a finding is sustained after the hearing, your attorney can file an Article 78 proceeding in Supreme Court.  The judge reviews whether the agency:

1. Acted within its legal authority;
2. Followed proper procedure; or
3. Made a decision that was arbitrary, capricious, or unsupported by substantial evidence.

An Article 78 Attorney can seek to vacate the determination, expunge your record, or remand for a new hearing.  Learn how these proceedings work at Gilmer Law Firm’s Article 78 Appeals resource.

7.  Categories of Findings and Potential Penalties

Findings under related statutes—such as Social Services Law § 493, which governs the Justice Center for the Protection of People with Special Needs—are classified into categories:

• Category 1:  Serious physical or sexual abuse → permanent record.
• Category 2:  Conduct endangering safety → sealed after five years.
• Category 3–4:  Lesser neglect or systemic failures → corrective plans and DOH oversight.

Even lesser findings can affect employment eligibility and must be contested swiftly.

8.  Why Representation Matters

Administrative hearings move quickly and follow procedural rules unfamiliar to most clinicians.  A New York Administrative Law Attorney ensures that:

• Your due-process rights are preserved;
• DOH’s evidence is scrutinized for accuracy and completeness;
• Expert witnesses clarify proper medical or nursing standards; and
• All objections are recorded for later Article 78 review.

At The Gilmer Law Firm PLLC, we combine health-care knowledge with litigation experience to defend licensed professionals statewide.

For a broader explanation of how administrative appeals intersect with child-welfare or other government findings, review our guide on Appealing Indicated ACS or CPS Findings.

9.  Practical Tips for Health-Care Workers

If you’re notified of an investigation under § 2803-d:

1. Request everything in writing.  Save notices, emails, and investigative letters.
2. Consult counsel immediately.  Early legal advice often prevents procedural default.
3. Gather supporting documentation.  Shift logs, care plans, and contemporaneous notes show diligence.
4. Avoid discussing details with coworkers or on social media.  Statements may be used against you.
5. Attend all hearings and comply with deadlines.  Failure to appear may result in a default finding.

Understanding your responsibilities and asserting your rights early can dramatically change the outcome.

10.  Key Takeaways

• Abuse under § 2803-d includes any inappropriate physical contact likely to harm a patient.
• Neglect involves failure to provide consistent, safe, adequate, or appropriate care—or to report such failures.
• Both front-line caregivers and administrators can be held accountable.
• The administrative process provides notice, hearing, and review, but strict time limits apply.
• Skilled legal representation is crucial from the first notice through potential Article 78 litigation.

11.  Helpful Resources

1. FindLaw – New York Public Health Law § 2803-d
2. New York Health Department – Reporting Requirements for Administrators
3. Gilmer Legal – Article 78 Appeal Lawyer
4. Gilmer Legal – Family Court Appeals
5. Gilmer Legal – Appeal Indicated ACS or CPS Case in New York

Each link offers distinct guidance relevant to administrative defense, family-law crossover, or judicial appeal.

Conclusion

A finding of abuse or neglect under Public Health Law § 2803-d can permanently alter a professional’s future.  The DOH process is administrative, but its consequences are real—impacting licenses, employment, and reputation.

If you have received a notice of investigation or hearing, contact The Gilmer Law Firm PLLC at 15 MetroTech Plaza, 7th Floor, Brooklyn, NY 11201.

Our firm provides knowledgeable, compassionate, and zealous defense for health-care professionals throughout New York.

Protect your rights, your record, and your livelihood—consult an experienced New York Administrative Law Attorney today.