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February 7, 2022
Section 2801-d of the public health law establishes a private right of action against a nursing home for a deprivation of a “right or benefit” created by a state or federal statute, code, rule or regulation. These rights and benefits relate to such things as bedsores, inadequate nutrition, mental and physical abuse, physical and chemical restraints, inadequate supervision, and failure to provide adequate and appropriate medical care.
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