The Hidden Scandal of Unlicensed Eldercare Facilities

Families searching for care often believe that if a facility or in-home agency has a polished brochure, a modern website, or glowing online reviews, it must be legitimate. The truth is far darker. Across the country, thousands of so-called “assisted living” or “home care” providers operate without the licenses or oversight required by law.

Some operators deliberately mislead families by calling themselves “care consultants” or “companions” rather than licensed caregivers. This is not a legal loophole, it is fraud. Still others simply lie, claiming that they are in state compliance. These operators often name their business something similar to a legitimate, licensed facility or care provider in an effort to further fool consumers.

In New York, all nursing homes, assisted living facilities, and home care agencies that provide eldercare are required to be licensed by the Department of Health, hold a bond, and carry insurance. When an operator presents themselves as a legitimate business, they are evading the law and placing vulnerable elders at risk.

The dangers are staggering. Families who discover neglect, medication errors, or financial exploitation often find that they have little recourse against an unlicensed provider.

Protecting your loved one means looking past the sales pitch. Verify every license directly with your state’s Department of Health. Ask for proof of liability insurance. Search for inspection reports and violations. If a facility or agency refuses to provide documentation, walk away. A few extra hours of due diligence could prevent years of heartache and even save a life.

Note: We are working hard to create a resources section for this website that will allow you to both report unlicensed operators and check on the licensure of facilities and agencies quickly and easily. Join our mailing list to get access as soon as it goes live.