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The attorneys at the Law Offices of Thomas L. Gallivan, PLLC provide effective, aggressive representation to individuals injured in the New York area. Our priority is to maximize the recovery of our clients injured due to the neglect of others.

Mary Manning Walsh Nursing Home received 22 citations for violations of public health code between 2016 and 2019, according to New York State Department of Health records accessed on February 7, 2020. The facility has also been the subject of a 2015 fine of $6,000 in connection to findings during a 2013 inspection that it violated unspecified health code provisions. The Manhattan nursing home’s citations resulted from a total of three surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not ensure residents received services that met quality standards. Under Section 483.21 of the Federal Code, nursing home facilities must provide or arrange services for their residents that “meet professional standards of quality.” A November 2018 citation found that Mary Manning Walsh Nursing Home’s services did not meet professional standards. An inspector found specifically that the facility’s nursing staff did not clarify a physician’s orders in connection to a resident with “severe cognitive impairments” who needed “extensive assistance of staff to complete her activities of daily living.” The specific physician orders in question are redacted from the citation, but they pertain to the resident’s insulin coverage and blood sugar levels. A plan of correction undertaken by the facility included an audit concerning blood stick monitoring of residents. The citation states that this deficiency had the “potential to cause more than minimal harm.”

2. The nursing home did not ensure that drugs and biologicals were properly stored and labeled. Section 483.60 of the Federal Code requires in part that nursing homes label drugs and biologicals “in accordance with currently accepted professional principles, and include the appropriate accessory and cautionary instructions, and the expiration date.” A January 2016 citation found that medication at Mary Manning Nursing Home was not properly dated, and that an open vial of insulin was not discarded 28 days after it was opened. In an interview, the facility’s Registered Nurse Supervisor told an inspector, “I investigated this issue with the evening nurses and was told that a new vial was opened and placed in the refrigerator.” A plan of correction undertaken by the facility included the education of staff and the disposal of the items in question.

New East Side Nursing Home received 21 citations for violations of public health code between 2016 and 2019, according to New York State Department of Health records accessed on February 7, 2020. The facility has also been the subject of a 2011 fine of $12,000 in connection to findings during a 2010 inspection that it violated health code provisions regarding accidents and supervision. The Manhattan nursing home’s citations resulted from a total of three surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not keep residents free from the use of physical restraints. Section 483.10 of the Federal Code stipulates that nursing home residents must “be free from any physical or chemical restraints imposed for purposes of discipline or convenience, and not required to treat the resident’s medical symptoms.” A December 2018 citation found that New East Nursing Home did not keep one resident was properly kept free from the use of physical restraints. According to the citation, the resident’s plan of care and physician’s orders provided for the resident to be released from their restraint “every 2 hours for 15 minutes and during meals.” The citation states also that the Medical Doctor’s order did not include a “medical justification” for the use of the restraint in question, a seatbelt. A plan of correction undertaken by the facility included the in-servicing of nursing staff on policies and procedures concerning restraints.

2. The nursing home did adequately dispose of garbage and refuse. Under Section 483.60 of the Federal Code, nursing home facilities are required to “dispose of garbage and refuse properly.” An April 2017 citation found that New East Nursing Home did not comply with this section. An inspector specifically observed three commercial garbage bins that were not “properly covered.” The inspector further observed that “the area adjacent to and surrounding the bins was full of debris.” The citation goes on to state that the inspector observed litter beside the garbage bins that included a soda can, a latex glove, part of a wet corrugated box, and other smaller refuse. In an interview, the facility’s Director of Housekeeping said, “The garbage bins are supposed to be covered with the lids. The staff member who is assigned to maintain the area has been out for approximately one month due to surgery. While the other person was out I should have been monitoring the area.” The citation states that this deficiency had the “potential to cause more than minimal harm.”

New Gouverneur Hospital received 16 citations for violations of public health code between 2016 and 2019, according to New York State Department of Health records accessed on February 7, 2020. The facility has also been the subject of a 2016 fine of $12,000 in connection to findings during a 2013 inspection that it violated health code provisions regarding accidents and administration. The Manhattan nursing home’s citations resulted from a total of three surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not keep resident drug regimens free from unnecessary drugs. Section 483.45 of the Federal Code requires nursing homes to maintain “each resident’s drug regimen… free from unnecessary drugs.” A January 2016 citation found that New Gouverneur Hospital did not ensure a resident’s drug regimen was free from such. An inspector found specifically that the facility had “no documented rationale for the continued use of an antipsychotic medication in the absence of behavioral symptoms.” In an interview, an Attending stated that “the resident is agitated on occasion and attempts in the past have been made to taper resident off medication and was unable to provide documentation as to when this occurred.” The Attending Physician also stated that the resident’s medication is still indicated “in the absence of behavioral symptoms” due to the resident’s medical condition, and that “he may have forgotten to include information” on the resident’s documentation. A plan of correction undertaken by the facility included a comprehensive review of the resident that included the writing of a rationale for the medication’s continued use.

2. The nursing home did not ensure the provision of services by qualified persons. Under Section 483.21 of the Federal Code, “The services provided or arranged by the facility must be provided by qualified persons in accordance with each resident’s written plan of care.” A January 2016 citation found that New Gouverneur Hospital did not ensure that a physician’s orders were followed in connection to one resident. The citation does not specify what the orders in question included, but it notes that in spite of the orders being co-signed by physicians and nurses, “there was no documented evidence in the medical record that the Psychologist provided services for the resident” during a certain period of time. A plan of correction undertaken by the facility included the revision of the resident’s care plan and the educational counseling of staff on the transcription and verification of physician orders.

Northern Manhattan Rehabilitation and Nursing Center received 24 citations for violations of public health code between 2016 and 2019, according to New York State Department of Health records accessed on February 7, 2020. The Manhattan nursing home’s citations resulted from a total of six surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not keep medication error rates adequately low. Section 483.45 of the Federal Code requires nursing home facilities to maintain medication error rates below five percent. A March 2019 citation found that Northern Manhattan Rehabilitation and Nursing Center did not keep medication rates below that threshold. An inspector specifically found that one of the facility’s Licensed Practical Nurses did not administer medication to a resident as ordered, because it “was not in stock at the facility,” resulting in the resident never receiving their ordered daily dosage. The citation states that separately, another Licensed Practical Nurse administered a resident’s injectable medication through an incorrect route. The citation states that these deficiencies had the “potential to cause more than minimal harm.”

2. The nursing home did not implement adequate measures to investigate allegations of misconduct. Under Section 483.12 of the Federal Code, nursing homes are required to investigate, and provide evidence of investigations, any allegations of abuse, neglect, exploitation, or mistreatment. An April 2018 citation found that Northern Manhattan Rehabilitation and Nursing Center did not maintain evidence “that all alleged violations involving resident abuse by facility staff were reported to New York State Department of Health.” The underlying alleged violation was the report by a resident’s family member that a staff member “slapped the resident in her face,” which the citation states the facility failed to report to regulatory authorities in compliance with facility procedure stating that reports “must be made immediately upon having reasonable cause.” A plan of correction undertaken by the facility included the in-servicing of facility staff on relevant policy.

St. Mary’s Center received 26 citations for violations of public health code between 2016 and 2019, according to New York State Department of Health records accessed on February 7, 2020. The Manhattan nursing home’s citations resulted from a total of three surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home failed to prevent residents from taking unnecessary drugs. Section 483.45 of the Federal Code requires that nursing home facilities maintain “each resident’s drug regimen… free from unnecessary drugs.” A March 2017 citation found that St. Mary’s Center did not ensure each of its residents drug regimens were free of unnecessary drugs. An inspector specifically found that one of its residents was administered a certain anti-psychotic medication “without a clear continued indication for use, and without an attempt at gradual dose reduction within the last year.” The citation states that the resident was documented as having intact cognition, “no mood or potential indicators” of a redacted medical condition, “no hallucinations and no delusions,” as well as “no physical or verbal… behaviors noted.” The citation also states that there was no documented evidence that the facility attempted to gradually reduce the resident’s medication dosage, in accordance with federal regulations. A plan of correction undertaken by the facility included the reduction of the medication and continued monitoring of the resident.

2. The nursing home failed to prevent residents from taking unnecessary psychotropic medications. Section 483.45 of the Federal Code also requires that nursing homes ensure residents are not administered unnecessary psychotropic medications, which the code defines as “any drug that affects brain activities associated with mental processes and behavior.” A September 2019 citation found that two residents at Saint Mary’s Home were prescribed psychotropic medications for a redacted condition “with no evidence of behaviors to support the ongoing use of” medication for that condition, and without any attempted gradual dose reductions within the previous two years. A plan of correction undertaken by the facility included the evaluation of both residents by a psychiatrist and attending physician, and the completion for one resident of a gradual dose reduction.

Northern Riverview Health Care Center received 26 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on February 14, 2020. The Haverstraw nursing home’s citations resulted from a total of three surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not keep residents’ drug regimens free from unnecessary psychotropic medications. Section 483.45 of the Federal Code requires nursing homes to keep resident drug regimens free from medications that affect “brain activities associated with mental processes and behavior.” A November 2018 citation found that Northern Riverview Health Care Center did not ensure such. The citation specifically describes a resident for whom the facility did not implement a gradual dose reduction or provide sufficient documentation contra-indicating gradual dose reduction for the use of a medication to treat depression and another redacted disorder. A plan of correction undertaken by the facility included the evaluation of the resident by a psychiatrist and the discontinuation of the medication.

2. The nursing home did not implement proper measures to prevent and control infection. Section 483.80 of the Federal Code requires nursing homes to create and maintain “an infection prevention and control program designed to provide a safe, sanitary and comfortable environment.” A November 2018 citation found that Northern Riverview Health Care Center did not take ensure such a program was maintained. An inspector specifically observed a resident caring for her tracheostomy tube with an improper technique and without using proper hand hygiene measures. In an interview, the resident stated that she had been taught to perform the activity by a doctor in a hospital rather than by facility staff. The citation states further that the resident’s care plan contained no evidence that facility staff trained the resident or attempted to train her to care for her device in a manner that would prevent the potential spread of infection and cross contamination. The citation describes this deficiency as having the “potential to cause more than minimal harm.”

Campbell Hall Rehabilitation Center received 48 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on February 20, 2020. The facility has also been the subject of a 2016 fine of $12,000 in connection to findings during a 2013 inspection that it violated health code provisions regarding accidents and resident assessments; a 2016 fine of $4,000 in connection to findings during a 2011 inspection that it violated health code provisions regarding accidents and administration; and a 2016 fine of $2,000 in connection to findings during a 2015 inspection that it violated health code provisions regarding the adequate maintenance of hydration. The Campbell Hall nursing home’s citations resulted from a total of five surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not adequately supervise its residents. Section 483.25 of the Federal Code requires nursing homes to provide a resident environment “as free of accident hazards as is possible” as well as “adequate supervision and assistance devices to prevent accidents.” A June 2019 citation found that Campbell Hall Rehabilitation Center did not adequately supervise a resident’s smoking and use of oxygen.  The citation states specifically that a smoking assessment was not completed before the resident was provided cigarettes, and that such an assessment would have identified “smoking safety/hazard risks and strengths,” and would have “initiated care plans with measurable goals and interventions” for the resident. A plan of correction undertaken by the facility included the education of nursing staff and a smoking assessment of the resident.

2. The nursing home did not take adequate measures to ensure the prevention and control of infection. Under Section 483.80 of the Federal Code, nursing homes “must establish and maintain an infection prevention and control program designed to provide a safe, sanitary and comfortable environment.” A June 2019 citation found that Campbell Hall Rehabilitation Center did not establish and/or maintain such. The citation states specifically that the nursing home neglected to “develop a site-specific water management plan for testing for Legionella.” The citation goes on to state that the nursing home had no “sampling plan” established, and “did not obtain required water samples” to test for Legionella. A plan of correction undertaken by the facility included the contacting of its water system operator to take the necessary tests.

Glen Arden received 15 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on February 20, 2020. The Goshen nursing home’s citations resulted from a total of three surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not employ adequate measures to prevent elopement. Section 483.25 of the Federal Code requires nursing homes to provide residents with “adequate supervision and assistance devices to prevent accidents.” An October 2018 citation found that Glen Arden did not adequately supervise one resident “with cognitive impairment” to prevent elopement. The citation states specifically that the nursing home “did not ensure that electronic devices functioned effectively to alert the staff, prevent unsafe wandering and elopement.” As a result, according to the citation, the resident managed to “bypass an alarm device” and exit the premises unbeknownst to staff. The citation states additionally that the facility was not “free from accident hazards,” noting that “multiple areas in both resident units… had poorly maintained flooring.” The citation states that these deficiencies had the “potential to cause more than minimal harm.”

2. The nursing home did not meet food safety standards. Section 483.60 of the Federal Code stipulates that nursing homes must ensure that they “Store, prepare, distribute and serve food in accordance with professional standards for food service safety.” An October 2018 citation found that Glen Arden did not ensure the storage of food in such a manner that food-borne illness was prevented. The citation states specifically that the nursing home did not prevent the storage of uncooked ground beef in a refrigerator beyond its shelf life; the storage of food on the floor of a walk-in refrigerator; and the maintenance of a walk-in freezer’s floor in a clean condition. The citation states that these deficiencies had the “potential to cause more than minimal harm.”

The Valley View Center for Nursing Care and Rehabilitation received 43 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on February 20, 2020. The Goshen nursing home’s citations resulted from a total of five surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not ensure an accident-free environment. Section 483.25 of the Federal Code requires nursing homes to keep resident environments “as free of accident hazards as is possible.” An August 2019 citation found that The Valley View Center for Nursing Care and Rehabilitation did not ensure such for two residents. The citation states specifically that a resident who was dependent on the assistance of two persons for bed mobility, toilet use, and transfer was transferred after restroom use by one person instead of two. The citation also states that another resident sustained a laceration to her leg while being transferred to her wheelchair from her bed with the assistance of a sliding board. A review of the incident found that the Certified Nursing Assistants who transferred the resident “were not trained prior to the date of the accident.” The citation states that these deficiencies had the “potential to cause more than minimal harm.”

2. The nursing home did not implement necessary steps to prevent and control infection. Section 483.80 of the Federal Code requires nursing homes to “establish and maintain an infection prevention and control program designed to provide a safe, sanitary and comfortable environment.” An August 2019 citation found that The Valley View Center for Nursing Care and Rehabilitation did not provide such an environment. A surveyor specifically found that the nursing home did not ensure its potable water system receiving required testing for Legionella and other water-borne pathogens. The surveyor also found that facility staff did not follow “proper hand hygiene to prevent cross contamination and the spread of infection for 3 residents.” A plan of correction undertaken by the facility included the testing of the water system and the education of relevant staff on proper hand hygiene.

Highland Rehabilitation and Nursing Center received 33 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on February 20, 2020. The Middletown nursing home’s citations resulted from a total of five surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not take adequate steps to prevent accidents. Under Section 483.25 of the Federal Code, nursing home facilities must “ensure that the resident environment remains as free of accident hazards as is possible; and [that] each resident receives adequate supervision and assistance devices to prevent accidents.” A March 2016 citation found that Highland Rehabilitation and Nursing Center did not ensure residents’ environment was sufficiently free of accident hazards, nor that two residents were provided adequate supervision. The citation states specifically that the facility did not implement measures “to minimize or prevent injuries relating to falling out of bed unto [sic] a hard surface” for one resident, and that the facility nursing staff did not ensure the other resident wore proper footwear to prevent falls. A plan of correction undertaken by the facility included the updating of the residents’ care plans with new interventions to prevent falls.

2. The nursing home did not meet food safety standards. Section 483.60 of the Federal Code states that nursing homes just “Store, prepare, distribute and serve food in accordance with professional standards for food service safety.” An April 2018 citation found that Highland Rehabilitation and Nursing Center did not ensure the food items in “nourishment refrigerators” in certain nursing unites “were stored in accordance with acceptable standards.” The citation states specifically that food in one fridge was not labeled with a resident’s name and was outdated, in contravention of facility policy; that another food item was labeled with a name but not dated; and that outdated food was also present in the fridge. A plan of correction undertaken by the facility included the discarding of the outdated and undated food.

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