N.Y. Legal Alert: Bronx Nursing Home Fined $18,000 by Department of Health

Bay Park Center for Nursing and Rehabilitation was recently fined $18,000 by the Department of Health. The fine stems from a certification survey in February of 2011, in which the facility was graded deficient in 23 various areas. Among these areas were failure to keep the facility free of accident hazards and failure to keep residents free from abuse.

A facility must ensure that it is as free of accident hazards as possible, and it must monitor residents and provide assistance devices to prevent accidents. In one instance documented in the DOH report, a resident who was known to be an elopement risk was able to elope from the facility. He returned the next day with his family. Despite knowing that he was at risk to leave the home if able, the facility did not implement wander guards for the resident, at his request. The resident was on 30-minute visual check rounds. During part of the period that he was missing, CNA’s had signed that they had seen him, thus falsifying records after the elopement.

A resident has the right to be free from abuse, including verbal, sexual, physical, and mental. The report illustrates a scenario in which a male resident entered a female’s room on several occasions and exposed himself to her. The victim described being scared for weeks following the incidents. Although the exposer did not make physical contact with the female resident, the RN Risk Manager at the facility did state that she understood that abuse could be verbal or mental in addition to physical.

As mentioned, there are twenty-three violations described in the DOH report. It is unclear for which particular deficiencies the fines were levied. A full copy of the Health Department’s report can be read here.

If you or a loved one has been a victim of abuse in a nursing home, contact the attorneys at Gallivan & Gallivan to protect your rights.

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