Absolut Center for Nursing and Rehabilitation at Aurora Park: 30 Covid-19 Deaths

Absolut Center for Nursing and Rehabilitation at Aurora Park suffered 30 deaths from Covid-19 as of May 24, 2020, per state records. The nursing home also received 69 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on May 26, 2020. The facility has additionally received three enforcement actions: a 2017 fine of $10,000 in connection to findings in a 2016 inspection that it violated health code provisions regarding accidents; a 2016 fine of $10,000 in connection to findings in a 2015 inspection that it violated health code provisions regarding pressure sores; and a 2016 fine of $4,000 in connection to findings in a 2013 inspection that it violated health code provisions regarding accidents and administrative matters. The East Aurora nursing home’s citations resulted from a total of six inspections by state surveyors. The deficiencies they describe include the following:

1. The nursing home did not take adequate infection control measures. Section 483.80 of the Federal Code stipulates that nursing homes must establish and implement an infection prevention and control program. A September 2018 citation found that Absolut Center for Nursing and Rehabilitation at Aurora Park did not ensure that its Legionella Management Program included an annually updated environmental assessment and management plan. The citation states that this deficiency affected all three of the facility’s resident use buildings; that about 25 months had passed since the updating of a document titled Environmental Assessment of Water Systems in Healthcare Settings; and that about 22 months had passed since the updating of documents titled Legionnaires Plan and Policy and Risk Management Plan for Legionella Control. A plan of correction undertaken by the facility included the establishment of an annual review of the policy in question.

2. The nursing home did not take adequate measures to prevent accidents. Section 483.25 of the Federal Code requires nursing home facilities to ensure resident environments remain as free as possible of accident hazards, and that residents receive adequate supervision to prevent accidents. A September 2016 citation found that Absolut Center for Nursing and Rehabilitation at Aurora Park did not ensure such. The citation states specifically that one resident “had issues involving the improper use of a sling and the use of the wrong size sling during multiple mechanical lift transfers.” It describes an incident in which the resident was being transferred, the sling broke, and the resident fell to the floor, suffering a fractured right ankle. According to the facility, the resident was sent to the emergency room. A plan of correction undertaken by the facility included the an audit of slings in the facility to ensure they were in good condition.

3. The nursing home did not store food in sanitary conditions. Section 483.60 of the Federal Code stipulates that nursing homes must ensure the storage, preparation, distribution, and service of food under sanitary conditions. A May 2017 citation found that Absolut Center for Nursing and Rehabilitation at Aurora Park did not ensure such. The citation states specifically that an inspector observed dishes, pots, pans, and colanders “that were ready for use were stacked or stored together wet and soiled with greasy brown and white colored substances, crusty brown colored substances and/ or green, red or tan colored substances, and plastic wrap.” An inspector also observed a cart that was soiled with debris, crumbs, and dust, though it contained “clean ready to use bowls and plates.” The citation goes on to describe soiled juice machines, a rack with chipped and peeling paint above a food preparation table, and both a microwave and freezers with soiled interiors. The citation states that these deficiencies had the “potential to cause more than minimal harm.”

The attorneys at the Law Offices of Thomas L. Gallivan, PLLC work diligently to protect the rights of nursing home residents.  Please contact us to discuss in the event you have a potential case involving neglect or abuse.

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