Andrus On Hudson Cited for Accident Supervision

Andrus On Hudson received 22 citations for violations of public health laws between 2015 and 2019, according to New York State Department of Health records accessed on November 22, 2019. It also received a Department of Health fine of $12,000, in January 2013, over alleged violations of sections of the health code relating to the administrative practices and the quality of care provided to residents. The Hastings-on-Hudson nursing home’s citations resulted from a total of three inspections by state surveyors. The deficiencies they describe include the following:

1. The nursing home did not ensure an environment free of accident hazards. Section 483.25 of the Federal Code stipulates that nursing home facilities must provide residents with an environment as free as possible from accident hazards, as well as adequate supervision and assistive devices to prevent residents from experiencing accidents. A September 2107 citation describes Andrus on Hudson’s failure to ensure that one of four residents reviewed was provided an adequately maintained assistive device to prevent him from leaving the facility without staff authorization or knowledge. An inspector found specifically that a resident at high risk of elopement, and with a history of attempted elopement, had been provided with an electronic device designed to alert staff when the resident “wanders into certain unsafe and unmonitored areas.” However, the citation states, the facility’s care planning team did not properly maintain the device according to its manufacturer’s guidelines, and as a result of a “tag pick up field [that] was weak,” the resident was able to exit the facility without staff being alerted. An investigation revealed that the device had been used beyond its battery’s expiration date, which the staff were unaware of.

2. The nursing home did not ensure its resident drug regimens were maintained free from unnecessary drugs. Section 483.45 of the Federal Code states that nursing home facilities must keep “each resident’s drug regimen… free from unnecessary drugs,” which includes drugs used in excessive duration and/or without adequate monitoring. A July 2019 citation states that Andrus on Hudson did not provide ongoing monitoring of a resident’s use of an antipsychotic medication to treat hiccups. Facility staff, as well as a review of clinical records, revealed that the resident was not being monitored for use of the medication, and that there was no nurses’ note addressing the resident’s hiccups. The citation states that this deficiency had “potential to cause more than minimal harm.”

3. The nursing home did not follow food safety standards. Under Section 483.60 of the Federal Code, nursing homes must “store, prepare, distribute and serve food in accordance with professional standards for food service safety.” A July 2019 citation found that the facility did not take proper food storage measures, specifically by storing “undated, outdated, and/or expired foods” in two separate refrigerated units. An inspector observed ten bags of undated, uncooked ground beef; several undated and opened boxes of defrosted beef patties; an undated, opened box of uncooked bacon; an undated pan of tuna salad; an undated, opened, and partially used container of pre-cooked hard boiled eggs; an outdated or expired 4-pound case of defrosted chicken thighs; and more.

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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