Boro Park Center for Rehabilitation and Healthcare Cited for Elopement

Boro Park Center for Rehabilitation and Healthcare received 31 citations for violations of public health laws between 2015 and 2019, according to New York State Department of Health records accessed on December 7, 2019. The facility was also the subject of a 2018 fine of $10,000 in connection to “multiple deficiencies” described in a December 2017 survey. The Brooklyn nursing home’s citations resulted from a total of five inspections by state authorities. The violations they describe include the following:

1. The nursing home did not provide adequate care and services to sustain the resident’s highest practicable well-being. Section 483.24 of the Federal Code requires that nursing homes provide each resident with “the necessary care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being, consistent with the resident’s comprehensive assessment and plan of care.” A December 2017 citation found that the nursing home failed to provide services in accordance with professional quality standards. An inspector specifically found that a resident had received numerous physician orders that “were not carried out,” such as orders directing blood tests, urine tests, and outpatient surgery. The citation notes that a facility Medical Doctor twice examined the resident but “did not document resident status or MD recommendations” on the resident’s record. The citation states that these failures resulted in the potential delay of care for a leak in the resident’s feeding tube. The survey referenced in this citation was the survey resulting in the 2018 fine of $10,0000 against Boro Park Center for Rehabilitation and Healthcare.

2. The nursing home did not protect residents from accident hazards. Under Section 483.25 of the Federal Code, nursing home facilities must maintain an environment as free as possible from accident hazards, and provide adequate supervision and assistive devices to prevent residents from experiencing accidents. A July 2019 citation found that the resident failed to provide adequate supervision to residents. An inspector specifically found that the nursing home failed to adequately monitor a resident who left the premises “undetected by staff.” According to the citation, the resident was discovered missing at 10:30 PM on the evening in question, and was later returned from the home of one of his emergency contacts. As a result of the incident, the Certified Nursing Assistant who reported him missing was suspended, and the resident was placed on wander guard and re-assessed as at high risk of elopement.

3. The nursing home did not adequately uphold food safety measures. Under Section 483.60 of the Federal Code, nursing homes are required to “store, prepare, distribute and serve food in accordance with professional standards for food service safety.” A July 2019 citation found that the nursing home did not maintain all its food supervise equipment in a clean and sanitary fashion. An inspector specifically observed that the facility’s meat slicing machine contained debris even after it had been cleaned by staff. The citation states that two of its knobs had a “grime like substance” and that “dried debris was observed on the blade.” The citation states that this deficiency 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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