Brookside Multicare Nursing Center Cited, Fined $34,000

Brookside Multicare Nursing Center received 37 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on March 27, 2020. The facility has also received four fines: a 2019 fine of $10,000 in connection to findings in a 2018 inspection that it violated unspecified health code provisions; a 2016 fine of $10,000 in connection to findings in a 2014 inspection that it violated health code provisions regarding resident rights, quality of care, and administrative practices and procedures; a 2015 fine of $10,000 in connection to findings in a 2014 inspection that it violated health code provisions regarding quality of life, accidents and supervision, and administrative practices and procedures; and a 2012 fine of $4,000 in connection to findings in a 2011 inspection that it violated health code provisions regarding quality of care and administrative practices. The Smithtown 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 measures to prevent accidents. Section 483.25 of the Federal Code requires nursing home environments to remain “as free of accident hazards as is possible.” A January 2018 citation found that Brookside Multicare Nursing Center did not ensure such. The citation states specifically that a resident who “had severely impaired cognition and required assistance with bed mobility and transfers” was discovered with his bed against his room’s heating unit and his legs “resting on the heating unit,” having sustained “extensive” burns. The resident was later transferred to a hospital. In interviews, facility staff said they did not know how the resident’s legs ended up on the radiator.

2. The nursing home did not take adequate measures to prevent and control infection. Section 483.80 of the Federal Code requires nursing homes to “establish an infection prevention and control program.” A June 2017 citation found that Brookside Multicare Nursing Center did not ensure that its staff followed such a program. The citation found specifically that a Certified Nursing Assistant “was observed to have placed soiled bed linens on the floor and to exit the room wearing gloves.”  A plan of correction undertaken by the facility included the educational counseling of the CNA and the in-servicing of all nursing staff concerning the facility’s Infection Control policy “with emphasis on disposal of soiled linens, appropriate use of gloves & hand washing.”

3. The nursing home did not adequately follow food safety procedures. Section 483.35 of the Federal Code states that nursing homes must “Store, prepare, distribute and serve food under sanitary conditions.” A May 2016 citation found that Brookside Multicare Nursing Center did not ensure the maintenance of sanitary conditions in its kitchen area. The citation states specifically that “the test kit to ensure adequate sanitizing agent for the hot water dish machine was not available” and that certain kitchen areas were “poor repair and in need of cleaning and/or maintenance.” A plan of correction undertaken by the facility included the acquisition of test kits, a cleaning of relevant areas, and the contacting of a pest control company to ensure drains were clean and “free of any drain flies.”

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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