Bushwick Center for Rehabilitation and Health Care for Unnecessary Drugs

Bushwick Center for Rehabilitation and Health Care received 27 citations for violations of public health code between 2015 and 2019, according to New York State Department of Health records accessed on January 16, 2020. The Brooklyn nursing home’s citations resulted from a total of four surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not follow food safety standards. Section 483.60 of the Federal Code requires nursing home facilities to “Store, prepare, distribute and serve food in accordance with professional standards for food service safety.” A January 2019 citation found that Bushwick Center for Rehabilitation and Health Care did not ensure the maintenance of cold food at proper temperatures. An inspector specifically found that tuna salad was stored at a temperature of 46 degrees Fahrenheit. The citation notes that facility policy and procedures governing food temperatures state that “potentially hazardous cold food items” such as tuna salad should be kept at an internal temperature at or below 41 degrees Fahrenheit. In an interview, one of the facility’s Dietary Aides stated that the temperature of the tuna salad was not taken prior to the preparation of sandwiches “since this is not a standard procedure to take the temperature of food items.” A plan of correction undertaken by the facility in response to the citation included the immediate disposal of the tuna salad and sandwiches that registered above 41 degrees.

2. The nursing home did not follow proper prevent and control infection practices. Under Section 483.80 of the Federal Code, nursing home facilities are required to “establish and maintain an infection prevention and control program” that fosters a “safe, sanitary and comfortable environment.” A January 2019 citation found that the nursing home did not maintain infection control practices in a manner adequate to prevent the development and transmission of diseases and infections. An inspector specifically observed a resident’s Foley Catheter drainage bag and tubing touching the floor and floor mats; and facility staff entering the room of a resident on contact precautions without wearing personal protective equipment. The citation states that these deficiencies had the “potential to cause more than minimal harm.”

3. The nursing home did not maintain resident drug regimens free of unnecessary drugs. Section 483.25 of the Federal Code states that nursing home residents’ drug regimens “must be free from unnecessary drugs.” A January 2016 citation found that Bushwick Center for Rehabilitation and Health Care did not ensure such for one resident’s drug regimen. The citation found specifically that there was no documented reason for the continued use of an anti-psychotic medication by the resident in question, and that the facility did not attempted a gradual dose reduction of the resident’s medication. A plan of correction undertaken by the facility included the resident’s reassessment by a psychiatrist and an order to decrease and discontinue the medication.

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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