coronavirus

May 23, 2022

Waters Edge Rehab & Nursing Center at Port Jefferson: Pressure Ulcer Citation

by Law Offices of Thomas L. Gallivan, PLLC

Waters Edge Rehab & Nursing Center at Port Jefferson received a total of 22 citations between 2018 and 2022 as a direct result of six inspections by state surveyors.

Waters Edge Rehab & Nursing Center at Port Jefferson received 22 citations for violations of public health code between 2018 and 2022, according to New York State Department of Health records accessed on May 13, 2022. The Port Jefferson nursing home’s citations resulted from a total of six inspections by state surveyors. The deficiencies they describe include the following:

1. The citation did not effectively care for residents’ pressure ulcers. Section 483.25 of the Federal Code stipulates that nursing homes must ensure residents receive a level of care adequate to prevent the avoidable development of pressure ulcers, and that residents with pressure ulcers receive care and services to promote both their healing and the development of additional ulcers. A February 2022 citation found that Waters Edge Rehab & Nursing Center at Port Jefferson failed to ensure such. The citation specifically describes a resident with a pressure ulcer on their right heel for whom “facility staff did not consistently conduct weekly assessments.” In fact, the citation states, the resident was not referred to the facility’s wound care team “until 18 days after the PU [pressure ulcer] was first identified.” In an interview, the facility’s Director of Nursing Services said that “should have been seen by the wound care nurse as soon as possible on the day of the PU identification.” A plan of correction undertaken by the facility included the counseling and education of two certified nursing assistants.

May 18, 2022

Westhampton Care Center Cited for Infection, Psychotropic Meds

by Law Offices of Thomas L. Gallivan, PLLC

Westhampton Care Center received 17 citations for being in violation of public health code between 2018 and 2022 after a total of 4 inspections by state surveyors.

Westhampton Care Center received 17 citations for violations of public health code between 2018 and 2022, according to New York State Department of Health records accessed on May 13, 2022. The Westhampton nursing home’s citations resulted from a total of four inspections by state surveyors. The deficiencies they describe include the following:

1. The nursing home did not properly ensure the prevention and control of infection. Under Section 483.80 of the Federal Code, nursing homes “must establish and maintain an infection prevention and control program designed to provide a safe, sanitary and comfortable environment and to help prevent the development and transmission of communicable diseases and infections.” A January 2022 citation found that Westhampton Care Center failed to ensure such. The citation specifically describes an instance in which a Licensed Practical Worse “did not wear appropriate personal protective equipment (PPE) when providing medications and checking blood sugar” for a resident on contact and droplet precautions. It goes on to state that the LPN “did not wear gloves while administering insulin” to the resident, and describes two separate instances in which staffers failed to wear proper PPE while tending to residents on contact and droplet precautions, in contravention of the facility’s Covid-19 policies. A plan of correction undertaken by the facility included the counseling of relevant staff.

April 5, 2022

Terence Cardinal Cooke Health Care Center Cited for Infection Control

by Law Offices of Thomas L. Gallivan, PLLC

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Terence Cardinal Cooke Health Care Center has received 29 citations for being in violation of public health code since 2018 after a total of 6 surveys were performed by state inspectors.

Terence Cardinal Cooke Health Care Center has received 29 citations for violations of public health code between 2018 and 2022, according to New York State Department of Health records accessed on April 1, 2022. The Manhattan nursing home’s citations resulted from a total of six surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not properly prevent and control infection. Section 483.80 of the Federal Code requires nursing homes to create and uphold a program designed to help prevent the development and transmission of diseases and infections. A March 2021 citation found that Terence Cardinal Cooke Health Care Center failed to ensure such. The citation specifically describes an instance in which a massage therapist performed services in the room of a resident on contact and droplet precautions, but without wearing personal protective equipment, as required by state guidance and facility policy. In an interview, the facility’s administrator said that the staffer “should have been wearing mask, gown, gloves, and face shield since they were touching the resident.” A plan of correction undertaken by the facility included the education of the massage therapist on the use and disposal of PPE.

April 2, 2022

Coler Rehabilitation and Nursing Care Cited for Sex Abuse

by Law Offices of Thomas L. Gallivan, PLLC

Coler Rehabilitation and Nursing Care Center has received 27 citations for being in violation of public health code since 2018 after a total of six surveys by state inspectors found multiple deficiencies within the Roosevelt Island nursing home.

Coler Rehabilitation and Nursing Care Center has received 27 citations for violations of public health code between 2018 and 2022, according to New York State Department of Health records accessed on March 25, 2022. The Roosevelt Island nursing home’s citations resulted from a total of six surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not protect residents from sexual abuse. Under Section 483.12 of the Federal Code, nursing home residents have the right “to be free from abuse,” including sexual abuse. A January 2022 citation found that Coler Rehabilitation and Nursing Care Center failed to ensure such. The citation specifically describes in which a resident allegedly wheeled another resident into a stairwell and touched her “breasts and pelvic area,” to which the latter resident said she “did not consent.” In an interview, the facility’s risk manager stated that even though the incident had been recorded over on the facility’s cameras, an investigation concluded that “the allegation did occur,” because of the victim’s “consistent interview and emotions regarding the allegation.” A plan of correction undertaken by the facility included the notification of police, restrictions on the resident who allegedly perpetrated the abuse, and training of nursing staff.

March 22, 2022

Report: New York Undercounted Nursing Home Covid-19 Deaths

by Law Offices of Thomas L. Gallivan, PLLC

The New York Times recently reported findings which found that former Governor Cuomo’s administration undercounted thousands of Covid-related deaths in nursing homes after omitting the number of patients that were taken to hospitals and died there.

A recent report by the New York Times describes findings by the New York state comptroller that former Governor Andrew Cuomo’s administration “failed to publicly account for the deaths of about 4,100 nursing home residents in New York during the pandemic.” According to an audit by the comptroller’s office, between April 2020 and February 2021, the Cuomo Administration’s Health Department “underreported the full death toll by as much as 50 percent.” Continue reading

February 10, 2022

NY Nursing Home Workers Call for Stricter Enforcement of Staffing Law

by Law Offices of Thomas L. Gallivan, PLLC

A new law that was passed in New York will require all nursing homes to provide residents with 3.5 hours of personal nursing care per day, but many nursing homes are not meeting these requirements and due to a staffing shortage the law has been placed on hold until the end of this month.

A new law in New York requires nursing homes to provide residents with 3.5 hours of direct nursing care per resident day. Though this law recently went into effect, a recent NPR report found, the state’s nursing homes are still falling short of the newly required threshold. “Of the 21 Western New York nursing homes to average more than 3.5 care hours” during the most recent 90-day quarter covered by federal data, the report states, “almost all had at least one day where they were below that benchmark.” More than 50% of those nursing homes fell below the benchmark for at least two weeks. Continue reading

February 9, 2022

US Nursing Home Covid-19 Deaths Hit 200,000

by Law Offices of Thomas L. Gallivan, PLLC

Recent data shows that over 200,000 residents of nursing homes and care facilities have died of Covid-19 since 2020 and that now numbers have dropped due to increased vaccination rates among the residents, along with improved conditions and increased safety measures.

Data provided by the Centers for Disease Control show that more than 200,000 residents and employees of long-term care facilities have lost their lives to Covid-19 in the last two years. According to a report on the data by the nonprofit KFF, that figure represents “at least 23% of all COVID-19 deaths in the US.” Long-term care facility deaths used to represent a larger share of Covid-19 deaths in the US, comprising “nearly half of all deaths nationally” at the beginning of emergency. As KFF notes, the number has fallen largely thanks to high resident vaccination rates, increasing staff vaccination rates, “an increased emphasis on infection control procedures,” as well as shrinking nursing home populations. Continue reading

February 3, 2022

The Grand Rehabilitation and Nursing at Guilderland: Medication Errors

by Law Offices of Thomas L. Gallivan, PLLC

The Grand Rehabilitation and Nursing at Guilderland was fined a total of $78,000 in 2015 and has received 88 citations for being in violation of public health code since 2018.

The Grand Rehabilitation and Nursing at Guilderland has received 88 citations for violations of public health code between 2018 and 2021, according to New York State Department of Health records accessed on January 29, 2022. The recipient of $78,000 in fines since 2015, the facility was placed on the Center for Medicare and Medicaid Services’ list of Special Focus Facilities candidates, nursing homes with a record of quality issues. The Altamont nursing home’s citations resulted from a total of eight surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not adequately prevent medication errors. Under Section 483.45 of the Federal Code, nursing homes are required to ensure that residents “are free of any significant medication errors.” An August 2021 citation found that The Grand Rehabilitation and Nursing at Guilderland failed to ensure such. The citation states specifically that the facility failed to ensure one resident received their prescribed medications. It goes on to describe several instances in which the resident’s medications were not given as ordered, noting that there was no documentation that the resident’s doctor or nurse practitioner were notified of the missing doses. In an interview, the facility’s Director of Nursing said that “the expectation is that the medical provider would be notified that a dose was not given and a note placed in resident’s medical record to reflect the notification.” A plan of correction undertaken by the facility included the re-education of nurses and providers regarding medication administration policies and procedures.

January 29, 2022

Private Equity Firms Are Taking over Nursing Homes, to Residents’ Detriment

by Law Offices of Thomas L. Gallivan, PLLC

Private equity firms are beginning to take ownership of nursing homes and take over the long-term care in the United States and research has shown that this has negatively impacted the quality of care given to nursing home residents.

In a recent presentation at the annual Consumer Voice conference, nursing home experts Ernest Tosh and Eileen O’Grady unpacked the adverse effects of private equity ownership of nursing homes. The presentation, available in clips on Consumer Voice’s website, explains how private equity firms are increasingly taking over the long-term care industry in the United States. Research suggests their takeover has “increased the short-term mortality of Medicare residents by 10%, resulting in 20,150 more deaths over a twelve-year period.” They use a number of practices, the presenters said, to “extract as much money out of nursing homes as possible,” often resulting in a lower quality of care for residents. Continue reading

January 27, 2022

New York Budget Skips Nursing Home Covid Compensation Fund

by Law Offices of Thomas L. Gallivan, PLLC

Last year state assemblyman, Ron Kim, proposed funding that would be distributed to those families who lost relatives in nursing homes during the pandemic but Governor Hochul has declined this proposal and will not be including this payout in her $216.3 billion budget.

New Yorkers whose relatives died as the Covid-19 pandemic swept through the state’s nursing homes have released harsh criticism of Governor Kathy Hochul over her decision not to include in her budget proposal a $4 billion compensation fund for victims of the pandemic’s deadly toll on nursing home residents. According to a report by the New York Post, a proposal for the fund was brought forward last year by state Assemblyman Ron Kim, but Hochul ultimately declined to include it in her $216.3 billion budget for the state. Continue reading