Articles Posted in coronavirus

Creekview Nursing and Rehab Center received 119 citations for violations of public health laws between 2017 and 2021, according to New York State Department of Health records accessed on April 1, 2021. The facility has also received seven fines since 2013, totaling $62,000, over findings of health code violations. The Rochester nursing home’s citations resulted from a total of 13 inspections by state surveyors. The deficiencies they describe include the following:

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In addition to infection control lapses, the New York nursing home was also cited for medication errors.

1. The nursing home did not provide an adequate level of care for pressure ulcers. Section 483.25 of the Federal Code stipulates that nursing homes must ensure residents with pressure ulcers receive necessary treatment and services to promote healing and prevent infection. An October 2020 citation found that Creekview Nursing and Rehab Center failed to ensure such. The citation states specifically that one resident’s pressure ulcer and skin “were not properly cleaned,” that “the correct dressing was not applied,” and that “the resident was not repositioned as care planned.” A plan of correction undertaken by the facility included the counseling of the Licensed Practical Nurse who completed the care, as well as Certified Nursing Assistants who cared for the resident.

The Grand Rehabilitation and Nursing at Mohawk received 44 citations for violations of public health laws between 2017 and 2021, according to New York State Department of Health records accessed on April 1, 2021. The facility has also received three fines since 2019, totaling $22,000, over findings of health code violations. The Ilion nursing home’s citations resulted from a total of 10 inspections by state surveyors. The deficiencies they describe include the following:

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The nursing home in New York was also cited for medication errors.

1. The nursing home did not employ adequate measures to control infection. Section 483.80 of the Federal Code stipulates that nursing homes must help prevent the transmission of communicable diseases and infections by creating and upholding an infection control program. A December 2020 citation found that The Grand Rehabilitation and Nursing at Mohawk failed to ensure such. The citation states specifically that two Certified Nursing Aides “tested positive for COVID-19 and returned to work” before completing a 14-day quarantine and receiving negative PCR tests. Guidance at the time held that nursing home employees who test positive and remain asymptomatic were not eligible to return to work for 14 days from their positive result, while symptomatic employees were required to wait 14 days plus 3 days since the resolution of fever. The citation states that this deficiency had the “potential to cause more than minimal harm.”

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New York Governor Andrew Cuomo has not yet indicated whether he will sign the nursing home immunity legislation.

Last week New York state legislators repealed immunity protections granted to nursing homes earlier this year. On March 26th, the Journal News reported, the New York Senate “voted unanimously to approve legislation that would repeal the Emergency Disaster Treatment Protection Act, which provides immunity to health care providers from potential liability arising from certain decisions, actions and omissions related to the care of people during the COVID-19 pandemic.” The repeal legislation was sponsored by Senator Alessandra Biaggi and co-sponsored by Senators Leroy Comrie, Julia Salazar, and Jessica Ramoz.

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The US Attorney’s Office for the Eastern District of New York is overseeing the nursing home data inquiry.

A new report by the New York Times details the federal investigation into whether New York Governor Andrew Cuomo and his aides “provided false data” to the US Justice Department about resident deaths at the state’s nursing homes. According to the report, FBI agents have interviewed New York Health Department officials and issued subpoenas to Governor Cuomo’s offices for “documents related to the disclosure of data last year.” The investigation remains ongoing.

Federal investigators have questioned officials about data submitted to the federal government regarding Covid-19 case rates and death rates in New York nursing homes, conducting interviews in person and over the phone, per the Times report. The investigation may “add to the legal pressure faced by Mr. Cuomo, as well as by his most senior aides,” it states. Continue reading

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An investigation found that nursing homes with five-star ratings often received citations for abuse and neglect.

A new investigation by the New York Times examines how nursing homes use the star rating system to “mislead the public.” As the article explains, the nursing home star rating system, in which one star is the lowest rating and five star is the highest ratings, has been “a popular way for consumers to educate themselves and for nursing homes to attract new customers.”

However, the report suggests, the system in fact offers “a distorted picture of the quality of care” at nursing homes, with many facilities manipulating the rating system to conceal failings that led to disproportionate nursing home resident deaths during the Covid-19 pandemic. The Times ultimately found that residents “at five-star facilities were roughly as likely to die of the disease as those at one-star homes.” Continue reading

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The Stamford, New York nursing home has also received $26,000 in fines.

Robinson Terrace Rehabilitation and Nursing Center suffered 15 confirmed and 7 presumed COVID-19 deaths as of February 28, 2021, according to state records. The facility has also received 46 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on February 12, 2020, as well as three fines totaling $26,000 since 2012. The Stamford nursing home’s citations resulted from a total of three surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not provide adequate pressure ulcer care. Section 483.25 of the Federal Code requires that nursing homes provide residents with professional levels of care to prevent pressure ulcers from developing and to promote the healing (and prevent the infection of) existing ulcers. An October 2020 citation found that Robinson Terrace Rehabilitation and Nursing Center failed to ensure such. The citation states specifically that the nursing home did not implement professional standards of practice for infection control after changing the dressing on a resident’s pressure ulcer, and that the resident was not turned and positioned from one side to another every two hours in accordance with their care plan. The citation goes on to describe a dressing change in which a Licensed Practical Nurse did not perform proper hand hygiene or change gloves between the removal of one wound’s dressing and the removal of another, on the same resident. In an interview, the LPN stated that care for these wounds “was regularly performed together, despite the wounds being separate wounds” and having separate physicians’ orders for wound care. A plan of correction undertaken by the facility included the reeducation of the LPN in question.

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A row of walkers in a nursing home.

Humboldt House Rehabilitation and Nursing Center received 61 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on February 19, 2021. The facility has also received enforcement actions: a 2020 fine of $2,000 in connection to findings it violated Covid-19 testing regulations; a 2020 fine of $50,000 in connection to findings of health code violations; a 2018 fine of $10,000 in connection to findings of unspecified health code violations; and a 2017 fine of $2,000 in connection to findings it violated health code provisions regarding quality of care. The Buffalo nursing home’s citations resulted from a total of 11 surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not protect residents from neglect. Section 483.12 of the Federal Code ensures nursing home residents “the right to be free from abuse, neglect, misappropriation of resident property, and exploitation.” A September 2019 citation found that Humboldt House Rehabilitation and Nursing Center failed to ensure such. The citation states specifically that for a resident with a suspected fracture, the nursing home failed to implement a physician’s orders, the substance of which are redacted. The citation goes on to state that the facility did not apply “an immobilizer/sling and left wrist brace… to immobilize the resident’s left upper extremity (LUE) as ordered.” A plan of correction undertaken by the facility included the transfer of the resident to the emergency room to rule out a fracture.

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A person holding a walker heads toward the entrance of a nursing home.

A new report in Gothamist examines the debate over a proposed state law setting requirements for staffing levels in New York nursing homes. The Safe Staffing for Quality Care Act, which has previously passed the New York Assembly but has never been approved by the full state legislature, would create minimum staffing levels in the state’s hospitals and nursing homes. In hospitals, this would mean 25,000 new employees; in nursing homes, it would mean 45,000 new employees. Continue reading

Bridgewater Center for Rehabilitation & Nursing suffered 26 confirmed and 15 presumed COVID-19 deaths as of February 4, 2021, according to state records. The facility has also received 41 citations for violations of public health code between 2017 and 2020, according to New York State Department of Health records accessed on February 12, 2020. The Binghamton 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 implement proper measures to prevent medication errors. Under Section 483.45 of the Federal Code, nursing homes are required to keep residents “free of any significant medication errors.” A June 2017 citation found that Bridgewater Center for Rehabilitation & Nursing failed to ensure such for three residents. In one case, the citation states, a resident’s orders for an antipsychotic medication “were not clarified when a change in dosage was made.” In two other cases, residents who had orders for fingerstick and sliding scale insulin administration during mealtimes were not administered such according to meal times. A plan of correction undertaken by the facility included the in-servicing of nursing staff on medication policies and procedures.

2. The nursing home did not provide adequate treatment and services to prevent and heal pressure ulcers. Section 483.25 stipulates that nursing homes must provide residents with receive care and services to prevent the development of pressure ulcers, and to provide residents with pressure ulcers necessary treatment and services to promote healing and prevent infection. A June 2017 citation found that Bridgewater Center for Rehabilitation & Nursing failed to ensure such. The citation states specifically that a resident who was documented at risk for pressure ulcer development, and who used a pressure-reducing device in their chair and bed, had no documented evidence that they were provided with off-loading boots per their care instructions, and ultimately developed a pressure ulcer on their left heel. In a pair of interviews, a nurse at the facility stated that the resident had refused to wear the boots. A plan of correction undertaken by the facility include the in-servicing of nursing staff on the facility’s pressure ulcer policies and procedures.

A recently released report by New York Attorney General Letitia James suggests that testing failures at the beginning of the Covid-19 pandemic may have put nursing home residents at increased risk of infection from the novel coronavirus. At the pandemic’s outset in March 2020, the report notes, there was limited Covid-19 testing capacity, and once many nursing homes received tests they nonetheless experienced delays in receiving results. “The lack of testing increased the risk of COVID-19 infection of residents and staff,” the Office of the Attorney General’s (OAG) report ultimately finds, especially with respect to asymptomatic cases. Continue reading

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