Articles Posted in Infection

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.”

Brooklyn-Queens Nursing Home received 15 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 Brooklyn nursing home’s citations resulted from a total of two inspections by state surveyors. The deficiencies they describe include the following:

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New York health inspectors found that the nursing home in Brooklyn did not provide residents with a safe, clean, comfortable, and homelike environment.

1. The nursing home did not employ adequate infection-control measures. Section 483.80 of the Federal Code requires nursing homes to create and uphold a program designed to prevent and control infection. A September 2019 citation found that Brooklyn-Queens Nursing Home failed to ensure such. The citation states specifically that an inspector observed “clean linens… resting on top of the garbage can in a resident’s room,” posing an infection risk. In an interview, a Certified Nursing Assistant who was providing the resident with care while the clean linens were observed un-bagged atop a garbage can said that “he knows he should not have done that as he has received in-service on infection control procedure and protocol.” The facility’s Director of Nursing affirmed in an interview that the CNA “should never have placed the soiled linen on the garbage can” and that the CNA would be re-educated on infection control policies and procedures. A plan of correction undertaken by the facility included the immediate discarding of the linens in question.

Pelham Parkway Nursing Care and Rehabilitation Facility received 25 citations for violations of public health laws between 2017 and 2021, according to New York State Department of Health records accessed on March 26, 2021. The Bronx nursing home’s citations resulted from a total of five inspections by state surveyors. The deficiencies they describe include the following:

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The New York Department of Health also cited the Bronx nursing home for failing to supervise a resident who left the facility undetected.

1. The nursing home did not adequately protect residents from sexual abuse. Section 483.12 of the Federal Code grants nursing home residents “the right to be free from abuse.” A December 2019 citation found that Pelham Parkway Nursing Care failed to ensure such. The citation states specifically that when “multiple facility staff suspected” that a resident “was sexually abusing his roommate… and reported it to the supervisors,” the supervisors in question failed to investigate the allegation or report it to the nursing home’s Director of Nursing. As such, the resident and his roommate “were not separated and continued to be roommates.” Records showed that in an interview, the resident “stated that he had performed an inappropriate sex act” and that “it was only once that he forced himself and sexually assaulted” his roommate, after which the two residents remained “in the same room for months.” The citation states that the Unit Supervisor told the resident “it was inappropriate to touch another resident without consent” but did not separate the residents or inform the Director of Nursing, believing the facility’s night supervisor “would do something about the allegation,” although he “did not discuss the incident with the night supervisor.” A plan of correction taken by the facility included the separation of the residents and the in-servicing of staff.

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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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A health inspector found that one resident of the New York nursing home kept his smoking paraphernalia when outside the designated smoking area and outside of designated smoking times.

The Eleanor Nursing Care Center has received received 48 citations for violations of public health code between 2017 and 2021, according to health records accessed on March 12, 2021, as well as two fines totaling $12,000 between 2016 and 2017. The Hyde Park nursing home’s citations resulted from a total of seven surveys by state inspectors. The violations they describe include the following:

1. The nursing home did not implement adequate measures to prevent accidents. Under Section 483.25 of the Federal Code, nursing homes are required to provide residents with environments as free as possible of accident hazards. A September 2019 citation found that The Eleanor Nursing Care Center failed to ensure such. The citation state specifically that “no ashtrays were observed in the designated smoking area” on several occasions, that eleven residents were observed “flicking cigarette ashes to the ground,” and that one resident “maintained possession of his personal smoking paraphernalia when not in the designated smoking area at scheduled smoking times,” in contravention of facility policy. A plan of correction undertaken by the facility included the purchase of non-combustible ashtrays and the education of staff on “the importance of safe disposal of ashes in the ashtrays.”

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The New York nursing home received 38 citations between 2017 and 2021, including for infection control lapses.

Chestnut Park Rehabilitation and Nursing Center has received received 38 citations for violations of public health code between 2017 and 2021, according to health records accessed on March 38, 2021. The Oneonta nursing home’s citations resulted from a total of three surveys by state inspectors. The violations they describe include the following:

1. The nursing home did not adequately protect residents from infectious disease. Under Section 483.80 of the Federal Code, nursing homes must develop and uphold policies and procedures that help prevent the transmission of infection. A June 2019 citation found that Chestnut Park Rehabilitation and Nursing Center failed to ensure such. The citation states specifically that in connection to one resident; the nursing home “the facility did not ensure soiled attends with feces was discarded appropriately”; in connection to a second resident, the nursing home did not uphold infection control standards during a dressing change; and in connection to two other residents, the nursing home did not ensure the proper administration of a test. The citation states that these deficiencies had the “potential to cause more than minimal harm.”

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The Albion, New York nursing home received 68 health and safety code citations between 2017 and 2021.

The Villages of Orleans Health and Rehabilitation Center has received received 68 citations for violations of public health code between 2017 and 2021, according to health records accessed on March 12, 2021, as well as two fines totaling $30,000 between 2018 and 2020. The Albion nursing home’s citations resulted from a total of 17 surveys by state inspectors. The violations they describe include the following:

1. The nursing home did not adequately protect residents from abuse. Under Section 483.12 of the Federal Code, nursing home residents have the right “to be free from abuse.” An August 2020 citation found that The Villages of Orleans Health and Rehabilitation Center failed to uphold this right for two residents. The citation states specifically that two residents “were observed engaged in sexual activity and per the physician lacked the cognitive ability to consent.” The citation goes on to state that the facility did not evaluate the residents in question after the incident in question to determine their capacity to consent to sexual activity. The facility’s Director of Nursing stated in an interview that the facility had no specific policy or procedure to determine such. A plan of correction undertaken by the facility included the transfer of one resident to a different unit and the discharge of the other resident.

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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 Delmar, New York nursing home has also received $20,000 in fines.

Delmar Center for Rehabilitation and Nursing has received 80 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on March 5, 2021, as well as two fines totaling $20,000 since 2013. The Delmar 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 adequately prevent medication errors. Section 483.45 of the Federal Code stipulates that nursing homes must ensure that “medication error rates are not 5 percent or greater.” A September 2020 citation found that Delmar Center for Rehabilitation and Nursing failed to ensure such. The citation states specifically that a medication error rate of 33.33% was observed during a medication pass, with four residents affected. Among other things, it describes a resident whose diabetes medication was administered more than ninety minutes after they were scheduled; a resident who refused their full dose but whose physician was not notified of such; and a resident whose medications were administered more than two-and-a-half-hours after they were scheduled. The citation states that these deficiencies had the “potential to cause more than minimal harm.”

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