Articles Posted in Nursing Home Violations

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A nursing home based in Syracuse, New York has received 57 health citations since 2017.

Van Duyn Center for Rehabilitation and Nursing has received 57 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on April 8, 2021. The facility has additionally received seven fines totaling $90,000 since 2008. The Syracuse nursing home’s citations resulted from a total of 15 surveys by state inspectors. The deficiencies they describe include the following: Continue reading

Wesley Gardens Corporation received 75 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 2016, totaling $16,000, over findings of health code violations. The Rochester nursing home’s citations resulted from a total of six inspections by state surveyors. The deficiencies they describe include the following:

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The nursing home in upstate New York has also received $16,000 in fines since 2016.

1. The nursing home did not adequately prevent medication errors. Under Section 483.45 of the Federal Code, nursing homes must maintain medication error rates below five percent. An August 2019 citation found that Wesley Gardens Corporation failed to ensure such. The citation states specifically that while a resident’s physicians orders stated that their medications were to be administered at 9am, they were observed being administered at 11:10am. In an interview, the Licensed Practical Nurse who administered the medications stated that they were administered late because there was “only one nurse passing medications on the unit,” and that four other residents also received late medication administration. A plan of correction undertaken by the facility included the counseling of the LPN.

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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The New York nursing home has received citations for medication errors and pressure ulcer care.

Salamanca Rehabilitation & Nursing Center has received received 68 citations for violations of public health code between 2017 and 2021, according to health records accessed on March 19, 2021. The Salamanca nursing home’s citations resulted from a total of four surveys by state inspectors. The violations they describe include the following:

1. The nursing home did not ensure that residents were protected from the use of unnecessary drugs. Section 483.45 of the Federal Code stipulates that nursing home residents’ drug regimens “must be free from unnecessary drugs.” An August 2019 citation found that Salamanca Rehabilitation & Nursing Center failed to ensure such. The citation states specifically that one resident was kept on an antibiotic regimen “without adequate indications for its use.” In an interview, the facility’s Assistant Director for Nursing said that the underlying symptoms, “a single episode of burning upon urination” and an increase in temperature, did not meet the nursing home’s “criteria for antibiotic use.” A plan of correction undertaken by the facility included a review of its antibiotics policies and procedures.

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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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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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