Articles Posted in Sexual Abuse

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A recent investigation found that many nursing homes are violating the rights of residents and putting them in danger but that they are able to appeal these decisions, which could lead to these violations being hidden from the public.

A shocking new investigation by the New York Times revealed extensive evidence that some of nursing homes’ most egregious rule violations, from infection control lapses to outright sexual assault, go undisclosed by the federal government even as state inspectors report them as putting residents in danger and breaching federal regulations.  Continue reading

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Houghton Rehabilitation & Nursing Center was fined in 2016 and has received a total of 18 citations in the last four years from multiple state inspectors for being in violation of public health code and for failing to properly care for its residents.

Houghton Rehabilitation & Nursing Center has received 18 citations for violations of public health code between 2017 and 2021, according to records accessed on December 4, 2021. It was also issued a $12,000 fine in 2016 over findings it violated sections of the health code relating to quality of care. The Houghton nursing home facility’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 provide adequate pressure ulcer care. Section 483.25 of the Federal Code requires nursing homes to ensure residents with pressure ulcer receive necessary treatment and services to prevent infection, promote healing, and stave off the development of new ulcers. A September 2018 citation found that Houghton Rehabilitation & Nursing Center failed to ensure such for one resident. The citation states specifically that when a physician ordered treatment for a resident with a Stage 3 pressure ulcer, the treatment was not provided as ordered, and further that the resident was not provided with a pressure-relieving air mattress per the wound consultant’s recommendation. A plan of correction undertaken by the facility included the completion of the treatment and provision of the bed. 

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A nursing home in Albany, New York has received 27 health and safety code citations since 2017.

Daughters of Sarah Nursing Center received 27 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on July 16, 2021. The facility has also received three fines totaling $22,000 since 2014. The Albany nursing home’s citations resulted from a total of six inspections by state surveyors. 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 Daughters of Sarah Nursing Center failed to ensure such for one resident. The citation specifically describes a resident with severe cognitive impairment who was abused by a resident with mildly impaired cognition. According to the citation the abuse in question involved “non-consensual sexual intrusion, touching intimate body parts or the clothing covering intimate body parts.” A plan of correction undertaken by the facility included the movement of the victim to a new unit and the placement of the other resident on one-to-one observation and his movement to a different area to avoid contact with the victim.

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A nursing home in Oswego, New York has received $46,000 in fines since 2013.

Pontiac Nursing Home has received 37 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on April 30, 2021. The facility has additionally received three fines totaling $46,000 since 2013. The Oswego nursing home’s citations resulted from a total of six surveys by state inspectors. The deficiencies they describe include the following: Continue reading

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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

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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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.

Van Rensselaer Manor has received 27 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on August 5, 2020. The facility also received a 2020 fine of $2,000 in connection to findings in a 2019 inspection that it violated unspecified health code provisions. The Troy 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 protect residents from abuse. Section 483.12 of the Federal Code stipulates that nursing home residents have a “right to be freedom from abuse.” An October 2019 citation found that Van Rensselaer Manor failed to ensure such for two residents. The citation states specifically that the the facility failed to ensure that a resident with severe cognitive impairment “was free from sexual abuse when she was assaulted by” another resident with “moderately impaired cognition.” The citation states further that another resident “who was cognitively intact… was free from sexual abuse when she was assaulted” by another resident who was cognitively intact. A plan of correction implemented by the facility included the review and updating of the facility’s abuse and resident reporting policies, as well as the review of its sexuality policy.

2. The nursing home did not take adequate measures to prevent infection. Under Section 483.80 of the Federal Code, nursing home facilities must endeavor to prevent the development and transmission of diseases by creating and maintaining an infection control program. A December 2018 citation found that Van Rensselaer Manor failed to ensure such for four residents. The citation states specifically that for three of the residents, staff did not maintain during wound dressing changes; and for the fourth, staff did not maintain contact precautions for a resident’s wound that was infected “with an antibiotic resistant organism.” The citation goes on to state that the facility did not ensure the maintenance of infection control procedures during the administration of resident medications, in an instance when “a glucometer was returned to the medication cart without being cleansed after use,” and another instance in which a staffer did not perform proper hand-washing before or after obtaining a finger-stick blood draw. The citation states that these deficiencies had the “potential to cause more than minimal harm.”

Our Lady of Consolation Nursing and Rehabilitative Care Center received 36 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on April 9, 2020. The West Islip 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 prevent sexual abuse. Section 483.12 of the Federal Code provide nursing home residents “the right to be free from abuse, neglect, misappropriation of resident property, and exploitation.” A December 2017 citation found that Our Lady of Consolation Nursing and Rehabilitative Care Center did not ensure that right for one resident. The citation states specifically that a Certified Nursing Assistant witnessed a resident “expose his penis and place” a female resident’s “right hand on his exposed genitalia.” The citation goes on to state that the resident’s records, although they documented past inappropriate behavior, “lacked addressing specific behaviors” for the resident “such as keeping [him] arm’s length away from the female residents.” A plan of correction undertaken by the facility included the resident’s discharge.

2. The nursing home did not adequately treat and care for pressure ulcers. Section 483.25 of the Federal Code stipulates that nursing home facilities “ensure that a resident who enters the facility without pressure sores does not develop pressure sores unless the individual’s clinical condition demonstrates that they were unavoidable; and a resident having pressure sores receives necessary treatment and services to promote healing, prevent infection and prevent new sores from developing.” A November 2016 citation found that Our Lady of Consolation Nursing and Rehabilitative Care Center did not ensure a resident’s pressure ulcer was assessed after it was identified, nor that a weekly measurement was initiated to monitor its progress. The citation states further that the nursing home did not ensure the review of a physician’s treatment order so as to guarantee the appropriate treatment of the pressure ulcer. In an interview, the facility’s Director of Nursing Services stated that the facility’s Registered Nurse Unit Manager should have initiated the Wound Assessment and Progress Record, and further that the physician who had cared for the resident had “since resigned.”

Berkshire Nursing & Rehabilitation Center received 26 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on March 27, 2020. The West Babylon 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 implement adequate measures to protect its residents from sexual abuse. Under Section 483.12 of the Federal Code, nursing homes have a right “to be free from abuse.” A September 2019 citation found that Berkshire Nursing & Rehabilitation Center did not ensure one resident was free from sexual abuse. The citation states specifically that a “cognitively intact resident… inappropriately touched” a resident with “severely impaired cognition,” and that the nursing home did not launch an investigation “until 2 days after the incident.”  A plan of correction undertaken by the facility included the suspension and re-education of the Nursing Supervisor found to be responsible “for failure to communicate.”

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