Understaffing

May 11, 2022

Medford Multicare Center: Nursing Home Cited for Medication Errors

by Law Offices of Thomas L. Gallivan, PLLC

Medford Multicare Center for Living received 26 citations for being in violation of public health code between 2018 and 2022 after a total of 9 surveys were performed by state inspectors.

Medford Multicare Center for Living received 26 citations for violations of public health code between 2018 and 2022, according to New York State Department of Health records accessed on May 6, 2022. The Medford nursing home’s citations resulted from a total of 9 inspections by state surveyors. 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 must keep their residents “free of any significant medication errors.” A July 2019 citation found that Medford Multicare Center failed to ensure such. The citation specifically describes an instance in which a resident did not receive their physician-ordered medications upon admission, including insulin, an anticoagulant, and an antihypertensive. In an interview, the facility’s MD stated that in cases where medications are unavailable, he expects facility staff to call him so he can order a substitute, adding that the “insulin and antihypertensive medications were significant medications.” A plan of correction undertaken by the facility included the educational counseling of relevant staff.

May 4, 2022

Bellhaven Center for Rehabilitation and Nursing Care: Infection Citation

by Law Offices of Thomas L. Gallivan, PLLC

Bellhaven Center for Rehabilitation and Nursing Care received 28 citations for being in violation of public health code between 2018 and 2022 after a total of 13 inspections by state surveyors.

Bellhaven Center for Rehabilitation and Nursing Care received 28 citations for violations of public health code between 2018 and 2022, according to New York State Department of Health records accessed on April 29, 2022. The Uniondale nursing home’s citations resulted from a total of 13 inspections by state surveyors. The deficiencies they describe include the following:

1. The nursing home did not implement adequate infection-control protocols. Section 483.80 of the Federal Code requires nursing homes to attempt to prevent the development and spread of communicable diseases by establishing and maintaining an infection prevention and control program. A June 2021 citation found that Bellhaven Center for Rehabilitation and Nursing Care failed to ensure such. The citation specifically describes an instance in which a Licensed Practical Nurse did not change gloves or wash their hands after cleansing a resident’s wound and before applying treatment. In an interview, the facility’s Director of Nursing Services said that the nurse should have washed their hands after cleaning the wound. A plan of correction undertaken by the facility included the education of the nurse in question.

March 13, 2022

Report: Nursing Home Staffing Levels Keep Falling

by Law Offices of Thomas L. Gallivan, PLLC

Throughout 2021 nursing homes continued taking on new residents despite their declining staffing levels, which lead to a shortage of nurses being available to meet the needs of the residents.

Nursing home staffing levels suffered nearly an eight percent decline from the first to third quarters of 2021, according to an analysis by the Long-Term Community Care Coalition. According to the organization’s findings, US nursing homes had an average of 3.62 total nurse staff hours per resident day and 0.63 Registered Nurse HPRD. Those figures falls notably short of the minimum staffing hour thresholds of 4.10 HPRD and 0.75 HPRD identified by a 2001 federal study, the LTCCC notes. Continue reading

March 3, 2022

St. Patrick’s Home Cited for Abuse, Fall

by Law Offices of Thomas L. Gallivan, PLLC

St. Patrick’s Home has received 26 citations for being in violation of public health code since 2018 after state inspectors found multiple deficiencies within the facility.

St. Patricks Home has received 26 citations for violations of public health code between 2018 and 2021, according to New York State Department of Health records accessed on February 25, 2022. The Bronx nursing home’s citations resulted from a total of seven surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not adequately protect residents from physical abuse. Under Section 483.12 of the Federal Code, nursing home residents enjoy “the right to be free from abuse.” A December 2021 citation found that St. Patrick’s Home failed to ensure such. The citation specifically describes an instance in which a facility security officer witnessed a certified nursing assistant slap a resident’s forehead and verbally threaten the resident. The citation further describes the security officer’s statement that the CNA “threatened the resident by saying, next time, I’m going to punch you in the face.” A plan of correction undertaken by the facility included the discharge of the CNA and the in-servicing of all staff on abuse prevention procedures.

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 4, 2022

Nursing Homes With Questionable Records Seek to Block Reform in New York

by Law Offices of Thomas L. Gallivan, PLLC

A recent article states that hundreds of New York nursing homes have filed a lawsuit against the state health commissioner with the purpose of trying to block a new law that would mandate how nursing homes spend their profits.

A recent article in The Prospect details the “extraordinary” lawsuit filed by hundreds of New York nursing homes against the state health commissioner in an effort to block a new law mandating that nursing homes “spend a majority of their revenue on patient care.” As The Prospect explains, the lawsuit alleges that the law unconstitutionally seizes nursing homes’ private property for a public purpose, a rationale described by the article as “preposterous.” 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 26, 2022

As Omicron Sweeps Through Nursing Homes, So Do Staffing Issues

by Law Offices of Thomas L. Gallivan, PLLC

According to a recent report, the omicron surge did not only affect nursing home residents with a total of 988 recent deaths, but also the employees which has caused a nationwide staffing crisis.

The omicron wave has caused an unprecedented staffing crisis in New York nationwide, according to a recent report by NPR. With cases spiking in mid-January, at least 40,000 nursing home residents received positive tests during the week ending January 14th, “almost a 10-fold rise since November.” Employee cases, meanwhile, reached “more than 67,000 cases” the week ending January 7th, before declining the subsequent week, per data released by the Centers for Disease Control and Prevention. Continue reading

January 14, 2022

New York Takes Measures to Stop Nursing Home Covid-19 Surge

by Law Offices of Thomas L. Gallivan, PLLC

New York nursing homes are seeing a surge in Covid-19 cases as the omicron variant continues to spread, even infecting residents who are fully vaccinated.

A new Covid-19 surge fueled by the omicron variant is spreading through New York nursing homes, even among those with fully vaccinated residents, according to a new report by Lohud. Data provided by state authorities showed that in the week ending on January 4th, there were almost 4,900 reported Covid cases in the state’s nursing homes, whereas in the previous week there were 1,500. In the week before that, there were fewer than 680. Continue reading

January 12, 2022

Campbell Hall Rehabilitation Center Cited for Pressure Ulcers, Staffing

by Law Offices of Thomas L. Gallivan, PLLC

Campbell Hall Rehabilitation Center has received a total of 77 citations since 2017 for being of violation of public health code and for failing to properly care for their residents.

Campbell Hall Rehabilitation Center received 77 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on January 7, 2022. The facility was recently placed on the Centers for Medicare and Medicaid Services’ list of “Special Focus Facilities” candidates, meaning it has a record of serious citations. The Campbell Hall nursing home’s citations resulted from a total of 15 inspections by state surveyors. 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 stipulates that nursing homes must provide residents with necessary care and treatment to promote the healing of pressure ulcers. An August 2021 citation found that Campbell Hall Rehabilitation Center failed to ensure such for one resident. The citation states specifically that the resident’s records contained “no consistent documentation… to prove that that interventions and treatments were administered in accordance with the written care plan, and physician’s orders.” In interviews, facility nurses said that they conducted wound treatment but neglected to record it, with one saying that they “sometimes overlook signing treatments” in the resident’s records. A Certified Nursing Assistant said in one interview that she had observed the resident’s wound deteriorating and accordingly reported this to a nurse. The citation states that this deficiency had the “potential to cause more than minimal harm.”