Creekview Nursing and Rehab Center: $62,000 in Fines, Pressure Ulcer Citation

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.

2. The nursing home did not adequately protect residents from 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 2019 citation found that Creekview Nursing and Rehab Center failed to ensure such. The citation states specifically that one resident “did not receive respiratory treatments as ordered by the physician.” The citation goes on to state that the medication was not available when it was needed, and describes an interview in which the facility’s Corporate Director of Nursing “said that if a medication was not available, the nurse should have called the pharmacy to find out if it was on the way, notify the provider, and find out whether to provide it when it arrives.” A plan of correction undertaken by the facility included the re-education of relevant staff.

3. The nursing home did not adequately prevent infection. Under Section 483.80 of the Federal Code, nursing homes must help prevent the development and spread of disease by establishing and maintaining a program to prevent and control infection. An April 2020 citation found that Creekview Nursing and Rehab Center failed to ensure such. The citation states specifically that during the early days of the Covid-19 pandemic, the facility’s staff “failed to consistently follow infection control precautions for residents on standard and droplet control precautions potentially resulting in cross contamination for 89 residents not identified as having COVID-19.” The citation goes on to describe two employees who were seen exiting the rooms of residents with Covid-19 “without removing… Personal Protective Equipment.” The employees were then observed either entering the room of a Covid-negative resident or delivering meal trays without donning PPE. The citation additionally states that three asymptomatic residents without Covid-19 were not protected by the facility when they were permitted to reside in rooms with Covid-positive residents. The citation states that these deficiencies posed “immediate jeopardy to resident health or safety.”

The attorneys at the Law Offices of Thomas L. Gallivan, PLLC work diligently to protect the rights of nursing home residents.  Please contact us to discuss in the event you have a potential case involving neglect or abuse.

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