Diamond Hill Nursing and Rehabilitation Center Cited for Exploitation

Diamond Hill Nursing and Rehabilitation Center has received 55 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on July 31, 2020. The facility has also received four fines totaling $22,000 over findings that it violated health code provisions regarding quality of care, staff mistreatment of residents, abuse, and more. The Troy 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 employ proper infection control protocols. Section 483.80 of the Federal Code stipulates that nursing homes must provide a safe and sanitary environment for residents through the creation and maintenance of an infection prevention and control program. A May 2018 citation found that Diamond Hill Nursing and Rehabilitation Center failed to ensure such. The citation states specifically that the nursing home did not develop a Legionella Water Management Plan per regulations; that it failed to ensure oxygen tubing that had rested on the floor was not given to a resident to be used; that it did not ensure urinary catheter tubing was kept off the floor; and that staff members who had not received a flu vaccination properly wore face masks. A plan of correction undertaken by the facility included the review and updating of the Legionella Water Sampling and Management Plan, and the review and revision of policy concerning the use of masks by staff and volunteers who had not received the flu vaccination.

2. The nursing home did not employ adequate accident prevention measures. Section 483.25 of the Federal Code stipulates that nursing homes must provide residents with an environment as free as possible of accident hazards. A May 2018 citation found that Diamond Hill Nursing and Rehabilitation Center did not ensure such for one resident. The citation states specifically that the resident neglected to identify and report the resident’s “use of the remote control to raise her bed to the highest position as a potential risk for injury.” The citation goes on to state that the resident “was found on the floor next to her bed,” and that the bed was not in its lowest position. As a result, the resident sustained “a left distal femoral fracture and fractures of the right distal tibia (shinbone) and fibula (calf bone),” according to the citation. A plan of correction undertaken by the facility included the updating of the resident’s care plan, with the resident’s family’s agreement, to keep the remote out of the resident’s reach.

3. The nursing home did not protect residents from misappropriation and exploitation. Section 483.12 of the Federal Code requires nursing homes to respect residents’ “right to be free from abuse, neglect, misappropriation of resident property, and exploitation.” A May 2018 citation found that Diamond Hill Nursing and Rehabilitation Center did not ensure such for one resident. The citation states specifically that the facility failed to prevent an employee from obtaining a signed blank check from the resident and cashing it for $180. A plan of correction undertaken by the facility included the investigation of the incident and a return of the funds.

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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