East Side Nursing Home: Infection, Medication Error Citations

East Side Nursing Home has received 11 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on August 14, 2020. The Warsaw 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 adequately prevent medication errors. Under Section 483.25 of the Federal Code, nursing homes are required to “ensure that residents are free of any significant medication errors.” A September 2016 citation found that East Side Nursing Home failed to ensure such for three residents. The citation is heavily redacted but indicates “issues” that involved the administration of a medication “and signing for another dosage” to one resident, as well as “interim physician orders” for two other residents. It goes on to describe confusion involving the physician’s orders for one resident, and the administration of a significant medication without an order. A plan of correction undertaken by the facility included the review of physician’s orders for each of the residents.

2. The nursing home did not implement adequate measures to prevent infection. Section 483.80 of the Federal Code requires the establishment and maintenance by nursing home facilities of “an infection prevention and control program designed to provide a safe, sanitary and comfortable environment” for residents. A January 2018 citation found that East Side Nursing Home did not ensure such. The citation specifically describes the facility’s failure to “conduct water sampling for Legionella every 90 days for the first year of their sampling plan.” According to a review of the nursing home’s sampling reports, only two samples had been taken in its potable water system during the year in question. In an interview, the facility’s Supervising Administrator “stated that the sampling company was supposed to come in and sample in December, but they did not make it.” A plan of correction undertaken by the facility included the drafting of a policy and procedure to “address the management of the legionella testing compliance.”

3. The nursing home did not prevent the unnecessary administration of psychotropic medications. Section 483.45 of the Federal Code mandates that nursing homes ensure residents do not unnecessarily receive psychotropic drugs, which are “any drug that affects brain activities associated with mental processes and behavior.” A May 2019 citation found that East Side Nursing Home failed to ensure such. The citation specifically describes a resident for whom the facility “did not ensure orders for as needed” medications for a redacted condition “were limited to 14 days.” In an interview, the facility’s Registered Nurse Manager said that there had been “discussion with the physician regarding making medication changes, but nothing had changed with” the medication in question, which is redacted from the citation. A plan of correction undertaken by the facility included an audit of all residents to identify those with as-needed orders medication orders for the condition in question.

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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