Evergreen Commons Rehabilitation and Nursing Center: Insufficient Nursing Staff

Evergreen Commons Rehabilitation and Nursing Center has received 64 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 fines totaling $30,000 in connection to findings that it violated health code provisions regarding quality of care, accidents, and more. The East Greenbush nursing home’s citations resulted from a total of five surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not maintain an adequate infection prevention and control program. Under Section 483.80 of the Federal Code, nursing homes must endeavor to provide residents with a safe and sanitary environment, one that helps mitigate the development of communicable diseases and infections, by establishing and upholding an infection prevention and control program. An August 2019 citation found that Evergreen Commons Rehabilitation and Nursing Center failed to ensure such for two residents. The citation specifically describes in which a Licensed Practical Nurse, while changing a resident’s wound dressing, did not remove her gloves, wash her hands, or don new gloves after touching the outside of a spray bottle and a gauze package. In an interview, the nurse stated that “she should not have touched the outside of the dressing packages and touch the dressing contents without first removing her gloves, washing her hands and putting on another pair of gloves.” The citation also describes an instance in which a a nurse, while assisting with a dressing change by holding a resident’s leg up, put the resident’s heels down on a cushion in contravention of policy. The citation states that these deficiencies had the “potential to cause more than minimal harm.”

2. The nursing home contravened garbage disposal code. Section 483.60 of the Federal Code requires nursing homes to “dispose of garbage and refuse properly.” An August 2019 citation found that Evergreen Commons Rehabilitation and Nursing Center failed to ensure such. The citation states specifically that the resident’s trash compactor “was leaking liquid waste and the door of the compactor was left open.” In an interview, the facility’s Director of Food Service said he would have the compactor serviced, and that he would reeducate employees to close the door after use.

3. The citation did not maintain sufficient nursing staff. Section 483.35 of the Federal Code stipulates that nursing homes “must have sufficient nursing staff with the appropriate competencies and skills sets to provide nursing and related services to assure resident safety and attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident.” A December 2017 citation found that Evergreen Commons Rehabilitation and Nursing Center did not ensure such. The citation states specifically that the nursing home did not ensure it maintained a level of staff sufficient “to provide morning care, to transfer residents out of bed before breakfast or lunch, to serve breakfast and/or lunch in bed, and to provide toileting.” A plan of correction undertaken by the facility included the review of staffing levels on all units to ensure sufficient staffing.

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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