Fort Tryon Center for Rehabilitation and Nursing Cited for Elopement

Fort Tryon Center for Rehabilitation and Nursing received 28 citations for violations of public health code between 2016 and 2019, according to New York State Department of Health records accessed on January 31, 2020. The Manhattan 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 implement adequate measures to prevent elopement. Section 483.25 of the Federal Code requires nursing home facilities to ensure residents an environment as free as possible from accident hazards, with provide proper supervision to prevent accidents. A December 2019 citation found that Fort Tryon Center for Rehabilitation and Nursing did not provide one resident with adequate supervision to prevent elopement. The citation states specifically that the resident eloped the facility on August 18, 2018, but staff did not become aware until 2 hours and 40 minutes later. The resident was considered at risk for elopement, according to the citation, but his care plan contained “no interventions to prevent elopement.” The citation states additionally that the resident’s Nursing Instructions had “no instructions for wander-guard monitoring” or other monitoring of the resident to prevent elopement. The resident eventually returned to the facility on his own, according to the facility; his care plan was updated, and a staff member who “documented that the resident consumed 100% of his meal, when in fact, he was not in the building,” was discharged.

2. The nursing home did not implement adequate infection control measures. Under Section 483.80 of the Federal Code, nursing home facilities must “establish and maintain an infection prevention and control program” that is designed to prevent the development and transmission of diseases and infections. A June 2019 citation found Fort Tryon Center for Rehabilitation and Nursing did not maintain adequate infection control practices. An inspector specifically observed a resident’s Foley catheter drainage bag resting on the floor of their room; and a resident’s wound vac machine tubing that was connected to their right foot and resting on the floor beside the resident’s bed. The citation states that these deficiencies had the “potential to cause more than minimal harm.”

3. The nursing home did not ensure residents were provided with services in accordance with residents’ plans of care. Under Section 483.21 of the Federal Code, nursing homes must provide services “by qualified persons in accordance with each resident’s written plan of care.” A March 2016 citation found that Fort Tryon Center for Rehabilitation and Nursing did not comply with this requirement. An inspector found specifically that a resident “who needed extensive assistance with transfer and toileting” was escorted to an external clinic by a receptionist who had not been trained to assist with the resident’s care. The citation states that the resident had been “assessed as at risk for falls” and said they sustained a fall in the bathroom at the clinic. According to a plan of correction undertaken by the facility, the receptionist in question “is no longer employed at Fort Tryon Center.”

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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