Hempstead Park Nursing Home Cited, Fined $18,000

Hempstead Park Nursing Home received 30 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on March 5, 2020. The facility has also been the subject of a 2012 fine of $10,000 in connection to findings during a 2009 inspection that it violated unspecified health code provisions; and a 2011 fine of $8,000 in connection to findings in a 2010 inspection that it violated health code provisions regarding mistreatment and neglect, the investigation and reporting of alleged violations, social services, and administrative practices and procedures. The Hempstead nursing home’s citations resulted from a total of four surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not adequately supervise residents. Under Section 483.25 of the Federal Code, nursing homes must ensure residents receive “adequate supervision and assistance devices to prevent accidents.” A May 2019 citation found that Hempstead Park Nursing Home did not ensure such for one resident. The citation states specifically that the resident had been “identified as at risk for aspiration,” yet was observed eating in their bed without supervision. In an interview, a Certified Nursing Assistant told an inspector that “she was not aware the resident was supposed to eat in the dining room while supervised by staff.”

2. The nursing home did not adequately investigate alleged violations. Section 483.12 of the Federal Code stipulates that nursing homes must ensure and provide evidence of the thorough investigations of allegations of abuse, neglect, exploitation or mistreatment. A May 2019 citation found that Hempstead Park Nursing Home did not ensure such for an incident involving one resident reviewed for accidents. The citation states specifically that a Licensed Practical Nurse had documented that the resident bumped her head, but “there was no documented Registered Nurse (RN) assessment, no documentation that the Physician was notified, and no documentation that an Occurrence Report investigation was conducted.” In an interview, the facility’s physician said that “he had no explanation and was not sure why he was not called.”

3. The nursing home did not ensure the adequate implementation of infection control and prevention procedures. Under Section 483.80 of the Federal Code, nursing home facilities must “establish and maintain an infection prevention and control program designed to provide a safe, sanitary and comfortable environment.” A December 2016 citation states that Hempstead Park Nursing Home did not ensure such. The citation states specifically that the laundry of a resident “who is incontinent of urine” had not been adequately contained so as to prevent infections from spreading and transmitting. According to the citation, an inspector detected “a strong urine odor near the laundry resident’s room,” and found that the laundry basket’s lid was not fully covered, that the basket did not contain a plastic bag, and that soiled clothing within the basket “had a strong urine odor.” In an interview, the facility’s Director of Nursing stated that “soiled laundry should be contained in a plastic bag to prevent odors and transmission of potential infections.”

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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