Heritage Park Rehab & Skilled Nursing has received 7 citations for violations of public health code between 2018 and 2021, according to New York State Department of Health records accessed on January 29, 2022. It has also been identified as a candidate for the Center for Medicare and Medicaid Services’ list of Special Focus Facilities, nursing homes with a record of quality issues. The Jamestown nursing home’s citations resulted from a total of two surveys by state inspectors. The deficiencies they describe include the following:
1. The nursing home did not ensure the appropriate use of bedrails. Section 483.25 of the Federal Code stipulates that nursing homes must attempt to use alternatives to bed rails before installing them, and that if they are used, the nursing homes must ensure their correct installation and use, and assess the resident in question for entrapment risk. An October 2021 citation found that Heritage Park Rehab & Skilled Nursing failed to ensure such. The citation states specifically that the facility installed bed rails for a resident who was care planned for bed rails not to be used while they were in bed. According to the citation, a Certified Nursing Assistant at the facility “did not follow the care plan and put the bed rails… in the up position.” It adds that the nursing home had not developed and implemented a routine monitoring system to protect residents from entrapment risk during the use of various side rails, and further that it “did not have a complete inventory of types of beds and rails currently in use.” After the resident’s bed rails were placed in the up position in contravention of their care plan, the facility states, the resident “was found sitting on the floor with their head wedged between the bed rail and the mattress, resulting in lacerations and abrasions of the face and finger.” The citation states that this deficiency resulted in immediate jeopardy to resident health or safety and reflected a systemic substandard quality of care.A plan of correction undertaken by the facility included the replacement of the resident’s bed with one that did not have rails, and re-education of relevant employees.
2. The nursing home did not adequately ensure the reporting of alleged violations. Section 483.12 of the Federal Code stipulates that nursing homes must ensure that all alleged violations involving abuse must be reported within a specific time frame and according to specific protocols. An April 2019 citation found that Heritage Park Rehab & Skilled Nursing failed to ensure such. The citation states specifically that the nursing home “not report an incident of resident to resident verbal abuse to the state survey agency as required.” It goes on to describe an incident in which a resident “was accused of threatening her roommate” and did not deny this accusation .Although the facility’s physician and the resident’s family were notified, the citation states, the incident was not reported to state authorities. A plan of correction undertaken by the facility included the reporting of the incident and the education of staff on abuse reporting requirements.
3. The nursing home did not adequately implement abuse and neglect policies. Section 483.12 of the Federal Code states that nursing homes must establish and maintain policies that prohibit and prevent abuse, neglect, and exploitation of residents. An April 2019 citation found that Heritage Park Rehab & Skilled Nursing failed to ensure such. The citation states specifically that the facility failed to provide documentation “that verified one… of six employees who were subject to the New York State Nurse Aide Registry had been screened through the New York State Nurse Aide Registry prior to their employment.” The employee in question, according to the facility, had “received a negative determination letter from the New York State Criminal History Record Check (CHRC) system” which was later reversed. A plan of correction undertaken by the facility included the education of the facility’s Director of Human Resources.
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.