Hopkins Center for Rehabilitation and Healthcare received 23 citations for violations of public health code between 2016 and 2019, according to New York State Department of Health records accessed on January 21, 2020. The facility has also been the subject of a 2015 fine of $10,000 in connection to findings it violated health code provisions regarding residents’ right to formulate advance directives; and a 2012 fine of $4,000 in connection to findings it violated health code provisions regarding accidents and administration. The Brooklyn 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 implement adequate measures to prevent and control infection. Section 483.80 of the Federal Code states that nursing homes must “establish and maintain an infection prevention and control program” that provides residents a “safe, sanitary and comfortable environment.” An August 2019 citation found that the nursing home did not ensure the maintenance of infection control practices, specifically finding that residents’ oxygen tubing made contact with the floor “on multiple occasions”; that a Certified Nursing Assistant entered the room of a resident on contact precautions “without wearing a gown and gloves”; and a Registered Nurse touched a resident’s head and bedding while wearing gloves, then connected a feeding tube without conducting hand hygiene or putting on clean gloves. The citation described these deficiencies as having the “potential to cause more than minimal harm.”
2. The nursing home did not ensure residents had a safe, clean, comfortable, and homelike environment. Under Section 483.10 of the Federal Code, nursing home residents have a right to a safe, clean, comfortable, and homelike environment, which includes a clean bed and bath linens among other provisions. An August 2019 found that Hopkins Center for Rehabilitation and Healthcare did not provide residents with such an environment. The citation notes specifically that “a resident’s room and the common area in front of the elevators had a strong odor of urine.” An inspector during a site visit that the resident’s bed was unmade “and there was a soiled diaper on the bed,” with “numerous small black fruit flies on the bed concentrated in one area.” The citation found that this deficiency had the “potential to cause more than minimal harm.”
3. The nursing home did not properly store and label of drugs and biologicals. Under Section 483.45 of the Federal Code, nursing homes must label drugs and biologicals “in accordance with currently accepted professional principles, and include the appropriate accessory and cautionary instructions, and the expiration date.” An October 2017 citation found that Hopkins Center for Rehabilitation and Healthcare did not ensure the proper storage and label of medications. An inspector specifically observed “two opened, unlabeled and undated vials of insulin” during a survey. The citation describes this finding as contravening the facility’s policy requiring the prompt labeling and dating of “all multi-dose sterile containers when opened.” A plan of correction undertaken by the facility included “disciplinary measures and educational counseling” to certain licensed nurses.
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.