New Carlton Rehab and Nursing Center Cited for Infection

New Carlton Rehab and Nursing Center received 45 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 2011 fine of $10,000 in connection to findings it violated health code provisions regarding pressure sores. The Brooklyn 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 adequately implement infection control policies and procedures. Under Section 483.80 of the Federal Code, nursing homes must establish an infection prevention and control program that provides residents with a safe and sanitary environment. A November 2019 citation found that New Carlton Rehab and Nursing Center failed to comply with this section in two capacities. The citation states specifically that an inspector observed oxygen tubing making contact with the facility’s floor “on several occasions”; and that the facility did not annually review its policies and procedures concerning infection control. A plan of correction undertaken by the facility included the education of nursing staff on infection control practices including those pertaining to oxygen tubing, and the implementation of randomized audits of residents who receive supplemental oxygen.

2. The nursing home did not adequately ensure the implementation of food safety standards. Under Section 483.60 of the Federal Code, nursing homes are required to ensure the storage, preparation, distribution, and service of food in accordance with professional safety standards. A November 2019 citation found that New Carlton Rehabilitation and Nursing did not take adequate measures to prevent food-borne illness. An inspector specifically observed unlabeled and undated food items in a “cook prep fridge and meat freezer”; a cook prep fridge that contained employees’ lunch food items; food items in a freezer that exhibited freezer burn and were “falling out of packaging”; and food boxes that were “crushed, opened, and water marked” in the facility’s freezer. The citation states that this deficiency had the “potential to cause more than minimal harm.”

3. The nursing home did not protect residents’ right to freedom from physical restraints. Section 483.10 of the Federal Code ensures that nursing home residents be “free from any physical or chemical restraints imposed for purposes of discipline or convenience, and not required to treat the resident’s medical symptoms.” A November 2019 citation found that New Carlton Rehab and Nursing Center did not ensure one of its residents was free from he use of physical restraints. The citation states specifically that “there was no documented evidence” the resident in question had been evaluated for the use of an abnormal binder, or that a “least restrictive alternative” was implemented prior to the use of the binder. A plan of correction undertaken by the facility included the removal of the restraint, following an assessment that determined it was unnecessary.

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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