New East Side Nursing Home received 21 citations for violations of public health code between 2016 and 2019, according to New York State Department of Health records accessed on February 7, 2020. The facility has also been the subject of a 2011 fine of $12,000 in connection to findings during a 2010 inspection that it violated health code provisions regarding accidents and supervision. The Manhattan 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 keep residents free from the use of physical restraints. Section 483.10 of the Federal Code stipulates that nursing home residents must “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 December 2018 citation found that New East Nursing Home did not keep one resident was properly kept free from the use of physical restraints. According to the citation, the resident’s plan of care and physician’s orders provided for the resident to be released from their restraint “every 2 hours for 15 minutes and during meals.” The citation states also that the Medical Doctor’s order did not include a “medical justification” for the use of the restraint in question, a seatbelt. A plan of correction undertaken by the facility included the in-servicing of nursing staff on policies and procedures concerning restraints.
2. The nursing home did adequately dispose of garbage and refuse. Under Section 483.60 of the Federal Code, nursing home facilities are required to “dispose of garbage and refuse properly.” An April 2017 citation found that New East Nursing Home did not comply with this section. An inspector specifically observed three commercial garbage bins that were not “properly covered.” The inspector further observed that “the area adjacent to and surrounding the bins was full of debris.” The citation goes on to state that the inspector observed litter beside the garbage bins that included a soda can, a latex glove, part of a wet corrugated box, and other smaller refuse. In an interview, the facility’s Director of Housekeeping said, “The garbage bins are supposed to be covered with the lids. The staff member who is assigned to maintain the area has been out for approximately one month due to surgery. While the other person was out I should have been monitoring the area.” The citation states that this deficiency had the “potential to cause more than minimal harm.”
3. The nursing home did not comply with food sanitation standards. Under Section 483.35 of the Federal Code, nursing homes are required to “store, prepare, distribute and serve food under sanitary conditions.” A March 2016 citation found that New East Nursing Home did not take adequate steps to ensure the sanitary storage of food so as to prevent cross-contamination. An inspector found specifically that raw animal food, including chicken and beef, was not “stored on shelves below vegetables and were not stored in drip-proof containers.” The inspector also observed dirt, debris, rodent droppings, and a dead mouse in the facility’s food and kitchen areas. In an interview, a dietary worker responsible for storing raw meat and cleaning the areas said “that he is supposed to store raw meat in a container and not supposed to store raw meat with vegetables. He further stated he just didn’t store it properly that time.” He also said that “if he sees insects or rodents he would tell the supervisor verbally and that he has not seen any pests recently.” A plan of correction undertaken by the facility included the removal and disposal of incorrectly stored food.
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.