New Gouverneur Hospital Cited, Fined $12,000

New Gouverneur Hospital received 16 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 2016 fine of $12,000 in connection to findings during a 2013 inspection that it violated health code provisions regarding accidents and administration. 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 resident drug regimens free from unnecessary drugs. Section 483.45 of the Federal Code requires nursing homes to maintain “each resident’s drug regimen… free from unnecessary drugs.” A January 2016 citation found that New Gouverneur Hospital did not ensure a resident’s drug regimen was free from such. An inspector found specifically that the facility had “no documented rationale for the continued use of an antipsychotic medication in the absence of behavioral symptoms.” In an interview, an Attending stated that “the resident is agitated on occasion and attempts in the past have been made to taper resident off medication and was unable to provide documentation as to when this occurred.” The Attending Physician also stated that the resident’s medication is still indicated “in the absence of behavioral symptoms” due to the resident’s medical condition, and that “he may have forgotten to include information” on the resident’s documentation. A plan of correction undertaken by the facility included a comprehensive review of the resident that included the writing of a rationale for the medication’s continued use.

2. The nursing home did not ensure the provision of services by qualified persons. Under Section 483.21 of the Federal Code, “The services provided or arranged by the facility must be provided by qualified persons in accordance with each resident’s written plan of care.” A January 2016 citation found that New Gouverneur Hospital did not ensure that a physician’s orders were followed in connection to one resident. The citation does not specify what the orders in question included, but it notes that in spite of the orders being co-signed by physicians and nurses, “there was no documented evidence in the medical record that the Psychologist provided services for the resident” during a certain period of time. A plan of correction undertaken by the facility included the revision of the resident’s care plan and the educational counseling of staff on the transcription and verification of physician orders.

3. The nursing home did not ensure its cooking facilities were maintained in compliance with safety regulations. Section 101 of the NFPA delineates standards for the control of ventilation in cooking facilities as well as fire safety. An April 2018 citation found that New Gouverneur Hospital did not ensure the performance of quick checks on the facility’s kitchen’s extinguishing equipment. An inspector found that the kitchen’s Ansul System inspection tag “contained two columns for the monthly quick check” and neither were filled out. In an interview, the facility’s Director of Safety, Security, and Emergency Management told an inspector that “the facility performs a semi-annual inspection but not a monthly inspection.”

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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