New Vanderbilt Rehabilitation and Care Center: Accident, Medication Citations

New Vanderbilt Rehabilitation and Care Center received 19 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on July 22, 2020. The Staten Island 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 employ adequate accident-prevention measures. Section 483.25 of the Federal Code requires nursing homes to ensure residents an environment free of accident hazards and with adequate supervision to prevent accidents. A November 2018 citation found that New Vanderbilt Rehabilitation and Care Center did not ensure such. The citation states specifically that the facility lacked “clear policies and procedures to prevent residents from storing lighting material on the units.” It goes on to state that residents known to possess lighting materials “on their persons and in their rooms” were given “Out on Pass Privileges,” but they were not provided with adequate  monitoring and supervision when they returned to the facility, nor to ensure that the materials were safely stored. It goes on to state that nursing staff discovered lighting materials in the rooms of several residents but did not report such to their supervisors. A plan of correction undertaken by the facility included the development of clear policies and procedures to prevent residents from storing lighting materials in their units.

2. The nursing home did not keep residents free from the use of unnecessary drugs. Section 483.45 of the Federal Code requires nursing homes to keep “each resident’s drug regimen… free from unnecessary drugs.” A February 2017 citation found that New Vanderbilt Rehabilitation and Care Center did not ensure such.The citation states specifically that a resident with a redacted diagnosis had no specific documentation i their plan of care noting “which behaviors were being treated by the use of antipsychotic medication, and there was no documented evidence of behaviors to support the ongoing use of antipsychotic medication.” A plan of correction undertaken by the facility included the assessment of the resident by the psychiatrist, who recommended a gradual dose reduction for the medication.

3. The nursing home did not effectively protect residents from staff with criminal histories. Under Section 402.7 of the Federal Code, nursing homes must remove from direct care or supervision of residents any employee whose criminal history review results in a negative determination. A February 2071 citation found that New Vanderbilt Rehabilitation and Care Center failed to ensure such. The citation states specifically that the facility received a pending denial from the Criminal History Record Check system for a resident transporter on May 1, 2016, but that the employee’s time card report showed that the individual kept working at the facility until May 17, 2016. As such, according to the citation, “The employee was not immediately removed from direct care of residents.” The citation goes on to describe a second resident transporter for whom the facility received a Pending Denial letter on April 25, 2016, but whose time card report showed they kept working at the facility until May 18, 2016. A plan of correction undertaken by the facility included the updating of policies and procedures regarding negative determination letters.

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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