Peninsula Nursing and Rehabilitation Center Cited over Elopement

Peninsula Nursing and Rehabilitation Center received 47 citations for violations of public health laws between 2015 and 2019, according to New York State Department of Health records accessed on January 2, 2020. The Far Rockaway nursing home’s citations resulted from a total of five inspections by state surveyors. The violations they describe include the following:

1. The nursing home did not take adequate measures to minimize the risk of accidents. Section 483.25 of the Federal Code stipulates that nursing homes must ensure residents an environment as free as possible from accident hazards, with adequate supervision to prevent accidents. A July 2017 citation found that the nursing home did not provide one resident with an assistive device necessary to mitigate the risk of accidents. The citation states specifically that the resident, who had been identified as “at risk for elopement,” was provided with a wander guard device to alert facility staff if the resident attempted to leave the facility. According to the citation, staff removed this device while the resident was being transferred to the local hospital, but did not put it back on the resident upon return. “The resident then left the facility undetected,” the citation states. According to the citation, this failure resulted in the “potential to cause more than minimal harm.”

2. The nursing home did not adequately implement infection control measures. Section 483.65 of the Federal Code requires nursing homes to design and maintain an infection control program that provides residents with “a safe, sanitary and comfortable environment and to help prevent the development and transmission of disease and infection.” An April 2016 citation found that the nursing home did not ensure its infection control members were properly maintained so as to prevent the transmission of disease and infection. The infection states specifically that there was no documented evidence indicating that a resident had received a Purified Protein Derivative skin test since they were admitted to the facility, in contravention of facility policy. The facility’s immunization policies and procedures were reviewed and revised in response to this citation.

3. The nursing home did not provide adequate education to residents who refused certain immunizations. Section 483.25 of the Federal Code requires nursing homes to provide residents or their legal representatives “education regarding the benefits and potential side effects of the immunization” before offering residents the influenza and pneumococcal immunizations. An April 2016 citation found that with respect to two residents who refused either the flu or pneumonia vaccines, the facility did not have “documented evidence of education, explaining the risks and benefits to each resident.” The citation also states that two residents reviewed for unnecessary medications were not provided with the pneumonia vaccine. According to the citation, this deficiency had the “potential to cause more than minimal harm.”

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.

Contact Information