Rutland Nursing Home Cited, Fined Over $30,000

Rutland 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 January 21, 2020. The facility has also been the subject of a 2015 fine of $12,000 in connection to findings it violated health code provisions regarding nutrition and pressure sores; a 2013 fine of $4,000 in connection to findings it violated health code provisions regarding accidents and administration; and a 2012 fine of $22,000 in connection to findings it violated health code provisions regarding quality of care, pressure sores, and accidents. The Brooklyn 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 ensure the competency of its nursing staff. Under Section 483.35 of the Federal Code, nursing home facilities are required to “ensure that licensed nurses have the specific competencies and skill sets necessary to care for residents’ needs, as identified through resident assessments, and described in the plan of care.” A May 2018 citation found that Rutland Nursing Home failed to comply with this section. The citation specifically describes a Certified Nursing Assistant who “did not know how to apply a resident’s knee device.” The resident in question was nonverbal and had impaired cognition, according to the citation, and required the assistance of corrective devices to improve her range of motion. The resident was observed without wearing her knee splint; in an interview, the CNA said that she did not know how to apply it, and that another CNA typically applied it instead. A plan of correction undertaken by the facility included the disciplining of the CNA in question, who “is no longer an employee of Rutland Nursing Home.”

2. The nursing home did not implement proper housekeeping and maintenance services. Under Section 483.15 of the Federal Code, nursing homes are required to “provide housekeeping and maintenance services necessary to maintain a sanitary, orderly, and comfortable interior.” A May 2018 citation found that Rutland Nursing Home did not do so. The citation states specifically that an inspector observed “tube feed drippings” splattered on a resident’s closet door; a closet door with a missing handle and a loose handle; a torn privacy curtain; and a resident’s feeding tube with stained pumps and poles. The citation states that these deficiencies had the “potential to cause more than minimal harm” to residents.

3. The nursing home did not adequately meet residents’ dietary needs. Section 483.60 of the Federal Code requires nursing homes to prepare food “in a form that meets individual needs.” A February 2017 citation found that a resident of Rutland Nursing Home did not receive an appropriate diet consistent with their needs. The citation states specifically that the resident “was observed on more than one occasion by more than one member of nursing staff being fed regular consistency instead of puree,” even though the resident’s records provided for tube feeding and a mechanically altered diet. A plan of correction undertaken by the facility included the counseling of nursing staff, and an evaluation that found the resident in question had a tolerance for foods of regular consistency.

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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