Saints Joachim & Anne Nursing and Rehabilitation Center Cited for Abuse

Saints Joachim & Anne Nursing and Rehabilitation Center received 16 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 Brooklyn 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 protect a resident from abuse. Section 483.12 of the Federal Code ensures nursing home residents the right “to be free from abuse, neglect, misappropriation of resident property, and exploitation.” A May 2019 citation found that Saints Joachim & Anne Nursing and Rehabilitation Center did not ensure this right for one resident. The citation specifically describes a resident who was “repeatedly forcefully pushed down into the chair to prevent them from getting up and going to the bathroom.” It goes on to describe a witness stating that she observed the CNA push the resident and expressing her wish for the CNA in question not to care for her mother. The CNA “was not nice and very rough with a resident,” according to the witness’s statement, “pushing the resident to sit down.” A plan of correction undertaken by the facility included the termination of the CNA in question.

2. The nursing home did not implement adequate measures to investigate and prevent abuse. Section 483.12 of the Federal Code stipulates that while nursing homes investigate allegations of abuse, they must ensure the prevention of further abuse. A May 2019 citation found that Saints Joachim & Anne Nursing and Rehabilitation Center did not ensure further abuse while investigating the above-mentioned incident of alleged abuse; the citation also states that the allegation “was not investigated or reported to the administrator and New York State Department of Health (NYSDOH) within 5 working days.” According to the citation, when a witness reported the alleged abuse to a Registered Nurse Supervisor, that RNS did not report it to authorities or launch an investigation. The citation states additionally that following the receipt of the allegation, the facility did not immediately remove the Certified Nursing Assistant accused of abuse from their assignment. According to the citation, the CNA was in fact not removed until after the facility’s Assistant Director of Nursing launched an investigation. The citation states that this deficiency had the “potential to cause more than minimal harm.”

3. The nursing home did not follow food safety standards. 483.60 of the Federal Code states that nursing home facilities must “Store, prepare, distribute and serve food in accordance with professional standards for food service safety.” A January 2017 citation found that Saints Joachim & Anne Nursing and Rehabilitation Center did not adequately ensure the maintenance of sanitary conditions in its kitchen. The citation specifically describes an inspector’s observation that “multiple boxes containing food were stored directly on the floor after delivery.” These included boxes of canned sweet potatoes, canned tomatoes, farina, potato granules, soda, juice, and cereal. In an interview, the facility’s Food Service Director states that food is temporarily left on the storeroom floor after delivery prior because “We do not have additional palettes for all of the delivered items to be placed on,” adding that he would order additional palettes.

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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