Sans Souci Rehabilitation and Nursing Center received 15 citations for violations of public health laws between 2015 and 2019, according to New York State Department of Health records accessed on November 29, 2019. The Yonkers nursing home’s citations resulted from a total of three inspections by state surveyors. The violations they describe include the following:
1. The nursing home did not maintain sufficiently low medication error rates. Section 483.45 of the Federal Code states that nursing homes must maintain medication error rates that do not reach or exceed five percent. An August 2018 citation states that errors connected to two residents observed during a medication pass resulted in an error rate of 9.6%. An inspector specifically observed a nurse provide a resident with a multiple vitamin tablet instead of a multiple mineral tablet, and observed another nurse administer a resident with one off of an inhaler rather than two puffs, and administer that resident with an artificial tear solution with a strength that was not the same strength ordered by the physician. The citation states that these errors resulted in the “potential to cause more than minimal harm” to residents.
2. The nursing home did not take adequate infection prevention and control measures. Section 483.80 of the Federal Code stipulates that nursing homes shall “establish and maintain an infection prevention and control program” that creates a “safe, sanitary and comfortable environment” for residents. An August 2018 citation found that the nursing home did not properly implement measures to prevent the spread of infection in connection to a resident who was observed touching an airway inserted into his trachea with his bare fingers, after he touched other objects and services, but without performing proper hand hygiene in between. The citation states that this conduct resulted in the potential contamination of the resident’s airway.
3. The nursing home did not provide proper pain management services. Section 483.25 of the Federal Code states that nursing home facilities must “ensure that pain management is provided to residents who require such services, consistent with professional standards of practice, the comprehensive person-centered care plan, and the residents’ goals and preferences.” An August 2018 citation found that the nursing home did not provide one resident with ongoing evaluation and pain management. The citation goes on to note that in a July 2018 interview, the resident stated that he had “constant, incessant pain” which multiple medications had not alleviated, and that he had requested more than two months prior to see a pain management specialist, but he had not yet seen one. In an interview, the facility’s director of rehabilitation stated that the resident was not receiving physical therapy services and had been determined not to be a candidate for such; the citation states, however, that there was no recorded evidence of any screening conducted to evaluate and potentially modify the resident’s care and services to include pain management.
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.