Split Rock Rehabilitation and Health Care Center Cited for Abuse

Split Rock Rehabilitation and Health Care Center received 29 citations for violations of public health laws between 2015 and 2019, according to New York State Department of Health records accessed on December 7, 2019. The Bronx nursing home’s citations resulted from a total of four inspections by state authorities. The violations they describe include the following:

1. The nursing home did take adequate measures to protect residents from abuse and neglect. Under Section 483.12 of the Federal Code, nursing homes are required to ensure residents’ right to be free “from abuse, neglect, misappropriation of resident property, and exploitation.” A February 2019 citation described Split Rock Rehabilitation and Nursing Center’s failure to ensure one resident’s freedom from physical abuse. The citation specifically describes a nurse’s statement that they witnessed a therapist slapping a resident on his right cheek. According to a note recorded by the nurse, the therapist used his left hand to slap the resident on his right cheek, which was noted to “have marks of fingerprints.” The resident was administered Tylenol and a cold compress. A plan of correction described in the citation states that the therapist was placed under arrest after the incident and terminated from the facility.

2. The nursing home did not properly implement its infection and control program. Under Section 483.80 of the Federal Code, nursing homes are required to “establish and maintain an infection prevention and control program” that helps to prevent the development and transmission of communicable diseases and infections. An August 2019 citation found that the facility did not ensure the proper maintenance of its infection control protocols. An inspector specifically found that a Respiratory Therapist did not conduct proper hand hygiene while caring for two residents, and that a Licensed Practical nurse did not conduct proper hand hygiene while changing a resident’s dressing. The citation found that these failures resulted in the “potential to cause more than minimal harm” to residents.

3. The nursing home did not adequately implement food safety measures. Section 483.60 of the Federal Code requires that nursing homes must “procure food from sources approved or considered satisfactory by federal, state or local authorities” and further that they must provide for the professional storage, preparation, distribution and service of food and drink. According to an August 2019 citation, the nursing home did not ensure the maintenance of its equipment in a sanitary fashion, finding specifically that “the robot coupe R6N was still covered with grime and debris after staff cleaned it.” An inspector observed the device with “brown grime around the on and off knobs.” In an interview, the facility’s dietary aide said that the device was regularly cleaned and sanitized, and that the substance in question had “rust and discoloration.” A plan of correction undertaken by the facility provided for the proper cleaning and sanitizing of the device, as well as regular audits of equipment in the kitchen to ensure cleanliness.

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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