The Emerald Peek Rehabilitation and Nursing Center Cited for Pressure Ulcer Violations

The Emerald Peek Rehabilitation and Nursing Center received 31 citations for violations of public health laws between 2015 and 2019, according to New York State Department of Health records accessed on November 26, 2019. The Peekskill nursing home’s citations resulted from a total of three inspections by state surveyors. The deficiencies they describe include the following:

1. The nursing did not provide treatment and services of a degree adequate to ensure prevention and/or healing of pressure ulcers. Section 483.25 of the Federal Code requires nursing home facilities to offer residents “care, consistent with professional standards of practice, to prevent pressure ulcers” from developing and to heal existing pressure ulcers. A January 2019 citation found “no evidence” that when a resident developed a pressure ulcer, the facility undertook actions to get rid of risk factors connected to pressure ulcer development. In response to the citation, the facility implemented a plan of correction that included weekly risk assessment and intervention audits to ensure the proper execution of preventative measures for pressure ulcer development.

2. The nursing home did not take properly employ measures designed to ensure the prevention and control of infection. Under Section 483.80 of the Federal Code, nursing homes must “establish and maintain an infection prevention and control program” that creates a “safe, sanitary and comfortable environment” for residents. A January 2019 citation found that the Emerald Peek failed to comply with this section when it did not ensure its staff members adequately followed hand hygiene protocols during resident mealtimes. An inspector specifically observed a Certified Nursing Assistant assisting multiple residents during mealtime, including touching utensils and plates, without performing hand hygiene. During an interview with the inspector, the assistant stated that “she had made a mistake and should have washed her hands.” The citation described this failure as resulting in “potential to cause more than minimal harm.”

3. The nursing home did not ensure a safe, clean, comfortable, and homelike environment for residents. Section 483.10 of the Federal Code states in part that residents have a right to a safe, clean, comfortable, and homelike environment, including clean bed and bath linens, private closet space, and housekeeping and maintenance services as necessary. A January 2019 citation found that the facility failed to ensure the proper maintenance, “in a clean and homelike manner,” in two units encompassing more than 10 rooms. An inspector specifically observed “soiled” floors in multiple resident rooms that “exhibited multiple streaks and/or dullness.”

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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