The Enclave at Rye Cited over Abuse Allegation

The Enclave at Rye Rehabilitation and Nursing Center received 34 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 Port Chester nursing home’s citations resulted from a total of four inspections by state surveyors. The violations they describe include the following:

1. The nursing home did not thoroughly investigate an allegation of abuse. Section 483.12 of the Federal code states in part that nursing homes must provide evidence that all allegations of abuse, neglect, exploitation, or mistreatment are thoroughly investigated, and that the results of these investigations are reported to the proper authorities in a timely manner. An October 2018 citation found that The Enclave failed to properly investigate a resident’s allegation that she was sexually assaulted while sleeping. The citation states that there was “no documented evidence that the facility completed a thorough investigation of the resident’s allegation,” specifying further that there was no evidence the facility timely obtained interviews and statements from staffers who may have had knowledge of the events surrounding the alleged incident. Records show that in response to the citation, “the investigation was re-opened and reported to the Department of Health.”

2. The nursing home failed to ensure that residents’ drug regimens were free from unnecessary drugs. Section 483.45 of the Federal Code requires that nursing homes keep “each resident’s drug regimen… free from unnecessary drugs,” which includes drugs administered in excessive dosage or duration, or without adequate monitoring. A January 2017 citation states that one resident was unnecessarily administered an antipsychotic medication even though the resident’s plan of care “did not identify any behavioral symptoms for which the antipsychotic medication was prescribed.” According to the citation, a psychiatric nurse practitioner at one point recommended a decrease in the resident’s medication, but no evidence indicated that the recommendation was in fact implemented. In response to the citation, the facility implemented a gradual dose reduction of the medication in question.

3. The nursing home did not implement adequate food safety practices. Section 483.35 of the Federal Code stipulates that nursing homes must “store, prepare, distribute and serve food under sanitary conditions.” A November 2015 citation found that the facility failed to comply with this requirement, specifically finding that “chicken that was being cooked and cooled for the next day, was not cooled properly.” The citation goes on to note that the facility was not maintaining temperature logs in order to ensure that the chicken in question was properly cooled. Cooling requirements are critical to preventing the growth of bacteria that cause food poisoning, the citation notes, finding that this deficiency had the “potential to cause more than minimal harm.”

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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