The Grand Pavilion for Rehab & Nursing at South Point received 32 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on March 20, 2020. The facility has also received two fines: one 2016 fine of $8,000 in connection to findings in a 2013 inspection that it violated health code provisions regarding resident rights and administration; and one 2011 fine of $10,000 in connection to findings in a 2010 inspection that it violated health code provisions regarding pressure sores. The Island Park nursing home’s citations resulted from a total of seven surveys by state inspectors. The deficiencies they describe include the following:
1. The nursing home did not adequately protect residents from nursing home abuse. Under Section 483.12 of the Federal Code, nursing homes have a right to “be free from abuse, neglect, misappropriation of resident property, and exploitation.” A March 2019 citation found that The Grand Pavilion for Rehab & Nursing at South Point did not ensure one resident’s right to freedom from sexual abuse. The citation states specifically that a “cognitively intact resident… inappropriately touched another resident… who was assessed as having impaired cognition.” A plan of correction undertaken by the facility included the placement of the first resident on one-to-one observation until he could be “discharged to another appropriate facility.”
2. The nursing home did not implement adequate measures to prevent medication errors. Section 483.45 of the Federal Code stipulates that nursing homes must ensure their residents remain “free of any significant medication errors.” An August 2018 citation found that The Grand Pavilion for Rehab & Nursing at South Point did not ensure such for one resident. The citation states specifically that the resident in question had a history of a redacted condition involving blood clots, and when their physician ordered a blood thinner medication to be administered every twelve hours, it “was not administered on 7 occasions over a two-month period due to failure to effectively address unavailability of the medication.” In an interview, the facility’s Director of Nursing said she did not promptly become aware of the medication’s unavailability, and that the facility could have made an arrangement to receive the medication sooner from a local pharmacy rather than wait for its delivery from a vendor pharmacy.
3. The nursing home did not take adequate measures to prevent and control infection. Section 483.80 of the Federal Code requires nursing homes to establish and maintain a program to prevent and control communicable diseases and infections. A March 2019 citation found that The Grand Pavilion for Rehab & Nursing at South Point did not ensure such. The citation states specifically that an inspector observed a nurse perform a pressure ulcer dressing change without washing her hands after removing her gloves upon finishing her cleansing of the resident’s peri-rectal area; the nurse then used the same gloves for the rest of the procedures. The citation goes on to state that a resident was observed with their Foley bag lying on the floor and wash basin on the toilet bowl seat; and that another resident was observed with their wash basin on the floor underneath their bed, both in contravention of policies and procedures. The citation states that these deficiencies 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.