The New Jewish Home Cited for Elopement, Fined $4,000

The New Jewish Home received 56 citations for violations of public health code between 2016 and 2019, according to New York State Department of Health records accessed on January 31, 2020. The facility has also been the subject of a 2011 fine of $2,000 in connection to findings it violated health code provisions regarding hydration; and a 2010 fine of $2,000 in connection to findings it violated health code provisions regarding accidents. The Manhattan nursing home’s citations resulted from a total of six surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not employ adequate steps to prevent residents from eloping. Under Section 483.25 of the Federal Code, nursing homes must ensure residents are provided with an environment as free as possible from accident hazards, as well as adequate supervision to prevent them from sustaining accidents. A July 2019 citation found The New Jewish Home did not adequately supervise one of its residents to prevent accidents. The citation states specifically that a resident with previous elopement attempts had “no documented monitoring instructions”; that facility staff did not timely respond to the activation of a door alarm; and that the staff “did not identify the source of 2 different door alarm activations.” According to the citation, the resident in question “successfully eloped undetected from the facility” after activating door alarms in two units and was later “found on an 11-foot-high scaffolding” in front of the facility. The citation notes that this deficiency put the resident in “immediate jeopardy” to health or safety.

2. The nursing home did not employ adequate steps to prevent and control infection. Under Section 483.80 of the Federal Code, nursing homes must “establish and maintain an infection prevention and control program” in order to ensure residents a “safe, sanitary and comfortable environment.” A July 2019 citation found that The New Jewish Home did not adequately comply with this requirement. The citation found specifically that that two residents who were receiving oxygen via nasal cannula had tubing resting on the floor, in contravention of policies and procedures. In an interview, a Licensed Practical Nurse stated, “It is a sanitary issue, where it is not clean… The tubing should be running from the concentrator onto the bed to the residents [sic] nose.” A plan of correction undertaken by the facility included the changing of the tubing in question and education of facility staff on revised facility policy concerning oxygen tubing.

3. The nursing home did not meet sanitation standards. Section 483.10 of the Federal Code states that nursing home residents have a right to a safe, clean, comfortable, and homelike environment. A July 2019 citation found that The New Jewish Home did not ensure a resident’s environment was maintained in a clean and comfortable manner. An inspector specifically observed that one resident’s bathroom had a “strong odor of urine”; and that another resident was “sitting in a wheelchair with built up dirt on the chair and cushion.” A plan of correction undertaken by the facility included the cleaning and disinfecting of a waste basket identified as the source of the odor, and the cleaning of the other resident’s wheelchair and cushion.

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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