The Osborn Fined $10,000; Cited for Infection, Food Safety

The Osborn received 16 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on April 24, 2020. The facility has also received a 2016 fine of $10,000 in connection to findings in a 2014 inspection that it violated health code provisions regarding facility administration and resident rights. The Rye 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 employ adequate measures to prevent infection. Section 483.80 of the Federal Code states that nursing home facilities must create and uphold an infection prevention and control program designed with an aim “to provide a safe, sanitary and comfortable environment and to help prevent the development and transmission of communicable diseases and infections.” A November 2019 citation found that The Osborn did not adequately ensure staff followed proper hand hygiene and gloving technique so as to mitigate the risk of cross-contamination and the spread of infectious pathogens. The citation states specifically that an inspector involved a pressure ulcer wound care procedure in which a registered nurse did not wash her hands after discarding a soiled wound dressing and pair of gloves, and before donning a new pair of gloves. The nurse was then observed pouring sterile water on cleanser until gauze sponges and cleaning the resident’s wound without having sanitized her hands. In an interview after the procedure, the nurse “confirmed that she did not practice appropriate hand hygiene.”

2. The nursing home did not follow food safety standards. Section 483.60 of the Federal Code requires nursing homes to store and prepare food “in accordance with professional standards for food service safety.” A November 2019 citation found that The Osborn did not ensure such. The citation specifically states that during a tour of the nursing home’s kitchen area, an inspector observed a ceiling duct “with pieces of peeling white paint” between the food preparation area and the kitchen’s “washing, sanitizing, and disposal areas.” The citation goes on to state that during a tour of the facility’s family and pantry refrigerators, an inspector observed a Dietary Aide and a Certified Nursing Assistant “setting up and preparing the breakfast meal without hair restraints.” In interviews, the facility’s Food Service Director acknowledged that there was a potential for the peeling paint to fall and contaminate food or other items, and that staff involved in food preparation should be trained on proper practice.

3. The nursing home did not provide an adequate quality of care. Section 483.25 of the Federal Code requires nursing homes to provide residents with a quality of treatment and care that is in accordance with professional standards, residents’ choices, and residents’ care plans. A November 2019 citation found that The Osborn did not ensure such for one resident. The citation specifically states that for the resident in question, “professional standards of practice” were not met with regard to “the timely administration of residents.” The medication in question was a blood pressure medication, according to the citation, which was not provided to the resident in a timely fashion. In an interview, a Licensed Practical Nurse stated that the medication had been administered late because the resident refused to take it at the time it was supposed to be administered. The citation states 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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