Van Rensselaer Manor: Nursing Home Cited for Infection Control Lapses

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Van Rensselaer Manor received 36 citations for being in violation of public health code between 2018 and 2022 after the Troy nursing home was inspected a total of 8 times by state surveyors.

Van Rensselaer Manor received 36 citations for violations of public health code between 2018 and 2022, according to New York State Department of Health records accessed on June 17, 2022. The Troy nursing home’s citations resulted from a total of 8 inspections by state surveyors. The violations they describe include the following:

1. The nursing home did not take adequate steps to prevent and control infection. Section 483.80 of the Federal Code requires nursing homes to “establish and maintain an infection prevention and control program” that is designed in such a manner that it creates a “safe, sanitary and comfortable environment” that staves off the development and transmission of diseases and infections. An April 2021 citation found that Van Rensselaer Manor failed to ensure such. The citation specifically describes the facility’s failure to ensure staff on a quarantined unit, in which all residents “were on contact and respiratory precautions,” wore gowns between resident encounters on a consistent basis and regularly performed hand hygiene. The citation goes on to describe the facility’s failure to ensure resident social distancing during dining, as well as its failure to ensure the adequate sanitizing of reusable equipment. A plan of correction undertaken by the facility included the education of relevant staff.

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The nursing home was cited for failing to prevent and control infection, the staff members did not protect the residents from the use of physical restraints, and they also failed to comply with Covid-19 rules and regulations by not having residents and visitors properly wear their masks.

2. Van Rensselaer Manor was also cited for infection prevention and control failures in July 2020. According to this citation, the facility did not comply with federal and state guidance regarding “visitation, mask usage and social distancing.” It goes on to describe an instance in which visitors did not properly wear face masks and a resident was not properly wearing a face mask. In an interview, the facility’s Director of Nursing noted that “masks were to be worn at all times by both visitors and residents, unless a resident was having a difficult time wearing the mask.” A plan of correction undertaken by the facility included the re-education of staff regarding mask use.

3. The nursing home did not adequately protect residents from the unnecessary use of physical restraints. Under Sections 483.10 and 483.12 of the Federal Code, nursing home residents have the right to be “free from physical or chemical restraints imposed for purposes of discipline or convenience and that are not required to treat the resident’s medical symptoms.” An April 2021 citation found that Van Rensselaer Manor failed to ensure such. The citation states specifically that the facility did not ensure one resident’s alarmed seat belt clip was released every two hours, in accordance with their care plan. The citation states additionally that the facility failed to ensure another resident’s Velcro belt was assessed as a restraint. A plan of correction undertaken by the facility included the education of nursing staff on the facility’s policies and procedures concerning physical restraints.

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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