Wayne Health Care: Infection, Accident Citations

Wayne Health Care has received 23 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on August 14, 2020. The Newark nursing home’s citations resulted from a total of five surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not implement adequate measures to prevent accidents. Under Section 483.25 of the Federal Code, nursing homes must ensure resident environments are kept “as free of accident hazards as is possible; and each resident receives adequate supervision and assistance devices to prevent accidents.” A November 2016 citation found that Wayne Health Care did not ensure such. The citation states specifically that the nursing home did not comply with requirements concerning oxygen tanks and smoking. It goes on to describe a resident who “confessed that he removes his oxygen while lighting his cigarette and then replaces the nasal cannula into his nose,” causing the surveyor concern for the resident’s safety. In an interview, the facility’s Director of nursing “stated that she was aware of the resident’s non-compliance with smoking and they did not consider a wanderguard.” A plan of correction undertaken by the facility included the counseling of the resident regarding the nursing home’s smoking-free policy.

2. The nursing home did not take adequate steps to prevent infections. Section 483.65 of the Federal Code mandates that nursing homes must “establish and maintain an Infection Control Program designed to provide a safe, sanitary and comfortable environment and to help prevent the development and transmission of disease and infection.” A November 2016 citation found that Wayne Health Care did not ensure such. The citation states specifically that the nursing home “was unable to provide evidence of a complete infection control program that investigates, controls, and prevents infections in the facility, and did not maintain a record of incidents and corrective actions related to infections.” The citation describes this deficiency as having the “potential to cause more than minimal harm.”

3. The nursing home did not adequately prevent medication errors. Section 483.25 of the Federal Code requires nursing homes to “ensure that residents are free of any significant medication errors.” A November 2016 citation found that Wayne Health Care failed to ensure such. The citation states specifically that the nursing home failed to ensure one resident was kept free from significant medication errors. It goes on to describe a resident who “did not receive the nebulizer treatment as ordered.” A plan of correction undertaken by the facility included an audit of the resident’s medical records and the review of residents’ medication and treatment administration records.

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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