Apex Rehabilitation & Care Center received 29 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on March 21, 2020. The Huntington Station 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 protect residents from abuse. Section 483.12 of the Federal Code requires nursing homes to ensure residents’ right to freedom from abuse. A December 2019 citation found that Apex Rehabilitation & Care Center did not ensure such for two residents. The citation states specifically that two Certified Nursing Assistants “placed the back of [a resident’s] bra strap over the wheelchair handle when the resident was exhibiting behavioral symptoms and constantly trying to stand up from the wheelchair.” The citation states further that one of those CNAs was captured on the facility’s video surveillance pushing a resident “to sit back in his wheelchair.” A plan of correction undertaken by the facility included the interview, suspension, investigation, and termination of both CNAs.
2. The nursing home did not prevent residents from receiving unnecessary drugs. Section 483.45 of the Federal Code requires nursing home resident drug regimens to “be free from unnecessary drugs.” A February 2018 citation found that Apex Rehabilitation & Care Center did not ensure such for one resident. The citation states specifically that the resident’s anti-psychotic medication was not timely discontinued following a recommendation for such and an agreement by the facility’s nurse practitioner. The citation states additionally that the resident was placed back on the medication after exhibiting a disruptive behavior but without an assessment by a registered nurse or documented evidence of attempted non-pharmacological interventions. A plan of correction undertaken by the facility included a discontinuation of the medication and the educational counseling of involved nurses.
3. The nursing home did not abide by food safety practices. Under Section 483.60 of the Federal Code, nursing home facilities must store and prepare food “in accordance with professional standards for food service safety.” A December 2016 citation found that Apex Rehabilitation & Care Center did not maintain the kitchen in a sanitary fashion. An inspector specifically observed “equipment in disrepair and areas that required thorough cleaning.” The citation states further that there were unprotected “thawing lunch foods” in a walk-in refrigerator. A plan of correction undertaken by the facility included the replacement of a broken temperature gauge, the disposal of non-protected food, and the cleaning of floor drains, garbage cans, a reach-in refrigerator, and the stove.
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.