Buffalo Center for Rehabilitation and Nursing has received 126 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on April 30, 2021. The facility has additionally received three fines totaling $30,000 since 2008. The Buffalo nursing home’s citations resulted from a total of 15 surveys by state inspectors. The deficiencies they describe include the following:
1. The nursing home did not implement adequate infection-prevention protocols. Under Section 483.80 of the Federal Code, nursing homes are required to create and implement an infection control program “designed to provide a safe, sanitary and comfortable environment and to help prevent the development and transmission of communicable diseases and infections.” A July 2020 citation found that Buffalo Center for Rehabilitation and Nursing failed to ensure such. The citation states specifically that the nursing home failed to establish appropriate social distancing between residents while they were in “common and communal dining areas.” Whereas official guidance provided for residents to be seated at tables at least six feet apart, six residents were observed on multiple occasions seated together at a table instead of six feet apart. In an interview, the facility’s administrator said that “there should not be more than one resident eating at the dining table” and that “if there isn’t enough room to socially space the residents for meals, then the meals should be staggered to promote social distancing as required.” A plan of correction undertaken by the facility included the seating of residents at separate tables, more than six feet apart.
2. The nursing home did not provide adequate pressure ulcer care. Section 483.25 of the Federal Code requires nursing homes to provide residents with pressure ulcers a level of care necessary to promote healing, prevent infection, and prevent the development of new ulcers. A June 2018 citation found that Buffalo Center for Rehabilitation and Nursing failed to ensure such. The citation states specifically that the facility did not provide treatment as ordered to a resident who had a “stage 3 right gluteal fold pressure ulcer.” In an interview, the facility’s Assistant Director of Nursing said the physician’s orders for the resident’s treatment was not properly transcribed in the facility’s records, so the treatment was not completed. A plan of correction undertaken by the facility included the counseling of affected staff regarding the transcription of physicians’ orders.
3. A March 2017 citation also found that Buffalo Center for Rehabilitation and Nursing failed to provide proper pressure ulcer care in accordance with Section 483.25 of the Federal Code. The citation states specifically that a resident with a pressure ulcer “lacked a timely Registered Dietician (RD) assessment and interventions to promote healing for the resident with a facility acquired pressure ulcer on the sacrum.” In an interview, the facility’s Director of Nursing said that nursing staff should have notified the facility’s Registered Dietician “that the resident had skin breakdown when it started… to re-assess the resident’s dietary needs.” A plan of correction undertaken by the facility included the completion of a nutritional assessment and initiation of interventions by the Registered Dietician.
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.