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Casa Promesa has received 18 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on June 4, 2021. The facility has also received $4,000 in fines since 2019. The Bronx 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 adequately mitigate accident hazards. Section 483.25 of the Federal Code requires nursing homes to provide residents with adequate supervision to prevent accidents. A November 2019 citation found that Casa Promesa failed to ensure such. The citation states specifically that the facility “failed to have an effective system in place to monitor and supervise residents who smoke.” Its practice was to allow residents “to smoke at all times in smoke lounges” in three units, however, “Smokers assessed as being unsafe were observed smoking without supervision and without wearing protective equipment as ordered.” According to the citation, employees at the nursing home were aware of this, and additionally “demonstrated inconsistent knowledge of the supervision needs for unsafe smokers.” A plan of correction undertaken by the facility included the revision of the facility’s resident smoking policy and the education of facility staff on the new policy.
2. The nursing home failed to implement proper infection control protocols. Under Section 483.80 of the Federal Code, nursing homes must endeavor to prevent the development and transmission of transmissible diseases and infections by establishing and upholding an infection control program. A February 2020 citation found that Casa Promesa failed to ensure such. The citation states specifically that the facility the facility did not ensure the cleaning of blood pressure cuffs between resident uses; that it did not ensure a glucometer was cleaned after use; that it did not ensure three residents were assisted with hand hygiene before eating; and that it did not ensure oxygen tubing was not left on the floor. The citation states that these deficiencies had the “potential to cause more than minimal harm.” A plan of correction undertaken by the facility included the review and updating of its infection control and prevention policy.
3. The nursing home did not ensure abuse incidents were properly corrected. Under Section 483.12 of the Federal Code, nursing homes must respond to allegations of abuse in part by implementing corrective measures to prevent further abuse while the underlying allegations are investigated. An August 2020 citation found that Casa Promesa failed to ensure such. The citation states specifically that the nursing home did not implement every-30-minute checks after an incident of resident-to-resident abuse. Interviews with staff members confirmed that checks were not completed after the incident, with the facility administrator saying that “she was not sure why the 30-minute checks were not completed.” A plan of correction undertaken by the facility included the initiation of every-30-minute monitoring.
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.
