Casa Promesa received 36 citations for violations of public health code between 2018 and 2022, according to New York State Department of Health records accessed on September 2, 2022. The Bronx nursing home’s citations resulted from a total of seven inspections by state surveyors. The violations they describe include the following:
1. The nursing home did not protect residents from abuse. Section 483.12 of the Federal Code ensures residents the right “to be free from abuse.” A June 2022 citation found that Casa Promesa failed to ensure such. The citation specifically describes an instance in which a certified nurse assistant “pushed, hit, and restrained” a resident on the floor. The resident was subsequently transferred to an emergency room, having “sustained superficial scratches on the face with minimal bleeding.” A plan of correction undertaken by the facility included the development of an in-service training for de-escalation techniques.
2. The nursing home did not ensure the competency of its nursing staff. Section 483.35 of the Federal Code requires nursing home facilities to employ “sufficient nursing staff with the appropriate competencies and skills sets” to care for residents. A May 2022 citation found that Casa Promesa failed to ensure such. The citation specifically describes an instance in which the facility lacked documented evidence that it provided a resident with showering assistance. In an interview, the resident in question “stated they were supposed to receive a shower on Mondays, Wednesdays and Fridays on the evening shift but could not rely on getting one because there was not enough staff.” The facility’s Administrator acknowledged in a separate interview that “Staffing has been a constant issue, with many staff members staying home without calling out and then coming in days later without explanation,” adding that the facility was “actively recruiting and… interviewing every day for new staff.” A plan of correction undertaken by the facility included a virtual job fair and the implementation of monetary incentives for retention, punctuality, and extra shifts.
3. The nursing home did not adequately prevent and control infection. Section 483.80 of the Federal Code stipulates that nursing homes must establish and maintain a sanitary, comfortable resident environment, with an infection control program that mitigates the spread of transmissible diseases and infections. A May 2022 citation found that Casa Promesa failed to ensure such. The citation specifically describes an instance in which a nurse failed to sanitize a glucometer in between readings for four residents. It states additionally that the facility lacked documented evidence that five employees received a flu vaccine. A plan of correction undertaken by the facility included the in-servicing of nursing staff on infection control procedures, including the sanitization of glucometers.
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.
