Coler Rehabilitation and Nursing Care Center received 30 citations for violations of public health code between 2016 and 2019, according to New York State Department of Health records accessed on January 31, 2020. The Manhattan nursing home’s citations resulted from a total of three surveys by state inspectors. The deficiencies they describe include the following:
1. The nursing home did not protect residents’ right to be free from the use of physical restraints. Section 483.10 of the Federal Code provides nursing home residents the right “to be free from any physical or chemical restraints imposed for purposes of discipline or convenience, and not required to treat the resident’s medical symptoms.” A November 2019 citation found that Coler Rehabilitation and Nursing Center did not ensure that when a resident was indicated for the use of restraints, they were provided with ongoing reevaluation for the need of such. The citation specifically describes a resident whose “bilateral hand mitten did not receive ongoing re-evaluation of the need for restraints.” In an interview, a Registered Nurse told an inspector that the mittens “were not considered as a restraint but as a protective device,” that they were “documented incorrectly” on the resident’s assessment, and that the staff “did not do a meeting together to discuss why we are using the mitten for this resident.” The citation states that the facility reviewed its definition of restraints and began looking at mittens as such.
2. The nursing home did not adequately maintain a safe and sanitary environment. Under Section 483.10 of the Federal Code, nursing home residents have a right to a safe, clean, comfortable, and homelike environment. A November 2019 citation found that Coler Rehabilitation and Nursing Care Center failed to ensure residents were provided with a safe, sanitary environment. An inspector specifically observed that a “wheelchair platform was… heavily soiled and dirty with chipped paint in places.” The citation goes on to state that the inspector observed a resident seated in a wheelchair that was placed on a wheelchair platform whose sides and base had “dust, dried on cream/brown colored substances caked and chipped paint chips [sic] in places.” The citation states the platform was observed in such condition on multiple instances. In an interview, the facility’s director said “We missed it and we will clean it right now and engineering will re-paint it.”
3. The nursing home did not ensure the proper storage and labeling drugs and biologicals. Under Section 483.45 of the Federal Code, nursing homes must label drugs and biologicals “in accordance with currently accepted professional principles, and include the appropriate accessory and cautionary instructions, and the expiration date.” A February 2018 citation found that Coler Rehabilitation and Nursing Care Center neglected to ensure the appropriate storage of medical supplies that contained biologicals. The citation specifically notes that an inspector observed two FLOQ swabs, one microtest tube, two Para-Paks, and 14 Star Swabs that were expired. In an interview, the facility’s Director of Nursing and Assistant Administrator said that “they are currently in progress of changing their supply system.” The citation states that this deficiency had the “potential to cause more than minimal harm.”
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.