Coler Rehabilitation and Nursing Care Cited for Sex Abuse

Coler Rehabilitation and Nursing Care Center has received 27 citations for violations of public health code between 2018 and 2022, according to New York State Department of Health records accessed on March 25, 2022. The Roosevelt Island nursing home’s citations resulted from a total of six surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not protect residents from sexual abuse. Under Section 483.12 of the Federal Code, nursing home residents have the right “to be free from abuse,” including sexual abuse. A January 2022 citation found that Coler Rehabilitation and Nursing Care Center failed to ensure such. The citation specifically describes in which a resident allegedly wheeled another resident into a stairwell and touched her “breasts and pelvic area,” to which the latter resident said she “did not consent.” In an interview, the facility’s risk manager stated that even though the incident had been recorded over on the facility’s cameras, an investigation concluded that “the allegation did occur,” because of the victim’s “consistent interview and emotions regarding the allegation.” A plan of correction undertaken by the facility included the notification of police, restrictions on the resident who allegedly perpetrated the abuse, and training of nursing staff.

2. The nursing home did not employ adequate infection-prevention measures. Section 483.80 of the Federal Code stipulates that nursing homes must undertake various measures to prevent the development and transmission of diseases and infections, chiefly via the creation and maintenance of an infection control program. A January 2021 citation found that Coler Rehabilitation and Nursing Care Center failed to ensure such. The citation states specifically that the resident had lackluster Covid-19 mitigation protocols, as evidenced by an instance in which a Certified Nursing Aide “was observed not donning (putting on) gown and gloves prior to performing care to the residents on contact and droplet precautions.” In an interview, the facility’s Infection Control Preventionist stated that staff “are required to don full PPE” in such circumstances and was unable to explain why the CNA in question did not follow facility procedures. A plan of correction undertaken by the facility included the re-education of relevant staff.

3. Coler Rehabilitation and Nursing Care Center was previous cited for infection control deficiencies in May 2020. According to this citation, the nursing home did not adequately follow Covid-19 requirements issued by state authorities early in the pandemic. In spite of state guidance requiring nursing homes to separate residents based on their positive, negative, or unknown Covid-19 test results, the facility failed to transfer residents who tested negative into new rooms after their roommates tested positive for the virus. A plan of correction undertaken by the facility included the education of relevant staff regarding the state’s cohorting guidance.

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.