Delmar Center for Rehabilitation and Nursing has received 80 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on March 5, 2021, as well as two fines totaling $20,000 since 2013. The Delmar 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 prevent medication errors. Section 483.45 of the Federal Code stipulates that nursing homes must ensure that “medication error rates are not 5 percent or greater.” A September 2020 citation found that Delmar Center for Rehabilitation and Nursing failed to ensure such. The citation states specifically that a medication error rate of 33.33% was observed during a medication pass, with four residents affected. Among other things, it describes a resident whose diabetes medication was administered more than ninety minutes after they were scheduled; a resident who refused their full dose but whose physician was not notified of such; and a resident whose medications were administered more than two-and-a-half-hours after they were scheduled. The citation states that these deficiencies had the “potential to cause more than minimal harm.”
2. The nursing home did not adequately implement accident prevention measures. Under Section 483.25 of the Federal Code, nursing homes must ensure resident environments are as free as possible of accident hazards. An April 2017 citation found that Delmar Center for Rehabilitation and Nursing failed to ensure such. The citation states specifically that in one unit, the door to a visitor lounge was left open; the lounge’s window was open; and “the screen behind the window was bowed out from the track.” According to the citation, these circumstances “created a potential elopement hazard.” A plan of correction undertaken by the facility included the closure of the window and the replacement of the screen.
3. The nursing home did not take adequate steps to prevent infection. Section 483.80 of the Federal Code requires nursing homes to establish and implement an infection prevention and control program that helps protect residents from developing and transmitting disease. A January 2019 citation found that Delmar Center for Rehabilitation and Nursing failed to ensure such. The citation states specifically that two residents with foley catheters were observed with their foley bags lying on the floor, in contravention of facility policy. It also states that the facility did not ensure staff who hadn’t received a flu vaccine “wore surgical masks that covered both mouth and nose in areas where patients are typically present leaving residents at higher risk for transmission of the flu” in two units. According to the citation, these deficiencies had the “potential to cause more than minimal harm.” A plan of correction undertaken by the facility included the disciplining and/or re-education of relevant staff members.
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.
