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Home  /  Nursing Home Violations  /  Elant at Newburg Hit with $72,000 Fine for Multiple Deficiencies

Elant at Newburg Hit with $72,000 Fine for Multiple Deficiencies

by Law Offices of Thomas L. Gallivan, PLLC 17 Aug2011

We have discussed the Orange County, NY nursing home Elant at Newburg several times on this blog. The Fall 2011 Long Term Community Care Coalition Newsletter documents a $72,000 fine levied against the facility resulting from a September 2, 2009 Department of Health survey.

Many of the deficiencies chronicled in the report will not be unfamiliar to readers of this blog: 483.75(f)–Proficiency of Nurse Aides; 483.25(c)–Proper Treatment to Prevent/Heal Pressure Sores; 483.13(c)–Facility Prohibits Abuse, Neglect; and so on. The deficiency discussed below, however, illustrates problems that exist as high up as the management level.

Title 42 Section 483.75(i) of the Code of Federal Regulations states that “(1) The facility must designate a physician to serve as medical director. (2) The medical director is responsible for (a) [I]mplementation of resident care policies; and (b) [T]he coordination of medical care in the facility.” The report, linked below, states that the Medical Director at Elant is the sole treating physician in the entire facility, thus the MD by default. The report also illustrates a lack of fundamental knowledge on the part of the MD with respect to diagnosis and treatment of pressure sores, as well as state and federal regulations regarding the same. There are 178 residents of Elant at Newburg; the MD is responsible for the medical treatment of each one.

Expecting a single physician to care for and treat close to two hundred residents is a lofty goal. Asking that physician to be knowledgeable about one of the most widespread health issues facing her residents is not, however. Perhaps the repeated individual deficiences documented by the DOH at Elant at Newburg are represenatative of deficiences at the top of the organizational structure. Regardless of the cause, it is evident that a shift in culture is necessary at Elant to stem what seems to be an incessant tide of deficiencies and failures.

Website Resource: Elant at Newburgh, Inc

Posted in: Nursing Home Violations, Pressure Sores

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