(914) 220-1086Foltsbrook Center for Nursing and Rehabilitation received 49 citations for violations of public health code between 2018 and 2022, according to New York State Department of Health records accessed on September 16, 2022. The Herkimer nursing home’s citations resulted from a total of six surveys by state inspectors. The violations they describe include the following:
1. The nursing home did not take adequate steps to prevent accidents. Section 483.25 of the Federal Code stipulates that nursing homes must provide residents with “adequate supervision and assistance devices to prevent accidents.”A November 2021 citation found that Foltsbrook Center for Nursing and Rehabilitation failed to ensure such. The citation specifically describes multiple incidents of resident-to-resident physical abuse that resulted in injuries to the head, leg, chest, finger, and hip. The citation states further that after one of the incidents of abuse, the facility did not implement a plan to prevent the aggressor from engaging in further abuse.
2. Foltsbrook Center for Nursing and Rehabilitation was also cited for failure to prevent accidents in September 2019. This citation described a resident who had been identified as at risk for elopement and for whom the facility “did not ensure interventions were implemented so the resident did not exit the building.” According to the citation, the resident was subsequently “able to leave [the] building and the floor without staff supervision.” The citation also describes another resident who displayed exit-seeking behavior, whom the facility did not properly supervise, and who was able to leave the facility. Finally, the citation describes a resident who smoked, but for whom “there was no documented evidence the resident was assessed for his ability to smoke unattended and safely possess and use smoking materials.” A plan of correction undertaken by the facility included the review and updating of the facility’s elopement policy.
3. The nursing home did not adequately prevent pests. Under Section 483.90 of the Federal Code, nursing homes are required to “Maintain an effective pest control program so that the facility is free of pests and rodents.” A July 2019 citation found that Foltsbrook Center for Nursing and Rehabilitation failed to ensure such. The citation specifically describes fruit flies that were observed in a dining room with residents present, as well as in the facility’s main kitchen and at a nursing station. A plan of correction undertaken by the facility included an audit of the services provided by the facility’s contracted pest control provider.
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.
