Foltsbrook Center for Nursing and Rehabilitation received 77 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on September 17, 2021. It has also received two fines totaling $12,000 since 2018. 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 adequately protect residents from accidents. Under Section 483.25 of the Federal Code, nursing home residents have the right to an environment “as free of accident hazards as is possible” and with adequate supervision to prevent accidents. A June 2021 citation found that Foltsbrook Center for Nursing and Rehabilitation failed to ensure such. The citation specifically describes a a resident who microwaved soup and then spilled it on her legs, resulting in a second-degree burn described in the citation as a “non-healing wound.” In a later incident, the resident received reheated soup which spilled on her abdomen, resulting in blisters. According to the citation, the facility did not have any policy to ensure the safe reheating of foods, and there were no thermometers available in the unit for staff members to check the temperature of reheated foods. A plan of correction undertaken by the facility included the removal of microwaves from common areas.
2. The nursing home did not implement adequate measures to prevent infection. Section 483.80 of the Federal Code stipulates that nursing homes must create and maintain an infection prevention and control program to protect residents from the development and transmission of disease. A June 2021 citation found that Foltsbrook Center for Nursing and Rehabilitation failed to ensure such. The citation specifically states that the facility did not have an adequate program to prevent the transmission of Covid-19. It goes on to describe a meal service in 2021 in which a Certified Nursing Aide was serving residents “at a distance closer than 6 feet with their surgical mask not covering their nose and mouth.” At the time, guidance provided by the state Department of Health required facility staff to wear a face masks when within 6 feet of residents. In an interview, the CNA said that the mask had come down and exposed their nose when they were talking; the facility’s Director of Nursing said that licensed practical nurses were expected to supervise staff mask use. A plan of correction undertaken by the facility included the re-education of the CNA in question.
3. The nursing home did not adequately protect residents from abuse. Section 483.12 of the Federal Code ensure nursing home residents “the right to be free from abuse.” A July 2019 citation found that Foltsbrook Center for Nursing and Rehabilitation failed to ensure such. The citation specifically descries five residents who were not protected from “verbal and/or physical abuse” by another resident whose care plan documented their potential to abuse others. In spite of this documentation, the citation states, “there were no documented goals or interventions” to prevent the resident from abusing others, and she both verbally abused residents and physically abused them. A plan of correction undertaken by the facility included the education of staff on the identification of abuse and intervention when abuse is identified.
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.
