Garden Care Center received 26 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on February 27, 2020. The facility has also been the subject of a 2016 fine of $12,000 in connection to findings during a 2012 inspection that it violated health code provisions regarding medication errors and pharmacy services. The Franklin Square nursing home’s citations resulted from a total of three surveys by state inspectors. The deficiencies they describe include the following:
1. The nursing home did not maintain low enough medication error rates. Under Section 483.45 of the Federal Code, nursing homes must keep medication error rates under five percent. An August 2017 citation found that Garden Care Center did not ensure a low enough rate. The citation states specifically that a resident received two puffs of their inhaler in spite of a physician’s order that they receive one, and that an error was administered a medication after a meal when it was ordered to be administered before meals. According to the citation, these incidents resulted in a medication error rate of eight percent.
2. The nursing home did not ensure resident drug regimens were kept free from unnecessary psychotropic medications. Per Section 483.45 of the Federal Code, nursing home facilities are required to ensure resident drug regimen do not unnecessarily include any medications that influence “brain activities associated with mental processes and behavior.” A March 2019 citation found that Garden Care Center did not ensure such in an instance in which a resident was given “an increase in their Antipsychotic and Mood Stabilization medication without clinical indications for the increase.” A plan of correction undertaken by the facility included a review of the resident’s medication by the attending physician, who ordered a gradual dose reduction.
3. The nursing home did not handle garbage and refuse adequately. Section 483.35 of the Federal Code requires nursing home facilities to “dispose of garbage and refuse properly.” A June 2016 citation found that Garden Care Center did not comply with this section. The citation states specifically that in an exterior area of the facility where food is delivered, “a large steel drum container holding used kitchen grease was observed to have a heavy build up of grease spillage.” The inspector also observed “a swarm of flying insects” near the container area. In an interview, the facility’s Food Service Director “stated that she will call the company and have the container removed.”
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.