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Kirkhaven has received 25 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on May 7, 2021. The Rochester 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 adequately prevent accidents. Section 483.25 of the Federal Code requires nursing homes to ensure resident environments remain as free as possible of accident hazards. A March 2019 citation found that Kirkhaven failed to ensure such. The citation states specifically that hot water temperatures in the nursing home’s resident rooms and one shower room “exceeded the regulation standard of 120 degrees Fahrenheit,” with observations in resident individual rooms identifying temperatures of 123.3 degrees, 123.1 degrees, 122.6 degrees, 122.1 degrees, 121.5 degrees, and 121.7 degrees. The citation states further that “When a policy related to hot water temperatures and monitoring resident rooms was requested, none was provided.” A plan of correction undertaken by the facility included the education of relevant staff.
2. The nursing home did not take adequate steps to prevent infection. Section 483.80 of the Federal Code requires nursing homes to create and maintain a program designed to prevent the development and transmission of disease and infection. A March 2019 citation found that Kirkhaven failed to ensure such. The citation states specifically that the nursing home “was unable to provide evidence of a complete Infection Control Program that investigates, controls, and prevents infections in the facility.” It goes on to describe a review of infection control protocols that revealed missing data analysis and control measures. A plan of correction undertaken by the facility included the updating of records and re-education of relevant staff.
3. The nursing home did not adequately prevent medication errors. Section 483.25 of the Federal Code stipulates that nursing homes must keep residents “free of any significant medication errors.” A March 2019 citation found that Kirkhaven failed to ensure such. The citation states specifically that four residents in one unit were not kept free from significant medication errors, and goes on to describe late medication administrations that weren’t documented in progress notes. In an interview, a Licensed Practical Nurse at the facility attributed the late administrations to “the number of residents that require medications and the scheduled times that medications are due,” saying that “it is not humanly possible to pass all the medications in that window of time.” A plan of correction undertaken by the facility included the re-education of relevant staff.
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.
