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1. New York Nursing Home Livingston Hills Nursing & Rehabilitation Cited for Pressure Ulcers
Livingston Hills Nursing and Rehabilitation Center has received 66 citations for violations of public health code between 2017 and 2021, according to records accessed on November 12, 2021. It was recently placed on the “Special Focus Facility” list maintained by the Centers for Medicare and Medicaid Services. The Livingston nursing home facility’s citations resulted from a total of eight surveys by state inspectors. The deficiencies they describe include the following:
The nursing home did not provide adequate pressure ulcer care. Section 483.25 of the Federal Code requires nursing homes to ensure residents receive a professional level of care and services to promote the healing of existing pressure ulcers and prevent the development of new pressure ulcers unless medically unavoidable. An April 2019 citation found that Livingston Hills Nursing and Rehabilitation Center failed to ensure such. The citation specifically states that the nursing home did not provide adequate interventions to prevent or promote the healing of a pressure ulcer on a resident’s coccyx. The citation describes the lack of interventions added to the resident’s care plan after the resident was documented as at risk for a pressure ulcer; a review found additionally that after an ulcer was documented, there was “no care plan for the necrotic wound and/or the wound infection.” In an interview, the facility’s Medical Director said “he was not aware that there were no wound care orders to promote healing of the pressure sore” and that the resident “received a substandard of care.” A plan of correction undertaken by the facility included the education of all nursing staff.
The nursing home failed to adequately prevent accidents. Section 483.25 of the Federal Code states that nursing homes must ensure resident environments remain as free as possible of accident hazards, while providing residents with adequate supervision and assistance devices to prevent them from sustaining accidents. An April 2019 citation found that Livingston Hills Nursing and Rehabilitation Center failed to ensure such for nine residents. The citation goes on to describe a resident who was not ensured a “locked space to keep his insulin supplies”; seven residents for whom the facility did not identify smoking hazards and implement interventions; and one resident on a ground diet whom the resident failed to ensure “did not have access to a regular consistency diet by trading food with her husband who was on a regular consistency diet.” A plan of correction undertaken by the nursing home included the education of relevant staff on relevant policies.
The nursing home did not undertake adequate infection-control measures. Section 483.80 of the Federal Code requires nursing homes to establish and maintain an infection prevention and control program. An April 2019 citation found that Livingston Hills Nursing and Rehabilitation Center failed to ensure such. Among other things, the citation states that the facility failed to ensure three employees received the flu vaccine; failed to ensure that employees who did not receive the vaccine instead received “flu vaccine masks” to cover their mouths and noses; failed to ensure residents in a certain unit were “as free as possible from wound exudate (fluid) and blood); failed to ensure the at least annual review of policies and procedures; and failed to ensure the development and implementation of a water management plan. A plan of correction undertaken by the facility included the revision of policies and education of staff.
2. Livingston Hills Nursing Home Cited for Medication Errors
Livingston Hills Nursing and Rehabilitation Center has received 74 citations for violations of public health code between 2018 and 2022, according to New York State Department of Health records accessed on September 23, 2022. The Livingston nursing home’s citations resulted from a total of 15 inspections by state surveyors. The deficiencies they describe include the following:
The nursing home did not take adequate measures to prevent infection. Section 483.80 of the Federal Code stipulates that nursing homes must establish and maintain an infection prevention and control program designed to provide a safe and comfortable environment for residents. An April 2021 citation found that Livingston Hills Nursing and Rehabilitation Center failed to ensure such. The citation specifically describes the nursing home’s failure to ensure staff properly wore personal protective equipment while in units on contact precautions. The citation states further that staff did not perform proper hand hygiene while completing wound care for residents. A plan of correction undertaken by the facility included the education of staff with regard to PPE usage and hand hygiene practices.
The nursing home did not adequately prevent medication errors. Section 483.45 of the Federal Code stipulates that nursing homes must ensure their residents “are free of any significant medication errors.” A September 2020 citation found that Livingston Hills Nursing and Rehabilitation Center failed to ensure such. The citation specifically describes an instance in which a resident was not given their anticoagulation medication after returning from a surgical operation, missing three doses. A plan of correction undertaken by the facility included the resumption of the medication and the education of licensed staff on anticoagulant safety.
The nursing home did not adequately implement food safety procedures. Under Section 483.60 of the Federal Code, nursing homes must “Store, prepare, distribute and serve food in accordance with professional standards for food service safety.” An April 2021 citation found that Livingston Hills Nursing and Rehabilitation Center failed to ensure such. The citation specifically describes observations that “non-food contact surfaces and floors were not clean in the main kitchen and 2 of 3 kitchenettes.” The citation goes on to describe areas under ovens, tables, and shelves that “were soiled with a build-up of food particles and grime,” a refrigerator and microwave whose insides “were soiled with food debris,” and a “mold like substance” discovered on a refrigerator’s gaskets. A plan of correction undertaken by the facility included the addition of the areas in question to weekly and monthly cleaning schedules.
Indictment for Nursing Home Receptionist Charged with Stealing from Residents
Claire Weiland, a receptionist at Livingston Hills Nursing Home in Columbia County, was arrested for stealing over $6,000 from the resident trust account at the nursing home where she worked. Attorney General Eric Schneiderman stated that theexploitation of nursing home residents for personal gains will not be tolerated. Residents entrust their funds to the care of the staff of the home for safekeeping and are being abused in return.
A resident trust fund is an account held by all nursing homes in which residents funds are kept. Participation in the trust fund is not required but is made available upon request in order to help residents manage their money. All resident funds are placed into a single account, similar to that of bank, with records of each individual’s money; a small amount of cash is kept on-hand for resident’s daily use. Nursing homes and their staff are not permitted to use funds for personal gain or for any other matter, without the permission of the resident.
As a receptionist, Weiland was responsible for handling resident’s requests to have checks made out from the trust account. During the period of April 2013 to February 2014, Weiland was accused of having 24 checks for residents in her possession, not at the request of residents. In addition to possessing the checks, she also forged resident’s signatures on several checks and cashed them, for her own personal use. She was arrested on a sealed indictment and charged with twenty-four counts of Criminal Possession of a Forged Instrument in the Fourth Degree and seven counts of Petit Larceny. Weiland pleaded not guilty to the charges and was held on a $30,000 bond; the case is being handled by the Attorney General’s Medicaid Fraud Control Unit.
Nursing home residents are guaranteed rights such as the right not to suffer verbal, physical, sexual, or mental abuse as well as abuse of their money or property. Although there are safeguards in place to protect residents, these rules are sometimes broken. If you believe that you are being abused in any way, report it to an administrator at the facility immediately. The nursing home is required to investigate and report all suspected violations and injuries of unknown origin within five days of the incident.
Residents are also expected to be treated with respect by all staff members; living in a nursing home does not mean that you have lost all of your rights and the ability to live your life to the fullest. The government provides that you are allowed to have control over your daily activities, healthcare, privacy, and money management. As a resident, all records pertaining to you are available for you review upon request, do not hesitate to ask questions and be involved in your care, it is your right.
Helping Victims of Nursing Home Abuse & Neglect in New York
The New York Nursing Home Neglect and Abuse Lawyers 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.
