Martine Center for Rehabilitation received 30 citations for violations of public health laws between 2015 and 2019, according to New York State Department of Health records accessed on November 14, 2019. The White Plains nursing home’s citations resulted from a total of three inspections by state surveyors. The violations they describe include the following:
1. The nursing home did not ensure an environment free of accident hazards. Section 483.25 of the Federal Code requires nursing home facilities to provide an environment as free as possible from accident hazards, and with adequate supervision and assistive devices to prevent accidents. A June 28, 2018 inspection found that a resident who suffered a fall resulting in an injury had not been provided with non-skid socks, as her plan of care directed. She was considered “at risk for falls secondary to impaired mobility and functional status,” and after a 2017 fall, staff members were directed to ensure she wore non-skid socks at all times. After a later incident in which she fell while trying to go to the bathroom, an inspector found, the subsequent investigation “did not address whether the resident was wearing the appropriate footwear” or if staff were implementing her plan of care properly to ensure such. The inspector found that this lapse resulted in the “potential to cause more than minimal harm.”
2. The nursing home did not ensure medication error rates below five percent. Section 483.45 of the Federal Code requires nursing home facilities to maintain medication error rates that do not reach five percent or greater. A June 2018, 2018 inspection found that Martine Center for Rehabilitation and Care failed to ensure its error rate did not exceed 5% for two of six residents surveyed, with an inspector specifically observing a rate of 11%. In both cases, according to the citation, the residents were not administered their morning medication at the proper time. As a result of the citation, one of the nursing staff found to be responsible for the deficiency was terminated, while the other was provided with education on the administration of the relevant medication.
3. The nursing home did not comply with food safety requirements. Section 483.60 of the Federal Code requires that nursing homes “procure food from sources approved or considered satisfactory by federal, state or local authorities” and ensure the professional storage, preparation, distribution and service of that food. A June 28, 2018 inspection found that “multiple food items” in the facility were not properly “labeled, dated, or used by the expiration dates indicated,” as well as that a refrigerator was not in a “clean condition.” An inspector found that the refrigerator in question contained unidentified foods, a sandwich and a package of turkey bacon past their use-by dates, and the spillage of “a black liquid substance” in the refrigerator that had not been cleaned.
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.