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New Owner Takes Over Upstate Nursing Home with History of Providing Poor Care
A private company, the Upstate Services Group, purchased the Van Duyn Home and Hospital in November 2013 from Onondaga County for $5 million. Known as the “safety net” home for poor patients who can’t afford to go elsewhere, the 513- bed facility was placed on the Centers for Medicare and Medicaid Service’s (CMS) Special Focus Facility watchlist after receiving numerous deficiencies from the Department of Health. According to Onondaga County Executive Joanie Mahoney, the nursing home was losing millions of dollars a year for the local government. In addition, families of 14 residents at the facility have pending legal cases against the county alleging the facility caused injuries or deaths of elderly relatives. In October 2013, the county paid $250,000 to a family of a 97-year-old patient who died in 2011 after her broken leg went untreated for days.
After hiring a consultant and increasing staff training, the nursing home came off the watchlist in November 2013. Van Duyn Administrator Maureen Cerniglia stated that she and her staff worked hard to improve the care at the facility. She said, “We’ve done a very good job. We’ve had two solid years.”
The new owners, Uri Koenig, a certified public accountant, and Efraim Steif, a nursing home administrator, currently own or operate twelve nursing homes in New York, including the Central Park Rehabilitation and Nursing Center, a facility that was once on the government’s watchlist. Since taking over the facility in 2008, the center was removed from the list and has shown a “consistent high level of care,” according to the Department of Health. Moreover, in a recent report, the Department of Health stated that the new owner of Van Duyn will improve the “financial stability and quality of care” of the home.
Upstate Services’ Chief Operating Officer David Camerota stated that the company is hiring eight new nurses and 16 aides to improve the quality of care at Van Duyn. In addition, Camerota stated that the firm plans on renovating and opening a wing that was once shut down by the county. Moreover, the COO pointed out that his company expects to make a $500,000 profit during its first year of ownership by cutting employee benefits. For instance, employees will receive less vacation time, be required to pay more towards health benefits, and will no longer get credit towards a state pension.
Representatives from the Civil Services Employees Union Stated that employee contributions towards health premiums will double under the new owner. The CSEA tried to block the sale of the facility but lost the case in Supreme Court.
Camerota stated that the changes are fair to the employees. He stated, “We will be instituting a plan that we feel is competitive in the marketplace.”
Former County Legislator Chairman Jim Rhinehart said that he is optimistic about the changes. He said, “A lot of people were convinced that Van Duyn would have to close. There’s no reason why the private sector can’t be successful there and provide good service to the community.”
Website Resource: Van Duyn nursing home gets new life as Onondaga County cedes control to private firm, syracuse.com, Glenn Coin, December 1, 2013
Van Duyn Center for Rehabilitation and Nursing Cited for Abuse, Medication Errors
Van Duyn Center for Rehabilitation and Nursing has received 89 citations for violations of public health and safety code between 2017 and 2021, according to New York State Department of Health records accessed on October 15, 2021. The Syracuse nursing home’s citations resulted from a total of 20 surveys by state inspectors. The most recent inspection—on June 18th, 2021—described the following deficiencies:
The nursing home did not adequately prevent accidents. Under Section 483.25 of the Federal Code, nursing homes must ensure residents receive an environment as free as possible of accident hazards. A June 2021 citation found that Van Duyn Center for Rehabilitation and Nursing failed to ensure such. The citation states specifically that the facility lacked a plan to evacuate a resident who weighed around 700 pounds and “was not mobile” from their room during an emergency. As the citation describes, the resident “required assistance with activities of daily living” and their care plan documented the need of a mechanical lift. In an interview, staff members said the resident’s bed would not fit through their room’s doorway and that they were “not trained in bariatric evacuation.” Both a certified nursing aide and a licensed practical nurse stated that they had not been trained in bariatric evacuation and were not sure how to evacuate the resident. In an interview, the facility’s Director of Nursing said they were not certain whether there was an evacuation plan for bariatric residents. A plan of correction undertaken by the facility included the development of an evacuation plan for the resident, the training of staff, and the purchase of necessary equipment.
The nursing home did not employ 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 help protect residents from disease. A June 2021 citation found that Van Duyn Center for Rehabilitation and Nursing failed to ensure such. The citation specifically describes the facility’s failure to employ adequate Covid-prevention practices. In one instance, according to the citation, “3 staff members were observed wearing surgical masks that did not cover their nose and a staff member was observed not wearing a mask while drinking coffee in the hallway.” This conduct contravened state and federal guidance regarding the use of face masks. In an interview, the facility’s registered nurse infection preventionist said that face masks should be worn when staffers enter the building and “should remain over the nose to be worn appropriately.” The nurse also said that “staff should not be drinking beverages in the hallway or around residents.” A plan of correction undertaken by the facility included the implementation of a regular PPE audit.
The nursing home failed to control pests. Under Section 483.90 of the Federal Code, nursing homes are required to “Maintain an effective pest control program so that the facility is free of pests and rodents.” A June 2021 citation found that Van Duyn Center for Rehabilitation and Nursing failed to ensure such. The citation specifically describes cockroaches observed in the facility’s main kitchen as well as two units’ kitchenettes. In one instances an inspector observed three live cockroaches atop some boxes, and upon moving the boxes observed “over 20 live cockroaches scattered on the floor.” A plan of correction undertaken by the facility included the treatment of the relevant areas by a pest control company.
The nursing home did not adequately protect residents from accidents. Section 483.25 of the Federal Code requires nursing homes to provide residents with a level of supervision necessary to prevent accidents. An October 2020 citation found that Van Duyn Center for Rehabilitation and Nursing failed to ensure such. The citation specifically describes one resident who “wandered frequently and had multiple altercations with” another resident, and for whom “there was no documented evidence the level of supervision” for the first resident “was increased to prevent accidents.” This resident later “had a sexual incident” with a third resident and an “altercation” with a fourth resident during which he (the first resident” sustained an injury. In an interview, a Registered Nurse at the facility said “it was difficult to implement interventions to keep residents safe due to their unpredictable behaviors.” A plan of correction undertaken by the facility included the re-education of staff on their responsibilities to supervise residents and to “intervene at the first sign of aggression or intrusive wandering.”
The nursing home did not adequately prevent medication errors. Section 483.45 of the Federal Code stipulates that nursing homes must keep residents “free of any significant medication errors.” A November 2020 citation found that Van Duyn Center for Rehabilitation and Nursing failed to ensure such. The citation specifically describes an instance in which 19 residents “did not receive medications as ordered.” The citation describes this deficiency as having the “potential to cause more than minimal harm.” A plan of correction undertaken by the facility included the re-education of scheduling staff and registered nurse managers “regarding the process to follow if a unit does not have an assigned nurse to administer medications.”
The nursing home did not protect residents from abuse or neglect. Section 483.12 of the Federal Code ensures nursing home residents “the right to be free from abuse, neglect, misappropriation of resident property, and exploitation.” A February 2020 citation found that Van Duyn Center for Rehabilitation and Nursing failed to ensure such. The citation specifically describes a resident who was injured by a Certified Nursing Aide “who did not know the resident’s care needs when she provided care to the resident.” The citation goes on to state that when the CNA “noticed the resident’s injury, she did not immediately report the injury to Administration,” resulting in “actual harm” to the resident, including soft tissue swelling to her lower leg bones, as well as “a large bump on the leg, and pain.” A plan of correction undertaken by the facility included the termination of the CNA in question and the counseling of another CNA “regarding the need to report any resident injury to the RN unit manager/supervisor immediately.”
Syracuse Nursing Home Placed on “Special Focus” List
A “troubled” nursing home in Syracuse, New York has been placed on the federal government’s “special focus facilities list,” meaning it may end up named one of the worst-performing facilities in the country for a second time, according to a report by Syracuse.com.
The nursing home, Van Duyn Center for Rehabilitation and Nursing, was first placed on the SFF list in 2011 after it was found to have “serious quality problems.” At the time its owner was Onondaga County; a few years later, it was purchased by the for-profit nursing home organization Upstate Services Group, which still owns it today.
As Syracuse.com notes, if nursing homes on the SFF list fail to address their problems, they may lose critical funding from Medicare and Medicaid. Van Duyn Center for Rehabilitation and Nursing was placed on the SFF candidate list in September following findings by state inspectors—who generally survey nursing homes for health and safety code violations on an annual basis, but scrutinize SFF-listed homes twice annually or more—found numerous infractions at the facility, including the November 2020 death of a resident suffering from “serious complications of diabetes after nurses failed to tell a doctor the person’s blood sugar levels were dangerously high.”
Inspectors also found residents with hygiene issues and expired meds, staffers failing to follow PPE procedures, and “an immobile 700-pound resident who could not be evacuated if a fire broke out.” In December 202, an 84-year-old resident died of an accidental hanging after falling and getting her hospital gown “caught on a bathroom door handle.” As the report notes, the resident’s care plan included a requirement for assistance transferring to the bathroom and back to her bed, but in this instance “staff did not help her.”
Van Duyn Center for Rehabilitation and Nursing’s inspection records are available via the New York Department of Health. They currently show six enforcement actions against the facility since 2012, resulting in a total of $74,000 in fines. The nursing home has received 89 health and safety code citations over the course of 20 inspections since 2017 (with six inspections that did not result in any citations). The most recent inspection, in June 2021, found failures to prevent and control infection, to protect residents from accidents, to maintain an effective pest control program, to label and store drugs and biological materials, and to provide residents with a safe, clean, comfortable, and homelike environment.
Van Duyn Center for Rehabilitation and Nursing: Coronavirus Deaths, Citations
Van Duyn Center for Rehabilitation and Nursing suffered 13 coronavirus deaths as of May 17, 2020, per state records. The nursing home also received 78 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on May 18, 2020. The facility has additionally received seven enforcement actions, including: a 2019 fine of $2,000 in connection to findings in a 2015 inspection that it violated unspecified health code provisions; a 2018 fine of $10,000 in connection to findings in a 2015 inspection that it violated unspecified health code provisions; and a 2016 fine of $40,000 in connection to findings that it violated health code provisions regarding transfer and discharge requirements, discharge, quality of care, and staff treatment of residents. The Syracuse nursing home’s citations resulted from a total of 14 surveys by state inspectors. 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 requires nursing homes to maintain an infection control program that ensures residents a sanitary environment. A January 2017 citation found that Van Duyn Center for Rehabilitation and Nursing did not ensure such. The citation states specifically that two employees “did not receive the flu vaccine, did not sign a declination of influenza vaccination, and were observed wearing their flu masks incorrectly.” The citation goes on to state that eight other employees wore their flu masks incorrectly, “potentially exposing residents and staff to influenza.” The citation states that this deficiency had the “potential to cause more than minimal harm.”
The nursing home did not adequately prevent medication errors. Section 483.45 of the Federal Code requires nursing homes to keep residents “free of any significant medication errors.” A February 2019 citation found that Van Duyn Center for Rehabilitation and Nursing did not ensure such. The citation states specifically that a resident’s antibiotic eyedrops “were not administered as ordered,” and that the resident’s physician was not informed about a lack of improvement in the resident’s condition following the administering of the eyedrops in question. A plan of correction undertaken by the facility included the discontinuation of the medication in question.
The nursing home did not employ adequate measures to promote the healing of pressure ulcers / bedsores. Section 483.25 of the Federal Code states that nursing homes must ensure residents with pressure sores are provided “necessary treatment and services to promote healing, prevent infection and prevent new sores from developing.” A November 2016 citation found that Van Duyn Center for Rehabilitation and Nursing did not provide such for one resident. The citation states specifically that whereas the resident had been ordered certain treatments for a pressure ulcer on his right heel, he did not receive those treatments. In an interview, two of the facility’s licensed practical nurses stated that they were too busy to complete the treatments. In an interview, the resident said that “some staff never do his pressure ulcer treatment.
Contact a New York Nursing Home Abuse Lawyer
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.
