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1. Neglect, Infection Control Citations
Humboldt House Rehabilitation and Nursing Center received 61 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on February 19, 2021. The facility has also received enforcement actions: a 2020 fine of $2,000 in connection to findings it violated Covid-19 testing regulations; a 2020 fine of $50,000 in connection to findings of health code violations; a 2018 fine of $10,000 in connection to findings of unspecified health code violations; and a 2017 fine of $2,000 in connection to findings it violated health code provisions regarding quality of care. The Buffalo nursing home’s citations resulted from a total of 11 surveys by state inspectors. The deficiencies they describe include the following:
The nursing home did not protect residents from 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 September 2019 citation found that Humboldt House Rehabilitation and Nursing Center failed to ensure such. The citation states specifically that for a resident with a suspected fracture, the nursing home failed to implement a physician’s orders, the substance of which are redacted. The citation goes on to state that the facility did not apply “an immobilizer/sling and left wrist brace… to immobilize the resident’s left upper extremity (LUE) as ordered.” A plan of correction undertaken by the facility included the transfer of the resident to the emergency room to rule out a fracture.
The nursing home did not implement adequate accident-prevention measures.
Section 483.25 of the Federal Code requires nursing homes to provide residents with an environment that “remains as free of accident hazards as is possible,” and where residents receive adequate supervision to prevent accidents. A September 2019 citation found that Humboldt House Rehabilitation and Nursing Center failed to ensure such. The citation states specifically that three resident units “had issues with water temperatures that exceeded 120 degrees Fahrenheit,” affecting six residents. The citation states that this deficiency had the “potential to cause more than minimal harm.” A plan of correction undertaken by the facility included the correction of water temperatures in the affected areas.
The nursing home did not properly implement measures to prevent and control infection.
Section 483.80 of the Federal Code stipulates that nursing homes must “establish and maintain an infection prevention and control program” in order to provide residents with a “safe, sanitary and comfortable environment.” An April 2020 citation found that Humboldt House Rehabilitation and Nursing Center failed to ensure such. The citation states specifically that the facility did not establish and maintain procedures adequate to prevent the transmission of Covid-19. It goes on to state specifically that facility employees “entered and exited” Covid-19 patients’ rooms and did not remove their gowns or gloves after exiting, nor conduct appropriate hand hygiene. The citation states additionally that Certified Nursing Assistants at the facility were “unable to identify residents that were on Contact and Droplet Precautions for COVID-19.” The citation states that these failures posed “Immediate jeopardy to resident health or safety.”
2. New York Nursing Home Fined 50k for Medication Error
The federal government fined a Buffalo nursing home $47,827 for erroneously administering insulin to a resident. According to The Buffalo News, the fine against Humboldt House represents the sixth largest in New York for 2018. The newspaper reports that a physician at the nursing home administered insulin to a diabetic resident in February 2018 despite a hospital discharge report warning the nursing home staff to “PLEASE AVOID GIVING THIS PATIENT INSULIN” – in all capital letters.
The nursing home resident, who was not named by the newspaper, was found unresponsive multiple times over the next few days. After reviving the elderly woman with medication and fruit juice, the nursing home finally realized its mistake. Federal officials determined this medication error caused “actual harm” to a patient, the most serious type of violation for a nursing home.
When determining fault, the federal agency concluded there was plenty of blame to go around. Unfortunately, the blamed parties appear to agree with the federal government’s assessment of everyone else’s incompetence but their own. Before administering the insulin to the elderly diabetic resident, the medication was signed off by the nursing home’s medical director and a physician. The medical director blamed the physician for the dangerous mishap, telling the Health Department, “The doctor should have looked at the discharge summary. It is expected the doctors read the discharge summary.” The doctor also attempted to absolve himself of responsibility by blaming the nurse, stating “I do not know why the insulin was ordered if the discharge summary had to stop it. The nurse must have misread the orders to me.”
Humboldt House says it “disciplined” both the doctor and nurse involved in the incident. To prevent this problem in the future, the nursing home says it implemented training for nursing staff to better monitor diabetic patients. Further, the New York nursing home says its facility is “in substantial compliance with all regulatory requirements,” which is a fairly low bar to set. The newspaper notes that Humboldt House is rated a “one-star nursing home” by the federal government – the lowest score possible.
Contact our New York Nursing Home Attorneys to discuss your potential case.
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.
