Newfane Rehab & Health Care Center suffered 21 confirmed and 7 suspected COVID-19 deaths as of January 17, 2021, according to state records. The facility has also received 36 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on January 17, 2020. The Newfane nursing home’s citations resulted from a total of five surveys by state inspectors. The deficiencies they describe include the following:
1. The nursing home did not adequately protect residents from accidents. Under Section 483.25 of the Federal Code, nursing homes must provide every resident with “adequate supervision and assistance devices to prevent accidents.” A September 2019 citation found that Newfane Rehab & Health Care Center failed to ensure such. The citation states specifically that a resident who was care-planned to receive check-ups every 15 minutes and one-to-one supervision when off-unit was “observed wandering off the unit with no 1:1 staff or 15-minute check.” A plan of correction undertaken by the facility included the updating of the resident’s care plan and a monthly review of weekly wander-guard system summaries.
2. An August 2018 citation also found that Newfane Rehab & Health Care Center failed to adequately comply with accident hazard protocols. The citation states specifically that three resident care units “had issues with water temperatures exceeding 120 degrees Fahrenheit… in resident rooms and care areas.” The citation goes on to state that a resident who smokes had not received a smoking assessment, and that fall prevention interventions were not executed as plans for another resident. A plan of correction undertaken by the facility included the adjustment of a water mixing valve.
3. The nursing home did not adequately protect residents from medication errors. Section 483.45 of the Federal Code requires nursing home facilities to ensure that medication error rates do not exceed five percent. A March 2017 citation found that Newfane Rehab & Health Care Center failed to ensure such. The citation states specifically that there were two medication errors observed in 32 observed medication opportunities for two residents, resulting in an error rate of 6.25 percent. One error involved the administration of a medication at the incorrect time; the other involved “a medication being crushed prior to administration that is not to be crushed.” A plan of correction undertaken by the facility included the re-education of nursing staff with respect to medication administration.
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.
