Northern Manhattan Rehabilitation and Nursing Center received 24 citations for violations of public health code between 2016 and 2019, according to New York State Department of Health records accessed on February 7, 2020. The Manhattan nursing home’s citations resulted from a total of six surveys by state inspectors. The deficiencies they describe include the following:
1. The nursing home did not keep medication error rates adequately low. Section 483.45 of the Federal Code requires nursing home facilities to maintain medication error rates below five percent. A March 2019 citation found that Northern Manhattan Rehabilitation and Nursing Center did not keep medication rates below that threshold. An inspector specifically found that one of the facility’s Licensed Practical Nurses did not administer medication to a resident as ordered, because it “was not in stock at the facility,” resulting in the resident never receiving their ordered daily dosage. The citation states that separately, another Licensed Practical Nurse administered a resident’s injectable medication through an incorrect route. The citation states that these deficiencies had the “potential to cause more than minimal harm.”
2. The nursing home did not implement adequate measures to investigate allegations of misconduct. Under Section 483.12 of the Federal Code, nursing homes are required to investigate, and provide evidence of investigations, any allegations of abuse, neglect, exploitation, or mistreatment. An April 2018 citation found that Northern Manhattan Rehabilitation and Nursing Center did not maintain evidence “that all alleged violations involving resident abuse by facility staff were reported to New York State Department of Health.” The underlying alleged violation was the report by a resident’s family member that a staff member “slapped the resident in her face,” which the citation states the facility failed to report to regulatory authorities in compliance with facility procedure stating that reports “must be made immediately upon having reasonable cause.” A plan of correction undertaken by the facility included the in-servicing of facility staff on relevant policy.
3. The nursing home did not employ adequate infection prevention and control measures. Section 483.80 of the Federal Code requires the establishment and maintenance of “an infection prevention and control program designed to provide a safe, sanitary and comfortable environment.” A June 2017 citation found that Northern Manhattan Rehabilitation and Nursing Center did not ensure the implementation of infection control practices. An inspector specifically observed an instance in which one of the facility’s Certified Nurse Assistant “did not perform hand hygiene after disposing of a plastic bag which contained a soiled incontinent brief and proceeding to handle a residents water pitcher.” A plan of correction undertaken by the facility included the in-servicing and disciplining of the CNA, as well as the in-servicing of all nursing staff on infection control and hand hygiene. The citation states that this deficiency had the “potential to cause more than minimal harm.”
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.