Oceanview Nursing & Rehabilitation Center received 30 citations for violations of public health laws between 2015 and 2019, according to New York State Department of Health records accessed on January 2, 2020. The facility was also the subject of a 2009 fine of $2,000 in connection to findings it violated health code provisions regarding accidents. The Far Rockaway nursing home’s citations resulted from a total of four inspections by state surveyors. The violations they describe include the following:
1. The nursing home did not provide necessary care to promote the prevention and healing of pressure ulcers. Under Section 483.25(c) of the Federal Code, nursing homes must offer residents adequate treatment and services to promote the healing of pressure ulcers and bedsores, and to ensure that residents admitted without such do not develop them unless their condition renders it unavoidable. A January 2019 citation found that Oceanview Nursing & Rehabilitation Center did not ensure two residents were provided with necessary treatment and services to prevent the development of pressure ulcers. An inspector observed specifically that a Licensed Practical Nurse did not follow a physician’s order to treat a resident’s wound with dry gauze, instead treating it with a saline-soaked gauze pad. An inspector also observed another resident on two separate instances not wearing heel boots in accordance with a physician’s orders. The citation states that these deficiencies had the “potential to cause more than minimal harm.”
2. The nursing home did not provide residents with necessary treatment and devices to maintain hearing and vision. Section 483.25 of the Federal Code requires that nursing homes must ensure that residents “receive proper treatment and assistive devices to maintain vision and hearing abilities,” including by facilitating scheduling of and transportation to specialist appointments if necessary. A May 2016 citation found that the nursing home failed to ensure it addressed an ophthalmologist’s recommendation for one resident. An inspector specifically found that there was no documented evidence that the resident was seen by a retinologist, per the ophthalmologist’s recommendation. In an interview, the facility’s nurse practitioner stated that she misread the ophthalmologist’s consult, and as such did not know that the ophthalmologist had recommended the resident see a retinologist.
3. The nursing home did not provide adequate housekeeping and maintenance services. Section 483.15 of the Federal Code requires nursing homes to “provide housekeeping and maintenance services necessary to maintain a sanitary, orderly, and comfortable interior.” According to a May 2016 citation, an inspector observed “dirty and stained” fabric chairs in resident common areas; and nursing units that required maintenance work, including walls that needed painting and a shower room door frame “in disrepair.” According to the citation, these findings constituted “a repeat deficiency,” and had the ‘potential to cause more than minimal harm” to residents.
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.
