Orchard Rehabilitation & Nursing Center: Infection, Food Safety Citations

Orchard Rehabilitation & Nursing Center has received 28 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on May 28, 2021. The facility has also received $28,000 in fines since 2015. The Medina nursing home’s citations resulted from a total of four surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not take proper measures to prevent infection.

Section 483.80 of the Federal Code requires nursing homes to prevent the development and transmission of transmissible diseases and infections by establishing and upholding an infection control program. A February 2021 citation found that Orchard Rehabilitation & Nursing Center failed to ensure such. The nursing home infection citation states specifically that during the Covid-19 pandemic, the nursing home did not ensure its staff applied and removed personal protective equipment when they entered Covid-19 units. The citation goes on to state that the nursing home did not ensure five staff members were screened for symptoms of Covid-19 every twelve hours while they were on duty. Even more specifically, the citation describes a Certified Nursing Assistant who was observed “standing less than si feet away from” a resident while the resident “was coughing without wearing a face mask.” In another instance, a resident was observed coughing near a Licensed Practical Nurse who was standing “less than six feet away,” after which the LPN left the room “and did not change their lab coat and went down the hallway to speak with another staff member.” A plan of correction undertaken by the facility included the re-education of relevant staff.

2. The nursing home did not prevent the use of unnecessary psychotropic medications.

Under Section 483.45 of the Federal Code, nursing homes cannot administer psychotropic drugs to residents who have not used them, unless such medications are necessary to treat a specific, diagnosed and documented medical condition; the Section stipulates as well that residents who use such medications “receive gradual dose reductions, and behavioral interventions, unless clinically contraindicated, in an effort to discontinue these drugs.” A June 2019 citation found that Orchard Rehabilitation & Nursing Center failed to ensure such. The citation states specifically that the facility did not attempt gradual dose reductions for a resident who was taking an anti-anxiety medication, and that there was no “documented evidence of behaviors to support the continued use of the medication.” A plan of correction undertaken by the facility included the discontinuation of the medication.

3. The nursing home did not follow food safety procedures.

Under Section 483.60 of the Federal Code, nursing homes must ensure that food is stored, prepared, distributed, and served “under sanitary conditions.” A March 2018 citation found that Orchard Rehabilitation & Nursing Center failed to ensure such. The citation states specifically that the nursing home’s main kitchen floor was observed “with food debris and standing liquid on floor, carts holding clean trays were soiled, plate lids and food items for transport with dust and grime, grease behind the fryer, floor mats with dirt, clean storage room and dry storage room with dirty floors with debris.” A plan of correction undertaken by the facility included the immediate cleaning of “all floor areas in the kitchen, the dry storage room, [and] the clean storage room.”

The Law Offices of Thomas L. Gallivan, PLLC are dedicated to protecting nursing home residents and their families from abuse, neglect, and unsafe conditions. If your loved one suffered from infection control failures, medication errors, or negligent care in a New York facility, our experienced attorneys can help you understand your rights and pursue justice.

Contact our firm today for a free consultation with an experienced nursing home abuse lawyer.

Related: Orchard Rehabilitation & Nursing Center: Pressure Ulcer Citation