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Pinnacle Multicare Nursing and Rehabilitation Center received 18 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on August 6, 2021. The Rye nursing home’s citations resulted from a total of six inspections by state surveyors. The violations they describe include the following:
1. The nursing home did not adequately protect residents from abuse. Section 483.12 of the Federal Code ensures nursing home residents “the right to be free from abuse.” A June 2021 citation found that Pinnacle Multicare Nursing and Rehabilitation Center failed to ensure this right for several residents. The citation states specifically that the nursing home failed to adequately monitor “a resident with a history of wandering and combative behavior” who entered another resident’s room, in which “a physical altercation ensued” and the first resident “sustained serious injuries and expired in the hospital.” In another incident described by the citation, another resident with “a history” of aggressive behavior was inadequately monitored by the facility, wandered into a fourth resident’s room and assaulted them, causing a fractured nose. In a third incident, a third resident with “a history of aggressive behavior” was not adequately monitored by the facility “and assaulted their roommate,” who sustained injuries. The citation states that these failures resulted in “actual harm.”
2. The nursing home did not take adequate measures to prevent infection. Section 483.80 of the Federal Code stipulates that nursing homes must endeavor to prevent the spread of disease by creating and maintaining an infection prevention and control program. A February 2021 citation found that Pinnacle Multicare Nursing and Rehabilitation Center failed to ensure such. The citation states specifically that the nursing home “facility failed to maintain infection control programs to help prevent the development and transmission of COVID-19.” It goes on to describe instances in which staff entered resident rooms without putting on isolation gowns or gloves before providing care to residents on contact precautions, as well as the facility’s failure to screen employees and vendors for Covid-19 symptoms. A plan of correction undertaken by the facility included the educational counseling of various staffers.
3. A May 2020 citation also found that Pinnacle Multicare Nursing and Rehabilitation Center failed to adequately establish and maintain an infection prevention and control program to provide residents with a safe, sanitary, and comfortable environment. This citation states specifically that the facility failed to follow Covid-19 guidance issued by the New York State Health Department pertaining to “cohorting requirements.” This guidance required nursing homes to separate residents “into cohorts of positive, negative, and unknown as well as separate staffing teams to deal with COVID-19-positive residents and non-positive residents.” According to the citation, residents at the facility with negative Covid-19 tests were roomed with residents who had not been tested. In nan interview, the facility’s Director of Nursing said “”they did not know that COVID-19 negative residents should not be residing in rooms with residents who had not been tested,” while the facility’s administrator said in another interview that it was “not cohorting COVID-19 negative residents who were newly admitted to the facility.” A plan of correction undertaken by the facility included the development of cohorting policies and procedures by the facility.
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.
