Premier Genesee Center for Nursing and Rehabilitation received 42 citations for violations of public health code between 2018 and 2022, according to New York State Department of Health records accessed on September 2, 2022. The Batavia nursing home’s citations resulted from a total of 10 inspections by state surveyors. The violations 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 residents with adequate supervision to prevent accidents, and further ensure an environment as free as possible from accident hazards. A November 2021 citation found that Premier Genesee Center for Nursing and Rehabilitation failed to ensure such. The citation specifically describes four resident care units with “issues with water temperatures exceeding 120 degrees Fahrenheit… in resident rooms and care areas.” It also describes a resident who “had an issue involving… smoking without supervision.” According to the citation, the resident was observed smoking unsupervised in contravention of facility policy. In an interview, the facility’s Director of Activities said that “no one is to be left unsupervised while smoking.” A plan of correction undertaken by the facility included the adjustment of a mixing valve to address the water temperatures, and a smoking assessment for the resident in question.
2. The nursing home did not maintain adequate staffing levels. Section 483.35 of the Federal Code stipulates that nursing homes must have “sufficient nursing staff with the appropriate competencies and skills sets to provide nursing and related services to assure resident safety and attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident.” A November 2021 citation found that Premier Genesee Center for Nursing and Rehabilitation failed to ensure such. The citation specifically states that four resident care units “did not have adequate staff based on the facility’s established minimum number of staff for each unit and each shift.” In an interview, the facility’s Scheduling Coordinator acknowledged that they and the Director of Nursing were aware that some shifts fell show of the minimum requirements, explaining that “for the past year the facility has been having difficulty getting enough staff to meet the Bare Minimum requirements the facility had determined.” A plan of correction undertaken by the facility included the in-servicing of clinical staff on staffing requirements and the contacting of staffing agencies.
3. The nursing home did not take adequate infection-prevention measures. Section 483.80 of the Federal Code mandates that nursing home facilities “must establish and maintain an infection prevention and control program designed to provide a safe, sanitary and comfortable environment and to help prevent the development and transmission of communicable diseases and infections.” A November 2021 citation found that Premier Genesee Center for Nursing and Rehabilitation failed to ensure such. The citation states specifically that the nursing home did not maintain adequate Covid-19 prevention measures, describing multiple staff members who did not properly wear personal protective equipment, including a hairdresser who was “observed not wearing a surgical mask while cutting unmasked residents’ hair.” In an interview, the facility’s Director of Nursing said that “all staff are required to wear a surgical mask at all times while in the facility to decrease the risk of COVID-19 transmission.” A plan of correction undertaken by the facility included the re-education of relevant staff.
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.