Queens Nassau Rehabilitation and Nursing Center received 11 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 has also received two fines: one $10,000 fine in April 2018 over findings of multiple health code violations; and one $20,000 fine in November 2011 over findings it violated health code provisions regarding quality of care and physician visits. The Far Rockaway nursing home’s citations resulted from a total of four inspections by state surveyors. The deficiencies they describe include the following:
1. The nursing home did not proper follow infection prevention and control policies and procedures. Under Section 483.80 of the Federal Code, nursing home facilities must design and execute “an infection prevention and control program designed to provide a safe, sanitary and comfortable environment” for residents. An August 2018 citation found that Queens Nassau Rehabilitation and Nursing Center did not ensure staff performed “proper hand hygiene between residents to prevent the spread of infections.” An inspector specifically observed a Licensed Practical Nurse administering medications without performing hand hygiene. An inspector also observed the Licensed Practical Nurse in question assisting a resident with care and opening medication for another resident without performing hand hygiene in between. The citation states that this “deficient practice was observed on multiple occasions.”
2. The nursing home did not ensure the provision of services by qualified persons in accordance with residents’ plans of care. Section 483.21 of the Federal Code requires that “services provided or arranged” by nursing home facilities and outlined in residents’ comprehensive care plans must be “provided by qualified persons in accordance with each resident’s written plan of care.” An April 2017 citation found that the nursing home did not ensure one resident received services in accordance with their plan of care. The citation specifically states that while the resident had been ordered by a physician to wear a right hand mitten, the resident was observed not wearing such. The mitten was intended to prevent the resident from pulling out their feeding tube, according to the citation, which notes that a Certified Nursing Assistant said in an interview that she “was under the assumption that as long as the resident is calm the mitten does not have to be on.”
3. The nursing home did not ensure residents received necessary treatment to maintain vision. Under Section 483.25 of the Federal Code, nursing homes are required to provide residents with “proper treatment and assistive devices to maintain vision and hearing abilities,” including by arranging for and facilitating specialist appointments. A March 2016 citation found that the nursing home did not ensure one of its residents with adequate services to ensure they received timely vision treatment. The citation specifically states that after a resident’s optometry appointment, recommendations made in that appointment were not addressed for two weeks. 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.