Resort Nursing Home 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 9, 2020. The facility was also the subject of a 2010 fine of $2,000, in connection to findings of health code violations related to nutrition. The Arverne 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 adequate care to promote the healing of pressure sores (bedsores). Section 483.25 of the Federal Code stipulates that home facilities must provide residents with adequate treatment and services to promote the healing of pressure ulcers and bedsores. According to a November 2015 citation, Resort Nursing Home did not provide one resident with necessary treatment for such. The citation states specifically that the resident was provided with “incorrect treatment to his right heel.” The resident had five ulcers, according to the citation, and an inspector observed a wound nurse provide treatment to one of them in a manner that was not in accordance with the physician’s orders. The citation notes that this deficiency had the “potential to cause more than minimal harm,” and the facility noted that it potentially affected all residents with pressure ulcers.
2. The nursing home did not ensure the thorough investigation of alleged violations. Section 483.12 of the Federal Code states that nursing homes must respond to allegations of abuse and neglect by ensuring their thorough investigation. A January 2018 citation found that Resort Nursing Home did not ensure that its accident and incident reports were properly investigated so as to rule out neglect. The citation states specifically that one resident who had been identified at risk for falls, and who had experienced several falls, “was found on the floor with no documentation if the resident used the call bell or had the call bell in reach to request for help.” The facility’s Accident/Incident Report for the incident “did not have documented evidence” of whether the facility investigated the incident to determine if the resident’s call bell had been within reach, or if the resident had used the call bell before the incident. In an interview, the facility’s Registered Nurse Supervisor “stated the incident should have documented and investigated whether the call bell was used and whether it was in reach.”
3. The nursing home did not meet food safety standards. Section 483,60 of the Federal Code requires nursing homes to “store, prepare, distribute and serve food in accordance with professional standards for food service safety.” According to a June 2019 citation, Resort Nursing Home failed to ensure one of its dishwashers “was functioning properly to sanitize dinnerware and that food was stored under the proper temperatures.” The citation specifically found that it was not operating at the temperature necessary to properly sanitize pates and utensils, and that a walk-in freezer was not operating at the temperature necessary to maintain frozen foods in a frozen state. The citation found that this deficiency had “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.