Rutland Nursing Home has received 35 citations for violations of public health code between 2018 and 2022, according to New York State Department of Health records accessed on March 25, 2022. The Brooklyn nursing home’s citations resulted from a total of five surveys by state inspectors. The deficiencies they describe include the following:
1. The nursing home did not adequately protect residents from the use of unnecessary anti-psychotic medications. Under Section 483.45 of the Federal Code, nursing homes are required to keep residents’ drug regimens free from the unnecessary medications, including psychotropic drugs unless medically necessary. An August 2021 citation found that Rutland Nursing Home failed to ensure such. The citation specifically describes a resident who was administered a psychotropic medication despite the absence of “specific documentation of specific behaviors” that would merit such. In an interview, a registered nurse said that “they cannot say if this medication is needed for this resident.” The citation states further that the RN “was also unable to describe what behaviors the resident presented when considered agitated.” A plan of correction undertaken by the facility included the discontinuation of the medication.
2. The nursing home did not protect residents from the use of unnecessary drugs. Section 483.45 of the Federal Code ensures residents the right to “be free from unnecessary drugs.” A February 2020 citation found that Rutland Nursing Home failed to ensure such. The citation specifically describes a resident who received an incorrect insulin dosage, and for whom “an assessment and physician notification was not done” when their blood glucose levels were above 400 mg/dL. In an interview, the facility’s Registered Nurse Supervisor stated that when a resident’s blood glucose levels are above that number, nurses “should retest and document the secondary results, give the units indicated, and informed the Physician for the purpose of obtaining a new order for coverage.” A plan of correction undertaken by the facility included the re-education of relevant staff.
3. The nursing home did not adequately protect residents from the use of physical restraints. Section 483.10 of the Federal Code guarantees residents the right to be treated with respect and dignity, which includes the right “to be free from any physical or chemical restraints imposed for purposes of discipline or convenience.” A September 2021 citation found that Rutland Nursing Home failed to ensure such. The citation specifically describes three residents who were “observed with four side rails during multiple observations,” going on to describe ways in which these side rails kept the residents “from voluntarily getting out of bed.” In an interview, the facility’s Director of Nursing stated that the side rails could be used as assistive devices, and that “there should have been a care plan to reflect the use of the four side rails.” A plan of correction undertaken by the facility included the re-education of nursing 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.