Sea View Hospital, Rehabilitation Center and Home received 26 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on July 22, 2020. The Staten Island nursing home’s citations resulted from a total of four surveys by state inspectors. The deficiencies they describe include the following:
1. The nursing home did not take effective measures to prevent infection. Section 483.80 of the Federal Code stipulates that nursing homes must develop and maintain a program designed to prevent and control the spread of infection within the facility. An April 2018 citation found that Sea View Hospital, Rehabilitation Center and Home failed to ensure the maintenance of infection control practices. The citation specifically describes an instance in which a glucometer “was not cleaned before and after use and a used needle was not disposed of immediately after use.” It also describes “multiple observations” of inappropriate hygiene performed by nurses, for instance an occasion in which a Licensed Practical Nurse “turned on the faucet and agitated both hands for approximately five seconds,” without applying soap, before and after administering eyedrops to a resident. A plan of correction undertaken by the facility included the in-servicing of five nurses who did not follow infection control best practices.
2. The nursing home did not follow food safety best practices. 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.” A January 2020 citation found that Sea View Hospital, Rehabilitation Center and Home did not ensure such. The citation specifically describes sliced meats that were stored in the facility’s refrigerator “after 6 days of initial use,” including turkey that was stored “after 4 days of initial use.” The citation goes on to cite USDA recommendations “that leftovers can be kept in the refrigerator up to 3 or 4 days.” In an interview the facility’s Food Services Supervisor said that the sliced meats “that were in use are suppose to be thrown out in three days in and which is includes the first day the item was used [sic]”, and that she “missed it and did not dis[c]ard the meals.” A plan of correction undertaken by the facility included the discarding of the sliced meat.
3. The nursing home did not protect residents from the use of physical restraints. Section 483.10 of the Federal Code requires nursing homes to ensure residents’ right to be treated with respect and dignity, which includes a right to the freedom from any use of physical restraints for the purposes of discipline of convenience. An August 2018 citation found that Sea View Hospital, Rehabilitation Center and Home did not ensure such. The citation states specifically that the resident was observed sitting in their wheelchair in a hallway near the facility’s nursing station, in a restraint. It notes that the resident “was wearing a Hook-and-Loop Seatbelt that was equipped with an alarm and had a Velcro closure for ease of release,” but that staff had positioned the velcro to his back, preventing him “from being able to use the self-releasing provision of the Velcro belt.” It also states that the belt “was tied in a knot and hooked to the brakes of the wheelchair,” and as such the resident could not untie the knot and freely move in the wheelchair. In an interview, a Registered Nurse said that the seatbelt should not have been tied in such a manner, as it prevented the resident from being able to release it. A plan of correction undertaken b the facility included the in-servicing of certain staff on “restraints, seat belt application, neglect and mistreatment.”
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.
