Seagate Rehabilitation and Nursing Center received 27 citations for violations of public health code between 2016 and 2019, according to New York State Department of Health records accessed on January 22, 2020. The Brooklyn nursing home’s citations resulted from a total of three surveys by state inspectors. The deficiencies they describe include the following:
1. The nursing home did not keep its residents free from the unnecessary use of physical restraints. Section 483.10 of the Federal Code ensures nursing home residents the right “to be free from any physical or chemical restraints imposed for purposes of discipline or convenience, and not required to treat the resident’s medical symptoms.” A November 2019 citation found that Seagate Rehabilitation and Nursing Center did not ensure that in a case where a resident was indicated for the use of restraints, facility staff implemented “used the least restrictive alternative for the least amount of time and documented ongoing re-evaluation of the need for restraints.” An inspector found specifically that there was a lack of documented evidence of an ongoing need by the resident for the use of an abdominal binder, that the resident was reevaluated for its use, and that behavior necessitating the use of the binder were documented by the facility. A plan of correction undertaken by the facility included an assessment of the resident’s need for the restraint, which found that she no longer needed it, and as such it was removed.
2. The nursing home did not adequately ensure the implementation of infection prevention and control practices. Per Section 483.80 of the Federal Code, nursing home facilities must “establish and maintain an infection prevention and control program.” A February 2018 citation found that Seagate Rehabilitation and Nursing Center did not maintain infection control practices in two instances. In one, an inspector observed a resident receiving oxygen through nasal cannula with part of the device’s tubing resting on the floor of their room. The inspector also observed a Licensed Practical Nurse pick up the tubing and put it on the resident’s bed’s side rail, rather than discarding it and replacing it with new tubing. In another instance, an inspector observed a Registered Nurse providing wound care to a resident without employing effective hand hygiene or other infection control practices, specifically neglecting to clean clean a table or wash her hands between removing her gloves and opening gauze. A plan of correction undertaken by the facility included the in-servicing of the staff members in question.
3. The nursing home did not ensure the proper storage of food. 483.60 of the Federal Code requires nursing homes to “Store… food in accordance with professional standards for food service safety.” A February 2018 citation found that Seagate Rehabilitation and Nursing Center did not comply with this section. An inspector specifically observed “leftover foods… unlabeled and not dated and stored in the refrigerator.” The food items in question included fish with lettuce and tomato as well as a pan of scrambled eggs. The citation notes that facility policy required the dating and labeling of leftover foods and prepared perishables. A plan of correction undertaken by the facility included the immediate removal and discarding of the unlabeled food items.
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.