St. Margaret’s Center Cited for Fall, Infection Control

St. Margaret’s Center received 50 citations for violations of public health code between 2018 and 2022, according to New York State Department of Health records accessed on September 23, 2022. The Albany nursing home’s citations resulted from a total of 11 surveys by state inspectors. The violations they describe include the following:

1. The nursing home did not undertake adequate accident-prevention measures. Section 483.25 of the Federal Code stipulates that nursing homes must ensure resident environments that are as free as possible from accident hazards, and that they provide every resident with adequate supervision and assistance to prevent accidents. A March 2022 citation found that St. Margaret’s Center failed to ensure such. The citation specifically describes an instance in which the facility did not ensure the implementation of 15-minute checks of a resident “who had impaired motor control and used physical restraints that included a seat belt and chest harness to maintain safety and alignment in the wheelchair and who was at high risk for falls” for a period of one hour and twenty minutes. As a result, the citation states, the resident was subsequently found “unresponsive and slouched in their wheelchair, with the chest harness under their chin.” The citation states that this incident resulted in immediate jeopardy to the resident. The citation does not describe what, if any plan of correction was undertaken by the facility.
2. The nursing home did not maintain sufficient nursing staff. Under Section 483.35 of the Federal Code, nursing home facilities must “have sufficient nursing staff with the appropriate competencies and skills sets to provide nursing and related services to assure resident safety and attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident.” A March 2022 citation found that St. Margaret’s Center failed to ensure such. The citation specifically describes the facility’s failure to “ensure adequate staffing to provide nursing and respiratory care” on one date in January 2022. It goes on to describe two residents care-planned for 1:2 supervision for whom the facility failed to ensure staff were assigned. A plan of correction undertaken by the facility included the securing of additional nursing staff from other divisions of the nursing home.
3. The nursing home did not take adequate steps to prevent and control infection. Section 483.80 of the Federal Code requires nursing homes to maintain infection control programs that help prevent communicable diseases and infections. An April 2021 citation found that St. Margaret’s Center failed to ensure such. The citation specifically describes the facility’s failure to ensure the furloughing of a staff member with a temperature higher than 100 degrees until they received the results of a PCR test for Covid-19. A plan of correction undertaken by the facility included the education of relevant staff.

St. Margaret’s Center received 31 citations for violations of public health code between 2017 and 2021, according to New York State Department of Health records accessed on September 25, 2021. It has also received three fines totaling $36,000 since 2015. The Albany nursing home’s citations resulted from a total of seven surveys by state inspectors. The violations they describe include the following:

1. The nursing home did not adequately prevent accidents. Nursing home residents have the right to an environment as free as possible of accident hazards under Section 483.25 of the Federal Code. A February 11 citation found that St. Margaret’s Center failed to ensure such. The citation specifically describes the facility’s failure to ensure the siderails on a resident’s crib “were properly positioned and latched to prevent a fall from the crib.” According to the citation, a Certified Nursing Aide observed the resident flip out of their crib, after which the resident was observed sitting up on the floor, “crying and bleeding from the right side of the mouth.” A plan of correction undertaken by the facility included the re-education of nursing staff on the proper use of crib rails.
2. The nursing home did not implement adequate infection control measures. Section 483.80 of the Federal Code requires nursing homes to create and maintain an infection prevention and control program in order to mitigate the transmission of disease. A March 2019 citation found that St. Margaret’s Center failed to ensure such. The citation specifically describes a wound dressing change in which a Licensed Practical Nurse did not maintain standard safety precautions. It goes on to describe the resident placing dressing supplies on the resident’s bed “without a barrier” and conducting certain actions without washing her hands and changing gloves beforehand, per safety standards. A plan of correction undertaken by the facility included the re-education of the nurse in question.
3. The nursing home did not abide by food service safety standards. Under Section 483.60 of the Federal Code, nursing homes must “safe growing and food-handling practices. (iii) This provision does not preclude residents from consuming foods not procured by the facility. §483.60(i)(2) – Store, prepare, distribute and serve food in accordance with professional standards for food service safety..” A February 2020 citation found that St. Margaret’s Center failed to ensure such. The citation specifically describes an automatic dishwasher that was not operated “within the manufacturer’s specifications.” It also states that sink faucets were observed leaking and that equipment and floors “required cleaning.” A plan of correction undertaken by the facility included the replacement of the dishwasher’s temperature light switch and the cleaning of soiled areas.

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.