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.
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.