Sunharbor Manor received 32 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on March 16, 2020. The facility has also been the subject of a 2010 fine of $10,000 in connection to findings that it violated health code provisions regarding quality of care. The Roslyn Heights 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 abuse. Section 483.12 of the Federal Code ensures nursing home residents the right to freedom from abuse. A July 2019 citation found that Sunharbor Manor did not ensure this right for one resident. The citation states specifically that when a Licensed Practical Nurse approached the resident “from behind and injected him with a syringe through his long-sleeved shirt,” the resident responded with agitation and “tried to hit the nurse,” resulting in the nurse pushing the resident “to the floor causing him to fall sideways in his wheelchair and then to the floor.” In an interview, the facility’s Director of Nursing stated that an investigation she conducted ended in the conclusion that “there was possible abuse.” A plan of correction undertaken by the facility included the termination of the nurse.
2. The nursing home did not adequately protect residents from the administering of unnecessary drugs. Section 483.45 of the Federal Code stipulates that nursing home residents’ drug regimens “must be free from unnecessary drugs.” A February 2017 citation found that Sunharbor Manor did not ensure one resident’s drug regimen “had adequate indications for its use.” The citation states specifically that the resident, who “had no mood or behavior problems” but did have short- and long-term memory problems, received an antipsychotic and antidepressant medication, although the facility’s Psychiatrist stated that “age related cognitive decline was not the appropriate indication” for one of the medications. A plan of correction undertaken by the facility included the review and revision if necessary of its policy and procedure on antipsychotic medication.
3. The nursing home did not adequately protect residents from accident hazards. Under Section 483.25 of the Federal Code, nursing home facilities must provide residents with environments that “as free from accident hazards as is possible.” A February 2017 citation found that Sunharbor Manor did not ensure such for two residents. The citation states specifically that whereas one resident’s care plan required the use of padded bed siderails, the resident was observed in bed without the siderails padded. The citation states further that the other resident’s care plan also documented the use of padded siderails, but that the resident was twice observed in bed without the padding in place. A plan of correction undertaken by the facility included the proper placement of the padding and the educational counseling of the Certified Nursing Assistants who had not secured them as ordered.
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.