Ten Broeck Center for Rehabilitation & Nursing suffered 32 deaths from Covid-19 as of June 16, 2020, per state records. The nursing home also received 31 citations for violations of public health code between 2016 and 2020, according to health records accessed on June 16, 2020. One of those citations found a violation in the nursing home’s infection control practices. The Lake Katrine nursing home’s citations resulted from a total of 3 surveys by state inspectors. The violations they describe include the following:
1. The nursing home did not take adequate measures to prevent infection. Section 483.80 of the Federal Code stipulates that nursing homes must establish and maintain an infection prevention and control program designed to provide a safe and comfortable environment for residents. A February 2018 citation found that Ten Broeck Center for Rehabilitation & Nursing did not ensure such. The citation states specifically that three of the facility’s Licensed Practical Nurses did not perform proper hand hygiene to prevent cross contamination while they were conducting a medication pass. One of the LPNs was observed placing her finger inside a medication cup before giving it to the resident, and opening a medication package without wearing gloves. Another was observed placing two medication cups atop a medication cart without cleaning the top of the cart, filling each cup with a medication tablet, and lifting one of the cups and stacking it in the other, potentially contaminating the latter cup; this LPN was also observed putting her finger inside the medication cups before giving them to a resident. And a third LPN was observed putting her finger inside a medication cup, potentially contaminating the resident; when she gave the medication to the resident, one of the pills fill from the resident’s hand onto the resident’s bed, and the LPN was observed picking the pill up “with her bare hand” and returning it to the resident. A plan of correction undertaken by the facility included the counseling and education of the LPNs in question.
2. The nursing home did not provide adequate supervision to prevent accidents. Section 483.25 of the Federal Code requires nursing homes to provide each resident with adequate supervision and assistance devices to prevent accidents. A January 2020 citation found that Ten Broeck Center for Nursing & Rehabilitation did not provide residents adequate supervision to prevent a resident altercation. The citation states specifically that “a cognitively impaired resident… threatened to harm another resident… and this threat was not promptly investigated and measures were not put in place promptly to prevent reoccurrence.” The threat in question involved one resident coming into another resident’s room and threatening “to kill her.” A plan of correction undertaken by the facility included the transfer of the resident who made the threat to another unit.
3. The nursing home did not ensure residents were kept free from physical restraints. Sections 483.10 and 483.12 of the Federal Code provide nursing home residents “the right to be free from physical or chemical restraints imposed for purposes of discipline or convenience.” A February 2018 citation found that Ten Broeck Center for Nursing & Rehabilitation did not ensure one resident was free from physical restraints. The citation states specifically that the facility did not conduct thorough assessment and re-evaluation to address the “ongoing use of devices including wheelchair seatbelt, seatbelt alarm, and tray table that may possibly restrict the resident’s movement.” A plan of correction undertaken by the facility included the reassessment of the resident and the discontinuation of the use of an alarmed seatbelt.
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.