The Riverside received 69 citations for violations of public health code between 2016 and 2019, according to New York State Department of Health records accessed on January 31, 2020. The Manhattan nursing home’s citations resulted from a total of six surveys by state inspectors. The deficiencies they describe include the following:
1. The nursing home did not implement adequate measures to prevent residents from sustaining accidents. Section 483.25 of the Federal Code provides for nursing homes to ensure residents an environment as free as possible from accident hazards, with adequate supervision to prevent accidents. A May 2019 citation found that The Riverside did not ensure adequate supervision to prevent accidents. The citation states specifically that a resident who had been identified as at risk for falls “was left unsupervised on multiple occasions,” and that another resident “was not monitored every 30 minutes after a fall as per the plan of care.” A plan of correction undertaken by the facility included the re-evaluation of the first resident, who “had no further falls,” and the in-servicing of nursing staff on the second resident’s plan of care.
2. The nursing home did not keep medication error rates adequately low. Under Section 483.45 of the Federal Code, nursing homes must maintain medication error rates that do not reach or exceed five percent. A May 2019 citation found that The Riverside’s medication error rates exceeded five percent. The citation specifically described “3 errors out of a total of 38 opportunities observed, resulting in a medication error of 7.89%.” The errors in question were connected to two residents who were administered medication outside of the allowed time. A plan of correction undertaken by the facility included re-education of the nursing staffer who administered the medication in those instances.
3. The nursing home did not meet infection prevention and control standards. Section 483.80 of the Federal Code states that nursing homes must “establish and maintain an infection prevention and control program” so as to provide residents a safe and sanitary environment that mitigates the transmission of infection and disease. An April 2016 citation found that The Riverside did not provide a sufficiently sanitary environment. An inspector specifically observed two residents’ oxygen tubing resting on the floor of the facility, in contravention of policy. In an interview, one of the facility’s Certified Nursing Assistant’s said that “the tubing is not supposed to touch the floor and [she] didn’t know how it gets on the floor other than stating resident moves things around.” A plan of correction undertaken by the facility included the discarding and replacement of the tubing in question, and the education of facility staff on how to ensure tubing does not fall on the floor.
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.
