Waters Edge Rehab & Nursing Center at Port Jefferson received 21 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on April 24, 2020. The facility has also received three fines: a 2019 fine of $2,000 in connection to findings in a 2018 inspection that it violated unspecified health code provisions; a 2016 fine of $10,000 in connection to findings in a 2013 inspection that it violated health code provisions regarding accidents and supervision; and a 2016 fine of $4,000 in connection to findings in a 2012 inspection that it violated health code provisions regarding accidents and administration. The Port Jefferson nursing home’s citations resulted from a total of four surveys by state inspectors. The deficiencies they describe include the following:
1. The nursing home did not adequately supervise residents. Section 483.25 of the Federal Code stipulates that nursing homes must provide residents with adequate supervision to prevent accidents. An October 2018 citation found that Waters Edge Rehab & Nursing Center at Port Jefferson did not ensure such for one resident. The citation states specifically that the resident “was left unsupervised on an outside patio in direct sunlight with external temperature at 85 degrees Fahrenheit for at least an hour and 15 minutes.” As a result, according to the citation, the resident suffered heat exhaustion and dehydration, and needed to be administered intravenous fluid. The citation states that this incident resulted in “actual harm” to the resident.
2. The nursing home did not prevent the administering of unnecessary drugs. Section 483.45 of the Federal Code requires nursing homes to keep “each resident’s drug regimen… free from unnecessary drugs.” A January 2017 citation found that Waters Edge Rehab & Nursing Center at Port Jefferson did not ensure such for one resident. The citation states specifically that the resident was administered an antipsychotic medication without any documented behaviors warranting its continued use, and no documented reason why a gradual dose reduction was not attempted. In an interview, the resident’s physician stated that “the indication for the use of the medication was not appropriate and could not answer to why a GDR was not attempted as she did not know if the resident has any behavior.” A plan of correction included a GDR.
3. The nursing home did not ensure residents were kept free from the use of unnecessary psychotropic medications. Section 483.45 of the Federal Code stipulates that nursing homes not administer psychotropic drugs to residents who have not used them, unless they are necessary to treat a specific, diagnosed and documented medical condition; and that residents who use them “receive gradual dose reductions, and behavioral interventions, unless clinically contraindicated, in an effort to discontinue these drugs.” An August 2019 citation found that Waters Edge Rehab & Nursing Center did not provide adequate documented for the administration of a psychotropic medication to one resident. The medication in question was an anti-anxiety medication, and the citation states that the resident was administered such on several instances “without documentation of the specific behaviors being exhibited, resident specific non-pharmacological interventions attempted, or assessment of the effectiveness of the medication.” A plan of correction undertaken by the facility included the discontinuation of the medication.
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.