Westchester Center for Rehabilitation & Nursing: Sexual Abuse Citation

Westchester Center for Rehabilitation & Nursing has received 26 citations for violations of public health code between 2018 and 2021, according to New York State Department of Health records accessed on February 11, 2022. It also received an $18,000 fines in 2021 in connection to quality of care deficiencies. The Mount Vernon nursing home’s citations resulted from a total of three surveys by state inspectors. The deficiencies they describe include the following:

1. The nursing home did not adequately prevent residents from sexual abuse. Section 483.12 of the Federal Code stipulates that nursing home residents have the right to be free from abuse. A November 2020 citation found that Westchester Center for Rehabilitation & Nursing failed to ensure such. The citation states specifically that an “alleged incident of sexual abuse resulted in psychosexual harm” to a resident. It goes on to describe an instance in which a second resident was seen in that resident’s room “with his penis inside her mouth.” According to the citation, the resident said the other resident “entered her room and he was holding her left arm down while rubbing her breast and attempted to kiss her,” and further that she “tried to push him with her functioning arm, but he was forceful.” A plan of correction undertaken by the facility included the in-servicing of certified nursing assistant staff “to intervene to maintain safety of residents and then inform a supervisor when residents are noted with behaviors that are not indicated on their plan of care so that an evaluation can be made.”

2. The nursing home did not adequately prevent the use of unnecessary drugs. Section 483.45 of the Federal Code stipulates that resident drug regiments “must be free from unnecessary drugs.” A July 2019 citation found that Westchester Center for Rehabilitation & Nursing failed to ensure such. The citation states specifically that the facility failed to ensure that “the results from diagnostic monitoring for a resident receiving an antipsychotic medication were available for review by the primary care physician.” In an interview, the resident’s physician said that the resident’s medication would have to be evaluated, and that it might be a problem if the resident had cardiac issues. A plan of correction undertaken by the facility included the in-servicing of physicians and nurses. 

3. The nursing home did not properly follow food safety protocols. Section 483.60 of the Federal Code states that nursing homes must store, prepare, distribute, and serve food to residents according to professional food safety standards. A July 2019 citation found that Westchester Center for Rehabilitation & Nursing failed to ensure such. The citation specifically states that it did not properly implement measures “to prevent the potential for foodborne illness.” It goes on to describe “potentially hazardous food items” that were not timely put away after being delivered to the facility; a walk-in freezer “packed up to the door and leaving no space for air to circulate around the items”; and a dishwasher that “was not sanitizing dishes or utensils during the final rinse cycle.” A plan of correction undertaken by the facility included the re-in-servicing of dietary 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.