Westhampton Care Center Cited for Neglect

Westhampton Care Center received 17 citations for violations of public health code between 2018 and 2022, according to New York State Department of Health records accessed on May 13, 2022. The Westhampton nursing home’s citations resulted from a total of four inspections by state surveyors. The deficiencies they describe include the following:

1. The nursing home did not properly ensure the prevention and control of infection. Under Section 483.80 of the Federal Code, nursing homes “must establish and maintain an infection prevention and control program designed to provide a safe, sanitary and comfortable environment and to help prevent the development and transmission of communicable diseases and infections.” A January 2022 citation found that Westhampton Care Center failed to ensure such. The citation specifically describes an instance in which a Licensed Practical Worse “did not wear appropriate personal protective equipment (PPE) when providing medications and checking blood sugar” for a resident on contact and droplet precautions. It goes on to state that the LPN “did not wear gloves while administering insulin” to the resident, and describes two separate instances in which staffers failed to wear proper PPE while tending to residents on contact and droplet precautions, in contravention of the facility’s Covid-19 policies. A plan of correction undertaken by the facility included the counseling of relevant staff.
2. The nursing home did not adequately keep residents free from the use of unnecessary psychotropic drugs. Section 483.45 of the Federal Code maintains that nursing home facilities must ensure resident drug regimens include no unnecessary medications that affect “brain activities associated with mental processes and behavior.” A September 2019 citation found that Westhampton Care Center failed to ensure such. The citation specifically describes a resident receiving psychotropic medications for whom there had been “no attempt at a gradual dose reduction” for a redacted period of time. In an interview, the facility’s Medical Director said that “a GDR should have been attempted,” while the facility’s physician said that “although the team encountered resistance from the resident’s family during the previous family meeting… regarding the GDR, a second family meeting should have been held regarding the need for a GDR of these medications.” A plan of correction undertaken by the facility included the in-servicing of relevant employees.
3. The nursing home did not provide an adequate quality of care. Section 483.25 of the Federal Code stipulates that nursing homes must ensure residents receive “treatment and care in accordance with professional standards of practice, the comprehensive person-centered care plan, and the residents’ choices” that allows them to attain their highest practicable well-being. A January 2022 citation found that Westhampton Care Center failed to ensure such. The citation specifically describes a resident who was prescribed an antipsychotic medication after a fall. The resident had been recommended to receive 37.5 mg of the medication daily but was administered 12.5 mg daily, according to the citation, which states that the prescribing physician did not obtain the resident’s history for the medication usage “and did not obtain a psychiatry consult until 20 days after the gradual dose reduction when the resident started to exhibit behavioral changes.” In an interview, the facility’s Medical Director said “that they would not have made a drastic reduction from 37.5 mg to 12.5 mg and would have instead reduced the medication to 12.5 mg twice a day for a total of 25 mg daily.” A plan of correction undertaken by the facility included the education of relevant staff on psychoactive medication policies. 

Westhampton Care Center received 18 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 a 2019 fine of $10,000 in connection to findings in a 2018 inspection that it violated unspecified health code provisions. The Westhampton 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 protect residents from neglect. Section 483.12 of the Federal Code ensures provides nursing home residents the right to freedom from abuse and neglect. A September 2018 citation found that Westhampton Care Center did not ensure such for one resident. The citation states specifically that the resident required the use of a mechanical lift device for transfers between surfaces. However, on one instance, two Certified Nursing Assistants transferred the residents without the use of the lift, and the resident subsequently “fell to her knees.” The CNAs did not report the incident to authorities, according to the citation, nor the resident’s “complaint of pain.” Afterward, the resident was transferred to a local hospital. A plan of correction undertaken by the facility included the suspension pending investigation of both CNAs.
2. The nursing home did not follow food safety standards. Section 483.60 of the Federal Code stipulates that nursing homes must store and prepare food in accordance with professional safety standards. An April 2018 citation found that Westhampton Care Center did not adequately maintain sanitary conditions in its kitchen. An inspector specifically observed a slicer that was soiled with food and needed to be cleaned, and a milk crate containing milk containers that was “stored directly on the dirty floor of the walk-in refrigerator.” In an interview, the facility’s Food Service Director stated that the slicer should have been cleaned the previous night, and that the crate should not have been placed 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.