Yonkers Gardens Center for Nursing and Rehabilitation received 43 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 Yonkers 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 take adequate measures to prevent accidents. Section 483.25 of the Federal Code stipulates that nursing homes must ensure resident environments that are as free as possible from accident hazards, and that they provide every resident with adequate supervision and assistance to prevent accidents. A May 2019 citation found that Yonkers Gardens Center for Nursing and Rehabilitation did not ensure such. The citation specifically describes a resident who was cognitively impaired and depended on the help of one staffer for toileting, hygiene, and dressing. It goes on to describe an interview in which the resident said that due to a broken commode frame in his bathroom, he had been using a public restroom in the hall near his room, and “had fallen several times in his room and once in the lavatory.” A plan of correction undertaken by the facility included the placement of the left side of the commode frame in the resident’s bathroom, and the evaluation of the resident by a physical therapist.
2. The nursing home did not ensure resident care plans were followed. Section 483.21 of the Federal Code stipulates that nursing homes must ensure that the services they provide or arranged are provided “by qualified persons in accordance with each resident’s plan of care.” A September 2017 citation found that Yonkers Gardens Center for Nursing and Rehabilitation did not ensure such for two residents. For one resident, according to the citation, neither a floor mat to prevent injuries nor a side rail to assist in turning and positioning were applied, so as to prevent the resident from suffering additional falls. In a second instance, a pressure relieving mattress was not applied, so as to prevent the resident from developing additional bedsores / pressure ulcers, or healing their existing Stage 2 pressure ulcer. The citation states that these deficiencies had “potential to cause more than minimal harm.”
3. The nursing home did not meet dietary standards. Section 483.60 of the Federal Code stipulates that nursing homes must ensure residents are provided food prepared in a manner that conserves its nutritive value, flavor, and appearance, and that it is “palatable, attractive, and at a safe and appetizing temperature.” An October 2017 citation found that Yonkers Gardens Center for Nursing and Rehabilitation did not ensure residents received food at a proper temperature. the citation states specifically that “4 out of 4 test trays conducted during a lunch meal revealed that hot and cold food was not served at proper temperature” in one of the nursing home’s five units. A plan of correction undertaken by the facility included a consultation with a registered dietician.
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.
