New York Nursing Home Continues to Receive Health and Safety Citations

Healthcare Compliance Audit Tools

New York Nursing Home Continues to Receive Health and Safety Citations

A New York nursing home at its recent annual inspection received 23 new health and safety citations. The nursing home has been under federal scrutiny for several months (receiving two inspections per year) and continues to be cited by inspectors for serious issues related to patient care and conditions inside the facility.

Since 2015, the facility has had 162 violations compared to the statewide average of 32 in other nursing homes — more than 5 times greater.

In April 2019, the administrator of the facility was interviewed and blamed the problems faced by the facility on the fact that most of the residents served are Medicaid participants so receive low reimbursement rates. The administrator explained that this creates a very narrow margin for operating from a business standpoint, and the unavailability of funds to fix the problems stymies the facility’s ability to attract other types of residents.

Ironically, after the April interview, the facility received citations for more than a dozen new violations. Examples of the citations include the issues below.

Failing to:

  • Remove Certified Nursing Assistants after they fail background checks
  • Provide food that was palatable, attractive, or at a safe temperatures
  • Provide housekeeping services to maintain a safe and clean environment 
  • Use appropriate infection control
  • Provide care in a manner that enhanced resident dignity
  • Provide dental services to meet resident needs 

A spokesman for the New York Department of Health indicated that the facility will not be removed from the federal watchlist until it can demonstrate that it no longer has a “persistent pattern of poor care.”

Compliance Perspective

Failure by a facility to correct a systemic pattern of providing poor care encompassing a broad spectrum of issues over an extended period of time may be considered provision of substandard quality of care, in violation of state and federal regulations.

Discussion Points:

  • Review policies and procedures to address improving the facility’s systemic pattern of substandard quality of care, and implement changes to sustain improvement.
  • Train staff in all departments about the regulatory requirements for every area of provision of care for the residents.
  • Audit on a regular basis to ensure that corrective protocols are being followed in all departments in order to make and sustain performance improvement.