Legal Issues at St. Patricks Nursing Home in the Bronx
Given an impressive overall five-star rating, St. Patricks Home offers 264 beds at a large nursing home located at 66 Van Cortlandt Park South, Bronx, NY 10463. The nursing home has received four-star or three-star ratings for all categories and appears on the surface to provide adequate care to its residents.
However, St. Patricks Home has received 35 complaints in the past three years, which led to 7 on-site inspections and 1 citation related to the facility’s Quality of Care. In addition, the facility has received a total of 24 standard health and life safety code citations in the past three years. While St. Patricks Home has received very high ratings, an examination of the three most recent certification surveys shows that there are significant issues at this particular facility.
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Certification Survey dated 9/23/2019 at St. Patricks Home
For one resident during this inspection survey, the facility determined that he had a serious mental illness upon admission but that was not reflected in the resident’s Minimum Data Set. When questioned, the MDS Coordinator states that he did not believe documentation had to be completed because such documents are only included in a resident’s MDS if there has been a significant change during the resident’s stay. Upon review, the MDS Coordinator conceded that the resident’s MDS had been coded incorrectly and that he would modify it.
The facility was also cited for restraining the same resident in a chair with a table in front of it, which prevented her from rising out of the chair. The staff stated that the resident would become agitated, scream and yell and slide down in the chair, and attempt to get out of the chair if not monitored. The Attending Physician stated that he was aware a table had been used to keep her from falling but did not consider it a use of a restraint.
In addition, staff criminal records were not kept confidential as one file contained a Conviction Report for a staff member in the personnel files.
Furthermore, Comprehensive Care Plans (CCP) were not documented or developed for two residents who were receiving comfort care. Neither had CCPs that involved care measures specifically tailored to that individual resident. A Registered Nurse conceded that the comfort care plan was overlooked for the second resident. The surveyor noted that the facility also failed to ensure that advance directives were provided to four other residents and their families.
Moreover, the surveyor noted that one resident was prescribed unnecessary medication, namely an antipsychotic. The resident was not admitted with any psychiatric diagnoses but did suffer from dementia. This caused her to sometimes yell and bang on the table. The psychiatrist did not report that the resident had hallucinations or delusions; her behavior was as a result of her dementia. However, antipsychotics were prescribed.
In another resident’s case, he did not receive proper notification prior to being discharged. Notice of Medicaid Non-Coverage was provided prior to his discharge but no evidence of an ABN Form CMS was provided to the resident. The Residential Personal Accounts staff member was not aware that this form had to be provided to the resident.
The facility was also cited for standard life safety code violations, such as lack of documentation regarding the flame spread rating of the carpet wall coverings in corridors, the facility did not have a supply of dry type sprinkler heads, and it did not have any documents regarding quarterly testing of the main drain or the 5 year internal pipe inspection.
Certification/Complaint Survey dated 2/28/2018 at St. Patricks Home in the Bronx
This inspection survey noted that doors to the soiled linen room in the basement and the door to the gift shop lacked latching devices that would keep the doors closed in their frames. Fire extinguishers were observed to be situated six feet above the floor instead of the five foot maximum, some areas of the facility lacked sprinkler coverage, and some sprinklers lacked cover plates.
Complaint Survey dated 11/14/2016 at St. Patricks Home for the Aged and Infirm
The surveyor noted that the facility did not respond to a door alarm and as a result, a resident suffered a fall down the stairs, resulting in multiple fractures, lacerations, and hematomas. The resident had wheeled herself past the stairwell door, and passed through to the stairwell landing. Although it took approximately 10-11 seconds for the door to close, no one saw the resident in the landing. A Certified Nursing Assistant (CNA) walked in the direction of the stairwell but did not look into the stairwell. A security guard was alerted and he was observed peering into the stairwell but did not open the door to the landing. An aide found the resident lying on the stairwell landing with her wheelchair beside her. She suffered several injuries as a result and the surveyor noted that this was due to the negligence of the facility.
Conclusion
Despite the glowing overall rating St. Patricks Home has received from the New York State Department of Health, it is clear that there have been incidents of nursing home neglect or oversight. Thus, it is critical that loved ones of residents at St. Patricks Home watch for signs of nursing home neglect or abuse.
If you believe you or a loved one has experienced neglect or abuse at St. Patricks Home, our New York nursing home abuse attorneys can help. Chat or call us today for a free case consultation.
