Between 2015 and 2019, Briarcliff Manor Center for Rehabilitation and Nursing Care received 48 citations for violations of public health laws, according to the New York Department of Health on November 2, 2019. The Briarcliff Manor, New York nursing home received these citations after four inspections during that period, in addition to the two fines it received between 2010 and 2016. Briarcliff Manor’s 48 citations are 16 more than the statewide average of 32. The violations described by state surveyors include the following:
1. The nursing home did not develop and implement comprehensive care plans. Section 483.21 of the Federal Code requires nursing home facilities to “develop and implement a comprehensive person-centered care plan for each resident” in accordance with residents’ rights. A March 2019 citation found that Briarcliff Manor did not develop and implement care plans adequate to address one resident’s bladder and bowel incontinence, and one resident’s non-pressure skin conditions. An inspector found that there was no documented evidence of an adequately designed care plan for the resident with incontinence, and that a nurse manager interviewed during an inspection said she did not know why a care plan was not in place. Similarly, the Department of Health found no documented evidence of an adequately designed care plan for a resident’s surgical wound; although a nurse manager attested during an interview that she was responsible for the implementation of care plans, she could not identify the care plan for the surgical wound during a review of the individual’s chart.
2. The nursing home did not assure the security of residents’ personal funds. Section 483.10 of the Federal Code provides that nursing home facilities “must purchase a surety bond, or otherwise… assure the security of all personal funds of residents deposited with the facility.” An August 2017 citation described a review of Briarcliff Manor’s most current balance report that showed a total of $35,411 in residents’ funds managed by the facility; according to the Department of Health’s findings, this included nine residents’ deposits ranging from $1,000 to $6,280. When the facility’s administrator was asked to provide evidence that Briarcliff Manor had “safeguarded all the residents’ funds with a surety bond,” he stated the following day that the facility had not purchased such a bond, and that it would subsequently.
3. The nursing home failed to provide provide treatment and services adequate to prevent and heal pressure ulcers and bedsores. Section 483.25(c) of the Federal Code requires that nursing home facilities ensure that residents who enter without pressure sores do not develop pressure sores unless their condition renders such unavoidable; and that residents with pressure sores receive adequate treatment and services. A citation issued in February 2016 found that Briarcliff Manor did not provide necessary care and treatments for one of three residents reviewed. An inspector specifically found that an air mattress “was not properly applied… to provide adequate support surface and pressure redistribution” to help heal the resident’s pressure ulcers and prevent the development of additional pressure ulcers. When an inspector asked one of the facility’s staffers why the resident’s care plan did not provide for the use of certain pressure-relieving devices, the staffer attested that this was “an oversight.”
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.