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Allay Health and Rehabilitation Center Abuse and Neglect Attorneys
This Medicaid/Medicare long-term care (LTC) center is a 70-certified bed "for-profit" home providing services to residents of Little Rock and Pulaski County, Arkansas. The facility is located at:
3115 Bowman RoadFinancial Penalties and Violations
Little Rock, Arkansas, 72211
The investigators working for the state of Arkansas and the federal government have the legal authority to impose monetary fines and deny payment for Medicare services if the nursing home has been cited for serious violations of established regulations and rules. Within the last three years, investigators fined Allay Health and Rehabilitation Center once on May 17, 2017, for $13,377 citing substandard care. Additionally, the facility has received three formally filed complaints. Additional information about fines and penalties can be found on the Arkansas Adult Protective Services website concerning this nursing facility.Little Rock Arkansas Nursing Home Residents Safety Concerns
Comprehensive research results can be reviewed on the Arkansas Department of Public Health and Medicare.gov nursing home database systems that detail all filed complaints, opened investigations, safety concerns, incident inquiries, health violations, and dangerous hazards. Many families use this information to determine the level of medical, health and hygiene care long-term care facilities in the local community provide their residents.
According to Medicare, this facility maintains an overall rating of one out of five stars, including one out of five stars concerning health inspections, one out of five stars for staffing issues and three out of five stars for quality measures. The Pulaski County neglect attorneys at Nursing Home Law Center have found serious deficiencies and safety concerns at Allay Health and Rehabilitation Center that include:
- Failure to Develop, Implement and Enforce a Program That Investigates, Controls and Keeps Infection from Spreading
In a summary statement of deficiencies dated July 21, 2017, a notation was made by the state surveyor regarding the nursing home's failure to "ensure gloves are worn throughout the provision of wound care." The investigator also documented a facility's failure to "ensure nursing staff wash their hands after leaving the room to obtain supplies during the provision of wound care to prevent potential infection." The deficient practice by the nursing staff involved one resident who received wound care.
The survey team also documented the facility's failure "to ensure the infection control log was complete and that infections were tracked and trended to monitor for outbreaks of infection during three months of the log review." One case involved a resident who "requires extensive assistance with bed mobility [and was] at risk for pressure ulcers and had no unhealed pressure ulcers."
Failed to develop programs that investigate, control and keep infectoins from spreading
– AR State Inspector
The state investigator observed a Treatment Nurse (a Licensed Practical Nurse (LPN)) providing care on July 19, 2017, to a resident's left heel. The LPN "with gloved hands, removed the resident's sock from the resident's left foot, exposing the wound that measured approximately 4.0 cm x 3.0 cm, with a wound bed that was red in color. After removing the dressing, the LPN stated she had forgotten the scissors. She removed her gloves and left the room. The LPN returned to [the resident's] room and, without washing her hands, donned gloves, cut a bandage from the resident's heal, change gloves, clean the heel with normal saline, applied xenoderm to the wound and covered the wound with a foam dressing."
The investigator observed the LPN "without applying clean gloves to her bare hands; the LPN placed the foam dressing back on the resident's heal, wrap the dressing with Kerlix and secured the dressing with tape." The investigator interviewed the facility Director of Nurses who was asked "if a nurse should wear gloves throughout wound care." The Director replied, "Yes."
The survey team reviewed the facility's policy titled: Disposable Non-Sterile Gloves that read in part:
"Gloves to be worn for removing a dressing, hands or wash and clean. Non-sterile disposable gloves or warn. After removal of the dressing, remove gloves. If hands surfaces have not been contaminated, the clean or sterile gloves for performing the procedure may immediately be donned. Contamination occurs or when the second pair of gloves is removed."
- Failure to Timely Report Suspected Abuse, Neglect and Report the Results of the Investigation a Proper Authorities
In a summary statement of deficiencies dated May 17, 2017, the state investigator noted that the facility's failure to "ensure allegations of staff-to-resident mental abuse was immediately reported to the Administrator." The survey team also documented the facility's failure "to promptly initiate an investigation and take protective measures to prevent further potential abuse by 11:00 AM, the next day after identification [by] state law." The deficient practice by the nursing staff involved two residents at the facility "who are cognitively impaired."
Failed to timely report an allegation of abuse – AR State Inspector
The investigator noted that the "failed practices resulted in an Immediate Jeopardy, which caused or could have caused serious harm, injury or death to [two residents] and had the potential to cause more than minimal harm to eleven residents who were cognitively impaired." The incident involved a resident who was "moderately impaired in cognitive skills for daily decision-making" and "was easily annoyed, has verbal behaviors directed toward others, and required extensive assistance with most Activities of Daily Living." The resident's March 16, 2017 Behavior Management Care Plan showed that the resident "has the potential for inappropriate behavior related to a history of yelling at staff, [and] hitting staff. [With] irritability with direction from others. Redirect when behaviors arise."
Allegations from the staff involving harassment and taunting behaviors were documented in the Abuse Investigation Protocol Tasks on May 16, 2017, by a Nurse Aide who was asked "if she had ever witnessed [another Nurse Aide] taunting" a resident." The Nurse Aide responded "I have heard him. He will be in their changing the roommate and [the other resident] will be yelling at him, telling him to get out, and he will say to her, 'yeah, I am gonna change you next' and [the resident] goes crazy." The Nurse Aide said that the Certified Nursing Assistant changed the resident "just to get a rise out of her. Or, he will be going down the hall and say to her, 'hey, how you doing" and the taunted resident will say 'don't talk to me!'"
- Failure to Develop Policies That Prevent Mistreatment, Neglect or Abuse of Residents by Staff Members
In a summary statement of deficiencies dated May 17, 2017, the state investigator documented the facility's failure to "ensure the facility Abuse Prohibition Policies and Procedures were implemented, as evidenced by a failure to ensure allegations of staff-to-resident mental abuse were immediately reported to the Administrator." The investigation team also stated that the facility failed "to promptly initiate an investigation and protective measures to prevent further potential abuse" and failed to "ensure the allegations were reported to the Office of Long Term Care by 11:00 AM, the next day after identification."
The investigators reviewed the facility's policy titled: Policies and Procedures for Resident Abuse revised on September 1, 2016, under the subheading titled Psychological/Emotional Abuse: Humiliation that reads in part:
"It is inherent in the nature and dignity of each resident at the facility that [they will] be afforded basic human rights, including the right to be free from abuse, neglect, mistreatment or the misappropriation of property. Employees of the facility are charged with a continuing obligation to treat residents, so they are free from abuse, neglect, mistreatment or misappropriation of property. No employee may at any time commit any act of physical, psychological, or emotional abuse, neglect, mistreatment or misappropriation of property against any resident."
"Harassment, malicious teasing, threats of punishment or deprivation. Not giving reasonable consideration to the resident's wishes. Questions may arise as to what actions constitute an abuse of the resident. Any action that may cause or causes actual physical, psychological or emotional harm, such as teasing, humiliation, degrading, or intentionally ignoring a resident may constitute abuse."
"Non-action, which results in emotional, psychological, or physical injury, is viewed in the same manner as that caused by [any] improper or excessive action. All actions in which employees engage with residents must have as their legitimate goal, the healthful, proper, and humane care and treatment of [the resident's needs]."
"Once an allegation of abuse is reported, the Executive Director, as the Abuse Coordinator, is responsible for ensuring that reporting is completed timely and appropriately to the appropriate officials [by] federal and state regulations. Immediately upon the allegation of abuse or neglect, the suspect shall be segregated from residents pending the investigation. Any suspect who is employed, once [they have] been identified, will be suspended pending the investigation."
In a separate summary statement of deficiencies dated May 14, 2015, the state investigator documented the nursing home's failure "to ensure all requirements for employee screening were completed for five [employees including a Licensed Practical Nurse (LPN), and four Certified Nursing Assistants (CNAs)]." The state investigators studied the employees' "personnel records review to prevent the potential for hiring an individual with a history of abuse, neglect, or mistreatment." The surveyors documented that the facility had failed to follow their policy titled: Abuse Prevention Program Policy that reads in part:
"The facility has implemented processes that include seven components of abuse prevention and management" including screening "all potential employees for a history of abuse, neglect or mistreated residents/patients during the hiring process. The screening will consist of, but not be limited to, inquiries to the state licensing authorities. [Make] inquiries to the State Nurse Aide Registry. Record the results of the screening and file with employee's records."
The investigator interviewed a facility Human Resources staff member who stated that "she had just started on May 4, 2015, and the personal files were in their present condition at the time." The staff member "was asked again about the personnel files and she stated, 'I am working on the files as we speak, to get them in order. I have searched and cannot find some of the required documents for the files.'"
- Failure to Develop, Implement and Enforce Policies and Procedures for Influenza and Pneumococcal Immunizations
In a summary statement of deficiencies dated July 21, 2017, the state investigator documented failure at the nursing home. The facility failed to "ensure influenza (flu) and pneumococcal (pneumonia) immunizations were offered and administered as ordered to minimize the potential for flu and pneumonia area" the deficient practice by the nursing staff involved to residents at the facility "whose clinical records were reviewed for flu and pneumonia vaccine documentation." The investigator stated that this failure "had the potential to affect forty-three residents who resided in the facility" on July 18, 2017.
If you have your suspicions that your loved one is being neglected or abused while residing at Allay Health and Rehabilitation Center, call the Arkansas nursing home abuse lawyers at Nursing Home Law Center at (800) 926-7565 to stop the mistreatment now. Our law firm fights aggressively on behalf of Pulaski County victims of abuse living in long-term centers including nursing homes in Little Rock. Our skillful attorneys have successfully resolved many victim cases involving nursing home abuse and neglect. We can work on your behalf to ensure your family receives the financial compensation they deserve. Contact us now to schedule a free case review to discuss how to obtain justice and resolve a financial compensation claim. Let us fight aggressively on your behalf to ensure your rights are protected.
We accept all nursing home cases involving personal injury, abuse, and wrongful death through a contingency fee arrangement. This agreement postpones your requirement to pay for legal services until after we have resolved your case through a negotiated out of court settlement or jury trial award. We offer each client a "No Win/No-Fee" Guarantee, meaning all fees are waived if we cannot obtain compensation to recover your damages. Let our team begin working on your case today to ensure you receive adequate compensation. All information you share with our law offices will remain confidential.