Do you believe that your loved one is being neglected, abused, or mistreated while living in a Oneida County nursing facility? Are you concerned that the harm they experience is occurring at the hands of caregivers or other residents? Contact the New York Nursing Home Law Center attorneys now for immediate legal help.Let our team of dedicated abuse prevention lawyers work on your family’s behalf to ensure you receive an adequate monetary recovery for your damages. We use the law to ensure that those responsible for causing the harm are held legally accountable. Let us begin working on your case today.
This long-term care facility is a 120-certified bed Medicare and Medicaid-participating center providing services to residents of Rome and Oneida County, New York. The "for profit" home is located at:
1 Elsie Street
Rome, New York 13440
(315) 339-2220
In addition to providing around the clock skilled nursing care, Betsy Ross Rehabilitation Center offers other services. Additional focused care includes short-term rehab, on-site podiatry, respiratory therapy, daily recreational activities, and restorative services involving physical, occupational, and speech therapies.
It is the responsibility of federal and state investigators to penalize any nursing home that has violated a rule or regulation that caused harm or could have caused harm to a resident. Many of these penalties involve monetary fines or denial of payment for Medicare services.
The nursing home received one complaint over the last thirty-six months that resulted in a violation citation. Additional documentation about fines and penalties can be found on the New York State Nursing Home Report Website.
The state of New York and federal government nursing home regulatory agencies routinely update their care home database system. This list contains historical information of all citations and violations.
According to Medicare, this facility maintains an overall rating of one out of five stars, including two out of five stars concerning health inspections, one out of five stars for staffing issues and two out of five stars for quality measures.
According to state investigators, “the facility did not ensure residents had the right to be free from physical restraints not required to treat the residents’ medical symptoms.” Specifically, two residents “were physically restrained without a restraint assessment or Physician’s order.”
One incident involved a moderately, cognitively impaired resident who “requires extensive assistance of one staff for activities of daily living and did not use a restraint.” The resident’s Progress Note dated February 4, 2019, by physical therapist documented that “the resident was issued an alarming seat belt in her wheelchair on February 1, 2019.”
The resident “was unable to release the seat belt that was not considered a restraint but a reminder for her not to stand alone and to alert staff when she attempted to stand on her own.” However, “there was no documentation of a Physician order” for the seat belt.
The resident’s Physical Therapy Evaluation and Plan of Treatment dated February 6, 2019, by the physical therapist documented that “the resident was being treated to facilitate independence with all functional mobility, increase lower extremity strength and minimize falls. She needed extensive cueing to initiate a command. There was no documentation she had a Velcro alarming seat belt.”
The survey team interviewed the Director of Therapy who stated that “when a resident was referred to physical therapy for a restraint evaluation, the therapist would write a note if they did not have a restraint evaluation form.” The physical therapy department received a referral on March 21, 2019, for the resident “to come to therapy daily and assess her ability to remove the seat belt.”
However, a Certified Nursing Assistant (CNA) asked the resident “multiple times if she could remove her seat belt, and the resident was unable to do so.” The resident was observed in the TV lounge when a Licensed Practical Nurse (LPN) asked “multiple times if she could remove her seatbelt. When the resident could not remove her seat belt, she stated, ‘No,’ she cannot remove it.
The Director of Nursing stated that “if a resident could not remove her seat belt on command, it would be considered a restraint.” The Director stated that nursing would refer the resident to physical therapy “if they thought the resident needed a restraint assessment, and the physical therapy department would issue a restraint device. There should be a medical order for the restraint.” The Director stated that the “physical therapist should have documented why the Velcro alarming seat belt was not considered a restraint.”
Were you the victim of mistreatment while you lived at Betsy Ross Rehabilitation Center? Contact the New York nursing home abuse lawyers at Nursing Home Law Center at (800) 926-7565 for immediate legal intervention. We represent Oneida County victims of abuse and neglect in all areas, including Rome.
It is always free to discuss your case with our legal team. We provide a 100% “No Win/No-Fee” Guarantee, meaning you will owe us nothing until we can secure a financial recovery on your behalf.
Sources:
Attorney Jennifer Wilson
Licensed in New York
Chicago Nursing Home Injury Lawyer Nursing Home Law Center LLC Home