If the Centers for Medicare and Medicaid Services (CMS) determine that the nursing facility is managed poorly with identifiable violations and deficiencies, the federal agency holds the Home accountable for making immediate corrections. If the problems tend to exacerbate or recur, the federal agency may designate the nursing home a Special Focus Facility (SFF) that must follow specific rules to maintain its contract with Medicare and Medicaid to provide care to those in need.
In addition to the designation, the facility must undergo two to three times the normal numbers of surveys and evaluations that the remaining nursing homes, assistive living centers, and rehabilitation facilities participate in every year.
If the facility continues to fail to provide a minimum standard of care, they are usually terminated from the Medicare program or told to sell the facility to another company in good standing that can remain in compliance.
Currently, Consulate Health Care of Melbourne is categorized a Special Focus Facility due to the numerous complaints and serious problems that jeopardize the safety, health, and well-being of its residents. Some of these complaints and problems are listed below.
This facility’s 167-certified bed Medicaid/Medicare-participating nursing home providing cares and services to the residents of Melbourne and Brevard County, Florida. The facility is located at:
3033 Sarno Rd.
Melbourne, FL 32934
(321) 255-9200
This for-profit facility provides comprehensive short- and long-term rehabilitation services, occupational, physical and speech therapies, Alzheimer’s and dementia care and skilled nursing care for those who require independent and assisted living.
Any nursing home can be financially penalized when the Centers for Medicare and Medicaid Services (CMS) identifies serious violations that lead to harm or potential harm to its residents. Over the last three years, Consulate Health Care of Melbourne has received numerous fines from federal estate regulators that total more than $1 million.
This includes $258,635 (June 10, 2015), $724,707 (January 28, 2017), and $6499 (May 2, 2017).
The State of Florida and the federal government routinely update their nursing home deficiencies and penalty information on the Medicare.gov website. Currently, Consulate Health Care of Melbourne maintains an overall two out of five stars when compared to other facilities nationwide. This ranking includes one out of five stars for health inspections, three out of five stars for staffing and five out of five stars for quality measures.
Many families use this information as an effective tool to determine where to place a parent or grandparent who requires the highest level of care. Others review the information to understand better the problems of the nursing facility where their loved one resides.
Some of the problems associated with Consulate Health Care of Melbourne include:
Failure to Ensure the Privacy of a Resident at the Facility
In a summary statement of deficiencies dated January 28, 2017, the State surveyor identified a violation that the facility “failed to maintain the privacy of [one resident residing] in the 100 Hallway. Findings: on January 22, 2017, at 11:05 AM, [the resident] was in bed and visible from the hallway. He wore only a T-shirt and an adult brief, which did not cover him. The call light was put on, and a Certified Nursing Assistant answered it, [and] confirmed the resident’s privacy was not maintained and covered him with the sheet.
Failure to Develop, Implement and Enforce Policies That Forbid Resident Mistreatment, Neglect or Abuse
In a summary statement of deficiencies dated January 28, 2017, the State surveyor identified the facility’s failure to “keep residents free from neglect by failing to provide care and services for treating [their conditions].” One resident “did not receive the necessary treatment and care to prevent a painful pressure ulcer and infected wound for 15 days. As a result of this neglect, the resident suffered severe pain and required re-hospitalization within 16 days of admission for an infected wound that exposed the bone and hardware from surgery to her right elbow.”
Failure to Ensure the Services Provided by the Nursing Facility Meets Professional Standards of Quality
After reviewing records, conducting interviews and making observations, the State surveyor made violation notations on the January 20, 2017. The notes identified the facility failure “to provide nursing care to meet professional standards of quality for [a resident with wounds who] did not receive quality nursing treatment and care for surgical wounds and prevention of a painful, infected pressure ulcer.
As a result of the lack of professional nursing judgment and failure to follow nursing policies and procedures and care plans, the resident required hospitalization for 16 days of admission for an infected wound that exposed the bone and hardware from surgery to her elbow.”
In a separate summary statement of deficiencies dated June 1, 2017, investigators noted that the facility “failed to follow acceptable standards of care of clinical practice for wound assessment, documentation, and treatment of [a resident’s condition].” As a result of this failure, the resident “developed avoidable pressure ulcers to the left and right heel.
Failure to Provide Care So That the Resident Builds or Maintains Their Dignity and Respect of Individuality
In a summary statement of deficiencies dated January 28, 2017, the State surveyor identified a violation of the facility’s failure to maintain a resident’s “dignity during dining. Findings: on January 26, 2017 [during lunch, the resident] was at a table in the East Wing dining room with three table mates, who just finished lunch. The other two table mates were halfway finished with lunch.” The resident “did not have any food in front of him and watched his table mates eat.”
While the “facility’s Meal Service schedule indicated that lunch on the East Wing would start at 11:45 AM.” But at “12:20 PM, a meal cart arrived in the dining room with [that resident’s] lunch.”
Failure to Maintain a Clean and Sanitary Environment
As a part of the summary statement of deficiencies dated January 20, 2017, the surveyor identified a facility failure “to provide effective housekeeping and maintenance services necessary to maintain 13 resident bathrooms…, one shower room…, and one hallway in good repair and clean condition.” The surveyor along with the facility’s Maintenance Director identified environmental concerns that included two large rusted colored stains on a bathroom floor and stains “surrounding the base of a commode that measured about one foot in circumference.”
Other problems included broken and missing sections of a caulk seal around the base of the toilet that “could potentially allow water to go underneath the vinyl floor causing the rust colored stains.”
Another bathroom floor “had yellowing rust-colored stains surrounding the commode. There is no caulk or grout around the base of the toilet there were gray-brown colored stains where an old seal may have been. The toilet rocks slightly from side to side when pushed against it.”
A third bathroom flooring “had yellow stains by the toilet. There was no caulking sealed around the base of the toilet. There were stains where an old seal might have been.” A ceramic tile in the hallway between Rooms 500 and 502 was cracked and broken. The bathroom flowing in Room 200 “had diffused rust-colored stains around the base of the commode.” The bathroom flooring in Room 308 “had muddled grey-brown stains surrounding the toilet.
The Assistant Maintenance Director stated on January 26, 2017, stated that “much of the bathroom flooring was very old, especially the bathroom flooring, which had been in the resident rooms since he started the facility” years ago. During an interview with the facility administrator, it was revealed that to “his knowledge there was no verbal or written plan for the repairs of the bathrooms.”
Failure to Provide Doctor’s Orders for the Resident’s Immediate Care
In a summary statement of deficiencies dated January 20, 2017, the State surveyor noted the facility’s failure “to ensure that resident’s physician’s orders for immediate care upon admission to address wound care needs.” This deficiency involved one resident who “did not have admission orders.” As a result, “the resident became septic [with an infection of the blood and] was hospitalized and transferred to a hospice house for ‘end of life’ care.
The failure to provide physician’s orders for immediate care for [that resident] resulted in an Immediate Jeopardy starting on November 29, 2016 [that was] ongoing as of January 28, 2017.
Failure to Develop, Implement and Enforce Policies and Procedures for Influenza and Pneumococcal Immunization
After reviewing medical records, conducting staff interviews and making observations, the State surveyor noted the facility’s failure “to ensure that all residents identified as needing influenza and or pneumococcal immunizations receives such immunizations” within the appropriate timeline.”
The findings identified by the surveyor included one resident’s “medical record did not contain consent for influenza and pneumonia immunizations” that was identified by the infection control practitioner, nurse manager. Another resident’s “medical record contained a signed consent for vaccines but was not dated.
The State surveyor conducted an interview with the facility’s Infection Control Practitioner on the morning of January 26, 2017, stated that “the facility procedure for obtaining consent for vaccines was to have the resident sign and date a two-sided consent form during the admission process.”
However, “if the resident is confused, the facility speaks with a family member [and] educates residents and the family about the importance of immunization but does not force anyone to receive the vaccine. She said that every year the pharmacy alerts the nurses when long-term care residents are due for the vaccine, and the nurse speaks the resident or families to obtain a new consent for the vaccine.”
However, during an interview the next morning, the Infection Control Practitioner “could not relay how the facility knows this consent was for the current year.”
Failure to Maintain Adequate Staffing to Ensure That Every Resident’s Well-Being Is Maximized
In a summary statement of deficiencies dated January 20, 2017, investigators noted that the facility had failed “to ensure the nursing staff demonstrated appropriate competencies and skill sets related to a surgical wound care, prevention of pressure ulcers, care, and treatment for…” a resident who “did not receive the necessary treatment and care to her surgical wounds to prevent the deterioration of her condition.”
Failure to Develop, Implement and Enforce a Program That Investigates, Controls and Keeps Infection from Spreading
The State surveyor identified a deficiency during a January 20, 2017, survey that the facility failed “to ensure hand sanitation during wound care for [two residents].” Also, the facility staff “failed to demonstrate knowledge and understanding of infection control practices for hand sanitation, care resident equipment, resident environment, personal clothing and linens, and cleaning and equipment … to prevent cross-contamination for all residents.”
Failure to Assist Those Who Require Total Assistance with Eating, Drinking, Grooming and Personal and Oral Hygiene
During a state survey on May 2, 2017, the surveyor noted the facility’s failure “to provide appropriate personal hygiene for [three residents who are] dependent upon staff for care.” The State surveyor observed nursing staff providing incontinence care on May 1, 2017, at 4:00 PM. While the Certified Nursing Assistant was providing care, the resident “was alert but nonverbal.”
The surveyor observed inappropriate perinatal care and conducted an interview with the Assistant who stated he “did not rinse the vaginal or buttocks/rectal area with clean water” and did not “rinse the soapy water off the resident.”
Failure to Maintain a Resident’s Privacy and Confidentiality
In a summary statement of deficiencies dated December 21, 2016, the state investigator noted the facility’s failure “to ensure it maintains privacy for residents when providing personal care.” During an observation, investigators noted that on the morning of December 21, 2016, the resident “was in the middle of his room having personal care done by two Certified Nursing Assistants.” The resident was visible from the hallway. The aides were assisting him standing with his pants pulled down around his knees.”
The document also stated that the aides “took off a soiled adult brief. [The resident] was left standing with one Aide with his bottom completely exposed. The other Aide went into the bathroom and got a towel. She came back to the resident and started to wipe his bottom.
With the same towel, she wiped his frontal parts. The two aides then put on another brief. When the aides were finished caring for the resident, they were interviewed […and] acknowledged that they did not provide privacy during personal care.”
If you were abused, neglected or mistreated while residing at Consulate Health Care of Melbourne, or any other Florida nursing home, using the skills of a nursing home negligence attorney can help.
With legal representation, you can seek out justice to hold those accountable and obtain the financial compensation you deserve to recover your damages.
Learn more about the laws and regulations applicable to Florida nursing homes here.
Attorney Blair N. Mendes, Esq.
Licensed in Florida
Brevard County Nursing Home Injury Lawyer Nursing Home Law Center LLC Home