The state of New York and the federal Centers for Medicare and Medicaid Services (CMS) conduct unannounced and unscheduled surveys and inspections at every nursing facility statewide. Their efforts help to identify egregious violations, serious safety concerns, and deficiencies that have harmed or could have harmed residents.
In serious cases, regulators will designate the Home as a Special Focus Facility (SFF). This undesirable designation and the addition to the Medicare deficiency watch list place special attention on the Home that must undergo many more surveys and inspections than normal. The facility remains on the watch list until investigators and surveyors are convinced that major improvements to the level of care the home provide its residents are permanent.
Nearly four years ago, state and federal nursing home regulators designated Medford Multi-Care Center for Living as a Special Focus Facility. Also, the SFF Home was added to the Medicare watch list and is required to make significant changes to their policies and procedures and improvements to the level of care. Some serious concerns, major deficiencies and health violations involving this facility are listed below.
This facility is a ‘for profit’ 320 certified bed Long-Term Care Center that provides cares and services to residents of Medford and Suffolk County, New York. The Home is located at:
3115 Horseblock Road Medford, NY 11763 (631) 730-3000
In addition to providing around the clock skilled nursing and medical care, the facility also offers:
The federal government Centers for Medicare and Medicaid Services levied $1800 fine against Medford Multicare Center For Living of $1800 on January 23, 2015. During the last three years, the Nursing Home State Agency received 14 formally filed complaints and 19 facility-reported issues that after investigations all resulted in citations.
The state of New York routinely updates their long-term care home database systems to reflect all incident inquiries, safety concerns, health violations, dangerous hazards, filed complaints, and opened investigations. This publicly available data can be found on numerous sites including Medicare.gov. Families and individuals use this information as an effective solution for determining where to place a family loved one who requires the best nursing care and hygiene assistance.
Currently, Medford Multicare Center For Living maintains an overall one out of five stars compared to all nursing homes in the United States. This ranking includes one out of five stars for health inspections, three out of five stars for staffing issues, and four out of five stars for quality measures. Some major deficiencies, health hazards and safety violations involving this facility include:
In a summary statement of deficiencies dated January 31, 2017, the state surveyor noted the facility “did not ensure that each licensed staff caring for residents with [special needs involving surgically incised breathing tubes] had care competencies.” The findings involved a resident needing care for a medical condition on the “evening of January 23, 2016… by a Licensed Practical Nurse (LPN).” The resident’s tube device “dislodged while he was coughing.” The LPN did not have the training a competent level to help the resident.
State investigators initiated an investigation after complaint. Part of the investigation included a review of the facility’s March 2009 policy involving tubing care that states:
“Care will be performed daily and as needed by a licensed nurse or respiratory therapist to ensure airway patency and keeping the tube free from mucous buildup, to maintain mucous membranes and skin integrity, to prevent infection, and provide psychological support.”
The policy also stated that tubing “care must have written orders from a physician.
In a summary statement of deficiencies dated June 9, 2017, the state investigator noted the facility “did not ensure that accidents and injuries of unknown origin were thoroughly investigated to determine potential causes and to rule out abuse, neglect or mistreatment.”
The deficiency by the nursing staff affected two residents where one resident “was found to have acute rib fractures.” It was determined that the “facility’s investigations lacked evidence that interviews or statements were obtained from all staff and care for the resident in determining a possible cause of the injury, or that conflicting documentation was clarified.” It was noted that the resident “also had a prior fall and the facility’s investigation lacked documented evidence that conflicting information obtained during the investigation was clarified.”
In a separate incident, another resident “was found to have four areas of old ecchymosis [bruising] during the assessment.” The surveyor said that however, “the facility did not conduct an investigation is to the possible causes of [the resident’s] bruises.” The investigator reminded the facility of their June 1, 2002, Policy and Procedure for Falls Prevention Program that reads in part:
“After each resident’s fall, the Licensed Nurse is responsible [for investigating] circumstances of the fall to determine causation, repair reviews of the resident’s Care Plan to identify additional interventions that may be required, and ensure that the necessary interventions are in place to keep the resident safe.”
The Policy also states that “the risk manager reviews all accidents and incidents to determine patents for the individual resident or the facility at large.”
In a summary statement of deficiencies dated May 2, 2017, the state investigator noted that the facility “did not ensure that care was implemented [by] each resident’s Comprehensive Care Plan.” The deficiency involved one resident at the facility documented with “functional limitation to both upper extremities, and requires a wheelchair” with “severely impaired cognitive skills for daily decision-making.”
As a part of the resident’s care, the facility’s Occupational Therapist “recommended a right quarter-moon tray table for the resident’s reclining wheelchair.” However, observation of the resident on the afternoon of April 28, 2017, and on May 1, 2017, identified that “the right quarter-moon tray table was not in place.”
The state surveyor interviewed the facility’s Certified Nursing Assistant (CNA) providing the resident care who stated that “when the resident was in the reclining position in her wheelchair, her right arm would slide off the tray table.” The CNA stated they “were not sure where the tray table was.” An interview with the Rehabilitation Director that same morning revealed that “he ordered the right quarter-moon tray table [to be] in placed to prevent contracture of the right arm. He said he spoke to the staff on the unit and they did not know where the tray table was” and “that they should have let the Rehabilitation Department know it was not being used.”
During an interview with the facility’s Registered Nurse Unit Manager, the nurse stated that “we were monitoring how the resident was doing without the tray table, and we usually [write] Progress Notes, but in this case, we did not.” During an interview with the Occupational Therapists that same day it was revealed that the right quarter-moon tray table was needed when the assessment was done on September 22, 2016, because there was a weakness in the right arm. There was increased tone, so the table was to keep the arm more upright and to prevent contracture.” The facility’s Director of Nursing Services stated that “it is the CNA’s responsibility to let the nurse know if a piece of equipment is not being used.”
In a summary statement of deficiencies dated October 24, 2016, the state surveyor noted that the facility “did not ensure that safe and effective assistance devices were provided to each resident to prevent accidents. Specifically, one [resident] fell during a transfer from the bed to a shower chair with a mechanical lift, [while] utilizing a shower sling on September 22, 2016.”
The deficient practice by the nursing staff resulted “in a six-inch laceration to the right side of the head. Subsequently, [the resident] was sent to the hospital [and] returned to the facility with three staples to the right side of his forehead on September 28, 2016.” It was documented that the facility “did not ensure that the care instructions and maintenance of the mechanical lift sling were followed [by] the manufacturer’s recommendations.” The incident involved a resident with a history of falls, impaired balance, pain and impaired gait.
Failure to Care for Residents to Require Special ServicesIn a summary statement of deficiencies dated October 14, 2016, the state surveyor noted that the facility “failed to have a system in place to ensure that [two residents] dependent on continuous oxygen therapy were assessed and had an effective plan for potential emergencies while on recreational trips outside of the facility.” This deficiency involved six residents and three staff members including an Activity Recreation Therapist, Recreation Aide, and a Certified Nursing Assistant.
In one incident, the “facility staff became aware that [the resident’s] oxygen take was empty, and the resident reported the inability to breathe. The provision of oxygen to the resident from a concentrator device (a portable device used to provide oxygen therapy to patients at greater oxygen concentrations than the level of room air) available as a backup oxygen source was delayed secondary to lack of staff knowledge on the operation of the equipment. Oxygen delivery to the resident was interrupted again when the backup oxygen source was diverted to a second oxygen-dependent resident.”
The second resident “reported a lack of flow from her oxygen tank which was then noted to be empty. Failure to provide proper treatment resulted in a complaint [by the resident] of an inability to breathe.” The staff noted that the resident’s lips were blue and called 911. The resident was transferred to a hospital emergency department…” The surveyor noted that “this resulted in an Immediate Jeopardy.”
The surveyor reviewed the facility’s July 20, 2014, Community Trip Preparation Policy that reads in part:
“If residents with respiratory insufficiency are going on a trip, the Nursing Supervisor of the respiratory units, respiratory care, and wheelchair shop, will be requested to provide appropriate equipment and staffing to care for the needs of this population.”
However, the surveyor noted that “the facility lacked documented instructions [or] guidance regarding oxygen dependent residents utilizing oxygen tanks.”
The investigator interviewed the Director of Recreation Therapy (DRT) who reveal that on the day of the incident “she received a text message [from the nursing staff at the scene that the resident] was sent to the hospital” after calling 911. The Director stated that “she was not trained medically, […and] that she told her staff to make a judgment and if they felt it was an emergency, then called 911.”
The surveyor concluded that the Administration “failed to ensure that there was a system in place to Ensure that residents dependent on continuous oxygen therapy were assessed and had an effective plan for potential emergencies while on recreational trips outside of the facility. Specifically, the Administration failed to ensure the policies and procedures for Community Trip Preparation and Community Trip Emergencies were implemented.”
The surveyor concluded that the facility had failed “to develop policies and procedures for monitoring of oxygen tanks for oxygen-dependent residents and residents utilizing supplemental oxygen source when out on community recreational trips.” It was also documented that the administration “failed to ensure that the facility staff was provided education related to monitoring of oxygen tanks, handling oxygen concentrators and identifying emergencies during community recreational trips.”
If you and your family believe that residents, caregivers or visitors victimized your loved one while a patient at Medford Multicare Center For Living, or any nursing home, contacting a personal injury attorney could be a wise decision. With legal representation, your attorney working on your behalf can file your claim, investigate your case, and present evidence to the jury in a lawsuit trial or negotiate an acceptable out of court settlement.
Contact us today! A personal injury attorney will provide immediate legal representation without any upfront payment or fee. All legal fees are paid only after the law firm has successfully resolved your case and your family has received monetary recovery for your damages.
Sources:
Attorney Jennifer Wilson
Licensed in New York
Chicago Nursing Home Injury Lawyer Nursing Home Law Center LLC Home