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Rosewood Rehabilitation and Nursing Center in Rensselaer, New York Cited for Failing to Report Sexual Abuse Allegations

Rosewood Rehabilitation and Nursing Center in Rennselaer, New York, an 80-bed nursing home owned by the for-profit corporation Rosewood Care, LLC, received a one-star rating (“much below average”) from the Centers for Medicare and Medicaid Services and has received numerous citations, according to the Centers for Medicare and Medicaid Services. Rosewood Center for Nursing and Rehabilitation is just one of several nursing homes in the Capital Area region of New York that have received low ratings and have been cited for deficiencies, according to the Daily Gazette. In an April 5, 2019 inspection report, Rosewood Rehabilitation and Nursing Center failed to report a sexual abuse allegation within two hours to the New York State Department of Health. What allegedly happened? According to the inspection report:

The Incident and Accident Report dated 1/21/19 documented Registered Nurse Supervisor (RNS#1) was notified by Resident #1’s daughter at 8:14 PM, that a male nurse touched her mother inappropriately. RNS#1 documented that Resident #1 told her the male nurse was getting too close to her and on 1/20/19 he touched her hair, and breast and kissed her. She told him to stop several times, but he continued.

Instead of immediately reporting the abuse allegation as soon as they became aware of it, staff told the Director of Nursing and the Administrator, who then allegedly only reported the abuse allegation after it was “substantiated,” according to the April 5, 2019 inspection report.

This is far from the only time Rosewood Rehabilitation and Nursing Center has been cited for deficiencies that could put residents at risk for elder abuse and nursing home neglect. In 2012, NBC 4 New York reported “a violation at Rosewood Rehabilitation Center in Rennselaer where staff failed to notice maggots nesting in a resident’s open wound.” Administrators declined to speak with reporters from the I-Team, an investigative reporting team from NBC 4 New York.

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Per a recent inspection report, conditions have not improved at Rosewood Rehabilitation and Nursing Center. In a January 25, 2019 health inspection report, government investigators found 18 deficiencies—from alleged failures in case planning to failures to address residents’ bedsores. In one case, a patient allegedly consistently refused a dressing change; the inspection report alleges that no staff members told the resident about the risks of refusing treatment, including that it could jeopardize the health and hygiene of others. One staff member lamented that the resident’s room “smells like death.”

In another case, Rosewood Rehabilitation and Care Center allegedly failed to draft an individualized care plan to address a resident’s pressure ulcers. According to the inspection report, a resident had a Stage 2 bedsore on her tailbone. Staff medicated and dressed the wound, and it healed. The resident later went to the hospital to have a medical device removed. Upon her readmission to Rosewood, however, Rosewood Rehabilitation and Nursing Center allegedly failed to implement a care plan to prevent future pressure ulcers or deep tissue injuries (DTIs) from developing. Soon after she was re-admitted to Rosewood Rehabilitation and Nursing Center, she allegedly developed a large, purple wound—a deep tissue injury. The deep tissue injury spanned 4 square centimeters on the resident’s buttocks and tailbone. Later, the resident also allegedly developed a Stage 2 pressure ulcer measuring 10 centimeters by 20 centimeters. Although the report stated that staff performed interventions, including providing an air mattress and high-calorie shakes, the Assistant Director of Nursing allegedly “was unable to locate an admission care plan to address the resident’s pressure ulcers and was unable to locate documentation that the resident’s skin condition was assessed upon readmission from the hospital.” Nurses were allegedly not documenting each dressing change and were not reporting their findings to the Assistant Director of Nursing. For more information on pressure ulcers, including information about the different stages of pressure ulcers and what to do if your loved one has a bedsore, see our article “Bedsores: A Telltale Sign of Nursing Home Abuse.”

Upon residents’ release, Rosewood Rehabilitation and Care Center allegedly did not ensure that a complete care plan was in place for residents’ aftercare needs. A resident was receiving oxygen at the facility, another resident was receiving antianxiety medication, and a third was receiving anticoagulation therapy. Allegedly, no plans were in place to continue this care outside the facility, leaving patients vulnerable. Similarly, in another instance, the facility allegedly failed to draft a discharge plan that met the resident’s needs and goals. A resident was waiting to be seen by a caseworker so that he could go to his next placement, an assisted living facility. The high turnover of social workers meant that the resident kept waiting to speak with someone about leaving the Rosewood Rehabilitation and Care Center, but this resident was allegedly unable to do so for a considerable amount of time. According to the inspection report:

During an interview on 01/17/19 at 11:19 AM, Resident #8 stated that he wanted to leave the facility and live elsewhere. He further stated that the change in social worker’s (SW) employment at the facility was so frequent that his discharge plan would be dropped after a SW left. He had been asking for months to be transferred to an assisted living facility and he was waiting for the new social worker to start over and help him to find a place to go.

Nursing homes not only should care for residents while they are under their care, but they should help them plan for the future. That allegedly did not happen in the case described above.

If you have questions about nursing home abuse, nursing home neglect, or elder abuse, please don’t hesitate to come forward and contact an attorney. Call (877) 238-4175 or email info@fkesq.com for your free case consultation.