Problems at Sarasota Nursing Home, Sarasota Health and Rehabilitation Center, found during inspection
Problems at Sarasota nursing home, Sarasota Health and Rehabilitation Center, were discovered by Florida investigators with the Agency for Healthcare Administration during a survey inspection in August, 2019. Sarasota Health and Rehabilitation Center is a 169-bed nursing home located at 1524 East Avenue South, Sarasota, FL 34239.
All Florida nursing homes are inspected periodically during the license renewal process. While these inspections are unannounced, administrators and staff at nursing homes are able to fairly predict when such an inspection will potentially occur. During the 2019 survey inspection at Sarasota Health and Rehabilitation Center, the nursing home was found to have failed to comply with several sections of the federal Nursing Home Reform Act of 1987.
Problems documented related to food and nutrition…
Every Florida nursing home must serve decent food to its residents. The requirement under federal law provides that: §483.60(d) Food and drink Each resident receives and the facility provides- §483.60(d)(1) Food prepared by methods that conserve nutritive value, flavor, and appearance; §483.60(d)(2) Food and drink that is palatable, attractive, and at a safe and appetizing temperature. Sarasota Health and Rehabilitation Center has found by state officials to be deficient in failing to meet this requirement during the time of the 2019 inspection.
Failures regarding background screening of employees documented…
A nursing home must not hire felons to care for its elderly residents. Every nursing home has a duty to perform background checks on its prospective employees.
Florida law requires: 435.12(2) Care Provider Background Screening Clearinghouse.- (b) Until such time as the fingerprints are enrolled in the national retained print arrest notification program at the Federal Bureau of Investigation, an employee with a break in service of more than 90 days from a position that requires screening by a specified agency must submit to a national screening if the person returns to a position that requires screening by a specified agency. (c) An employer of persons subject to screening by a specified agency must register with the clearinghouse and maintain the employment status of all employees within the clearinghouse. Initial employment status and any changes in status must be reported within 10 business days. (d) An employer must register with and initiate all criminal history checks through the clearinghouse before referring an employee or potential employee for electronic fingerprint submission to the Department of Law Enforcement. The registration must include the employee’s full first name, middle initial, and last name; social security number; date of birth; mailing address; sex; and race. Individuals, persons, applicants, and controlling interests that cannot legally obtain a social security number must provide an individual taxpayer identification number.
Sarasota Health and Rehabilitation Center was found to have failed to properly meet this legal requirement during its 2019 survey inspection.
Resident grievance practices deficient…
Residents and their family members have a right to complain and make their grievances known to nursing home staff. The staff and administration of a nursing home has an obligation to investigate each grievance and take action to resolve the problem. Sometimes, the practices and procedures of nursing homes in addressing, documenting and resolving resident grievances is deficient.
With respect to resident grievances, federal law requires: §483.10(j) Grievances. §483.10(j)(1) The resident has the right to voice grievances to the facility or other agency or entity that hears grievances without discrimination or reprisal and without fear of discrimination or reprisal. Such grievances include those with respect to care and treatment which has been furnished as well as that which has not been furnished, the behavior of staff and of other residents, and other concerns regarding their LTC facility stay. §483.10(j)(2) The resident has the right to and the facility must make prompt efforts by the facility to resolve grievances the resident may have, in accordance with this paragraph. §483.10(j)(3) The facility must make information on how to file a grievance or complaint available to the resident. §483.10(j)(4) The facility must establish a grievance policy to ensure the prompt resolution of all grievances regarding the residents’ rights contained in this paragraph. Upon request, the provider must give a copy of the grievance policy to the resident. The grievance policy must include: (i) Notifying resident individually or through postings in prominent locations throughout the facility of the right to file grievances orally (meaning spoken) or in writing; the right to file grievances anonymously; the contact information of the grievance official with whom a grievance can be filed, that is, his or her name, business address (mailing and email) and business phone number; a reasonable expected time frame for completing the review of the grievance; the right to obtain a written decision regarding his or her grievance; and the contact information of independent entities with whom grievances may be filed, that is, the pertinent State agency, Quality Improvement Organization, State Survey Agency and State Long-Term Care Ombudsman program or protection and advocacy system; (ii) Identifying a Grievance Official who is responsible for overseeing the grievance process, receiving and tracking grievances through to their conclusions; leading any necessary investigations by the facility; maintaining the confidentiality of all information associated with grievances, for example, the identity of the resident for those grievances submitted anonymously, issuing written grievance decisions to the resident; and coordinating with state and federal agencies as necessary in light of specific allegations; (iii) As necessary, taking immediate action to prevent further potential violations of any resident right while the alleged violation is being investigated; (iv) Consistent with §483.12(c)(1), immediately reporting all alleged violations involving neglect, abuse, including injuries of unknown source, and/or misappropriation of resident property, by anyone furnishing services on behalf of the provider, to the administrator of the provider; and as required by State law; (v) Ensuring that all written grievance decisions include the date the grievance was received, a summary statement of the resident’s grievance, the steps taken to investigate the grievance, a summary of the pertinent findings or conclusions regarding the resident’s concerns(s), a statement as to whether the grievance was confirmed or not confirmed, any corrective action taken or to be taken by the facility as a result of the grievance, and the date the written decision was issued; (vi) Taking appropriate corrective action in accordance with State law if the alleged violation of the residents’ rights is confirmed by the facility or if an outside entity having jurisdiction, such as the State Survey Agency, Quality Improvement Organization, or local law enforcement agency confirms a violation for any of these residents’ rights within its area of responsibility; and (vii) Maintaining evidence demonstrating the result of all grievances for a period of no less than 3 years from the issuance of the grievance decision.
Sarasota Health and Rehabilitation Center was found to have failed to comply with this requirement under federal law and received a deficiency.
The complete survey inspection results for Sarasota Health and Rehabilitation Center may be viewed here: https://tinyurl.com/s73lrwx
Have complaints about Sarasota Health and Rehabilitation Center or another Florida nursing home?
Problems at Sarasota nursing homes are common, unfortunately, and are often related to conscious and deliberate understaffing by corporate officers looking to increase profits. If you believe a loved one has been harmed as a result of nursing home neglect or abuse and have questions, you may call me for a free, confidential consultation at (941) 485-7600. Our law firm works and handles all cases on a contingency basis. We strive to hold bad nursing home corporations accountable for their misconduct and to improve the quality of care for all Floridians. James Edwin Keim, Florida Nursing Home Abuse Lawyer.
