Buffalo nursing home fined $100,000

In one incident in mid-April, a nursing home resident was verbally and physically threatened with a large pair of scissors by another resident, according to state health department records. Investigators found that officials did not report the incident in a timely manner, allowing residents to remain in contact with each other for several days.

In one instance in October 2023, two other nursing home residents, both of whom were cognitively impaired and incapable of consent, engaged in nonconsensual sexual activity, according to Department of Health records. It was observed by staff. Staff did not immediately report the incident to management, leading to continued activity between the two residents.

Those were the key findings of a May 23 inspection by state investigators. The inspection found nearly 30 deficiencies at Humboldt House, none more serious than the facility's failure to protect residents from abuse and its slow reporting of suspected violations. These two citations were classified as serious systemic deficiencies that could affect all 165 residents of the 64 Hager Street nursing home in the city's Hamlin Park neighborhood.

The state Department of Health fined Humboldt House $12,000 on Sept. 16, according to state records updated last week. The U.S. Centers for Medicare and Medicaid Services rated Humboldt House a one-star facility, or well below average, and imposed a $91,790 fine in connection with the May 23 investigation.

Humboldt House Administrator Frank Guida said in an email that the nursing home submitted a thorough remediation plan to the state Department of Health, which was received and approved.

“The citation was related to administrative oversight,” Guida said. “No residents were harmed. Due to delays in reporting and investigation, we took immediate action. The staff involved are no longer with us. We have strengthened our reporting procedures to ensure this does not happen again.” We have ensured that all staff have up-to-date training to prevent this from happening.

Humboldt House has faced several fines since the nursing home changed hands in 2015.

The facility, formerly known as the Niagara Lutheran Home & Rehabilitation Center, opened in 1956 and was owned by the nonprofit Niagara Lutheran Health System. But more than a decade ago, Niagara Lutheran Health System leaders decided to exit the money-losing Buffalo Nursing Home and focus on Greenfields Continuing Care Community in Lancaster.

By the end of 2015, the nursing home and property had been sold for $10.8 million to an ownership group that included seven individuals. Jeffrey Goldstein and Lee Sherman each own 24% of Humboldt House, while Alexander Sherman owns 17.18% and Esther Mendrowicz, Tzvi Sherman and Yehuda Sherman each own 10.94%. Owned. The remaining 2% stake is held by Hindi Amsel.

“The new operator plans to invest in this facility and make it more attractive to residents who require subacute rehabilitation as well as traditional long-term care services,” the buyers wrote in their filing with the state. said.

However, since 2017, the facility has been fined five times by the state totaling $76,000. The largest fine was imposed in 2020, when Humboldt House was fined $50,000 by the state related to poor infection control practices early in the COVID-19 pandemic.

The recent $12,000 fine is Humboldt House's first fine from the state health department since fall 2020.

Lindsay Heckler, policy director for the Buffalo Elder Law and Justice Center, said care at Humboldt House has declined since the ownership change in 2015. She specifically questioned why the state health department wasn't doing more to protect residents. The ownership group told the state 10 years ago that it had plans to improve the nursing home.

“There are long-standing recurring issues, so in addition to what operators are doing, what is the state doing to ensure residents receive quality services and support? ” Heckler said. “When is the state going to step in and ensure that residents have access to safe, quality care services and appropriate supports under federal and state law?”

Humboldt House is currently one of two facilities in Western New York listed as candidates for the federal government's Special Focus Facilities Program. The program is a watch list made up of the nation's worst-performing nursing homes, which are inspected twice as often as other facilities.

Humboldt House has been a candidate for the program for two months, according to the latest list of Special Priority Facilities, updated on September 25th. Another Western New York facility on the shortlist is Williamsville Comprehensive Rehabilitation and Nursing Center, which has been on the shortlist for a month.

“As a family-run home, the care and safety of our residents means everything to us,” said Humboldt House Manager Guida. “We have made significant improvements and are committed to maintaining a high standard of care for everyone at Humboldt House.”

The state investigated seven resident incidents in a May investigation, finding in three of them that Humboldt House “failed to protect residents' right to be free from abuse and failed to protect residents from further abuse.” I made it.

The main example described in the state report is that on April 16, Resident 74 threatened his roommate, Resident 129, with scissors.

That day, what started as an argument between roommates escalated when Resident 74 pulled a pair of scissors from a black bag and told Resident 129, “I'm going to kill you.”

A certified nursing assistant who witnessed the altercation and intervened told the state that Resident 74 would have stabbed Resident 129 in the back had the aide not started the altercation.

Approximately 30 minutes after the altercation, a nursing assistant located the registered nurse and reported the incident. A registered nurse then went to the room and found both residents calmly sitting in wheelchairs. Resident 74 was asked to hand over the scissors, which he did.

A registered nurse told the state that staff did not isolate residents or take additional safety precautions as the situation subsided.

The state found that the registered nurse failed to report suspected abuse between residents to management, which “resulted in continued contact between residents and emotional distress to resident 129.” “It was.''

Three days later, on April 19, Resident 129 consulted a social worker. The resident was crying and shaking as she gave the details of the incident to a social worker. Resident 129 told a social worker that “I felt like my life was in danger.''

The April 16 incident was reported to the state Department of Health on April 19. A review of the registered nurse's file revealed that the nurse received a verbal warning in October 2022 for failing to notify an administrator or director of nursing of an altercation between another resident. . , resulting in a delay in reporting to the Health Department.

In a May 22 phone interview with the state, the nursing home's medical director said that when residents get into an altercation, nursing staff assesses the situation and separates residents into separate rooms for safety. , said it was necessary to ensure that no additional weapons were present.

Once the administration learned of the incident, resident 74 was moved to another room and subsequently discharged from the nursing home. Additionally, the registered nurse's employment at the nursing home was terminated on May 22, and the following day, all facility staff were trained on reporting and investigating abuse.