Alliance Health at Rosewood

MI Elder Abuse Free Legal ConsultationDid someone you love suffer elder abuse or neglect at Alliance Health at Rosewood? Our lawyers can help.

Abuse of the elderly is not acceptable and we fight hard in these types of cases. If you suspect a nursing home or caregiver has caused harm to your loved one in someone elses’ care, contact our law firm today for a free legal consultation.

Talking to us does not obligate you to anything, but we may be able to tell you if you have a claim and the value of your case. If we accept your case, you pay no fee unless we recover for you.

About Alliance Health at Rosewood

Alliance Health at Rosewood is a for non-profit, 135-bed Medicare/Medicaid certified skilled nursing facility that provides services to the residents of Ipswich, Danvers, Beverly,  Middleton, Peabody, Salem, Marblehead, Lynnfield, North Reading, Gloucester, and the other towns in and surrounding Essex County, Massachusetts.

Alliance Health at Rosewood
22 Johnson Street
West Peabody, MA 01960

Phone: (978) 535–8700
Website: http://www.alliancehhs.org/Skilled-Nursing-Rehab-Peabody-MA

CMS Star Quality Rating

The Centers for Medicare and Medicaid (CMS) rates all nursing homes that accept medicare or medicaid benefits. CMS created a 5 Star Quality Rating System—1 star is the lowest rating and 5 stars is the highest—that look at three areas.

As of 2018, Alliance Health at Rosewood in Peabody, Massachusetts received a rating of 3 out of 5 stars.

Performance Area Rating
Overall Rating 3 out of 5 (Average)
State Health Inspections 2 out of 5 (Below Average)
Staffing 4 out of 5 (Above Average)
Quality Measures 3 out of 5 (Average)

Fines Against Alliance Health at Rosewood

The Federal Government fined Alliance Health at Rosewood $9,360 on 12/10/2015 for health and safety violations.

Fines and Penalties

Our Assisted Living Lawyers and Nursing Home Injury Attorneys inspected government records and discovered Alliance Health at Rosewood committed the following offenses:

Failed to make sure that each resident gets a nutritional and well balanced diet, unless it is not possible to do so.

**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY**

Based on record review, observation and staff interview, the facility failed to ensure that Residents maintained acceptable parameters of nutritional status based on a comprehensive nutritional assessment and provide adequate interventions, evaluating their effectiveness to prevent further significant weight loss for 1 (#19) of 24 sampled Residents.

Findings include:

Review of the facility Weight Loss Policy (dated 10/29/16) indicated that it is the policy of this facility to assess all residents/patients and identify those residents/patients at risk for weight loss. The procedure included:

– If a significant weight loss/gain is identified (> 3 pounds in one week, >5% in 30 days or >10% in 6 months), the Physician/Nurse Practitioner and Family are notified.
– All residents with a significant weight loss are reviewed by the Weekly Care Management Meeting team, the Dietician and the resident/responsible party and interventions implemented as appropriate and are monitored weekly.

For Resident #19, the facility failed to provide effective interventions to prevent continued unplanned weight loss. Resident #19 was admitted to the facility in 10/2012 with [DIAGNOSES REDACTED]. The medical record was reviewed on 12/19/16. The Quarterly Minimum Data Set ((MDS) dated [DATE], indicated that the resident had both short and long term memory problems, indicating severe cognitive impairment, required extensive assistance with bed mobility, transfers, locomotion off unit, dressing and personal hygiene. Resident #19 required set up and supervision only for dining/eating. The MDS indicated that the Resident had not sustained any significant weight loss. Review of the quarterly nutritional assessment dated [DATE], indicated the resident received supplements, 50%-meal intake; a usual body weight of 125 lbs. (pounds); supervised in feeding and a statement that weight has stabilized and to continue to offer high calorie foods and supplements to maintain weight. No further Dietary notes were observed in the medical record. Review of the Resident Weight Record indicated weights as follows for 2016:

7/4 130 lbs
8/1 127.2 lbs
9/6 125 lbs
10/3 125.2
11/7 125
11/14 123.4
11/21 120.8
11/28 120
12/5 118.7

a 6.3% weight loss since 11/7 12/12 115.9 a 10.8% weight loss in 5 months 12/19 113.9 a 12.3% weight loss in less than 6 months On 12/19/2016, review of the Weekly Care Management meeting minutes for the months of 9/2016, 10/2016, 11/2016 and 12/2016 indicated Resident #19 was not reviewed for a risk of weight loss. There was no evidence of further review of this Resident’s weight loss by the Weekly Care Management meeting.

During an interview with the Director of Nursing on 12/19/16, at 9/30 A.M. she said that the last Weekly Care Management meeting took place on 12/1/16.

On 12/19/16, review of the Nutrition Care Plan, dated 7/27/16, with a target date of 12/16 indicated no change of interventions despite the slow progressive weight loss which led to an unplanned significant weight loss over the last 5 months and there were no interventions put into place to address the unplanned weight loss. On 12/19/16, review of the clinical record indicated the Physician was not notified of the unplanned weight loss. Nurses notes dated 9/1/2016 through 12/19/2016 indicate the Physician was not notified of the progressive weight loss. The last Physician note in the medical record was dated 8/29/16, and does not address risk for weight loss. Further review of the clinical record indicated that in 4/2016 the medication [MEDICATION NAME] was initiated to stimulate appetite, however, the Physician was not notified that the dosage of the medication was not effective and the percentage of meals taken remained at approximately 50%. In an interview with the Dietician on 12/19/16 at 8:45 A.M., the Dietician said that she was unaware of the weight loss, and that she was not sure whether the Resident was being followed in the Weekly Care Management meetings. She also said that both the physician and herself should have been notified at least two weeks ago when the weight loss had become significant so further interventions could have been put in place.

Failed to store, cook, and serve food in a safe and clean way.

Based on observations and staff interviews the facility failed to maintain and/or assure sanitary conditions during the preparation, distribution and service of food. The facility failed to ensure that proper infection control practices were adhered to, including proper handwashing and use of hair restraints during food preparation and meal service as required.

Findings include:

1. On 12/14/16 at 7:30 A.M., Surveyor #2 conducted the initial walk through of the kitchen. Three out three staff that required beard restraints were not wearing them, while cooking and serving meals on the tray line. The server on the tray line was observed touching his/her face and did not change his/her gloves. The surveyor intervened and had him/her wash hands and change gloves before continue to serve food on the tray line.

2. On 12/19/16 at 7:35 A.M., Surveyor #2 conducted a tray line observation. The cook was observed cooking fried eggs for the breakfast line. Surveyor #2 asked if they were pasteurized eggs, he/she stated that they use unpasteurized eggs because they are cooked through. Surveyor #2 lifted the cover off the eggs in the steam table and they were not cooked through and were runny. This was brought to cook #1’s attention and he/she started using pasteurized eggs. He/she stated that he/she knew that the eggs were suppose to be cooked solid and acknowledged that they were not.

The server washed his/her hands, put on gloves and then put his/her hand in their pants pocket to pull out the thermometer and was going to take temperatures until the surveyor intervened and had him/her rewash their hands and regloving. Surveyor #2 observed lip plated and scoop dishes that were dirty and wet. These were going to be used. The Surveyor #2 informed the Food Service Director and he/she told them to re-wash them. After washing they were given to the server and he/she stated to dry them with an old towel. The surveyor informed the server that all dishes and equipment had to be air dried not hand dried.

3. At 10:45 A.M., Surveyor #2 returned to conduct the sanitation tour. The following was observed:

– the stove top burners had dried food particles
– the oven had a burnt carbon build up
– five of five cutting boards were stained with deep cut marks making them difficult to sanitize
– the fryer was filled with dark brown oil with big food particles floating in it
-three large frying pans and 2 omelet pans were stained and had wobbly bottoms which could cause an accident

4. The food service staff was observed washing the pots and pans in the three bay sink. The sanitizing agent was quaternary. The staff was asked to test the concentration of the sanitizer. The staff stated that the concentration should be 200 PPM (parts per million) and tested for 10 seconds. The test strip container documented that it should be dipped in the solution for 1-2 second. The staff person put the test strip in for 10 seconds and it read less than 100 PPM. The Food Service Director confirmed that the strip should be dipped for 1-2 seconds and read 200 PPM. The Food Service Director was with Surveyor #2 and agreed with the findings.

Failed to maintain drug records and properly mark/label drugs and other similar products according to accepted professional standards.

**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations and staff interview, the facility failed to ensure that out of date medications were removed from use and discarded on 3 of 3 nursing units, failed to date multidose vials of medications when opened for use on 2 of 3 nursing units and failed to store pharmaceuticals in a locked, secure area on 2 of 3 units.

Findings include:

1. During an inspection of the 1st floor medication room on 12/15/16, at 10:00 A.M., with Nurse #1, the following was observed:

A. 1 bottle of Calcitonin Salmon nasal spray opened and without a date of when it was opened. The manufacturers instructions indicate the bottle can be used for 35 days after opening.
B. 1 Insulin Emergency Kit with an expiration date of 10/31/2016. During an interview on 12/15/16 at 10:10 A.M.,Nurse #1 said she would tell the nurse on the other side about the expired nasal spray and call the pharmacy to replace the insulin emergency kit.

2. During an inspection of the 2nd floor medication room on 12/15/2016, at 10:20 A.M. with Nurse #2, the following was observed:
A. 2 bottles of Tuberculin derivative (used to test for presence of [DIAGNOSES REDACTED] disease in individuals), open and without a date of when they were open.
B. 1 bottle of Novolin insulin open and without a date of when it was opened.
C. 1 bottle of 1000 tablets of Sodium Bicarbonate with an expiration date of 4/2016.
D. 2 bottles of anaerobic culture vials with expiration dates of 8/31/16.

Open bottles of multi dose medications are good for 28 days after opening and then must be discarded. During an interview on 12/15/2016, at 10:25 P.M., Nurse #2 said the night nurse is supposed to check for expired medications but all nurses are supposed to date bottles when they are opened and check the dates each time they are used to ensure they have not expired.

3. During an inspection of the 3rd floor medication room on 12/15/16, at 10:30 A.M., the following was observed: A. 1 Anaphylaxis Emergency Kit with an expiration date of 10/31/16 During an interview on 12/15/2016, at 10:35 P.M., Nurse #3 said that she would call the pharmacy to have it replaced.

4. During medication pass, Surveyor #1 observed the following: A. On 12/14/2016, at 8:00 A.M., Surveyor #1 observed Nurse #4 exit the medication room on the 2nd floor and leave the door ajar and unlocked. At 8:15 A.M. Surveyor #1 observed the medication room door ajar and unlocked. B. On 12/15/2016, at 7:52 A.M., Surveyor #1 observed Nurse #4 exit the medication room on the 2nd floor and leave the door ajar and unlocked. At 8:00 A.M. Surveyor #1 observed Nurse #4 re-enter the medication room on the 2nd floor with the door still unlocked and ajar.

5. A. Surveyor #3 observed the medication room door ajar on the 3rd floor on 12/15/16 at 11:22 A.M. with no nurse inside the room. Surveyor #3 observed a Unit Secretary (US#1) enter the medication room unsupervised. US #1 said she restocks the over the counter medications and other supplies.

B. 12/15/16 at 11:25 A.M., Nurse #5 said the unit secretaries have a key to the medication room to restock medications and supplies as needed. C. 12/15/16 at 1:15 P.M. the Director of Nursing said that the Unit Secretaries do not have keys to the medication rooms. Nursing supervisors, charge nurses and licensed nurses only have possession of keys.

Alliance Health at Rosewood, Nursing Home Neglect and Elder Abuse Lawyers

If someone you love has suffered neglect or elder abuse by a senior caregiver, nursing home, or other care facility, our lawyers may be able to help. Regardless of whether or not criminal charges are filed against an alleged abuser, you may still be able to pursue compensation in a civil claim. Compensation in elder abuse cases may be awarded if someone in the care of another suffers harm due to intentional or negligent actions (including failure to take action).

Abuse of the elderly is not acceptable and we fight hard in these types of cases. If you suspect a nursing home or caregiver has caused harm to your loved one in someone elses’ care, contact our law firm today for a free legal consultation. Talking to us does not obligate you to anything, but we may be able to tell you if you have a claim and the value of your case. If we accept your case, you pay no fee unless we recover for you.

Oftentimes, victims of abuse either cannot or will not speak up for themselves out of fear. If you notice any warning signs or symptoms of neglect of abuse an an elderly person, it is important you contact an elder abuse lawyer immediately. Not only are there statute of limitations on filing a claim, but the sooner we start helping you, the easier it will be to collect evidence and talk to any witnesses before important details are lost, hidden, or forgotten.

Boston Personal Injury Lawyers for Elder Abuse Cases

We offer a free, no-obligation legal consultation to help you understand your rights and the value of your case. Our personal injury law firm takes cases involving elder abuse and neglect. We offer legal service to clients in Massachusetts, Rhode Island and New Hampshire.


Sources:

Medicare Nursing Home Profiles and Reports – Alliance Health at Rosewood

Inspection Report for Alliance Health at Rosewood – 12/19/2016

Page Last Updated: March 8, 2017