Failure to follow “necessary and vital precautions” that would have prevented the spread of COVID-19 is the basis for a recent lawsuit filed against a Pennsylvania nursing home and its medical director. The facility has experienced the largest COVID-19 outbreak in the state among its residents and staff. Since the outbreak began in March, more than 440 residents and staff contracted the virus and 80 residents have died.
Due to the severity of the outbreak, the National Guard was brought in to help manage the crisis.
Centers for Medicare & Medicaid Services (CMS) investigated the 5-star rated facility and assessed fines totaling $62,580. These fines were related to infection control and medical record keeping. Historically, the facility was also fined by CMS in the three previous years for a total of $63,979 ($9,623 – 5/16/2019, $8,908 – 4/02/2018, $45,448 – 7/11/2017).
The following are examples of the allegations made by the 15 families filing the suit against the facility:
- Failure to ensure proper social distancing protocols were followed by staff
- Failure to keep untested residents away from residents who had tested positive for COVID-19
- Staff did not wear proper personal protective equipment (PPE)
- Adequate infection prevention protocols were not were not followed
During a news conference, an attorney for the plaintiffs issued this statement: “This lawsuit is not about the COVID virus. It is about what did not take place prior to the virus coming here. Within the calendar year before the virus came this spring, the facility was cited on three separate occasions.”
Compliance Perspective
Failure to have an ongoing effective Infection Prevention and Control Plan in place to address prevention of the spread of a particularly infectious virus like COVID-19, along with not following CMS and the Centers for Disease Control and Prevention (CDC) guidelines for separation of residents with confirmed or suspected infection from others, places residents in jeopardy for harm and may be considered a violation of state and federal regulations.
Discussion Points:
- Review policies and procedures regarding the effectiveness and implementation of the facility’s Infection Prevention and Control Plan, including protocols for separating COVID-19 positive residents or those awaiting test results from those who tested negative. Review protocols requiring the use of consistent staffing so that no crossover occurs from those working with known infected residents to residents who are not infected.
- Train staff regarding CMS and CDC guidelines for protecting residents and themselves from the spread of a highly infectious virus like COVID-19, the proper wearing and disposal of PPE, and continuous hygienic handwashing.
- Periodically audit to determine if infection prevention and control protocols are being followed by all staff on all shifts, including separation of COVID positive residents from COVID negative, as well as consistent assignments.
