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Federal Inspection Issues Report on Andover Subacute Long-Term Care Facility
NEWTON, NJ, May 7, 2020
Recent CMS Inspection Finds Andover Facility Not in Compliance with Federal Requirements, Cites Multitude of Issues & Failures
Facility and residents were in “immediate jeopardy” health and safety at risk for serious injury, serious harm ... or death”
CMS Issues Massive Fines, Orders Ongoing Penalties, Oversight
Gottheimer had asked for CMS and state to investigate
On May 7, 2020, U.S. Congressman Josh Gottheimer (NJ-5) announced that the Centers for Medicare & Medicaid Services (CMS), a division of the U.S. Department of Health and Human Services (HHS), has issued its inspection report for the Andover Subacute and Rehabilitation II facility in Sussex County, NJ.
The CMS inspection report found that the Andover Subacute II facility was not in substantial compliance with federal requirements.
CMS has imposed a Civil Money Penalty accruing a total of $220,235 for the fifteen days of Immediate Jeopardy (IJ) and Substandard Quality of Care (SQC), beginning April 6th and ending on April 20th — or more than $14,000 per day, in addition to other fines. CMS has stated that the monetary penalties to the Andover facility will continue to accrue until substantial compliance is achieved or termination occurs.
CMS defines a situation in which a long-term care facility is non-compliant when the facility has placed the health and safety of recipients in its care at risk for serious injury, serious harm, serious impairment or death.
The Andover Subacute II facility must now submit a Plan of Correction (PoC) for the deficiencies cited by CMS within ten calendar days.
“I am absolutely disgusted and heartbroken for the residents, staff, and families about the conditions this CMS inspection has uncovered from the facility in Andover. The loss of life and the circumstances that so many of the residents faced are a complete tragedy. This is why I’ve been working with NJDOH, the Governor, and FEMA to get the National Guard and the VA into facilities like Andover Subacute to assist staff and help keep residents safe. It’s also why I demanded that CMS and the State investigate. I’ve also been working with Sussex County Sheriff Michael Strada, Andover Township Mayor Michael Lensak, and local law enforcement to get more PPE to the personnel at these facilities. We will not beat this virus and flatten the curve if the coronavirus is able to continue to spread like wildfire in our long-term care facilities,” said Congressman Josh Gottheimer (NJ-5).
Within the inspection report, CMS noted, “These failures in proper infection control practices had the potential to affect all residents in the facility through the development and transmission of COVID-19 and other communicable diseases. It was determined that the provider’s non-compliance with one or more requirements of participation has caused, or was likely to cause, serious injury, harm impairment or death to residents.”
According to County data received this week, the Andover Subacute II facility currently has 133 residents and 54 staff members who have tested positive for COVID-19. In total, 94 residents and 1 staff member have died.
Gottheimer has also asked the Federal Emergency Management Agency (FEMA) to deploy National Guard and Reserves to assist North Jersey long-term care facilities in need, and he requested that the U.S. Department of Health and Human Services (HHS) deploy U.S. Public Health Service front-line health care workers.
This week, Gottheimer introduced new bipartisan with Congressman Chris Smith (NJ-4) — the Nursing Home Pandemic Protection Act of 2020 — to codify into federal law new requirements that nursing homes report communicable diseases, infections, and potential outbreaks to the Centers for Disease Control and Prevention (CDC) and that residents and their families be kept informed of infections inside the facilities; as well as requiring facilities have both a crisis plan in place to manage an outbreak and a stockpile of personal protect equipment (PPE) on hand.
Within the inspection report on Andover Subacute II, CMS cited a variety of serious and alarming concerns, including:
Read the CMS letter to Andover Subacute And Rehab II HERE.