F0561 F561: Honor the resident's right to and the facility must promote and facilitate resident self-determination through support of resident choice.
D

Failure to Honor Resident Care Preferences

Excelcare At Newark LlcNewark, Delaware Survey Completed on 03-19-2024

Summary

The facility failed to honor the care preferences of three residents, leading to deficiencies in resident self-determination and choice. One resident, admitted with a stroke and aphasia, was forced to receive care from a CNA despite indicating refusal through gestures. The CNA insisted on providing care, causing the resident distress, and other staff members confirmed the resident's refusal and the CNA's aggressive behavior. This incident highlighted the facility's failure to respect the resident's right to refuse care and choose their caregiver. Another resident, admitted with end-stage renal disease and on hemodialysis, reported only being bathed once since admission, despite having scheduled showers. The resident's dialysis schedule conflicted with the assigned shower times, and the facility's documentation confirmed that the resident was often unavailable for showers due to dialysis appointments. The facility did not adjust the shower schedule to accommodate the resident's needs, resulting in inadequate personal hygiene care. A third resident, admitted with a left kneecap fracture, had scheduled showers that were not consistently provided. The resident's medical records showed instances where showers were either refused or not given, and there was a lack of documentation indicating that the nurse was informed of these occurrences. The facility failed to ensure that the resident received the scheduled showers and did not properly document the refusals or missed showers, leading to a deficiency in care provision.

Penalty

Inspection fine: $16,039
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The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.

Resources

Below are regulatory guidelines relevant to this citation:

See other F0561 citations
Failure to Honor Resident Request for Different Room Lighting
D
F0561 F561: Honor the resident's right to and the facility must promote and facilitate resident self-determination through support of resident choice.
Short Summary

A resident with moderate unspecified dementia and Sjogren syndrome with keratoconjunctivitis complained that the room lights were too white, bright, and harsh and asked for softer, more yellow lighting. Staff repeatedly responded by turning the lights off, but no work order was submitted to maintenance for the requested lighting change, despite staff stating that lighting concerns should be forwarded to maintenance.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Resident Prevented From Leaving Dining Room
D
F0561 F561: Honor the resident's right to and the facility must promote and facilitate resident self-determination through support of resident choice.
Short Summary

A resident with intact cognition and diagnoses including anxiety and stroke-related hemiparesis/hemiplegia was prevented by a CNA from leaving the dining room when the CNA stood in front of the wheelchair and placed both hands on the armrests while telling the resident to stay because they were being monitored for falls. The resident and family later reported the resident was hit or pushed during the interaction, police responded, and the resident was transferred to the hospital for chest pain. The facility's investigation concluded there was no evidence of abuse, neglect, or mistreatment.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Routine wound care scheduled around staff availability rather than resident preference
F
F0561 F561: Honor the resident's right to and the facility must promote and facilitate resident self-determination through support of resident choice.
Short Summary

Routine wound care was scheduled around staff convenience instead of resident preference. Surveyors found two wound nurses routinely starting as early as 2:30 AM to complete non-emergent dressing changes, with no MD order requiring overnight treatment, no documented sleep-preference assessments, and no resident consent for middle-of-the-night care. Interviews with the DON, administrator, medical director, and wound nurses confirmed the early schedule had been used for years to accommodate workload and staff schedules, and several residents or representatives reported being awakened overnight for wound care.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Bathing Schedule Did Not Follow Resident Choice or Physician Order
D
F0561 F561: Honor the resident's right to and the facility must promote and facilitate resident self-determination through support of resident choice.
Short Summary

A resident with intact cognition, anxiety, depression, impaired balance, limited mobility, and limited ROM requested two baths per week, but the facility did not follow that preference. Although the care plan and physician order both indicated two baths weekly, the bath schedule showed only one bath assigned, and staff confirmed the schedule did not match the order.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Honor Resident Food Preferences and Meal Ticket Orders
D
F0561 F561: Honor the resident's right to and the facility must promote and facilitate resident self-determination through support of resident choice.
Short Summary

A resident with cognitive impairment, dysphasia, and malnutrition-related diagnoses was repeatedly served breakfast trays that did not match the meal ticket or the resident’s documented food preferences. Staff observed scrambled eggs being provided instead of the ordered/preferred egg preparation, and the resident stated she did not like eggs and had previously requested not to receive them. Interviews with NA, RN, RD, DON, and culinary leadership confirmed that resident choices should be honored and that meals should match the ticket.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Provide or Offer Routine Showers
D
F0561 F561: Honor the resident's right to and the facility must promote and facilitate resident self-determination through support of resident choice.
Short Summary

Failure to provide or offer routine showers: A resident with hemiplegia, anxiety, and MDD was dependent on staff for bathing and said he/she went more than two weeks without a shower and wanted more showers. The record showed gaps in shower documentation, including a 15-day period with no documented shower provided or offered, while CNA and LPN interviews confirmed residents were generally to receive showers twice weekly and refusals should be documented.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
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