F0836 F836: Ensure the facility is licensed under applicable State and local law and operates and provides services in compliance with all applicable Federal, State, and local laws, regulations, and codes, and with accepted professional standards.
E

Failure to Maintain Required Staffing Ratios

Aristacare At Cherry HillCherry Hill, New Jersey Survey Completed on 03-07-2024

Summary

The facility failed to maintain the required minimum direct care staff-to-resident ratios as mandated by the state of New Jersey for 75 out of 105 day shifts reviewed. This deficiency was identified through interviews and a review of pertinent facility documents. The New Jersey Department of Health memo dated 01/28/2021, which established minimum staffing requirements in nursing homes, was referenced. The facility was found to be non-compliant with the required staffing ratios for multiple weeks between November 2022 and February 2024. For example, on 11/20/22, the facility had only 8 CNAs for 121 residents on the day shift, whereas at least 15 CNAs were required. Similar deficiencies were noted on various other dates, indicating a consistent pattern of understaffing during the day shifts. During the entrance conference on 2/27/24, the Licensed Nursing Home Administrator (LNHA) and Director of Nursing (DON) acknowledged that the facility primarily utilized agency staff for certified nursing aides (CNAs) and had callouts. The surveyor requested the Nurse Staffing Report for several weeks, which revealed multiple instances of non-compliance with the required staffing ratios. The Staffing Coordinator confirmed that she scheduled staff according to state and federal regulations but admitted that the facility fell short at times. The facility used two agency staff companies to cover callouts or lack of facility staff, and the Staffing Coordinator, who was also a CNA, had to work on the floor when the facility was short-staffed. On 3/7/24, the LNHA, in the presence of the Regional DON, Chief Clinical Officer, and survey team, acknowledged that the facility had days where the staffing requirements did not meet state ratios. A review of the facility's undated Staffing policy indicated that the facility aimed to maintain adequate staffing on each shift to ensure that residents' needs and services were met. However, the facility's staffing levels frequently fell below the required ratios, leading to the identified deficiency.

Penalty

No penalty information released
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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 F0836 citations
Renovation of resident room completed without required state approval
D
F0836 F836: Ensure the facility is licensed under applicable State and local law and operates and provides services in compliance with all applicable Federal, State, and local laws, regulations, and codes, and with accepted professional standards.
Short Summary

A facility converted a former staff break room into a resident room and assigned two residents there without obtaining prior written approval from HCAI and CDPH. The ADM, DON, and Maintenance staff described removing furniture, adding beds and curtains, and making other room changes, while stating they did not know approval was required before the renovation. The room already had a restroom, sink, closets, call light system, sliding doors, electricity, and sprinklers.

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.
Unqualified Social Services Director
F
F0836 F836: Ensure the facility is licensed under applicable State and local law and operates and provides services in compliance with all applicable Federal, State, and local laws, regulations, and codes, and with accepted professional standards.
Short Summary

Unqualified Social Services Director: The facility failed to ensure the social services dept was staffed and supervised by a qualified social worker, affecting all 123 residents. The SSD was responsible for admission assessments, discharge planning, and helping residents with dental, optometry, podiatry, and psych appts, but record review showed the SSD did not meet the education requirements in the job descriptions and had only a high school education. HR stated the SSD was hired without the required qualifications, and the ADM stated there were no social workers and no plan to hire one, despite the facility policy and facility assessment identifying a qualified social worker role.

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.
Medication Administration Error Involving Another Resident’s Medications
D
F0836 F836: Ensure the facility is licensed under applicable State and local law and operates and provides services in compliance with all applicable Federal, State, and local laws, regulations, and codes, and with accepted professional standards.
Short Summary

A RN failed to follow safe med administration practices when another resident’s meds were placed on a breakfast tray used to pass trays, and a cognitively impaired resident took them. The meds included antihypertensives, an anticoagulant, antidiabetic meds, an antipsychotic, an antidepressant, an anti-anxiety med, and other routine meds. The resident had dementia and other chronic conditions, was sent to the ER for monitoring, and later returned stable.

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 Protect PHI
B
F0836 F836: Ensure the facility is licensed under applicable State and local law and operates and provides services in compliance with all applicable Federal, State, and local laws, regulations, and codes, and with accepted professional standards.
Short Summary

Failure to Protect PHI: The facility failed to maintain an ongoing educational program on confidentiality of patient information after a staff member admitted using the facility computer to access her ex-husband's hospital records for personal reasons. The breach involved PHI including the patient's name, MRN, DOB, phone number, and clinical notes, while the DON stated staff are expected to access only files related to residents the facility is planning to care for.

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.
Unpermitted electrical work, incomplete CHOW licensing, and untimely Administrator notifications
F
F0836 F836: Ensure the facility is licensed under applicable State and local law and operates and provides services in compliance with all applicable Federal, State, and local laws, regulations, and codes, and with accepted professional standards.
Short Summary

The facility was cited for failing to obtain a required county electrical permit for Spider Boxes hard wired into electrical panels during HVAC-related work, failing to complete the State CHOW license application, and therefore not completing the CMS CHOW certification process. The report also found untimely SSA notification of multiple Administrator changes, including periods when the listed Administrator was absent, an acting Administrator was covering, and administrator licensing records were not accurate.

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.
Police Not Notified When Missing Resident Was Found
D
F0836 F836: Ensure the facility is licensed under applicable State and local law and operates and provides services in compliance with all applicable Federal, State, and local laws, regulations, and codes, and with accepted professional standards.
Short Summary

The facility failed to notify police when a resident with dementia and severe cognitive impairment was discovered missing from the facility. Staff initiated a search when the resident could not be found and later located the resident about a mile away, but the medical record did not show police notification. The DON confirmed the facility did not call police because the resident was found quickly.

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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