F0727 F727: Have a registered nurse on duty 8 hours a day; and select a registered nurse to be the director of nurses on a full time basis.
D

Failure to Ensure RN Coverage

Avir At Town CreekPalestine, Texas Survey Completed on 04-05-2024

Summary

The facility failed to ensure the presence of a registered nurse (RN) for at least eight consecutive hours a day, seven days a week, as required. Specifically, the facility did not have RN coverage for one day in December 2023. This deficiency was identified through a review of the CMS Payroll Based Journal (PBJ) report for the fourth quarter of 2023, which indicated missing RN hours on several dates in October, November, and December 2023. The monthly staffing schedules and time sheets confirmed that RN coverage was missing on 12/17/2023. Interviews with the Administrator, Assistant Director of Nursing (ADON), and Director of Nursing (DON) revealed that the ADON was new to her role in December 2023 and was still learning her responsibilities, which contributed to the oversight in scheduling RN coverage for that day. The DON and ADON stated that they typically provide RN coverage themselves if no other RN is available, but this did not occur on 12/17/2023. The facility's policy, dated 9/28/23, mandates the utilization of a registered nurse for at least eight consecutive hours a day, seven days a week. Despite this policy, the facility failed to adhere to it on multiple occasions, with the most notable lapse occurring on 12/17/2023. The Administrator, who had been employed since August 2023, expected RN coverage to be maintained as per the policy. However, the ADON's inexperience and the lack of a scheduled RN on 12/17/2023 led to a failure in providing the required RN coverage, potentially placing residents at risk due to the absence of supervisory RN-specific nursing activities and coordination of emergency care and disasters.

Penalty

Fine: $31,720
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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 F0727 citations in Ohio
Failure to Maintain Required RN Coverage and Full-Time DON
F
F0727 F727: Have a registered nurse on duty 8 hours a day; and select a registered nurse to be the director of nurses on a full time basis.
Short Summary

The facility failed to maintain required RN coverage for at least eight consecutive hours daily and did not have a full-time DON actively working on site. Staff time records showed days with no documented continuous RN presence, despite the facility’s own assessment requiring a full-time DON, ADON, wound care nurse, and MDS nurse. CNAs and other staff reported there was no nursing management (DON, ADON, MDS, or wound care nurse) in the building, no one to report concerns to, and poor communication, including new admissions arriving without notice. Human resources confirmed the prior DON left before completing a notice period, the ADON resigned immediately, and key nursing positions remained vacant, while an LPN and other staff stated that RNs were listed on schedules and PPD sheets but often were not physically present.

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 Required Daily RN Coverage
F
F0727 F727: Have a registered nurse on duty 8 hours a day; and select a registered nurse to be the director of nurses on a full time basis.
Short Summary

The facility failed to provide required RN coverage for at least eight consecutive hours per day, seven days a week, as shown by staffing schedules and timecard punches indicating no RN on duty on two days during a reviewed period, while 97 residents were present on each of those days. The DON confirmed in an interview that there was no RN coverage on those dates and that she was the only RN in the building, and the overall census was 107 residents. This deficiency was investigated under two complaint numbers.

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 Required Consecutive RN Coverage
F
F0727 F727: Have a registered nurse on duty 8 hours a day; and select a registered nurse to be the director of nurses on a full time basis.
Short Summary

The facility did not ensure eight consecutive hours of RN coverage per day, with time records showing only partial or no RN presence on certain days. The DON confirmed the lack of required RN coverage and was unaware of the federal requirement until interviewed.

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 Required RN Coverage and Improper Use of DON as RN
F
F0727 F727: Have a registered nurse on duty 8 hours a day; and select a registered nurse to be the director of nurses on a full time basis.
Short Summary

The facility did not provide eight consecutive hours of RN direct care coverage on three days within a week, with the DON acting as the only RN present and providing resident care. Staffing records and staff interviews confirmed the absence of other RNs, and the facility lacked a policy on RN coverage requirements. This deficiency had the potential to affect all residents.

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 Employ Full-Time DON for Skilled Nursing Facility
F
F0727 F727: Have a registered nurse on duty 8 hours a day; and select a registered nurse to be the director of nurses on a full time basis.
Short Summary

The facility did not employ a full-time DON dedicated solely to the skilled nursing facility, instead assigning the DON to oversee both the SNF and ALF. Interviews with staff and review of records confirmed that the DON has been responsible for both areas and could not specify the time spent on each, contrary to facility policy requiring a full-time DON for the SNF.

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.
Lack of Dedicated Full-Time Director of Nursing
F
F0727 F727: Have a registered nurse on duty 8 hours a day; and select a registered nurse to be the director of nurses on a full time basis.
Short Summary

The facility did not have a dedicated, full-time DON after the DON went on medical leave, instead assigning the only MDS nurse to serve as acting DON while continuing her MDS duties. This resulted in the absence of a full-time DON as required, potentially impacting all residents.

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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