F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
F

Administrative Failures and Unauthorized Practices in LTC Facility

Clovis Healthcare And Rehabilitation CenterClovis, New Mexico Survey Completed on 05-16-2024

Summary

The facility's administration, including the Administrator and the Director of Nursing (DON), failed to effectively manage the facility, leading to several deficiencies. Key administrative staff were frequently unavailable, leaving the facility without leadership or direction. This absence resulted in the rescheduling of resident meetings and a lack of timely communication regarding staff absences, which hindered the ability to find appropriate coverage. Interviews with various staff members, including the Payroll/Scheduler and Social Worker, revealed that the Administrator and DON were often unreachable, and their absence was a common occurrence. This lack of presence and communication led to frustration among staff and impacted the care provided to residents. The facility also allowed an LPN to work without completing necessary hiring procedures, such as an application, background clearance, and competency demonstration. This LPN administered medications to residents over a weekend, despite not being officially employed by the facility. The Administrator was unaware of this situation until informed by the Payroll/Scheduler, highlighting a significant lapse in oversight and communication within the facility's management. Additionally, there were discrepancies in medication administration records, with documentation falsely indicating that another LPN administered medications during the same period. Furthermore, the DON was reported to have altered medical records and written orders without practitioner consent, which is outside the scope of her practice. This included modifying or deleting documentation and writing orders that were not authorized by the providers. These actions were reported by multiple staff members and a Nurse Practitioner, who expressed concerns about the DON's practices. Despite these reports, no corrective actions were taken by the facility's administration, further exacerbating the issues of mismanagement and lack of accountability.

Penalty

Inspection fine: $81,641
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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 F0835 citations
Leadership and Oversight Failures Affecting Resident Care
F
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

Facility leadership failed to oversee resident care and staff performance effectively. Staff reported a week-long shortage of insulin syringes, during which nurses borrowed insulin pens and vials from other residents and gave them to different residents, while one resident missed insulin and another had delayed blood sugar checks and insulin coverage. Interviews also described an LPN threatening a resident, delayed incontinence care, intimidation of staff who reported concerns, and other allegations of misconduct, while the DON and RN/ADON did not fully investigate several of the reported issues.

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.
Failure to Supervise and Respond Appropriately to Elopement
D
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

The NHA and DON failed to effectively manage the facility to implement sufficient monitoring and supervision to prevent an elopement. Facility records and job descriptions showed the NHA was responsible for maintaining effective systems and overseeing staff, care, supplies, and facilities, while the DON was responsible for nursing management, resident care standards, policy implementation, and supervision of the nursing department. The report states the facility failed to properly supervise a resident and failed to respond appropriately to the elopement.

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.
Administrator Living in Facility and Alleged Alcohol Use Not Addressed
F
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

Administrator Living in Facility and Alleged Alcohol Use Not Addressed: The facility failed to follow its drug-free workplace policy and failed to address repeated concerns that the Administrator was drinking alcohol, appeared intoxicated, and smoked in non-designated areas. Staff reported seeing alcohol in the Administrator’s office, smelling alcohol on his breath, and observing behavior they believed was impaired, while the DON and other leaders learned he was living in a room at the facility. The Area Admin did not investigate the allegations and stated he considered the Administrator exempt from policy during evenings and weekends because he lived at the facility.

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 Plan for Facility Closure and Resident Discharge
L
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

Failure to Plan for Facility Closure and Resident Discharge: The facility received an eviction notice but did not have a closure plan for the 30 residents. The ADM said he was out of money, had no specific plan, could not pay for a DON or RN supervisor, and was relying on agency staff while delinquent on supplies and pharmaceuticals. Residents were distressed about being moved, and the ADM had not notified residents or RPs about the eviction.

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 Maintain Infection Control Program
F
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

The NHA and DON failed to maintain an infection prevention and control program designed to provide a safe, sanitary, and comfortable environment. The facility did not have working laundry equipment to ensure clean and sanitized linens and laundry, and this was identified as an Immediate Jeopardy for all 67 residents. The NHA and DON confirmed the failure during interview.

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 Supervise Resident Resulted in Elopement
D
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

A resident eloped from the facility after staff failed to ensure proper supervision, and the event was identified as an IJ for all residents at risk for elopement. The NHA and DON were found to have failed to effectively manage the facility and to fulfill their job duties related to overseeing operations and nursing services.

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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