Failure to Conduct Ordered Neuro-Checks and Notify Physician
Summary
The facility failed to immediately consult with a resident's physician when there was a need to significantly alter treatment. This deficiency was identified for one of the eight residents reviewed for notification. The resident in question was admitted with diagnoses including dysphagia following a cerebral infarction and dementia. Upon returning to the facility from the hospital, the resident had new diagnoses, including cerebral infarction, hemiplegia, hemiparesis affecting the right dominant side, ataxia, and slurred speech. Despite these conditions, the facility did not perform neuro-checks as ordered every four hours for three days. The nursing staff failed to conduct the required neuro-checks due to the resident being asleep and family refusal. There was no documentation of the physician or nurse practitioner being notified of these missed assessments. Interviews with the nursing staff revealed that they did not explain the potential consequences of not performing the neuro-checks to the family, assuming the family was already aware due to the resident's history of strokes. The nurses did not attempt to reassess the resident until the next scheduled interval, and there was no communication with the medical provider about the refusals. The resident was eventually sent to the hospital and diagnosed with cerebral infarction and hemiparesis. The failure to perform the ordered assessments and notify the medical provider of refusals could have resulted in the resident not receiving necessary care, potentially leading to a decline in health. This deficiency was identified as an Immediate Jeopardy, which was later removed, but the facility remained out of compliance due to the need to monitor and evaluate the effectiveness of corrective actions.
Removal Plan
- Verify that all assessments were being followed as ordered by physician/NP.
- All licensed nurses will be in-serviced regarding the need to notify physician/NP immediately of any refusals that keep us from following physician ordered assessments. Licensed Nurses on vacation, leave, or unavailable will be trained prior to their next scheduled shift. A Licensed Nurse roster is being utilized to track the Licensed Nurses who have responded and have been in-serviced. The identified Licensed Nurses who were unavailable will attempt to be reached by phone call, text message, and email by the DON/Designee. The DON/Designee will work with the scheduler and audit daily to ensure any Licensed Nurse will not be scheduled until the necessary in-service has occurred.
- The DON/Designee will review 24-hour report daily for change of condition UDA including neurological checks for any refusals and review for medical provider notification. The Weekend Nurse Manager/Designee will review any refusals and contact the DON/Designee immediately if a resident has a refusal to ensure the medical provider has been notified. Audits will be completed daily, weekly, monthly, and periodically thereafter.
- All residents have the potential to be affected by this alleged deficient practice. At risk residents will be identified by reviewing 24-hour report, changes of condition assessment and neurological checks.
- Weekly the DON and/or designee will pull all orders from the EHR for any refusals and review for physician and/or NP notification. The administrator will meet with the DON weekly to audit and verify this review has been completed.
- Reports to the QAPI committee regarding the reviews will be discussed with the team on an ongoing basis.
- A corporate designee will audit compliance with orders weekly until stable and monthly, quarterly thereafter if stable and report findings to the governing body.
Penalty
Resources
Below are regulatory guidelines relevant to this citation:
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