Failure to Obtain Informed Consent for Antipsychotic Medication
Summary
The facility failed to ensure that a Nurse Practitioner (NP) obtained informed consent for an antipsychotic medication from a resident who lacked the capacity to make medical decisions. Resident 37, who was admitted with diagnoses including dementia, bipolar disorder, and degeneration of the nervous system due to alcohol, did not have a Resident Representative (RR) to act on their behalf. The Minimum Data Set (MDS) and History and Physical (H&P) records indicated that Resident 37's cognitive function was impaired, and they did not have the mental capacity to make decisions. Despite this, the NP obtained verbal consent from Resident 37 for the administration of Zyprexa, an antipsychotic medication, without reviewing the resident's H&P and MDS to verify their decision-making capacity. Interviews with facility staff revealed that the informed consent process was not conducted correctly. Licensed Vocational Nurse (LVN) 6 acknowledged that Resident 37 experienced episodes of confusion and that the informed consent was obtained without proper review of the resident's cognitive assessments. The NP admitted to not verifying the resident's capacity to consent before obtaining it. The Director of Nursing (DON) stated that in cases where residents lack decision-making capacity and do not have an RR, an Interdisciplinary Team (IDT) meeting should be held to discuss the proposed treatment. The facility's policy and procedure on informed consent, which requires the physician to determine the necessary information for obtaining consent when a psychotherapeutic drug is ordered, was not followed in this instance.
Penalty
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The facility failed to ensure physician oversight of wound care, resulting in two residents with significant wounds not receiving timely medical assessment or treatment. In both cases, wounds were documented by staff but not reported to a physician, and no wound treatments were initiated. The nurse practitioner involved was not wound certified, and the medical director was not informed of the residents' conditions. Both residents required hospital transfers for severe wound-related complications.
The facility failed to obtain written physician approval for the admission of three residents, each with complex medical histories and varying levels of cognitive and physical assistance needs. This deficiency was confirmed by the Regional Clinical Nurse during an interview.
The facility failed to provide wound physician follow-up for a resident with a complicated abdominal wall wound as ordered on admission. Despite the resident's history of severe medical conditions and the need for wound care, the facility did not arrange for necessary follow-up appointments, and an order for wound care assessment was canceled without explanation.
Failure to Ensure Physician Oversight of Wound Care
Penalty
Summary
The facility failed to ensure that wound care for residents was overseen by a physician, resulting in a lack of appropriate medical oversight and treatment for residents with significant wounds. In one case, a resident with multiple comorbidities, including diabetes and cognitive impairment, developed a worsening wound on the left foot. Despite weekly wound reports documenting the decline of the wound, there was no evidence that a physician was notified or that wound treatments were initiated. The wound nurse only measured the wound and did not assess it or communicate with the physician, and the nurse practitioner involved was not wound certified. The resident was eventually transferred to the hospital with severe sepsis due to the untreated wound, and the hospital expressed concerns about the extent of the wounds. Another resident with end stage renal disease, diabetes, and a history of amputation developed an ulcer on the right heel, which was identified by the dialysis center but not documented or reported by facility staff in weekly skin assessments. The dialysis center attempted to notify the facility about the ulcer, but there was no evidence of follow-up or physician notification. The resident's condition deteriorated, and upon eventual hospital transfer, was found to have a necrotizing soft tissue infection requiring emergency above-the-knee amputation. The physician confirmed he was not made aware of the wound until after the resident was hospitalized. Interviews with facility staff and review of facility policy revealed that there was no physician oversight of wound care, and the nurse practitioner providing wound care was not wound certified nor supervised by a wound certified provider. The medical director was not informed of the residents' wounds and did not oversee wound care. Facility leadership confirmed they were unaware that wound care was not being overseen by a physician, contrary to facility policy requiring the medical director to oversee the medical care of all residents.
Failure to Obtain Physician Approval for Resident Admissions
Penalty
Summary
The facility failed to ensure that a physician approved the admission of residents in writing, affecting three residents out of five reviewed for physician services. Resident #58, who was admitted with multiple diagnoses including schizophrenia, severe intellectual disabilities, and type two diabetes mellitus, had no documentation of physician approval for admission. The resident required assistance with various activities of daily living and had severely impaired cognition, as noted in the admission Minimum Data Set (MDS) assessment. Similarly, Resident #85, admitted with diagnoses such as schizoaffective disorder and a history of traumatic brain injury, also lacked written physician approval for admission. This resident was cognitively intact and required minimal assistance with daily activities. Resident #92, with a complex medical history including schizophreniform disorder and major depressive disorder, was also admitted without documented physician approval. This resident was cognitively intact and required assistance with several daily activities. The Regional Clinical Nurse confirmed the absence of written physician approval for these admissions during an interview.
Failure to Provide Wound Physician Follow-Up
Penalty
Summary
The facility failed to provide wound physician follow-up for a complicated abdominal wall wound for Resident #97 as ordered on admission. Resident #97 had a history of an unspecified open wound of the abdominal wall, chronic obstructive pulmonary disorder, type two diabetes mellitus, and hypertensive chronic kidney disease in stage five end stage renal disease. The resident was admitted to the facility with a wound vac to his abdominal wall surgical site, which was later found to be infected and treated with antibiotics. Despite the discharge orders including oral antibiotics and no incision care orders, the facility did not arrange for follow-up appointments with a wound care physician as required. The admission assessment initially indicated no wound issues, but a subsequent skin assessment revealed an abdominal surgical incision that required evaluation by the wound care team. An order was placed for the wound care physician to assess the resident on 01/15/24, but this order was canceled on 01/16/24 without explanation. The facility's policy on wound care was not followed, as the resident did not receive the necessary wound care interventions or referrals to a wound care specialist. The deficiency was confirmed through interviews with the Administrator and Corporate RN, who acknowledged the lack of follow-up and the cancellation of the wound care order prior to the resident's discharge on 01/16/24.
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