F0837 F837: Establish a governing body that is legally responsible for establishing and implementing policies for managing and operating the facility and appoints a properly licensed administrator responsible for managing the facility.
D

Failure to Report Scabies Outbreak to CDPH

Orchards At TulareTulare, California Survey Completed on 12-11-2024

Summary

The facility failed to implement its policy and procedure for reporting communicable diseases when an outbreak of scabies was not reported to the California Department of Public Health (CDPH). Two residents were diagnosed with scabies, a contagious skin disease, but the outbreak was only reported to the county health department and not to CDPH. The facility's policy required the Infection Preventionist to notify the local, district, or state health department of confirmed cases of state-specific reportable diseases. However, the outbreak was not reported to CDPH because there was no confirmed skin scraping, despite the guidance indicating that an outbreak should be assumed following the diagnosis of a single case. Interviews with facility staff, including the LVN/IP and the Director of Nursing, revealed that the outbreak was not reported to CDPH due to the lack of confirmation. The Administrator acknowledged that a scabies outbreak should have been reported to CDPH when there were two or more cases, even if unconfirmed. The facility's failure to report the outbreak to CDPH resulted in the department being unaware of the situation, which was contrary to the guidance provided by the California Department of Public Health Prevention and Control of Scabies in California Healthcare Setting.

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

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See other F0837 citations
DSD Not Department-Approved and Employment Reference Checks Not Properly Completed
E
F0837 F837: Establish a governing body that is legally responsible for establishing and implementing policies for managing and operating the facility and appoints a properly licensed administrator responsible for managing the facility.
Short Summary

DSD Not Approved and Reference Checks Incomplete The facility allowed an LVN to function as DSD and provide CNA orientation and in-service training without Department approval, even though the approved NATPN listed a different DSD. The LVN stated she had not received approval and had not applied for it, while the ADM said the facility had two full-time DSDs and the LVN worked the p.m. shift. The facility also lacked a policy for former employment reference checks and hired staff without properly verifying prior employment. Personnel files showed references from friends, spouses, and co-workers instead of former employers, and the DON stated these sources could not confirm job performance, length of employment, resident abuse history, or rehire eligibility.

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 Policy for Residents Signing Themselves Out
E
F0837 F837: Establish a governing body that is legally responsible for establishing and implementing policies for managing and operating the facility and appoints a properly licensed administrator responsible for managing the facility.
Short Summary

The facility failed to develop and implement policies and procedures for residents independently signing themselves out and leaving without supervision. The CQA Director stated nurses ask the resident’s expected return time, check the elopement book, and may send medication, but she was unaware of a specific policy for assessing whether a resident could sign out independently or with supervision. She also stated the decision would rely on resident rights, the MDS, the elopement assessment, and BIMS, and that a refusal to sign out could be treated as AMA if the BIMS score was high enough.

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.
Lack of Governing Body Oversight
F
F0837 F837: Establish a governing body that is legally responsible for establishing and implementing policies for managing and operating the facility and appoints a properly licensed administrator responsible for managing the facility.
Short Summary

Lack of Governing Body Oversight: The facility failed to have a governing body in place to oversee the Administrator and facility operations. Records showed key program agreements signed by the Administrator as Owner/Administrator, and the Administrator provided a written statement identifying self as the sole governing body. The DON and an RN stated the Administrator handled all banking and monies.

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 Timely Report Resident Fall With Fracture
D
F0837 F837: Establish a governing body that is legally responsible for establishing and implementing policies for managing and operating the facility and appoints a properly licensed administrator responsible for managing the facility.
Short Summary

Failure to Timely Report Resident Fall With Fracture: A resident with dementia, OA, and unsteadiness on feet fell and sustained a nondisplaced distal R femur fracture, but the event was not reported to CDPH within the facility’s required timeframe. The admin acknowledged the unusual occurrence should have been reported per policy and was not submitted until much later.

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.
No Licensed Administrator in Place
D
F0837 F837: Establish a governing body that is legally responsible for establishing and implementing policies for managing and operating the facility and appoints a properly licensed administrator responsible for managing the facility.
Short Summary

No Licensed Administrator in Place: Record review and interviews showed the facility had no current ADM listed and had been without a licensed ADM for over 30 days. The former ADM stated his license had been pulled from the building and a new ADM had not been officially onboarded, while the HRD, SW, AD, and OM all confirmed there was no ADM currently in place and no clear start date for one.

Inspection fine: $13,070
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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 of Governing Body to Ensure Safe Facility Operations
F
F0837 F837: Establish a governing body that is legally responsible for establishing and implementing policies for managing and operating the facility and appoints a properly licensed administrator responsible for managing the facility.
Short Summary

Failure of Governing Body to Ensure Safe Facility Operations: The governing body did not ensure the facility was managed in a manner that protected the safety, dignity, and overall well-being of 45 residents. Survey findings identified widespread breakdowns involving psychotropic meds, resident rights and grievances, abuse allegations, MDS/PASSR accuracy, care planning, physician notification, bed rail safety, medication management, and storage of drugs and biologicals. Administrator A stated she was told there were serious issues to address and that multiple corporate consultants were being used for support, while the Administrator and DON job descriptions assigned them responsibility for overall compliance and nursing operations.

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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