F0839 F839: Employ staff that are licensed, certified, or registered in accordance with state laws.
F

Failure to Employ Licensed Social Worker and Involuntary Seclusion of Resident

Birchwood Park RehabilitationVirginia Beach, Virginia Survey Completed on 12-19-2024

Summary

The facility failed to employ a full-time licensed or certified social worker, impacting the care of all residents, including Resident #226. Resident #226, who was cognitively intact and his own responsible party, was moved against his will to a locked memory care unit without the involvement of a social worker to plan his care and discharge. The facility staff did not honor his request to stay in his current room or plan for his discharge back to the community or an assisted living facility. The move was justified by the staff as a precaution against elopement risk, despite the resident having no history of elopement and being able to make his own decisions. Resident #226, who had diagnoses including end-stage renal disease, stroke history, and diabetes, expressed dissatisfaction with the memory care unit, citing a lack of personal items, inadequate clothing, and poor living conditions. He reported that his requests for discharge planning were ignored, and he was involuntarily secluded in the memory care unit. The facility's lack of a social worker from June 28 to November 19, 2024, further compounded the issue, as the newly hired social worker was not familiar with the resident's case and did not document his desire for discharge. Interviews with facility staff revealed a lack of clear policy or procedural guidance for moving residents to the memory care unit. The Director of Nursing and Administrator could not provide a pathway for such decisions, and there was no evidence in the clinical record that the resident's physician was notified of the move or his discharge wishes. The facility's failure to provide adequate social work services and respect the resident's rights resulted in involuntary seclusion and a deficiency in care.

Penalty

Inspection fine: $131,178
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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 F0839 citations
Unlicensed Nursing Supervisor Worked a Shift
D
F0839 F839: Employ staff that are licensed, certified, or registered in accordance with state laws.
Short Summary

An LPN-level nursing supervisor worked a shift after the nurse's license had expired, and the DON confirmed the nurse provided care without a valid license.

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 Verify RN License at Hire
D
F0839 F839: Employ staff that are licensed, certified, or registered in accordance with state laws.
Short Summary

Failure to verify RN license upon hire for an as-needed RN. HR stated the license check was missed when the nurse was hired, and corporate later notified the facility that the individual did not have RN licensure. The personnel file contained no RN license, and the Administrator stated HR should have verified the license at hire.

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.
Expired LVN License Not Identified
D
F0839 F839: Employ staff that are licensed, certified, or registered in accordance with state laws.
Short Summary

An LVN worked with an expired license after the facility failed to properly verify her credential status. The DON was unaware of the expired license, and the Administrator said the issue was found during an audit of licensed nurses. HR stated license checks were done on hire and annually, but the report used did not fully show the expiration date. The LVN said she did not know her license had expired.

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.
Expired Nursing License
D
F0839 F839: Employ staff that are licensed, certified, or registered in accordance with state laws.
Short Summary

Expired Nursing License: The facility failed to ensure an LVN maintained an active license while working as a nurse. Record review showed the LVN worked multiple shifts during the review period, and the BOM stated the LVN was later sent home after the facility found the license had expired. The BOM and ADM stated the BOM was responsible for checking nursing staff licenses, and the facility policy required current licensure verification and recertification before expiration.

Inspection fine: $13,0705 days payment denial
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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.
Unlicensed RN Allowed to Work Due to Faulty License Verification
D
F0839 F839: Employ staff that are licensed, certified, or registered in accordance with state laws.
Short Summary

A nurse was hired and worked as an RN for an extended period without a valid Arizona RN license after HR verified the wrong individual’s license based on a similar name and did not obtain a copy of the actual license. The nurse functioned as a floor RN, passing meds and assessing residents, while only holding an RN license from a non-compact state and awaiting Arizona endorsement. AZBN later informed HR that the nurse did not have an active Arizona license and should not be working as an RN, but the nurse continued to be scheduled for several days after this notification. The Administrator and DON initially believed or assumed the out-of-state license allowed practice, and only later confirmed that the other state was not part of the Nurse Licensure Compact, contrary to facility policy requiring verification and documentation of valid licensure before staff work in licensed roles.

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 Ensure Licensed Nurse Maintained Active Nursing License
F
F0839 F839: Employ staff that are licensed, certified, or registered in accordance with state laws.
Short Summary

The facility failed to ensure that an LN maintained a valid, active nursing license while providing care. One LN’s license had lapsed, as confirmed through Nursys and the state board verification system, yet the LN continued working for an extended period. Interviews with administrative and nursing leadership revealed that HR was responsible for license verification and tracking expirations, but due to multiple HR staff turnovers, required checks of nursing licenses and the nurse aide registry had not been kept current, contrary to the facility’s own background screening policy.

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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