F0842 F842: Safeguard resident-identifiable information and/or maintain medical records on each resident that are in accordance with accepted professional standards.
E

Unauthorized Access to Resident Medical Records

Luxe At Lutz Rehabilitation Center (the)Lutz, Florida Survey Completed on 05-07-2025

Summary

The facility failed to safeguard resident medical records and confidential information, leading to unauthorized access. During a tour of the 200 hall, a two-tiered rack containing white binders with room numbers and a book with resident-specific information was observed in the hallway. These binders, which included sensitive information such as resident names, dates of birth, diagnoses, and insurance details, were easily accessible to anyone walking down the hallway, including residents, family members, vendors, and visitors. Similar observations were made during subsequent tours, indicating that the binders remained unsecured and accessible. Additionally, during a tour of the nursing station, resident paperwork containing specific medical information was found on top of the nursing station counter, also easily accessible to anyone who approached. There were no staff members present at the nursing stations during these observations, further increasing the risk of unauthorized access to sensitive information. The Director of Nursing (DON) acknowledged that resident records have always been kept on the cart in the hallway and not secured behind the nurse's stations, and that papers should not be left on medication carts or counters without being turned over. The Nursing Home Administrator (NHA) confirmed that the resident records have been in the hallway since her arrival and agreed that they were easily accessible to anyone in the halls. The facility's policy on resident rights and medical records emphasizes the importance of maintaining confidentiality and safeguarding resident information, yet the observed practices did not align with these standards. The facility's failure to secure resident records and prevent unauthorized access constitutes a deficiency in maintaining the confidentiality of resident information.

Plan Of Correction

(1) What corrective action(s) will be accomplished for those residents found to have been affected by the deficient practice? Two tier racks and paperwork were relocated to a secured and confidential area for 100 and 200 hallways. (2) How you will identify other residents having potential to be affected by the same practice and what corrective actions will be taken; By, a quality review was completed by Nursing Home Administrator on two tier racks and paperwork for 100 and 200 hallways were relocated to a secured in confidential area. No additional residents were found to be affected by the alleged deficient practice. (3) What measures will be put into place or what systematic changes you will make to ensure that the practice does not recur; By, staff were educated on the components of Resident Records - Identifiable Information with an emphasis safeguarding resident medical records and confidential medical information in a confidential manner that would prevent unauthorized access by the Nursing Home Administrator. Newly hired staff will be educated on the components of Resident Records - identifiable Information with an emphasis safeguarding resident medical records and confidential medical information in a confidential manner that would prevent unauthorized access by the Nursing Home Administrator/Designee at orientation as a part of the systematic changes. (4) How the corrective action(s) will be monitored to ensure the practice will not recur, i.e., what quality assurance program will be put in place: Nursing Home Administrator/Designee to conduct random audits of 4 nursing stations 2x a week for 4 weeks, then 1x a week for 4 weeks and then monthly for 1 month to ensure that resident medical records and confidential medical information are safeguarded in a confidential manner. The findings of these quality monitoring's to be reported to the Quality Assurance/Performance Improvement Committee monthly until committee determines substantial compliance has been met.

Penalty

Inspection fine: $50,225
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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 F0842 citations
Incomplete and Inconsistent AD and POLST Documentation
E
F0842 F842: Safeguard resident-identifiable information and/or maintain medical records on each resident that are in accordance with accepted professional standards.
Short Summary

Incomplete and inconsistent AD and POLST documentation was found for multiple residents. One resident’s AD and POLST conflicted on artificial nutrition and hydration, another resident’s AD called for comfort care only while the POLST selected CPR and full treatments, and other residents’ POLSTs documented “no decision made” or that an AD was not available despite ADs being present. Staff interviews showed an LN had marked the AD-review section without confirming the AD, the RA was not comparing ADs with POLSTs, and the DON said review responsibilities were shared among staff.

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.
Incomplete and Inconsistent Documentation of ADL Care and Skin Treatments
D
F0842 F842: Safeguard resident-identifiable information and/or maintain medical records on each resident that are in accordance with accepted professional standards.
Short Summary

Incomplete and inconsistent documentation was found for a resident’s bathing care and for multiple residents’ skin-related treatments. Shower/bath records did not match the EMR and lacked entries for several days, with no documentation of physician or resident representative notification for refusals. Wound care, dressing changes, and lidocaine patch documentation were also missing or inconsistent with observations, and one resident was observed without ordered compression stockings.

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.
Incomplete and inaccurate resident clinical documentation
D
F0842 F842: Safeguard resident-identifiable information and/or maintain medical records on each resident that are in accordance with accepted professional standards.
Short Summary

Incomplete and inaccurate resident clinical documentation: A resident with hemiplegia, DM, and dementia had inconsistent behavior monitoring and a new order for a Wanderguard, but no progress note was entered on the day of the order. The chart also included a physician note stating the resident had been found wandering outside on the curb, which the NHA later said was inaccurate; the facility’s review found the statement was entered based on word of mouth staff information and that no elopement occurred.

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.
Incomplete and inaccurate resident record documentation
E
F0842 F842: Safeguard resident-identifiable information and/or maintain medical records on each resident that are in accordance with accepted professional standards.
Short Summary

Incomplete and inaccurate resident record documentation: Surveyors found that several resident records did not match the documented care or resident directives. One resident’s POLST left the Health Care Agent section blank despite an advance directive naming an agent, another resident’s opioid overdose monitoring entries used Y/YES in a way that did not align with the order’s required documentation, an IV antibiotic dose was not documented as given, and a physician progress note was dated after a resident had already been transferred to the hospital.

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.
Falsified vital signs documented in resident record
D
F0842 F842: Safeguard resident-identifiable information and/or maintain medical records on each resident that are in accordance with accepted professional standards.
Short Summary

Falsified vital signs documented in a resident record. An agency RN charted pulse, BP, and respirations for a resident with multiple serious diagnoses, but security footage and DON review showed no vitals were taken during the shift because the RN did not have the vital sign machine. The RN later confirmed she did not take any vital signs despite documenting them.

Inspection fine: $122,570
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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.
Incomplete Resident Medical Records
D
F0842 F842: Safeguard resident-identifiable information and/or maintain medical records on each resident that are in accordance with accepted professional standards.
Short Summary

Incomplete resident medical records were identified for two residents. One resident had diagnoses including DM, interstitial pulmonary disease, HF, and CKD, but physician notes for urinary concerns and follow-up visits were missing from the facility EHR. Another resident with HF and DM had SOB and a nearly 10-pound weight gain, and an outside NP note with new orders for a chest X-ray and labs was not included in the resident's chart. Staff stated the facility relied on outside EHR access or faxed records rather than routinely incorporating those notes into the facility record.

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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