F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
H

Failure to Prevent and Address Resident and Staff Abuse

Whiting Gardens Rehabilitation And Nursing CenterWhiting, New Jersey Survey Completed on 10-11-2024

Summary

The facility failed to ensure the safety and well-being of residents by not adequately preventing or addressing incidents of physical and verbal abuse, as well as not following its own policies regarding abuse prevention, physical restraints, and behavioral management. Multiple residents with cognitive and behavioral health diagnoses, including schizophrenia and dementia, were involved in repeated altercations and aggressive incidents. One resident with schizophrenia exhibited ongoing aggressive and violent behaviors towards both staff and other residents, including physical assaults, threats, and property damage. Despite recommendations from psychiatric consultants and outreach programs for one-on-one supervision and behavioral tracking, there was no consistent documentation that these interventions were implemented or that the physician was notified of ongoing medication refusals. The resident continued to refuse medications and engaged in multiple aggressive episodes, some resulting in injuries to other residents and staff, without evidence of timely or adequate intervention by facility leadership. In addition to resident-to-resident aggression, the report documents substantiated incidents of staff-to-resident abuse. An LPN was witnessed pushing and yelling at a resident and using inappropriate language and physical force with another resident. These incidents were observed by other staff members, and the involved LPN continued to provide care after the initial incident before being suspended and ultimately terminated. The facility's documentation revealed delays in reporting and investigating these abuse allegations, and there was a lack of immediate protective measures for the affected residents. Interviews with staff indicated that some were unaware of required supervision protocols, and there was confusion regarding the implementation and discontinuation of one-on-one supervision for residents with behavioral issues. The facility did not provide evidence that all recommended safety measures, such as consistent one-on-one supervision, behavioral tracking, and timely notification of psychiatric and medical providers, were followed. There was also a lack of documentation regarding the rationale for discontinuing supervision and the communication of behavioral incidents to appropriate authorities. The failure to implement and document these interventions contributed to repeated episodes of aggression, injury, and abuse among residents and staff, in violation of facility policies and regulatory requirements.

Penalty

Fine: $66,043
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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 F0835 citations
Failure to Ensure Provider Notification of Abnormal Blood Glucose Levels
E
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

Facility leadership, including the NHA and DON, did not ensure that physicians or other advanced practice providers were notified when multiple residents’ capillary blood glucose (CBG) levels were outside the parameters ordered by their physicians. Despite job descriptions assigning the NHA overall operational responsibility and the DON overall clinical leadership and regulatory compliance responsibility, the facility failed to implement effective management to ensure timely provider notification of these changes in condition. During interviews, the NHA and DON acknowledged that administration had not effectively managed this process, resulting in an Immediate Jeopardy situation for numerous residents.

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 of Administrative Oversight Leads to Wrong-Resident Opioid Administration
E
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

Facility leadership failed to ensure effective systems and enforcement of policies for accurate resident identification during medication administration. The NHA and DON were responsible for developing, maintaining, and monitoring nursing and operational policies, including a medication administration policy requiring use of resident photos in the MAR and adherence to the five rights of medication administration. Despite this, multiple residents lacked photos in the EHR, and an agency RN relied only on calling out a resident’s name without verifying identity against the MAR photo or another reliable identifier. As a result, morphine sulfate and levothyroxine intended for one resident were given to another, who developed bradycardia and required ED transfer and naloxone administration. Surveyors cited this as Immediate Jeopardy due to the breakdown of medication administration safeguards.

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 of Administration to Ensure DON, RN Coverage, Scope Compliance, and Adequate Staffing
F
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

Administration failed to ensure a DON was employed, did not maintain required RN coverage, and did not provide sufficient staffing, despite being responsible for recruiting competent leadership and ensuring adequate licensed and non-licensed staff. After the last DON left, there was no RN on staff, including most weekends, and there was no documented evidence that DONs from sister facilities who were said to be helping were actually present. A CMA/MT had been assessing pain and administering PRN narcotic pain medications, which leadership confirmed was outside that role’s scope of practice. A resident reported long delays in call light response, another reported that staff left the halls during mealtimes, and an LPN stated residents needed more attention than staff could provide. These failures resulted in Immediate Jeopardy under nursing services and were cited under F727, F658, and F725.

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 CPR per Code Status and Wound Care Coverage in Absence of Treatment Nurse
L
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

The facility failed to ensure that a resident with a physician’s order for full code status received timely and continuous CPR when found unresponsive, as nursing staff did not accurately verify the resident’s code status and did not maintain resuscitation efforts until EMS arrival, and facility leadership did not initially recognize or investigate this as deficient practice or provide staff re-education on CPR and code status verification. In addition, when no Treatment Nurse was on duty, multiple residents with Stage III and Stage IV pressure ulcers did not receive ordered wound care because LPNs were not clearly informed they were responsible for performing wound treatments on their assigned residents, despite the expectation by the DON and RN Supervisor that floor nurses would assume this role.

Fine: $13,505
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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 Administration to Prevent Elopement of High-Risk Residents
E
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

Facility administration, including the NHA and DON, did not effectively manage operations to ensure compliance with elopement-prevention regulations and facility policies. Although their job descriptions required them to direct care and nursing services in accordance with local, state, and federal standards, they failed to implement and oversee measures to prevent residents identified as elopement risks from leaving the building unsupervised. As a result, a known elopement-risk resident exited the facility without supervision, creating an Immediate Jeopardy situation for multiple residents documented as elopement risks.

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 of Administrative Oversight for Physician-Ordered Consults and Diagnostic Tests
E
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

The Administrator failed to provide effective oversight of social services and referral processes, resulting in multiple physician-ordered consultations and diagnostic tests not being timely scheduled or properly documented in the EMR for several residents with dysphagia, neurologic conditions, and G-tubes. An LVN documented that social services was notified of orders for Modified Barium Swallow and Barium Swallow studies, but the Social Services Director (SSD) and assistant did not ensure appointments were scheduled or that refusals, barriers, or follow-up efforts were entered into the medical record, instead relying on paper folders and a temporary communication board that was not part of the permanent record. One resident with a history of stroke and dysphagia had ENT and MBS orders that were not fully acted upon or documented, another resident reportedly refused an MBS without any EMR note of the refusal, and another resident’s swallow study was delayed while the SSD attempted but did not document contact with the responsible party and hospital. The facility’s own policies required Social Services to coordinate referrals and document them in the medical record, and the Administrator, as the SSD’s direct supervisor, did not identify or correct these documentation and follow-through failures.

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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