F0604 F604: Ensure that each resident is free from the use of physical restraints, unless needed for medical treatment.
G

Resident Restrained and Left Unclothed in Dining Room

The New Jewish Home, ManhattanNew York, New York Survey Completed on 11-08-2024

Summary

A deficiency occurred when a resident with advanced dementia, severe cognitive impairment, and a history of restlessness and agitation was subjected to physical restraint and left unclothed in an unlit dining room for over two hours. Surveillance footage showed a Certified Nursing Assistant (CNA) bringing the resident, who was naked, into the dining room, restraining their hands, and using three dining tables to pin the resident's wheelchair against the wall, restricting movement. The resident was observed struggling to move the tables but was unable to do so, and remained in this position from 3:16 AM to 5:37 AM. During this period, a Licensed Practical Nurse (LPN) entered the dining room, offered the resident a drink, and later took multiple pictures of the resident using a personal cell phone. The LPN did not immediately remove the restraint or clothe the resident, despite observing the situation. The LPN later documented the incident in a nursing progress note but did not mention the use of restraint. The facility's policy states that restraints are only to be used for medical symptoms and after alternatives have failed, with the least restrictive device utilized, but there was no documentation of such justification or alternatives attempted in this case. Interviews with staff revealed that the CNA routinely placed the resident in this position nightly, often without clothing, and that the nursing supervisor was unaware of the incident. The Director of Nursing and Administrator became aware of the situation after an anonymous call and subsequent review of surveillance footage. Medical evaluation after the incident noted a small ecchymosis on the resident's wrist, but the resident, due to dementia, did not recall the event and denied pain.

Penalty

Inspection fine: $71,858
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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 F0604 citations
Body pillows used as restraints
D
F0604 F604: Ensure that each resident is free from the use of physical restraints, unless needed for medical treatment.
Short Summary

Body pillows were used as restraints for three residents with significant cognitive and mobility impairments. Staff placed body pillows under sheets or tightly against the bed to keep residents in bed or prevent them from removing the pillows, and an NA stated this was done so a resident would not try to get out of or roll out of bed. The LPN and DON stated that placing body pillows this way made them a restraint.

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 Assess Mattress Bolster as a Possible Restraint
D
F0604 F604: Ensure that each resident is free from the use of physical restraints, unless needed for medical treatment.
Short Summary

Failure to assess whether a mattress bolster was a restraint for a resident with dementia, anemia, and HTN. The resident’s care plan included bolsters to bed for fall risk, and staff observed the resident in bed with bilateral raised mattress edges, but the record had no assessments or ongoing evaluations of bolster use. A UM confirmed the facility did not assess the resident’s functional status to determine whether the bolster was a restraint.

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.
Improper Use of Roll Bolster as a Physical Restraint
D
F0604 F604: Ensure that each resident is free from the use of physical restraints, unless needed for medical treatment.
Short Summary

Improper Use of Roll Bolster as a Physical Restraint: A resident with dementia and severe cognitive impairment was observed with a Roll Bolster secured along the side of the bed, limiting the ability to sit up, stand, or get out of bed independently. Staff stated it was being used to prevent the resident from rolling over and exiting the bed, but there was no physician order, no documented use of alternative measures, no informed consent from the responsible party, and no care plan for the device. The facility policy identified such a device as a physical restraint when it restricts movement.

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 Reduce and Release Wheelchair Lap Belt
D
F0604 F604: Ensure that each resident is free from the use of physical restraints, unless needed for medical treatment.
Short Summary

A resident with epilepsy and profound intellectual disabilities remained in a padded wheelchair with a lap belt and helmet, but staff did not release the belt during supervised care and meals. The DON stated the belt should be released when supervised and at least every two hours, yet the restraint reduction assessment was copied from an older date and staff said they had not tried to reduce the restraint because the resident’s epilepsy had not changed.

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 Complete Quarterly Restraint Reassessments
D
F0604 F604: Ensure that each resident is free from the use of physical restraints, unless needed for medical treatment.
Short Summary

Failure to Complete Quarterly Restraint Reassessments: A resident with quadriplegia, muscle weakness, and impaired mobility used a wheelchair seat belt and lap tray, and observations showed both devices in place while the resident was in a power wheelchair. Although the care plan addressed the seat belt and noted the resident could independently lock and release it, the EMR showed the last restraint quarterly assessment was completed months earlier, with no later reassessment documented. RN and DON interviews confirmed the quarterly reassessment was expected but had not been completed.

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.
Physical restraint used during behavioral episode
D
F0604 F604: Ensure that each resident is free from the use of physical restraints, unless needed for medical treatment.
Short Summary

A resident with intact cognition and behavioral symptoms including paranoia, hallucinations, and attempts to leave the building became highly agitated, pulled fire alarms, entered other residents’ rooms, and handled a fire extinguisher. Video and staff statements showed an LPN/CNA physically held the resident by the wrist, waist, and back while escorting the resident to the room, despite no order authorizing restraint and the resident not consenting to the contact.

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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