F0826 F826: Provide specialized rehabilitative services by qualified personnel, when ordered for a resident by a doctor.
D

Failure to Provide Physician-Ordered Occupational Therapy Services

Westwood Post AcuteSan Jose, California Survey Completed on 08-19-2025

Summary

The facility failed to provide occupational therapy (OT) services as ordered by a physician for one resident. The physician's order specified that the resident should receive skilled OT five times per week for eight weeks, including specific therapy modalities. However, therapy records and interviews revealed that the resident received OT only three or four times per week on several occasions, with multiple therapy sessions missing and no documented reasons for the absences. The Director of Rehab and the Assistant Director of Rehab both confirmed that the resident did not consistently receive therapy according to the physician's order. The resident, who was admitted with a diagnosis of muscle weakness and was cognitively intact, reported that therapy sessions were skipped due to insufficient therapy staff. The resident expressed that therapy was beneficial for self-care and that he needed more therapy, but sessions were reduced due to staffing shortages. Facility policy required therapy services to be scheduled in accordance with the resident's treatment plan, but this was not followed in the resident's case.

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

Below are regulatory guidelines relevant to this citation:

See other F0826 citations
Unlicensed Respiratory Therapist Allowed to Provide Care
E
F0826 F826: Provide specialized rehabilitative services by qualified personnel, when ordered for a resident by a doctor.
Short Summary

The facility allowed a respiratory therapist to provide respiratory care without verifying state licensure, despite a job description and a license verification policy requiring a valid, unrestricted state license. Human Resources hired the therapist and did not complete or document required license verification with the state regulatory agency, later confirming the therapist never held a state license during employment. This failure resulted in an unlicensed individual delivering respiratory services to residents and was cited as a deficiency.

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 Provide Ordered Physical Therapy Services as Prescribed
D
F0826 F826: Provide specialized rehabilitative services by qualified personnel, when ordered for a resident by a doctor.
Short Summary

A resident with bilateral knee osteoarthritis and intact cognition reported receiving only a few PT sessions over more than a month despite a physician order and PT plan of care for 2–3 sessions per week. The resident stated that a therapist came once and did not return that week and that staff told her she was not on the therapy schedule when she asked to get up for therapy. Record review confirmed only three PT encounters during the ordered treatment period, while the Therapy Director acknowledged that the ordered PT frequency was not met, contrary to the facility’s policy requiring therapists to follow physician-approved plans of care and ordered frequency and duration.

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.
Unlicensed Respiratory Therapist Provided Tracheostomy Care
E
F0826 F826: Provide specialized rehabilitative services by qualified personnel, when ordered for a resident by a doctor.
Short Summary

A respiratory therapist with an expired and non-renewed license continued to work in a respiratory therapist capacity, monitoring and providing care for an average of 14 residents with tracheostomies. The facility lacked a credentialing policy for respiratory therapists, and responsibility for tracking licenses had been assigned to a former HR manager. The NHA was unaware of the license lapse until shortly before the survey, while the SDD reported using tracking tools but confirmed that the departed HR manager had been responsible for monitoring this therapist’s license status.

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 Provide Ordered Rehabilitative Services
D
F0826 F826: Provide specialized rehabilitative services by qualified personnel, when ordered for a resident by a doctor.
Short Summary

A resident with multiple sclerosis was admitted with physician orders for PT and OT, but review of the clinical record showed no documentation that these therapies were ever provided. The resident reported not receiving any therapy since admission, and the Director of Rehabilitation confirmed that no therapy services had been delivered during this period despite active orders, resulting in a failure to provide ordered rehabilitative services.

Inspection fine: $85,550
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.
Therapy Did Not Follow Physician ROM Restrictions
D
F0826 F826: Provide specialized rehabilitative services by qualified personnel, when ordered for a resident by a doctor.
Short Summary

Therapy services did not follow a physician order for a resident with a left femur fracture who was ordered NWB and no ROM to the left distal femur. PT was provided to both lower extremities, including stretches and active/passive ROM to the left leg, and the TD confirmed no new order had been received and that the therapy documentation showed movement performed despite the restriction.

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.
Tracheostomy Care Not Performed Per Order and Policy
D
F0826 F826: Provide specialized rehabilitative services by qualified personnel, when ordered for a resident by a doctor.
Short Summary

A RT failed to perform trach care per physician orders and facility policy for a resident with trach and ventilator dependence. During observed care, the RT changed gloves multiple times without HH between changes, attempted double gloving, used NS instead of ordered H2O2 to clean the stoma, and inserted the sterile inner cannula before cleaning the stoma area. The RTM and DON stated the care did not follow the ordered procedure or infection control expectations.

Inspection fine: $54,050
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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