F0838 F838: Conduct and document a facility-wide assessment to determine what resources are necessary to care for residents competently during both day-to-day operations (including nights and weekends) and emergencies.
L

Failure to Maintain Adequate Staffing Assessment and Contingency Plan During Influenza Outbreak

Sunplex Sub-acute CenterOcean Springs, Mississippi Survey Completed on 10-28-2025

Summary

The facility failed to ensure its facility-wide assessment contained the required details regarding staffing needs by shift and by unit, and did not maintain an actionable contingency plan for staffing emergencies. The assessment only included hours per resident day (HPRD) rather than specifying the number of licensed nurses and CNAs needed per shift and per unit. During an influenza outbreak, the facility did not update the assessment or contingency plan to address the increased risk and staffing needs, and administrative staff were used to assist with care when a nurse called in sick, but no agency staff were used and no formal process was in place to secure additional coverage. On the night in question, only one nurse was responsible for 58 residents from midnight until 7 AM, resulting in missed medications and inadequate monitoring for residents on one unit. The administrator and DON were aware of the staffing shortage and attempted to contact other nurses, including those at sister facilities, but were unable to secure additional coverage. The administrator assisted at the nursing station, but the facility's contingency plan did not provide clear procedures for securing coverage during emergencies or staff call-offs, and no updates were made to the plan following the incident. The facility did not identify the influenza outbreak when three residents tested positive, did not initiate droplet precautions, notify the health department, provide timely antiviral treatment, or maintain outbreak surveillance and staff illness tracking. The facility also failed to use its QAPI program to identify and correct system failures in infection control and staffing during the outbreak. These failures resulted in the facility being unprepared for staff absences during the influenza outbreak, placing all residents at risk for serious illness, harm, impairment, or death.

Removal Plan

  • The Administrator held an emergency Quality Assurance and Performance Improvement (QAPI) meeting with the Medical Director, Director of Nursing, Infection Preventionist, Medical Records nurse, Life Connections Coordinator, Wound Care nurse, and others as part of the Interdisciplinary team to discuss findings from the State Agency, discuss immediate actions, and further interventions. Immediate actions were decided as in-servicing all staff on Abuse and Neglect, in-servicing nurses on medication administration and medication errors, in-servicing all staff on flu outbreak and isolation precautions. The Administrator would review policy for QAPI for any changes needed and as re-education in policy.
  • The Administrator would review and update facility assessment to identify updated needs to staff per unit and the contingency plan for emergencies.
  • Administrative nurses would complete a 100 percent audit on all medication carts compared to medication orders to ensure all medications were accessible in the building.
  • The Infection Preventionist would be in-serviced on the roles and responsibilities of an Infection Preventionist.
  • Policies on Abuse and Neglect, medication administration, medication errors, QAPI, flu outbreak, isolation precautions, and the expectations of the Infection Preventionist were all reviewed and updated. Staff were in-serviced with new policies.
  • The Administrator notified Medical Director of missed medications during QAPI meeting. All missed medications were reviewed with Medical Director during this meeting. No new orders were given. No adverse reactions were noted due to missed medications.
  • The Director of Nursing began an in-service for all staff on the policies and procedures of Abuse and Neglect. No employee was permitted to return to work until they completed the in-service.
  • The Director of Nursing began an in-service on medication administration and medication errors to educate all nursing staff. This in-service included procedures for when medication cannot be located anywhere in the facility. If medication is not available, staff should contact pharmacy and pull medication from emergency kit. Any missed medications are to be reported to the Director of Nursing and Medical Director immediately, an incident report is to be completed, the resident observed for any adverse reactions, and the family/resident representative is to be notified. Any tasks left undone are to be reported to relief during report for oncoming shift. No employee was permitted to return to work until they completed the in-service.
  • Administrator and Director of Nursing reviewed Flu outbreak and Isolation precautions policy and procedures. The Director of Nursing began an in-service for flu outbreak and isolation precautions to educate all staff. All staff are to continue to monitor residents and staff for flu-like symptoms and report any findings to the immediate supervisor. No employee was permitted to return to work until they completed the in-service.
  • The Administrator reviewed policy on QAPI plan and policy for re-education purposes and to review new policy. The QAPI plan and policy was reviewed with the facility's Interdisciplinary Team including the Administrator, Medical Director, Director of Nursing, Infection Preventionist, Medical Records nurse, Life Connections Coordinator, Wound Care nurse and others in a follow up QAPI meeting.
  • The facility Administrator began reviewing and updating the facility assessment to reflect correct staffing and supervision by shift and by unit related to the facility's acuity level. The Facility Administrator began updating the contingency plan for staffing emergencies within the facility assessment. The contingency plan will be initiated and is as follows: Facility will utilize On-call for staffing needs and call ins. On-call will notify Director of Nursing if not able to cover. Facility will utilize Consultants and/or transfer staff from other nursing facilities within partnership to assist and cover staffing needs. The new facility assessment was reviewed with the interdisciplinary team during follow up QAPI.
  • The Infection Preventionist (IP) was included in an in-service held by the Director of Nursing for policy and procedures of outbreak surveillance and staff-illness tracking during an outbreak to be completed before beginning of their next shift. Due to this outbreak being finished, IP nurse was instructed to continue to monitor residents and staff for flu-like symptoms and to report to Director of Nursing any findings.
  • The Director of Nursing, Medical Records nurse, and Wound Care nurse completed a 100 percent audit to compare the current medication orders to the medication on the carts and in medication rooms to verify all medications ordered were readily available in the facility. No negative findings during audit.
  • The Administrator notified the Mississippi Department of Health of the flu outbreak.
  • The Administrator held a follow-up QAPI meeting to discuss all immediate actions that were in place. All in-services and audits were completed. All staff would continue to monitor any residents or staff for flu-like symptoms, staffing would be reviewed daily to ensure all areas were covered according to the facility assessment, and daily reviews of missed medications would be reviewed each morning in clinical meeting.

Penalty

Inspection fine: $118,303
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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 F0838 citations
Failure to Update Facility Assessment Annually
C
F0838 F838: Conduct and document a facility-wide assessment to determine what resources are necessary to care for residents competently during both day-to-day operations (including nights and weekends) and emergencies.
Short Summary

Failure to Update Facility Assessment Annually: The facility failed to conduct and document an annual facility-wide assessment to determine resources needed to care for residents competently. Record review showed the Facility Assessment had not been updated since January 2025. The AIT and Interim ADM both stated they had not reviewed the assessment after assuming their roles and acknowledged it should be reviewed and updated annually or when significant changes 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.
Facility Assessment Missing Staffing and Resource Details
E
F0838 F838: Conduct and document a facility-wide assessment to determine what resources are necessary to care for residents competently during both day-to-day operations (including nights and weekends) and emergencies.
Short Summary

Facility Assessment Missing Staffing and Resource Details: The facility failed to complete a Facility Assessment with the required details on staffing decisions, specific staffing needs by unit and shift, staff competencies, and a plan to maximize recruitment and retention of direct care staff. The assessment also lacked evidence of the resources needed for competent resident care during routine operations and emergencies. The ADMN stated she used the prior administrator’s assessment as a template and was unaware these items needed to be included; the facility also had no policy for the Facility Assessment.

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.
Facility Assessment Not Updated for Lack of RT Contract
D
F0838 F838: Conduct and document a facility-wide assessment to determine what resources are necessary to care for residents competently during both day-to-day operations (including nights and weekends) and emergencies.
Short Summary

Facility Assessment Not Updated for Lack of RT Contract: The facility failed to update its Facility Assessment after it no longer had an active RT contract. The assessment still listed RT as a needed resource, while the Admin confirmed there was no contracted RT company in place and acknowledged the assessment should be updated annually and as needed.

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 Facility Assessment With Blank Nurse Staffing Section
D
F0838 F838: Conduct and document a facility-wide assessment to determine what resources are necessary to care for residents competently during both day-to-day operations (including nights and weekends) and emergencies.
Short Summary

Incomplete Facility Assessment With Blank Nurse Staffing Section: The facility failed to complete and document a facility-wide assessment used to staff the facility, leaving the nurse staffing section blank. The Administrator stated she had not updated the assessment based on census, and the RCN stated residents were at risk of not receiving timely care. The facility also stated it did not have a facility assessment policy it followed.

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.
Facility Assessment Not Updated to Reflect Staffing Needs
C
F0838 F838: Conduct and document a facility-wide assessment to determine what resources are necessary to care for residents competently during both day-to-day operations (including nights and weekends) and emergencies.
Short Summary

The facility failed to complete and document a comprehensive facility-wide assessment for resident care needs during routine operations and emergencies. The 2025 Facility Assessment was signed by former leadership, referenced a missing Staffing and Personnel Worksheet, listed prior admin and DON staff, and contained multiple sections stating no records were found. The facility also could not provide evidence of a plan to maximize recruitment and retention of direct care staff, and the DON acknowledged the assessment did not accurately reflect staffing patterns.

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.
Facility Assessment Not Reviewed Annually
F
F0838 F838: Conduct and document a facility-wide assessment to determine what resources are necessary to care for residents competently during both day-to-day operations (including nights and weekends) and emergencies.
Short Summary

Facility Assessment Not Reviewed Annually: The facility failed to review and update its Facility Assessment annually. The ADON confirmed the assessment had not been updated or reviewed since 2023, despite 77 residents in the facility, and stated there was no policy on Facility Assessment. The Administrator was unavailable for interview initially and later said he thought the assessment had been reviewed last year.

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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