F0578 F578: Honor the resident's right to request, refuse, and/or discontinue treatment, to participate in or refuse to participate in experimental research, and to formulate an advance directive.
L

Inconsistent DNR Documentation and Communication

Tolstoy Foundation Rehabilitation And Nrsg CenterValley Cottage, New York Survey Completed on 09-02-2025

Summary

The facility failed to establish consistent mechanisms for documenting and communicating residents’ advance directive choices, specifically Do Not Resuscitate status, to staff responsible for resident care. During the recertification and extended survey, surveyors found that staff could not appropriately identify DNR orders for 6 of 26 residents with advance directives. The deficiency was cited as Immediate Jeopardy, and the report states the failure created the likelihood of serious adverse outcome to all 64 residents in the facility. Resident #64 was admitted with diagnoses including COVID-19, dementia, and repeated falls. The hospital paperwork included a DNR directive signed on 08/19/2025, but the admitting physician orders on 08/20/2025 did not document code status, and there were no advance directives on the EMR banner when reviewed on 08/22/2025. A DNR/DNI physician order was not entered until later that day. During observation, the resident had no identification wristband, and staff interviews showed inconsistent understanding of how code status was identified. The RN supervisor who completed the admission stated they reviewed hospital referral information, did not see code information, did not enter a code order, and did not attempt to contact the responsible party or discuss advance directives with the resident. Resident #67 was admitted with diagnoses including toxic metabolic encephalopathy, CHF, and dementia. Admission orders did not document code status, and nursing admission notes contained no evidence of code status discussion. A DNR physician order was entered the next day, and a MOLST form was completed several days later with instructions including DNR, comfort measures only, do not intubate, no feeding tube, and limits on IV fluids and antibiotics. The RN supervisor stated the resident arrived with a designated representative who said they had a MOLST and would bring it in, and that the family wanted to discuss DNR with the physician; the RN supervisor also stated CPR would be performed if arrest occurred before a DNR order was entered. The resident’s representative stated the resident had a DNR at the hospital and expected it to continue at the nursing facility. For Residents #9, #16, #28, and #36, surveyors observed black-font door labels and black-font identification wristbands while the EMR contained DNR orders. Staff interviews showed conflicting understanding of how code status was communicated, including expectations that DNR residents would have red-font labels and wristbands, while others stated they relied on the EMR banner or a MOLST book. The DON stated a MOLST form would be obtained and a DNR order placed on admission, with the code status noted on the EMR banner and a care plan created by Social Work, but the Social Worker stated DNR status needed to be addressed within 48 hours and could be missed if a resident was admitted when the Social Worker was not working. The Social Worker also stated they had not been oriented or in-serviced on DNR since starting, and the Social Work Consultant Supervisor stated the admission nurse, ADON, and DON were responsible for getting DNR orders in place and updating the record when Social Work was unavailable.

Penalty

Inspection fine: $126,926
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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 F0578 citations
Advance Directive Not Maintained in Resident Record
D
F0578 F578: Honor the resident's right to request, refuse, and/or discontinue treatment, to participate in or refuse to participate in experimental research, and to formulate an advance directive.
Short Summary

Advance Directive Not Maintained in Resident Record: A resident with dementia, muscle weakness, and protein-calorie malnutrition had documentation indicating an advance directive was in the chart, but record review did not locate a living will or DPOA for health care. The CNO confirmed the record did not include an advance directive and the facility did not have a living will on file.

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.
Incomplete Advance Directive Documentation
D
F0578 F578: Honor the resident's right to request, refuse, and/or discontinue treatment, to participate in or refuse to participate in experimental research, and to formulate an advance directive.
Short Summary

Incomplete Advance Directive Documentation: The facility failed to keep complete and accurate advance directive records for two residents. One resident's chart contained a representative-signed acknowledgement that did not specify the type of advance directive, and another resident's record had no signed acknowledgement showing that advance directives were discussed. The SSD stated she was responsible for the documentation and that one form was filled out incorrectly while the other resident's paperwork could not be found.

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.
Delayed Response to Changes in Condition and Family Requests for Hospital Evaluation
D
F0578 F578: Honor the resident's right to request, refuse, and/or discontinue treatment, to participate in or refuse to participate in experimental research, and to formulate an advance directive.
Short Summary

The facility failed to timely respond to changes in condition for two residents, including one with severe cognitive impairment and another with dementia, CHF, diabetes, and a history of UTIs. Family members and DPOAs reported concerns about confusion, agitation, pain, SOB, and other worsening symptoms, but hospital evaluation was delayed while staff waited for physician input. Both residents were later admitted to the hospital with serious infections and other acute conditions, including sepsis, pneumonia, and respiratory failure.

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.
Physician Orders Did Not Match POLST Code Status
E
F0578 F578: Honor the resident's right to request, refuse, and/or discontinue treatment, to participate in or refuse to participate in experimental research, and to formulate an advance directive.
Short Summary

A facility failed to ensure that active physician orders matched residents’ POLST code status for three residents. One resident with COPD, A-Fib, and anxiety had a POLST indicating DNR but no active code status order; another resident with dementia, hypothyroidism, and HTN had a POLST indicating DNR but a physician order for CPR; and a third resident with COPD, respiratory failure, and diabetes had a POLST indicating DNR but no active code status order. The DON confirmed the records were inconsistent and that physician orders and POLST should match.

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.
Advance Directive Not Available in Resident Record
D
F0578 F578: Honor the resident's right to request, refuse, and/or discontinue treatment, to participate in or refuse to participate in experimental research, and to formulate an advance directive.
Short Summary

A resident with dementia with agitation, stroke, and PE had an advanced directive noted in a care conference review, but the document could not be found in the medical record. Staff later confirmed the resident did not have an advance directive on file.

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 Offer Advance Directive Opportunity
D
F0578 F578: Honor the resident's right to request, refuse, and/or discontinue treatment, to participate in or refuse to participate in experimental research, and to formulate an advance directive.
Short Summary

Failure to offer a resident the opportunity to create an advance directive. Record review showed the resident had no advance directive on file, and the SS Director stated there was no documentation that education was provided or that any attempts were made to obtain one. The resident had HTN, CKD, and mild cognitive impairment.

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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