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

Advance Directive and CPR Policy Implementation Failures

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

Summary

The facility administration did not use its resources effectively and efficiently to maintain residents’ highest practicable physical, mental, and psychosocial well-being because advance directive policies were not properly identified, communicated, and consistently implemented. The facility policy on Advance Directives/Advance Care Planning stated that clinical team members were responsible for reviewing advance directives, incorporating the resident’s wishes into treatment and care, and communicating those wishes to involved staff. During interview, the Social Worker stated they were at the facility on weekends, met with new admissions at that time, and reviewed advance directives including DNR orders, but only worked weekends. The Social Worker also stated they had spoken to administration about MOLST forms not being updated regularly, but had not discussed a plan to address DNR orders while they were not working. The facility also failed to ensure its CPR policy was implemented and that certified staff were present on every shift. The CPR policy stated that all licensed nursing personnel were required to be certified in CPR and possess a current certificate to perform CPR. During interview, the Administrator stated they believed there was a sign behind the bed for residents with DNR orders, knew that MOLST, advance directives, and DNR were a priority, and were unaware of the identifier used for advance directive/DNR status. The Administrator further stated that the DON needed to determine how staff would identify residents’ code status, and later stated they had only been at the facility a few months and were unaware the building did not have CPR-certified staff present during all shifts.

Penalty

Inspection fine: $126,470
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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
Leadership and Oversight Failures Affecting Resident Care
F
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

Facility leadership failed to oversee resident care and staff performance effectively. Staff reported a week-long shortage of insulin syringes, during which nurses borrowed insulin pens and vials from other residents and gave them to different residents, while one resident missed insulin and another had delayed blood sugar checks and insulin coverage. Interviews also described an LPN threatening a resident, delayed incontinence care, intimidation of staff who reported concerns, and other allegations of misconduct, while the DON and RN/ADON did not fully investigate several of the reported issues.

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 to Supervise and Respond Appropriately to Elopement
D
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

The NHA and DON failed to effectively manage the facility to implement sufficient monitoring and supervision to prevent an elopement. Facility records and job descriptions showed the NHA was responsible for maintaining effective systems and overseeing staff, care, supplies, and facilities, while the DON was responsible for nursing management, resident care standards, policy implementation, and supervision of the nursing department. The report states the facility failed to properly supervise a resident and failed to respond appropriately to the elopement.

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.
Administrator Living in Facility and Alleged Alcohol Use Not Addressed
F
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

Administrator Living in Facility and Alleged Alcohol Use Not Addressed: The facility failed to follow its drug-free workplace policy and failed to address repeated concerns that the Administrator was drinking alcohol, appeared intoxicated, and smoked in non-designated areas. Staff reported seeing alcohol in the Administrator’s office, smelling alcohol on his breath, and observing behavior they believed was impaired, while the DON and other leaders learned he was living in a room at the facility. The Area Admin did not investigate the allegations and stated he considered the Administrator exempt from policy during evenings and weekends because he lived at the facility.

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 Plan for Facility Closure and Resident Discharge
L
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

Failure to Plan for Facility Closure and Resident Discharge: The facility received an eviction notice but did not have a closure plan for the 30 residents. The ADM said he was out of money, had no specific plan, could not pay for a DON or RN supervisor, and was relying on agency staff while delinquent on supplies and pharmaceuticals. Residents were distressed about being moved, and the ADM had not notified residents or RPs about the eviction.

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 to Maintain Infection Control Program
F
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

The NHA and DON failed to maintain an infection prevention and control program designed to provide a safe, sanitary, and comfortable environment. The facility did not have working laundry equipment to ensure clean and sanitized linens and laundry, and this was identified as an Immediate Jeopardy for all 67 residents. The NHA and DON confirmed the failure during interview.

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 Supervise Resident Resulted in Elopement
D
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

A resident eloped from the facility after staff failed to ensure proper supervision, and the event was identified as an IJ for all residents at risk for elopement. The NHA and DON were found to have failed to effectively manage the facility and to fulfill their job duties related to overseeing operations and nursing services.

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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