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

Failure to Monitor Portable Oxygen Tanks

Waters Edge At Port Jefferson For Rehab And NrsgPort Jefferson, New York Survey Completed on 08-11-2025

Summary

The facility was cited for not being administered in a manner that enabled it to use its resources effectively and efficiently to maintain residents’ highest practicable well-being, based on failures to monitor residents receiving oxygen therapy. The facility’s Oxygen Administration policy, last reviewed in 01/2025, addressed assessment and documentation of oxygen therapy but did not provide guidance for monitoring or handling portable oxygen tanks to ensure residents were not left without supplemental oxygen. Resident #74 had diagnoses including COPD and respiratory failure, a BIMS score of 12 indicating moderately impaired cognition, and required assistance with personal hygiene, transfers, and dressing. The resident received oxygen therapy and had an order for supplemental oxygen at 2-4 liters per minute to maintain oxygen saturation above 90% every shift. On 07/25/2025, the resident was observed in a wheelchair with a nasal cannula connected to a portable oxygen tank, but the tank gauge was in the red area and the resident was having difficulty breathing, using accessory muscles, with pale color and gray lips. The resident told an LPN, “I need air,” and the LPN said the resident was having a panic attack and was exaggerating. The DON intervened, confirmed the tank was empty, obtained an oxygen saturation of 82%, and replaced the tank, after which the saturation increased to 94%. On 07/28/2025, the resident was again observed with a portable oxygen tank in the red area and no air flow through the tubing; a housekeeper replaced the tank after being told to do so by a recreational assistant. Resident #119 had diagnoses including CHF, COPD, and chronic respiratory failure with hypoxia, and had a BIMS score of 6 indicating severely impaired cognition. The resident was on oxygen at 2 liters per minute. On 08/08/2025, the resident was observed in the room holding the nasal cannula in hand while the oxygen tank was empty with the gauge at zero. A CNA changed the oxygen source from the tank to the oxygen concentrator and removed the tank from the room, while the DON stated CNAs were not allowed to change the oxygen source. The Administrator later stated that nonclinical staff should not be handling oxygen, and both the DON and Administrator stated the facility’s policy did not include how often to monitor a resident’s portable oxygen tank.

Penalty

Inspection fine: $153,911
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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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