Failure to Provide Behavioral Health Services and Substance Use Care Planning Resulting in Resident Overdoses
Penalty
Summary
The deficiency involves the facility’s failure to provide necessary behavioral health care and services, including assessment and care planning, for three residents with known substance use disorders, as required by facility policy and PASRR recommendations. The facility’s Illicit Drug and Alcohol policy and Behavioral Health Services policy required that residents with substance use disorders receive person-centered behavioral health assessments, care plans, and interventions, including care plans addressing illicit drug, marijuana, or alcohol use, increased monitoring when substance use was suspected, and access to substance abuse programming and supports. For Resident #3, the PASRR documented serious mental illness, polysubstance dependence, recent methamphetamine use, and recommendations for substance abuse programming such as community-based treatment, 12-step programs, and residential/intensive treatment. Despite this, the medical record contained no risk assessments related to substance use/abuse, no documentation of substance abuse programming or NA/AA resources, and no care plan problem, goal, or interventions addressing illicit substance use or the PASRR recommendations. The facility also failed to clearly define, document, and implement restrictions and monitoring measures it imposed on Resident #3 after repeated findings of drug paraphernalia. Progress notes documented that Resident #3 was found with illicit drug paraphernalia and was placed on a 30‑day restriction, later on supervised visitation and LOA restriction, and then on a 60‑day restriction with a 30‑day discharge notice. However, there was no documentation describing what these restrictions entailed, no clear staff instructions or education on how to implement them, and no assessment of the resident’s substance use needs or resources. The care plan referenced behavior problems with possession of illegal substances, restriction, re‑education on policy, and LOA restriction, but did not specify staff interventions for LOA or supervised visitation. Facility sign‑in/sign‑out sheets for multiple dates showed no records of visitor logs or resident sign‑outs, even though staff and administration stated that Resident #3 was supposed to have someone sign him/her out and show ID when leaving the building. For Residents #1 and #2, both had documented histories of substance use disorders and serious mental illness in their PASRRs, including alcohol dependence, cocaine dependence, polysubstance abuse, and a need for 24‑hour supervision and structured oversight to prevent relapse. Resident #1’s PASRR and admission information reflected alcohol dependence, chronic psychiatric conditions, and the need for around‑the‑clock nursing care, while Resident #2’s PASRR documented recent substance use, polysubstance abuse, and a requirement for continuous protective oversight. Despite these histories, neither resident had risk assessments related to substance use/abuse, and their care plans lacked any focus, goals, or interventions addressing alcohol or other substance dependence. There was also no documentation of NA/AA resources, education, or attendance for either resident. These failures in assessment, care planning, and implementation of behavioral health and substance use interventions preceded an incident in which Resident #3, who had a known history of polysubstance abuse and was on restriction, obtained fentanyl and used it in his/her room. According to the facility’s Suspected Abuse Investigation and nursing notes, on the evening in question Resident #3 was actively using a substance in his/her room when Residents #1 and #2 entered. Resident #3 told them to take a hit of the illicit substance, Resident #2 held the foil, and both Residents #1 and #2 used the substance and then became unconscious. Resident #3 later went to the nurses’ station requesting Narcan, and staff found one resident unresponsive in a wheelchair and the other unresponsive on the floor, both with pulses but not responding. LPNs administered Narcan to both residents, who responded after second doses, and EMS transported them to the hospital. Hospital records for Resident #1 documented an admission for overdose, with a history that he/she had been smoking fentanyl with another resident, accidentally overdosed, and was found unresponsive, and that he/she had never used fentanyl before but wanted to experience the high. Hospital records for Resident #2 documented an admission for pulmonary edema and drug overdose, with a history of polysubstance abuse and current use of liquor, cocaine, methamphetamines, and fentanyl, and that he/she reported planning to smoke methamphetamines with a friend but instead was given fentanyl and overdosed. Interviews with Residents #1 and #2 confirmed that they smoked what they believed to be methamphetamine with Resident #3, later learned it was fentanyl, and lost consciousness. Interviews with staff and residents also confirmed that Resident #3 had been on restriction due to prior paraphernalia findings, that staff did not search residents on return from LOA, that sign‑out procedures were not consistently documented, and that there was no special monitoring beyond the expectation that someone sign the resident out, which was not reflected in the facility’s sign‑in/sign‑out records.
