Failure to Implement and Maintain Safe Smoking Policy and Area
Summary
The facility failed to implement and effectively maintain a smoking policy in accordance with Federal, State, and local laws and regulations, resulting in unsafe smoking practices for resident smokers, non-smokers, and staff. The written smoking policy prohibited residents from smoking cigarettes, marijuana, tobacco products, e-cigarettes, and vaping devices anywhere on the premises and required residents admitted after 04/18/2024 to smoke off premises under direct supervision of a non-staff responsible party, with all smoking supplies stored off premises. The policy stated that staff would assess smokers for smoking safety, handling of smoking materials, and use of mobility devices outside, and that residents would sign out to smoke and sign back in upon return, with a section for residents to acknowledge and comply with the policy. However, the policy did not define where the premises ended, did not identify a designated smoking area, did not define smoking safety, and did not address rules for residents admitted prior to 04/18/2024. Surveyor observation showed that the designated smoking area used by residents was in the back of the parking garage, where the ground was littered with hundreds of cigarette butts. A fire extinguisher was found lying on the ground in the gravel, and a fire blanket and a second fire extinguisher were mounted on the wall but blocked by two large trash cans, a chair, and a bed frame, making them inaccessible. A maintenance assistant confirmed that certain residents were allowed to smoke in this area, acknowledged the large number of cigarette butts, and identified the fire extinguisher on the ground as unsafe. The administrator and DON reported that 17 residents were known smokers, that residents signed a non-smoking policy on admission, and that three residents were grandfathered under a prior policy allowing them to smoke in the parking garage while other residents were required to go off property to smoke. The DON stated that active smokers were assessed as independent, with assessments and smoking-focused care plans in their records, and that smoking supplies were kept on the med cart and checked out by residents who then signed out to smoke. When asked if the policy was being followed, the administrator stated the policy was unclear and not followed by residents or staff, and the DON stated there was a breakdown in the system of residents smoking. An interim administrator later stated that the facility did not implement or maintain a smoking policy that supported resident rights and safety.
Penalty
Resources
Below are regulatory guidelines relevant to this citation:
Failure to Follow Smoking Policy: Two residents who were cognitively intact were involved in smoking-related policy failures. One resident with a history including kidney transplant aftercare, muscle weakness, and HTN was observed holding a cigarette and a match in the hallway and stated she was allowed to keep them and smoke outside alone, while another resident with type 2 DM stated he smoked without supervision and shared cigarettes with another resident. The ADON stated the facility was not aware one resident was a smoker, did not have a baseline care plan on admission, and did not follow the policy prohibiting matches and sharing smoking items.
Failure to maintain resident smoking materials: A resident was observed carrying a lighter and cigarettes in his vest pocket instead of having them kept in the designated smoking box. The resident said he kept the items on his person because residents and staff took cigarettes and lighters from the box. A housekeeper reported frequent issues with items being taken from the box, and the DON stated staff were expected to follow the smoking policy and keep residents' smoking materials in the designated smoking box.
Unsecured Smoking Materials: A resident who smoked daily and was cognitively intact kept cigarettes and a lighter in an unlocked drawer and an unsecured cabinet, despite facility policy requiring smoking safety protections. The resident reported leaving the room door open at times and said a confused resident had entered the room on several occasions and rummaged through his belongings. The DON confirmed the resident was considered an independent smoker, but the smoking paraphernalia was not secured.
The facility failed to ensure its smoking policy addressed safe smoking areas for independent smokers. Two residents with COPD and other diagnoses were told they could go off property and smoke across the street outside designated smoking times, even though the written policy only allowed smoking in designated areas outside the building and did not mention LOA or off-property smoking. Surveyors observed the area across the road had no sidewalk or crosswalk and was a narrow roadway with nearby buildings and vehicles.
Failure to complete quarterly smoking evaluation for a dependent smoker. A resident with dementia was identified as needing direct supervision to smoke, but the record showed no updated smoking evaluation after the initial assessment. Staff stated smoking assessments were to be completed on admission and quarterly, and an observation found the resident smoking with difficulty holding the cigarette.
A resident with mild cognitive impairment and tobacco use had cigarette packs on his bedside table despite a care plan requiring supervised smoking, designated smoking times and areas, and storage of all smoking supplies in a locked box at the nurse’s station. The resident said he usually kept his cigarettes on the table and got them from the store when he went out. Staff, including the ADON, CNA, RN, and DON, stated that residents were not allowed to keep cigarettes or lighters in their rooms and that smoking materials were to be secured and used only during supervised smoke times.
Failure to Follow Smoking Policy
Penalty
Summary
The facility failed to follow its Smoking Policy for two residents who were identified as smokers. Resident 1’s face sheet showed admission with diagnoses including orthopedic aftercare following kidney transplant, muscle weakness, and hypertension, and the MDS indicated intact cognitive skills for daily decisions. During a concurrent observation and interview, Resident 1 was seen in the hallway in a wheelchair holding a cigarette and a match, and stated the facility allowed her to keep cigarettes and a match with her and to go outside to smoke by herself at any time. Resident 1 also stated she was not informed of the facility’s smoking policy upon admission. Resident 2’s face sheet showed admission with type 2 DM, and the MDS indicated cognition was intact and that the resident needed set-up or clean-up assistance with several ADLs. During interview, Resident 2 stated he smoked without supervision and shared cigarettes with another resident who also smoked. The ADON stated the facility failed to have a baseline care plan upon Resident 1’s admission, was not aware Resident 1 was a smoker, did not follow the policy prohibiting residents from having matches, and did not follow the policy against residents sharing smoking items with other residents. The facility’s Smoking Policy stated residents are informed of the smoking policy and designated smoking areas prior to and upon admission, smoking status is evaluated upon admission, and all forms of lighters, including matches, are prohibited.
Failure to Maintain Resident Smoking Materials
Penalty
Summary
The facility failed to implement its smoking policies and procedures to ensure residents' smoking materials were maintained by nursing staff for 1 of 3 residents reviewed for smoking safety. During observation, Resident #74 was seen carrying a lighter and cigarettes in his vest pocket and then removed the items from his pocket. In interview, the resident stated he kept the items on his person because residents and staff took cigarettes and lighters from the designated smoking box. A housekeeper stated residents were expected to place their cigarettes and lighters in the designated smoking box after smoking, but there had been frequent issues with cigarettes and lighters being taken from the box, resulting in residents keeping the items on their person. The DON stated her expectation was that staff would follow the facility's smoking policy by maintaining residents' smoking materials in the designated smoking box. The facility policy stated that all smoking and smokeless tobacco materials of residents who use them would be maintained by nursing staff.
Unsecured Smoking Materials
Penalty
Summary
The facility failed to assure that smoking paraphernalia was properly secured for one resident who smoked daily. The resident had a history of tobacco use and was assessed as cognitively intact on the quarterly MDS, with a BIMS score of 15. Facility policy stated that smoking was only allowed in designated outdoor smoking areas and that safety protections applied to smoking and non-smoking residents. The DON stated that one alert and oriented resident was considered an independent smoker and could maintain control of smoking paraphernalia if it was safely maintained and safeguarded from unsafe use. Observation and interview showed that the resident kept cigarettes in an unlocked drawer in the room with a cigarette lighter, and an unlocked cabinet contained two packs of cigarettes and a butane lighter that were unsecured. The resident stated that he did not always close his bedroom door when leaving and did not always take his cigarettes or lighter with him. He reported that a confused resident had entered his room on several occasions when the door was open and had rummaged through the room and removed food items without supervision or permission. The DON later stated the facility had re-educated the resident on safe smoking practices, and the concern was identified only after surveyor notification.
Smoking Policy Did Not Address Off-Property Smoking for Independent Smokers
Penalty
Summary
The facility failed to ensure its smoking policy included information about safe smoking areas for independent smokers. The smoking policy stated that smoking was only permitted in designated resident smoking areas outside the building, but it did not address the facility practice of allowing independent smokers to go off the property to smoke outside designated smoking times. The Administrator confirmed that residents deemed safe to smoke independently were told to smoke off the property if they wanted to smoke outside the designated times, and that this practice was not included in the written policy. Resident #8 had diagnoses including above the knee amputation of the right leg, COPD, and mantle cell lymphoma, and the admission MDS showed moderately impaired cognition and use of tobacco. Resident #53 had diagnoses including COPD, depression, and right-sided sciatica, and the quarterly MDS showed intact cognition and independence with eating. The facility identified seven residents as independent smokers, including these two residents. Surveyors observed the area across the road from the facility and noted there was no sidewalk, no crosswalk, and a narrow road with buildings and vehicles nearby. Both residents stated they had been told to go across the street to smoke outside designated smoking times, and Resident #53 stated this was not safe. The Administrator, DON, and RQAN confirmed that residents could go off property to smoke via LOA and that this practice had always been in place, but it was not written in the smoking policy.
Failure to Complete Quarterly Smoking Evaluation
Penalty
Summary
The facility failed to follow its smoking policy for Resident #40 by not ensuring a safe smoking evaluation was completed quarterly. Resident #40 was admitted with a diagnosis of dementia and was identified in the care plan as a smoker at risk for injury who required direct supervision to smoke. The care plan also directed staff to perform smoking assessments according to facility policy. A Smoking Evaluation dated 03/09/2026 identified the resident as a dependent smoker who required assistance and supervision to smoke, but the record review found no updated Smoking Evaluation after that date. During observation on 07/06/2026 at 1:45 p.m., Resident #40 was seen smoking and had difficulty holding the cigarette in his hand. In interviews, staff stated smoking assessments were to be completed on admission, with change of condition, and quarterly, and that Resident #40 should have had a safe smoking assessment at least quarterly. The smoking policy dated 7/14/2024 stated the facility must evaluate patients who smoke using the Smoking Evaluation/Smokeless Tobacco Tool upon admission, quarterly, when a non-smoking patient takes up smoking or smokeless tobacco, and if unsafe smoking practices are observed.
Smoking Materials Kept in Resident Room
Penalty
Summary
The facility failed to implement its smoking policy for one resident who was reviewed for smoking compliance. The resident had diagnoses of mild cognitive impairment and tobacco use, and his care plan required that he be supervised when he smoked, smoke only during designated times and in designated smoking areas, and keep all smoking supplies in the smoking supply box at the nurse’s station or med room. His quarterly MDS assessment documented a BIMS score of 14 and noted medically complex conditions. During an observation and interview, three cigarette packs were found on the resident’s bedside table, including two empty packs and one full pack of cigarettes. The resident stated that he usually kept his cigarettes on his table and that no one had an issue with it. He also stated that he got the cigarettes from the store when he went out of the facility. Staff interviews showed that cigarettes and lighters were not supposed to be kept in residents’ rooms and were to be stored in a locked box at the nursing station for supervised smoking times. The ADON, CNA staff, RN, and DON all stated that residents should not have cigarettes in their rooms and that staff were responsible for removing them if found. The facility’s smoking policy stated that smoking was not allowed inside the facility, smoking was only permitted in designated areas, and all smoking materials were to be stored in a secure area.
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