Failure to Provide Ordered Care and Unordered Restraint Use
Summary
The facility failed to ensure that a resident with severely impaired cognition, Down syndrome, bipolar disorder, and a facility-acquired pressure ulcer received care and treatment in accordance with the resident’s comprehensive assessment and plan of care. The resident was dependent on two staff members for all aspects of care except eating, was always incontinent of bowel and bladder, and had a right buttock pressure ulcer. The care plan required turning and positioning every two to four hours, and brief checks and changes every two to four hours, but the resident was observed sleeping in a tilt-in-space wheelchair in a dark room while restrained with an upper body Posey belt without a physician’s order. On multiple observations, the resident remained seated upright in the wheelchair with the Posey belt in place, including while asleep. At one observation, the resident was awake and still in the wheelchair with the restraint in place. Review of surveillance video and staff interviews showed the resident was not turned, positioned, or provided care for more than seven hours. The assigned CNA stated the resident had been put in bed at 11:00 PM and later transferred to the wheelchair around 5:39 AM, but video showed the CNA did not enter the room for an extended period overnight. The medication nurse also reported seeing the resident asleep in the wheelchair during rounds and stated she did not know whether skin checks were needed with the device. The resident’s record showed a restraint alternative/restraint assessment for leaning forward and poor trunk control, but the form did not indicate whether the device was considered a restraint alternative or a restraint, and it did not show that the resident representative was notified. The physician’s orders included out of bed to a personal tilt-in-space wheelchair, but there was no documented order for the Posey belt restraint or related monitoring and skin check instructions. The DON stated the Posey device was not considered a restraint and did not require a physician’s order, while the Medical Director stated the nurse should have asked for an order for the Posey restraint. The wound nurse stated the resident’s pressure ulcer would deteriorate if left seated in the wheelchair all night without repositioning or incontinence care, and the Administrator stated the resident should not have been left in the wheelchair all night.
Penalty
Resources
Below are regulatory guidelines relevant to this citation:
Trusted data from CMS and state health departments
Every citation, penalty and Plan of Correction is sourced from public CMS records (latest release July 29, 2026) and official state health department websites — never guesswork.
In your survey window? See what surveyors are citing.
The Survey-Prep Report maps your facility's risk from 12 months of CMS and state citation data — what's being cited around you and what to check first. $129 one-time.