Failure to Reassess Smoking Safety After Resident-Initiated Fire
Penalty
Summary
The deficiency involves the facility’s failure to ensure adequate supervision and accident prevention for a resident who smoked and possessed smoking materials. The resident had multiple mental health and behavioral diagnoses, including alcohol use, generalized anxiety disorder, cocaine abuse, major depressive disorder, PTSD, and a history of restlessness, agitation, hoarding, verbal aggression, and threats toward staff. Her care plan documented that she chose to safeguard her own smoking materials in her room, was expected to adhere to the facility’s tobacco/smoking policy, and had been assessed as cognitively intact with a BIMS score of 15. The facility’s written smoking policy required that cigarettes, lighters, matches, and all tobacco products be turned in to the nurse for secure storage, prohibited smoking materials in resident rooms or on their person, and required smoking safety assessments quarterly and as needed with any change in condition or functional abilities. On the morning of 2/27/26, staff detected the smell of smoke on the resident’s hallway. An LPN reported smelling smoke while assisting another resident and directed CNAs to search rooms. CNAs discovered a wet, burned pile of ace wrap and sheet pieces on the floor of the resident’s room, several steps in front of the sink, with no active flames. The resident was not in the room at that moment but admitted to staff that she had started the fire, with one CNA reporting that the resident stated she did it on purpose and said, “We are all going to die anyways.” Staff also reported finding a knife, medications, and another item in the resident’s belongings and turning these over to the administrator. Nursing documentation noted that the resident had cut up an ace wrap and sheet and started the material on fire, that she stated she was not in her right mind and did not know why she started the fire, and that the administrator was updated. The administrator documented that staff notified him that the resident had ignited a small item in her room using a personal lighter, that he met with the resident, and that she reported burning something small near her shoe. He removed the lighter, initiated 15‑minute safety checks, and requested a review of her mental status and cognition. The resident’s care plan was updated the same day to add that she sometimes had behaviors including attempting to start a fire with her lighter, with interventions such as monitoring for danger to self or others and contacting law enforcement/administrator if the behavior recurred. However, the facility did not complete an updated Smoking and Safety Assessment immediately after the fire incident, despite the policy requirement for reassessment with changes in condition or functional abilities. Staff interviews indicated that after the incident the resident continued to have smoking materials, managed them on her own, and went in and out to smoke, while the receptionist and nursing staff reported they had not been instructed to secure her smoking materials and that she continued to safeguard them in her room lockbox. A later Smoking and Safety Assessment completed on 3/4/26, after surveyor inquiry, did not document the prior fire, did not mark burned items as a concern, and stated there were no concerns with her ability to smoke safely outside, demonstrating that the facility failed to reassess and revise her smoking safety status in response to the fire she started in her room. The surveyors determined that the facility’s failure to reassess the resident’s safety with smoking materials after she started a fire in her bedroom, and the continued care planning and allowance for her to have smoking materials on hand, constituted a failure to identify and address the risk. The facility’s own policy prohibited smoking materials in resident rooms and required secure storage and reassessment with changes in condition, yet the resident’s care plan and staff accounts showed she retained access to smoking materials and a lockbox in her room. The facility leadership stated they viewed the incident as related to mental health and not unsafe smoking, and initially did not redo the smoking assessment because they did not consider smoking itself to be the concern. These actions and inactions led to a finding of immediate jeopardy beginning on 2/27/26, later reduced to a deficiency at scope/severity level E as the facility continued to implement its action plan.
