F0578 F578: Honor the resident's right to request, refuse, and/or discontinue treatment, to participate in or refuse to participate in experimental research, and to formulate an advance directive.
E

Missing Advance Directive and CPR Election Documentation

Avina Of MilwaukeeMilwaukee, Wisconsin Survey Completed on 03-12-2026

Summary

The facility did not ensure the medical record contained signed advance directive election forms for 4 of 18 residents reviewed: R4, R8, R60, and R82. The report states that each of these residents had no signed CPR election form in the electronic medical record, and there was no evidence they were offered the option to formulate an advance directive. The facility policy titled Communication of Code Status states that the facility will meet with residents or resident decision makers to determine code status upon admission and that, in the absence of an advance directive or further physician direction, the default direction will be Full Code. R4 was admitted with diagnoses including hemiplegia and hemiparesis following cerebral infarction, severe protein-calorie malnutrition, cerebellar stroke syndrome, dysphagia, and type 1 diabetes mellitus. R4’s MDS documented severe cognitive impairment, an activated POA, and that R4 was sometimes understood and sometimes understood others. Survey review found no signed advance directive form indicating whether CPR should be performed, and no additional information was provided showing R4 was offered the option to formulate an advance directive. R8 was admitted with diagnoses including orthopedic aftercare following surgical amputation, osteomyelitis of the right ankle and foot, metabolic encephalopathy, hemiplegia and hemiparesis following cerebral infarction, and cognitive communication deficit. R8’s MDS documented cognitive intactness, and R8 was understood and understood others. R60 was admitted with palliative care, dementia, dysphagia, and adult failure to thrive; R60 had an activated POA, was rarely or never understood, and rarely or never understood others. R82 was admitted with hypertensive chronic kidney disease with stage 5 CKD, type 2 diabetes mellitus, and dependence on renal dialysis; R82’s MDS documented moderate cognitive impairment, and R82 was understood and understood others. For R60, the hospice communication binder contained an advance directive tab with no documentation of the choice, and a CPR consent form was later provided showing resuscitation was desired and verbally obtained from the POA after the issue was brought to the facility’s attention.

Penalty

48 days payment denial
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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 F0578 citations
Advance Directive Not Maintained in Resident Record
D
F0578 F578: Honor the resident's right to request, refuse, and/or discontinue treatment, to participate in or refuse to participate in experimental research, and to formulate an advance directive.
Short Summary

Advance Directive Not Maintained in Resident Record: A resident with dementia, muscle weakness, and protein-calorie malnutrition had documentation indicating an advance directive was in the chart, but record review did not locate a living will or DPOA for health care. The CNO confirmed the record did not include an advance directive and the facility did not have a living will on file.

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.
Incomplete Advance Directive Documentation
D
F0578 F578: Honor the resident's right to request, refuse, and/or discontinue treatment, to participate in or refuse to participate in experimental research, and to formulate an advance directive.
Short Summary

Incomplete Advance Directive Documentation: The facility failed to keep complete and accurate advance directive records for two residents. One resident's chart contained a representative-signed acknowledgement that did not specify the type of advance directive, and another resident's record had no signed acknowledgement showing that advance directives were discussed. The SSD stated she was responsible for the documentation and that one form was filled out incorrectly while the other resident's paperwork could not be found.

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.
Delayed Response to Changes in Condition and Family Requests for Hospital Evaluation
D
F0578 F578: Honor the resident's right to request, refuse, and/or discontinue treatment, to participate in or refuse to participate in experimental research, and to formulate an advance directive.
Short Summary

The facility failed to timely respond to changes in condition for two residents, including one with severe cognitive impairment and another with dementia, CHF, diabetes, and a history of UTIs. Family members and DPOAs reported concerns about confusion, agitation, pain, SOB, and other worsening symptoms, but hospital evaluation was delayed while staff waited for physician input. Both residents were later admitted to the hospital with serious infections and other acute conditions, including sepsis, pneumonia, and respiratory failure.

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.
Physician Orders Did Not Match POLST Code Status
E
F0578 F578: Honor the resident's right to request, refuse, and/or discontinue treatment, to participate in or refuse to participate in experimental research, and to formulate an advance directive.
Short Summary

A facility failed to ensure that active physician orders matched residents’ POLST code status for three residents. One resident with COPD, A-Fib, and anxiety had a POLST indicating DNR but no active code status order; another resident with dementia, hypothyroidism, and HTN had a POLST indicating DNR but a physician order for CPR; and a third resident with COPD, respiratory failure, and diabetes had a POLST indicating DNR but no active code status order. The DON confirmed the records were inconsistent and that physician orders and POLST should match.

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.
Advance Directive Not Available in Resident Record
D
F0578 F578: Honor the resident's right to request, refuse, and/or discontinue treatment, to participate in or refuse to participate in experimental research, and to formulate an advance directive.
Short Summary

A resident with dementia with agitation, stroke, and PE had an advanced directive noted in a care conference review, but the document could not be found in the medical record. Staff later confirmed the resident did not have an advance directive on file.

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 Offer Advance Directive Opportunity
D
F0578 F578: Honor the resident's right to request, refuse, and/or discontinue treatment, to participate in or refuse to participate in experimental research, and to formulate an advance directive.
Short Summary

Failure to offer a resident the opportunity to create an advance directive. Record review showed the resident had no advance directive on file, and the SS Director stated there was no documentation that education was provided or that any attempts were made to obtain one. The resident had HTN, CKD, and mild cognitive impairment.

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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