F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
L

Failure to Enforce Smoking Policy and Control Smoking Materials for Oxygen‑Dependent Smokers

Westside Oaks Rehabilitation & Nursing CenterJacksonville, Florida Survey Completed on 04-01-2026

Summary

Facility administration failed to ensure implementation of its Smoking/Vaping policy and adequate supervision for residents who smoked, including oxygen‑dependent residents, resulting in unsafe smoking practices and a serious injury. Staff, including CNAs and nursing leadership, were aware that multiple residents routinely retained cigarettes and lighters on their person or in their rooms and smoked in non‑designated areas, yet smoking materials were not consistently confiscated or controlled. During a tour, three residents were observed entering and leaving the designated smoking area with their own cigarettes and lighters, without obtaining them from or returning them to the supervising CNA, and then returning to rooms marked with “Oxygen in Use/No Smoking” signs while still in possession of smoking materials. One oxygen‑dependent resident with COPD, alcohol abuse, noncompliance with treatment, and intact cognition had a documented history of smoking in his room, including while on oxygen, dating back months before the incident. Nursing notes showed he was found smoking in his room on several occasions, including once while connected to his oxygen concentrator and another time with oxygen turned off, and he repeatedly refused to relinquish cigarettes and alcohol, becoming belligerent. Law enforcement was called at least once, and the DON and unit manager were notified, but there was no documentation that his smoking materials were consistently removed or that effective safeguards were put in place. His care plan addressed smoking and behaviors but did not include specific oxygen safety interventions, and he reported that he kept all smoking materials with him, smoked in his room and bathroom, and rarely saw staff in his room prior to the burn event. On the night of the burn incident, a CNA observed this resident smoking in his room while wearing a nasal cannula, saw the cannula ignite, and alerted an RN, who initiated a Code Red and emergency response. Documentation showed the resident sustained second‑degree burns to his nose and right cheek, experienced respiratory distress and other symptoms, and required transfer to an ED and then a burn unit, where he was intubated and treated for facial and inhalation burns. Other residents, including two additional oxygen‑dependent smokers and a non‑oxygen‑dependent smoker, reported that they routinely kept cigarettes and lighters on their person, sometimes smoked in their rooms or bathrooms, and did not trust staff to store their supplies. Smoking evaluations and care plans for these residents labeled them as safe smokers, often without supervision, and progress notes lacked documentation of noncompliance despite resident statements and staff interviews confirming ongoing violations of the smoking policy. A CNA reported that most smokers refused to surrender supplies, that leadership had long been aware of this pattern, and that staff training on smoking and oxygen safety was limited to self‑study folders without formal instruction or verification of understanding. Immediate Jeopardy at scope and severity level L was identified related to these failures, beginning on the date of the burn incident and remaining in effect through the survey exit. The IJ was based on the administration’s failure to ensure that staff, including CNAs, RNs, and the DON, enforced the smoking policy, removed smoking materials from oxygen‑dependent residents’ rooms, and prevented residents from smoking in their rooms while oxygen was in use. The facility also did not timely implement an effective, facility‑wide corrective approach to address systemic issues in smoking risk assessment, supervision, and environmental safety controls, allowing residents to continue to possess smoking materials and smoke inside the building and in non‑designated areas.

Penalty

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.

Resources

Below are regulatory guidelines relevant to this citation:

See other F0835 citations
Failure to Protect a Known Elopement Risk
D
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

The NHA and DON failed to manage the facility effectively to protect a resident known to be at risk for elopement. A resident exited the assigned nursing unit unsupervised, and the report states this created an Immediate Jeopardy situation for one of fourteen residents documented as elopement risks. The NHA and DON confirmed the administrative failure during interview.

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.
Ineffective Administration Affecting Falls, Staffing, Nutrition, Immunizations, and Abuse Prevention
F
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

Ineffective administration led to multiple failures in fall management, staffing, nutrition, immunization education, and abuse prevention. The facility did not follow fall interventions or complete accurate fall assessments and investigations, and two residents sustained serious injuries, including rib fractures and a thoracic burst fracture after an improper transfer. The report also cites inadequate RN coverage, insufficient staffing, missed dialysis transport, inaccurate documentation, falsified bathing records, failure to provide snacks and adaptive equipment, and abuse-related issues including verbal abuse and misappropriation of resident funds and property.

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 Timely Report Abuse and Neglect Allegations
E
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

Failure to Timely Report Abuse and Neglect Allegations: The facility failed to maintain an effective system for timely reporting allegations of abuse and neglect after a prior F609 citation for the same issue. Surveyors found nine late reports involving multiple residents, and staff and the administrator acknowledged ongoing difficulty tracking when reports were due, with most late reports occurring during the monitoring period after the earlier deficiency.

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 Protect Resident from Elopement
J
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

A resident with dementia and wandering tendencies was not protected from elopement after staff failed to follow instructions to place a Wander Guard and move him to the Secured Memory Unit. The resident was seen in the lobby, later could not be located, and was found miles from the facility after leaving unsupervised; the front entry door also lacked an operational Wander Guard system.

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 Ensure Supervision and Elopement Prevention
D
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

Failure to Ensure Supervision and Elopement Prevention: The facility failed to consistently supervise and maintain safety interventions to prevent elopement for residents. Review of records, job descriptions, and staff interviews showed the NHA and DON did not effectively manage the facility to ensure proper supervision and elopement prevention interventions were implemented, and they failed to fulfill their essential duties to ensure federal and state guidelines and regulations were followed.

Inspection fine: $14,385
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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.
Unqualified Social Service Director Hired
F
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

Unqualified Social Service Director Hired: The facility failed to ensure the Social Service Director met the stated qualification of a bachelor's degree and 1 year of social services experience. The Administrator stated the current SSD was still in school and had not completed her degree, while a behavioral health director with a degree only helped with social services at times and was not the SSD. The job description and facility policy did not align with current regulatory requirements, and the facility census was 182 residents.

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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