Failure to Administer Ordered Medications, Maintain Continuous Oxygen, and Monitor Resident Whereabouts
Summary
The deficiency involves the facility’s failure to ensure that nursing services met professional standards of quality for one resident with multiple chronic conditions, including COPD requiring continuous oxygen, diabetes mellitus, heart failure, major depressive disorder, and use of antipsychotic, antidepressant, and hypoglycemic medications. Physician orders directed that the resident receive multiple scheduled medications between 4:00 PM and 9:00 PM, including inhaled medications for COPD, Metformin for diabetes, Sertraline, Varenicline, Atorvastatin, Quetiapine, Trazodone, and continuous oxygen at 3 L/min via nasal cannula. The facility’s own policies required medications to be administered as ordered within one hour before or after the scheduled time, with documentation of administration or refusal, and prompt reporting and documentation of medication errors and physician notification. On the evening in question, the Medication Administration Record for the 3:00 PM–11:00 PM shift showed no evidence that any of the resident’s scheduled medications or continuous oxygen treatment were administered between 4:00 PM and 9:00 PM. RN #1, who was responsible for the resident’s care during that shift, stated they arrived on the unit at 4:15 PM, did not see the resident during rounds, and were told by unknown staff that the resident had a visitor. RN #1 reported they did not look for the resident, assuming the resident was with the visitor, and acknowledged that the 4:00 PM medications were not given for that reason. RN #1 further stated they were aware that the 4:00 PM, 8:00 PM, and 9:00 PM medications were not administered and did not recall notifying the RN supervisor or the physician, despite knowing they were required to do so when medications were not given. From approximately 4:15 PM until 9:49 PM, nursing and direct care staff were unaware of the resident’s whereabouts. The CNA accountability record for the 3:00 PM–11:00 PM shift contained no hourly safety checks or meal documentation for the resident after 2:45 PM. At about 9:49 PM, the resident was found on the floor beside the bed, face down, unresponsive, with no pulse and no respirations, and not connected to any oxygen source. A stat was called, CPR was initiated, and EMS arrived at 10:07 PM and later pronounced the resident deceased at 10:24 PM. The incident report and nursing progress note did not document that the resident had been missing for several hours, that staff were unaware of the resident’s whereabouts from 4:15 PM to 9:49 PM, that no 4:00 PM, 8:00 PM, and 9:00 PM medications were administered, or that the resident was not on oxygen when found. The Medical Director, DON, Administrator, and attending physician all reported they were not informed at the time that the resident had been missing for hours or that the evening medications and continuous oxygen had not been provided, and the Medical Director stated they did not review the chart and were not made aware of the missed medications until days later. The facility’s investigation documentation concluded the incident appeared related to a medical event and initially indicated there was no cause to believe abuse, mistreatment, or neglect had occurred. However, the investigation form did not include the fact that the resident’s whereabouts were unknown for several hours, that the resident did not receive ordered medications and treatments during the evening shift, or that the resident was not connected to oxygen when found. Supervisory nursing staff who responded to the emergency confirmed that when they arrived, the resident was already on the floor unresponsive and that no oxygen was connected. The Medical Director and other leadership staff stated they were not made aware that the resident had been missing or that medications and treatments were not administered as ordered during the relevant time period. These omissions in monitoring, medication administration, treatment provision, and timely, accurate reporting and documentation formed the basis of the cited deficiency under 10 NYCRR 415.11(c)(3)(i).
Penalty
Resources
Below are regulatory guidelines relevant to this citation:
A resident with a fractured wrist returned from an orthopedic visit wearing a new black wrist splint after the cast was removed, but the clinical record lacked an updated physician order and instructions for splint use and care. Staff also did not document follow-up with the physician, and the care plan was not revised when the splint began being used; the DON acknowledged the missing order and lack of a policy for obtaining updated physician information.
A resident with peripheral vascular disease and a left above-knee amputation, who was moderately cognitively impaired and receiving PRN opioid analgesia for pain, had a Hydrocodone/Acetaminophen order changed from 10 mg/325 mg to 5 mg/325 mg every 6 hours PRN. The MAR for the month showed both the discontinued 10 mg/325 mg order and the new 5 mg/325 mg order, and review of the controlled substance declining count sheets revealed that nurses repeatedly removed 10 mg/325 mg tablets while documenting administration of 5 mg/325 mg on the MAR, and on two occasions removed 10 mg/325 mg tablets with no corresponding MAR entry. The NP confirmed the resident should have been receiving only the 5 mg/325 mg dose during this period, and the DON stated the discontinued 10 mg/325 mg supply and count sheet should have been removed when the order was changed.
Medication administration and ordering did not meet professional standards when an LPN incorrectly held an antihypertensive despite the BP parameter, disposed of an unadministered tablet in a resident’s room trash instead of using approved disposal methods, and failed to instruct a resident to rinse their mouth after a Breyna inhaler as ordered. Additionally, two PRN bowel medications for a resident with a colostomy were ordered for rectal administration, even though, according to an RN, this resident could not receive medications rectally.
A resident with an order for Divalproex DR 250 mg, two tablets in the morning and three at bedtime, was instead given 500 mg tablets over an extended period after the contracted pharmacy dispensed the wrong strength. The MAR continued to reflect the 250 mg order and was signed daily as given, while nurses did not detect that the medication cards contained a different strength than the physician’s order. The resident later developed altered mental status and was sent to the ER, and a NP documented that the resident had been receiving the incorrect Divalproex dose. Staff interviews and facility policy confirmed that nurses were expected to verify the right dose by comparing the medication label to the MAR and order, but this verification process failed in this case.
A resident with a history of traumatic brain injury and multiple falls did not receive complete neurological checks, skin assessments, or shift‑by‑shift alert charting as required by facility policy after several falls, including events with head impact and documented abnormal pupil findings that were never reported to a physician. Documentation shows missed neuro‑check intervals, discontinued monitoring before the 72‑hour period ended, and no internal records of head and facial injuries later described in hospital records. In a separate incident, two cognitively intact residents involved in a resident‑to‑resident altercation, where one kicked the other’s knee, were placed on 72‑hour alert charting, but nursing staff failed to complete alert charting every shift as ordered. Interviews with nursing leadership and other staff confirmed that these monitoring and documentation expectations were not met and that required physician notification for neurological changes did not occur.
A cognitively intact resident with chronic pain related to systemic lupus erythematosus, care planned to receive scheduled Oxycodone, was mistakenly given Norco by an LPN during a night medication pass. The wrong narcotic was administered instead of the ordered Oxycodone, and the resident later reported receiving another resident’s medication and experiencing symptoms such as upset stomach, nausea, and extreme drowsiness for several hours. Facility documentation and interviews confirmed that the six rights of medication administration, including proper resident identification as required by policy, were not followed.
Missing Physician Order and Care Plan Update for New Wrist Splint
Penalty
Summary
The facility failed to ensure follow-up was obtained for physician orders and instructions after a resident returned from an orthopedic follow-up appointment with a new left wrist splint. The resident had a fractured carpal bone from a fall that occurred while in the facility and was severely cognitively impaired on the admission MDS. After the resident’s cast was removed at the orthopedic visit, the resident returned wearing a black splint with tie string and was to wear it at all times except for bathing, but the clinical record did not contain an updated physician order or associated instructions for the splint. The record also lacked documentation that facility staff contacted the physician to obtain the updated order and instructions, and the care plan was not revised when the splint was first used. During interviews, the Unit Manager and DON acknowledged that the care plan had not been updated until later and that the record lacked a physician order showing the cast had been discontinued and the splint ordered. The DON also stated the facility lacked a policy for obtaining updated physician orders, progress notes, and specific instructions for the facility.
Wrong Opioid Dose Administered After Order Change
Penalty
Summary
The deficiency involves the facility’s failure to follow a physician’s order for an opioid pain medication, resulting in administration of the wrong dose multiple times. The resident involved had peripheral vascular disease and a left above-knee amputation and was moderately cognitively impaired, receiving PRN opioid medication for pain rated 6/10. A physician’s order for Hydrocodone/Acetaminophen 10 mg/325 mg every 6 hours as needed was discontinued and replaced with an order for Hydrocodone/Acetaminophen 5 mg/325 mg every 6 hours as needed. The November Medication Administration Record (MAR) showed both the discontinued 10 mg/325 mg order (effective until mid-month) and the new 5 mg/325 mg order starting mid-month. There was no documentation that the 10 mg/325 mg dose was administered during the first part of the month. After the dose change, documentation discrepancies showed that nursing staff removed the discontinued 10 mg/325 mg tablets from the controlled substance declining count while documenting administration of the 5 mg/325 mg dose on the MAR. On several occasions, nurses documented giving 5 mg/325 mg on the MAR while the declining count sheets showed removal of 10 mg/325 mg tablets, and on two occasions 10 mg/325 mg tablets were removed from the narcotic count with no corresponding MAR entry. Attempts to interview the involved nurses were unsuccessful. The Nurse Practitioner confirmed that during the relevant period the resident’s order was for 5 mg/325 mg and that the nurses removed 10 mg/325 mg tablets instead, resulting in the resident receiving the wrong dose. The DON stated that the discontinued 10 mg/325 mg declining count sheet and blister pack should have been removed from the medication cart when the order was discontinued.
Medication Administration and Ordering Did Not Meet Professional Standards
Penalty
Summary
The deficiency involves failures in medication administration and disposal that did not meet professional standards of quality. For one resident with multiple fractures, COPD, and hypertension, an LPN measured the resident’s blood pressure at 108/70 and then incorrectly held the ordered losartan, despite the physician’s order specifying to hold the medication only if the systolic blood pressure was less than 100. The same LPN was observed disposing of an unadministered tablet by dumping it from a medication cup directly into the resident’s room trash can and then discarding the cup in the same trash, contrary to her own statement that unused medications should be placed in a pharmacy-provided return box or a Drug Buster container. In addition, when administering a Breyna (budesonide-formoterol) inhaler to this resident, the LPN assisted with two puffs as ordered but did not instruct the resident to rinse their mouth afterward, nor did she provide education about the need to rinse, despite the physician’s order specifying to rinse the mouth after use. For another resident with emphysema, muscle weakness, a need for assistance with personal care, and a colostomy, the record contained physician orders for Dulcolax (bisacodyl) suppositories and Fleet enemas to be inserted rectally as needed for bowel care. A registered nurse stated that this resident had a colostomy and could not use any medications rectally, indicating that the ordered route for both the suppository and enema was incorrect for this resident’s condition. These findings were identified through observation, record review, and staff interviews, and demonstrate that medication administration and ordering did not consistently follow the five rights of medication administration and proper medication disposal practices.
Prolonged Administration of Incorrect Divalproex Dose Due to Pharmacy and Nursing Verification Failures
Penalty
Summary
Facility staff failed to ensure medications were administered according to professional standards of nursing practice for one resident. The resident had a physician’s order for Divalproex DR 250 mg, to be given as two tablets in the morning and three tablets at bedtime. Review of the MAR for May and June 2025 showed that this ordered regimen was documented as being administered daily. However, the resident’s clinical record and subsequent review revealed that the resident was actually receiving Divalproex DR 500 mg tablets instead of the ordered 250 mg tablets, resulting in administration of an incorrect dose over an extended period. On 6/20/25, the resident experienced a change in condition characterized by altered mental status, and the resident’s mother reported that the resident’s mental status and demeanor were off and requested transfer to the ER for evaluation. A nurse practitioner’s progress note dated 6/23/25, following the resident’s hospitalization, documented that the resident had been receiving the incorrect dose of Divalproex DR, specifically 500 mg daily instead of the 250 mg dose prescribed by the physician. There was no physician order in the medical record authorizing a change to Divalproex DR 500 mg. Interviews and documentation showed that the contracted pharmacy dispensed Divalproex DR 500 mg tablets on 5/18/25 instead of the ordered 250 mg strength, and that nursing staff continued to administer and sign off the medication on the MAR without identifying the discrepancy between the medication card and the physician’s order. The facility’s own medication administration policy and staff interviews indicated that nurses were expected to compare the medication label to the MAR and physician’s order, verify the right dose, and correct any mismatch, but this did not occur in this case. As a result, the resident received the wrong dose of Divalproex DR for a prolonged period before the error was identified.
Failure to Complete Neuro Checks, Alert Charting, and Skin Assessments After Falls and Abuse Allegation
Penalty
Summary
The deficiency involves the facility’s failure to follow professional standards of practice and facility policies for post-fall and post-incident monitoring and documentation for multiple residents. Resident 4, admitted with multiple rib fractures, traumatic subdural hemorrhage, repeated falls, and later assessed as high fall risk, experienced several falls during his stay. Facility records, including SBAR forms, care plans, and IDT post-event notes, show that after these falls, staff were expected to complete neurological checks on a defined schedule (q15 minutes, q30 minutes, q1 hour, q4 hours, then q8 hours up to 72 hours), perform and document skin assessments, and complete alert charting every shift for 72 hours. However, the neurological check forms for multiple dates (1/10, 2/05, 3/12, 3/16, and 4/06) show missing assessments and vital signs at required intervals, and the 3/09 neurological checks were discontinued after the first hour despite the resident being within the 72‑hour monitoring window. Alert charting progress notes were also not completed every shift for the required 72 hours following several of his falls. In addition, Resident 4 had abnormal neurological findings that were not reported to a physician as required by policy and nursing standards. On 3/12 and again on 3/16, neurological check evaluations documented unequal pupils bilaterally, with specific measurements showing the right and left pupils of different sizes over multiple consecutive assessments. Despite these abnormal findings, there is no evidence in the eMAR or progress notes that the physician was notified of changes in the resident’s neurological status. The facility’s policies on Neurological Assessment and Resident Examination and Assessment require that changes in neurological status be reported to the physician, and interviews with licensed nurses and the administrator confirmed that unequal pupils should have triggered immediate physician notification and documentation, which did not occur. The facility also failed to complete required alert charting after a resident‑to‑resident abuse allegation involving Residents 1 and 2. Resident 1, cognitively intact and with COPD and major depressive disorder, was the victim of an altercation in which she was kicked in the left knee by another resident. Resident 2, also cognitively intact and with hemiplegia/hemiparesis and heart failure, was identified as the aggressor who kicked another resident’s knee. For both residents, IDT post-event notes and care plans documented that alert charting every shift for 72 hours was to be initiated following the incident. However, review of progress notes for both residents shows that alert charting entries were not completed every shift for the full 72‑hour period after the allegation. The Social Services Director and ADON confirmed that extra documentation and alert charting every shift for 72 hours were expected after any abuse allegation, and record review confirmed that this monitoring and documentation were not consistently performed. The record review further shows that for Resident 4, changes in skin condition following falls were not assessed, documented, or monitored as required. Despite documentation from an ED physician and a hospital critical care consult describing a scratch to the left temple and a left cheek abrasion, and an internal EMAR note referencing a bruise on the face from a prior fall, there is no evidence in the facility’s eMAR or progress notes of skin assessments or monitoring of these changes. The administrator and a licensed nurse acknowledged that the knot on the resident’s head after a fall and subsequent facial discoloration should have been documented as skin assessments or progress notes and monitored, but the facility was unable to provide such documentation. These omissions occurred despite facility policies on Charting and Documentation, Resident Examination and Assessment, Falls – Clinical Protocol, Safety, and Abuse, Neglect, and Exploitation, which require documentation of changes in condition, monitoring after falls, and increased supervision and monitoring after abuse allegations.
Failure to Follow Resident Identification and Six Rights During Medication Administration
Penalty
Summary
The deficiency involves a failure to follow professional standards for medication administration, specifically proper resident identification and adherence to the six rights of medication administration. A cognitively intact resident with systemic lupus erythematosus, who received scheduled and PRN pain medications for occasional moderate pain, was care planned to receive pain medications as ordered. On the date in question, the resident was scheduled to receive Oxycodone 5 mg at 3:00 AM. Instead, the night-shift LPN administered Hydrocodone/APAP (Norco) 5/325 mg. The facility’s incident documentation stated that the resident usually received scheduled Oxycodone 5 mg three times daily and that the wrong medication was given at the 3:00 AM dose. The facility’s policies required identification of the resident by photo in the MAR and verification of the right resident as part of the six rights of medication administration. The incident audit and interviews confirmed that the six rights of medication administration were not followed. The resident later filed a grievance stating they were given the wrong medication on that date and reported receiving another resident’s medication at approximately 5:13 AM, a time when they usually received medication. The incident report documented that the resident was unaware of the error until notified by the floor nurse and did not reflect that the resident experienced upset stomach, nausea, and extreme drowsiness for several hours. The facility’s Medication Administration and Medication Errors policies required medications to be administered according to the physician’s orders and in accordance with accepted standards and principles, including verifying the right resident, which did not occur in this case.
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