Failure to Control Resident Smoking Materials and Enforce Smoking Policy
Summary
The deficiency involves the facility’s failure to ensure the resident environment remained as free of accident hazards as possible and to adequately supervise a resident who smoked and possessed smoking materials, contrary to facility policy and regulatory requirements. One resident with paraplegia and multiple sclerosis, who was cognitively intact but had functional limitations in both upper extremities, was care planned in 2022 as a smoker in a non‑smoking facility, with instructions that staff assess physical and mental ability, remove the lighter to a secure location, and instruct the resident, noting the resident chose to be non‑adherent. A 2023 contract signed by the resident documented agreement not to keep smoking materials such as lighters or matches in the room. However, the 2025 Annual MDS documented that the resident did not use tobacco, and subsequent MDS assessments continued to show cognitive intactness and upper extremity limitations without reflecting ongoing tobacco use. Surveyor observations and interviews showed that the resident continued to smoke and keep smoking materials in their possession and room, without documented evaluation of hazards, analysis of risks, or monitoring and modification of care plan interventions. The resident was observed smoking outside the facility gate and later reported routinely retrieving cigarettes and a lighter from a bedside drawer, informing staff they were going downstairs, and then smoking outside the gate. On another observation, the resident had a lighter in a fanny pack. Staff interviews revealed inconsistent understanding and implementation of the smoking policy: the DON and Social Work Director stated that resident cigarettes and lighters were to be kept in a locked drawer at the front desk, while the receptionist stated the front desk did not keep resident cigarettes or lighters and had no list of smokers, and a CNA reported that the resident kept cigarettes and a lighter in the room because they were considered responsible. The Nurse Practitioner stated the resident was physically and cognitively safe to go out on leave of absence for smoking and that once beyond the gate the resident could do whatever, acknowledging the resident had possibly smoked in their room in the past. The Administrator stated smoking materials should be kept at the front desk and not held by residents, underscoring the discrepancy between policy and practice.
Penalty
Resources
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