Failure to Supervise LOA for Psychiatrically Impaired Resident and Enforce Designated Smoking Areas
Summary
The deficiency involves the facility’s failure to ensure a vulnerable resident on a physician-ordered supervised leave of absence (LOA) was adequately monitored, and failure to ensure residents smoked only in designated smoking areas. One resident with diagnoses including schizophrenia, bipolar disorder, left below-knee amputation, and peripheral vascular disease was admitted with an order allowing LOA "with supervision." A subsequent expert evaluation for guardianship documented that this resident had paranoid schizophrenia and bipolar disorder that were not stabilized or reversible, refused all medications and care, and had impairments in thought process, affect, memory, concentration, comprehension, and judgment. Despite these documented behavioral and cognitive impairments, the resident informed nursing staff they were leaving and did not know if or when they would return, refused to sign an AMA form, and signed the LOA book with a contact number and address; the NP was notified, but no timeframe for return was obtained. From the time the resident left on LOA until several days later, there was no documentation that facility staff checked on the resident, even though the resident had a physician order specifying LOA with supervision and a history of paranoia and delusions, including prior statements about attempting to travel long distances. Nursing notes show that several days after departure, staff attempted to call the resident and listed emergency contacts, but the calls were unsuccessful. Later that same day, the resident called the facility stating they were stranded in another city, that their rights were being violated, and asked to be called if staff had their best interests in mind. The ADON and Administrator confirmed there was no documentation of staff checking on the resident between the date of departure and the date of the first follow-up call, and the Administrator confirmed the resident had an order for LOA with supervision and that the facility could not produce the resident’s signature on an LOA log, despite policy requiring residents/families to sign in and out on LOA forms. A separate deficiency involved four residents observed smoking an unidentified substance rolled in paper on facility property but not in the designated smoking area. The residents were seated in a circle approximately eleven feet from the building, passing the item among themselves, and the substance emitted a strong, pervasive odor. One resident stated the substance was marijuana, and the Administrator confirmed that these residents were smoking marijuana on facility grounds outside the designated smoking area. Facility policy required that residents deemed safe to smoke independently, per smoking assessment, may smoke at any time they choose in the designated smoking area, and documentation showed that three of the four residents had previously received and, in most cases, signed acknowledgment of the smoking policy, while one resident had refused to sign.
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