Failure to Notify Resident Representative and Maintain Updated Contact Information After Change in Condition
Summary
Facility staff failed to notify a resident’s representative of a significant change in condition and did not maintain updated contact information, contrary to facility policy. The resident, who was cognitively intact per an annual MDS (BIMS score 15/15) but functionally dependent in most ADLs, had a care plan noting ADL self-care deficits related to impaired balance, weakness, and shortness of breath with exertion. The facility’s policy, revised 12/01/22, required staff to promptly inform the resident, consult the physician, and notify the resident’s representative when there is a significant change in physical, mental, or psychosocial condition, including life‑threatening conditions or clinical complications, and to record and periodically update contact information for the resident’s legal representative or family. On 4/21/26, a physician progress note documented that the resident was seen for an acute visit due to hypoxemia, with oxygen saturation dropping into the 70–80% range and associated chills. The note described a significant medical history including morbid obesity, hypoventilatory syndrome, functional quadriparesis, bedbound status, chronic respiratory failure with oxygen dependence, COPD, hypertension, CAD, chronic pain syndrome, GERD, asthma, anemia, and neuropathy. The physician coordinated DuoNeb treatments with nursing staff, after which the resident’s oxygen saturation improved to 89%, chills subsided after increasing room temperature, and vital signs remained stable; the resident denied respiratory and other systemic symptoms at that time. Diagnostic tests (CBC, CMP, CXR) were ordered to further evaluate the hypoxemia and chills. Earlier that day, during the initial tour, the resident was observed in bed under covers in a very warm room and reported not feeling well. The resident’s face sheet listed one family member as Emergency Contact #1 and POA, and another family member as Emergency Contact #2. Surveyor calls to these contacts on 4/21/26 and 4/22/26 revealed that one phone number did not allow a voicemail, another was not working, and the second contact reported not having received any call about the change in condition. The resident later provided an updated phone number for Emergency Contact #2. A review of the medical record showed no documentation that either emergency contact was notified or that attempts to notify them were made on 4/21/26 regarding the change in condition. In interviews, the DON stated she was not informed of the change in condition, believed the resident to be her own responsible party, and acknowledged there was no note in the record indicating the son was contacted on 4/21/26 during the change in condition.
Penalty
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