Failure to Supervise Resident Smoking and Control Smoking Materials
Summary
The deficiency involves the facility’s failure to ensure that a resident who was assessed as requiring supervision for smoking followed established safe smoking protocols. One resident with diagnoses including major depressive disorder, COPD, anemia, dementia, anxiety, insomnia, and protein-calorie malnutrition, and assessed on the MDS as having moderately impaired cognitive skills, was observed by surveyors actively smoking alone in the designated outdoor smoking courtyard. At the time of observation, the resident was holding a lit cigarette that had not been provided or lit by staff, and no staff were present in the courtyard, despite posted smoking times indicating that smoking was to occur at specific supervised times. The resident’s smoking assessment documented the resident as low risk for safety concerns but explicitly required supervision while smoking. The assessment noted no visual impairment, range of motion or balance issues, fine motor difficulty, lethargy, history of burns, or difficulty safely lighting, holding, or extinguishing a cigarette, and stated the resident was safe to smoke with supervision and did not require adaptive or protective equipment. The care plan, revised earlier in the year, also documented that the resident was deemed a safe smoker only with staff supervision, with interventions including supervision during smoking, education on the facility’s smoking policy (location, times, and safety precautions), and smoking assessments as needed. Interviews and record reviews showed that the facility’s policy prohibited residents from keeping smoking materials on their person or in their rooms and required that residents needing supervision be within eyesight of staff while smoking. The resident reported that smoking was usually supervised at designated times and denied having cigarettes or a lighter in their possession or room, stating that nursing kept supplies locked in the medication room. Staff confirmed that all smoking materials were kept locked and that residents were supervised at set times, but two CNAs acknowledged they were late taking smokers out on the afternoon in question and were not present in the courtyard at the time the resident was observed smoking. Both CNAs stated that when they arrived later with the smoking box, no residents were smoking, and they did not know how the resident had obtained a cigarette or lighter prior to their arrival. The administrator and DON confirmed that all resident smoking required supervision and were unable to explain how the resident obtained smoking materials for the unsupervised smoking observed by surveyors.
Penalty
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