Failure to Provide and Monitor Ordered BIPAP Therapy
Summary
The facility failed to provide necessary respiratory care and services for a resident with congestive heart failure, hypertension, obstructive sleep apnea, and respiratory failure. The resident was cognitively intact with a BIMS score of 15 and was admitted with hospital discharge instructions stating to continue wearing home CPAP/BIPAP during sleepiness unless otherwise instructed. The physician’s admission orders included an auto BIPAP order, but the settings were left blank, and the record showed the resident was also ordered oxygen via nasal cannula at bedtime. Facility documentation showed the resident was recorded as wearing the BIPAP on most days early in the stay, but the same record also showed refusals on multiple dates. The facility tracked oxygen saturation daily for a limited period and then did not document it again until later in the stay. The resident’s treatment record directed staff to observe for signs of respiratory distress and notify the physician of new or worsening symptoms. On 10/13/25, the facility documented that the doctor was updated on recent declines in function, verbal responses, and increasing edema, and the resident was sent to the ER for evaluation and treatment of cardiac declines. The ER record stated the resident arrived with worsening hypoxia and ongoing hypercarbia and noted that the resident was on chronic BIPAP but did not appear to have been using it, which was identified as the most likely cause of the exacerbation. The resident later told the surveyor that the BIPAP was uncomfortable and that he had been using nasal cannula instead at night. Sleep clinic and DME records showed the resident had previously used the BIPAP consistently, then had markedly reduced use during the period before hospitalization. Surveyor interviews with nursing staff and the DON indicated staff expected BIPAP settings to be verified and physicians to be notified for repeated refusals, but the facility did not ensure the BIPAP settings were correct, did not ensure the device was being worn according to remote DME data, and did not contact the physician after repeated refusals.
Penalty
Resources
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