Independent LOA Orders Entered Without Proper Clinical Review
Summary
The facility staff failed to meet professional standards when an order was entered for a resident to go out on leave of absence independently without documented physician approval. Resident #205 was admitted with diagnoses including CVA, COPD, and DM. The resident’s most recent quarterly MDS coded a BIMS score of 15 out of 15, but also showed the resident required maximum assistance for hygiene and bathing and supervision for bed mobility, transfers, dressing, and eating. The care plan identified the resident as needing assistance with ADLs, and therapy documentation noted the resident had fluctuating medical status and that a Hoyer lift was appropriate when the resident was fatigued. The record also showed an OT evaluation documenting modified independence in decision-making and impaired safety awareness. Despite this, an order audit report documented that a verbal order for the resident to go out on LOA independently was created by the Regional Director of Clinical Services. When the resident was observed outside the facility, the resident was in a grassy area next to the sidewalk and road smoking with another resident. During interview, the resident stated that the other resident pushed the wheelchair and got it up onto the grass, and the resident identified the area as off facility property. The attending physician stated he did not remember being called about the order and said that if there was a safety issue, the order would not have been given or approved. The Director of Rehab Services stated that therapy evaluations were used to determine whether residents could go off property independently and that R205 needed supervision because of uneven surfaces, but no new evaluation had been completed before the order was entered. Facility staff also described the independent LOA order as meaning the resident had been assessed by therapy and was independent, with sign-out and documentation required when the resident left and returned. For Resident #216, the facility staff also failed to follow professional standards when obtaining verbal orders. The resident’s annual MDS showed a BIMS score of 14 out of 15 and documented current tobacco use. The resident stated that he previously could go to the courtyard and smoke anytime, but later had to sign out and go off property to smoke outside scheduled times, using sidewalks that were not safe and not cleared during inclement weather. The resident reported a prior fall while stepping over snow on the sidewalk that caused a cut on his arm. An order audit report documented a verbal order for the resident to go out on LOA independently, created by the Regional Director of Clinical Services. However, an OT evaluation in the record stated that the resident could safely access the smoking courtyard and navigate the ramp and doorways independently, but would not be safe using the sidewalks surrounding the facility because of uneven terrain, steep grades, railroad tracks, and broken concrete. The OT recommended the resident use public transport whenever leaving the facility to improve safety and decrease fall risk associated with the surrounding sidewalks. The attending physician stated he did not recall being called about the independent LOA order and said he would not have given or approved it if there was a safety issue. The Director of Rehab Services stated that R216 was planned to be reevaluated because concrete work had started, but the reevaluation had not been completed when the LOA order was placed.
Penalty
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