F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
F

Failure to Investigate and Report Alleged Staff-to-Resident Abuse

Aster Creek Nursing And Rehabilitation CenterTinton Falls, New Jersey Survey Completed on 03-10-2026

Summary

The facility’s LNHA failed to ensure staff implemented the abuse policies and procedures for allegations of staff-to-resident verbal abuse involving Resident #11, including failing to protect the resident from the alleged perpetrator pending a thorough investigation. Resident #11 told the surveyor that an LPN was nasty to them and allegedly said that if the resident kept ringing the call bell, she was going to light the resident on fire. The resident also reported being called an ugly cripple and being told, "Watch your mouth, you [expletive redacted] piece of shit." The resident was described by staff and the MD as difficult and boisterous, and the resident had a care plan for fabrication, but the resident was also described by the MD as awake, alert, and knowing what was going on. The LNHA acknowledged that he did not complete a full investigation for the verbal abuse allegation involving two LPNs. He stated that he obtained statements from the involved nurses, but he did not obtain witness statements from residents or other staff who may have observed the event, and he did not get a written statement from the resident. He also stated that he did not report the allegation to NJDOH because he did not think it was a nature of abuse and because he could not substantiate what the resident said. The DON stated she was aware of the resident’s allegations and that the LNHA had done the investigations, but she also indicated she did not learn of the resident’s concern with the nurses because the LNHA had told the resident to return to their room. The report also identified a separate allegation involving another LPN, where Resident #11 stated that the nurse screamed at them, threw her hands into the resident’s face, and asked, "what are you going to do about it." The LNHA stated that the resident called the police and that officers reviewed video footage, but he acknowledged that he had not done a complete and thorough investigation and that he had not been reporting the resident’s allegations. The DON similarly stated that the resident alleged the nurse was in their space, but the video showed only hand movements and no physical altercation. The facility’s abuse policy required immediate protection of the alleged victim, immediate suspension of suspected employees pending investigation, witness statements, interviews of the resident and staff, and reporting of alleged abuse to the state agency within 2 hours, but the LNHA acknowledged these steps were not completed for the resident’s allegations.

Penalty

Inspection fine: $217,510
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The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.

Resources

Below are regulatory guidelines relevant to this citation:

See other F0835 citations
Failure to Protect a Known Elopement Risk
D
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

The NHA and DON failed to manage the facility effectively to protect a resident known to be at risk for elopement. A resident exited the assigned nursing unit unsupervised, and the report states this created an Immediate Jeopardy situation for one of fourteen residents documented as elopement risks. The NHA and DON confirmed the administrative failure during interview.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Ineffective Administration Affecting Falls, Staffing, Nutrition, Immunizations, and Abuse Prevention
F
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

Ineffective administration led to multiple failures in fall management, staffing, nutrition, immunization education, and abuse prevention. The facility did not follow fall interventions or complete accurate fall assessments and investigations, and two residents sustained serious injuries, including rib fractures and a thoracic burst fracture after an improper transfer. The report also cites inadequate RN coverage, insufficient staffing, missed dialysis transport, inaccurate documentation, falsified bathing records, failure to provide snacks and adaptive equipment, and abuse-related issues including verbal abuse and misappropriation of resident funds and property.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Timely Report Abuse and Neglect Allegations
E
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

Failure to Timely Report Abuse and Neglect Allegations: The facility failed to maintain an effective system for timely reporting allegations of abuse and neglect after a prior F609 citation for the same issue. Surveyors found nine late reports involving multiple residents, and staff and the administrator acknowledged ongoing difficulty tracking when reports were due, with most late reports occurring during the monitoring period after the earlier deficiency.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Protect Resident from Elopement
J
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

A resident with dementia and wandering tendencies was not protected from elopement after staff failed to follow instructions to place a Wander Guard and move him to the Secured Memory Unit. The resident was seen in the lobby, later could not be located, and was found miles from the facility after leaving unsupervised; the front entry door also lacked an operational Wander Guard system.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Failure to Ensure Supervision and Elopement Prevention
D
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

Failure to Ensure Supervision and Elopement Prevention: The facility failed to consistently supervise and maintain safety interventions to prevent elopement for residents. Review of records, job descriptions, and staff interviews showed the NHA and DON did not effectively manage the facility to ensure proper supervision and elopement prevention interventions were implemented, and they failed to fulfill their essential duties to ensure federal and state guidelines and regulations were followed.

Inspection fine: $14,385
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The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
Unqualified Social Service Director Hired
F
F0835 F835: Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Short Summary

Unqualified Social Service Director Hired: The facility failed to ensure the Social Service Director met the stated qualification of a bachelor's degree and 1 year of social services experience. The Administrator stated the current SSD was still in school and had not completed her degree, while a behavioral health director with a degree only helped with social services at times and was not the SSD. The job description and facility policy did not align with current regulatory requirements, and the facility census was 182 residents.

No penalty information released
tooltip icon
The penalty, as released by CMS, applies to the entire inspection this citation is part of, covering all citations and f-tags issued, not just this specific f-tag. For the complete original report, please refer to the 'Details' section.
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