Bywood East Health Care
Inspection history, citations, penalties and survey trends for this long-term care facility in Minneapolis, Minnesota.
- Location
- 3427 Central Avenue Northeast, Minneapolis, Minnesota 55418
- CMS Provider Number
- 24E185
- Inspections on file
- 46
- Latest survey
- February 26, 2026
- Citations (last 12 mo.)
- 13 (3 serious)
Citation history
Health deficiencies cited at Bywood East Health Care during CMS and state inspections, most recent first.
A resident with schizophrenia, dementia, traumatic brain injury, and mild cognitive impairment, care planned for risk of abuse and rarely understood, was sitting in a wheelchair near an elevator when a contracted lab technician approached, gestured for the resident to move, and then slapped the resident’s face in view of others, causing facial redness. The lab technician stated he slapped the resident in response to a derogatory comment. The DON acknowledged that a slap is abuse and that facility staff did not supervise lab technicians. Both the DON and administrator reported that contracted lab staff did not receive or have verified VA abuse-prevention training, and the facility’s VA Abuse Prevention policy did not address abuse-prevention education for contracted staff.
A contracted lab technician slapped a resident in the face while the resident was seated in a wheelchair near an elevator, in view of other residents and staff. The technician later stated he would slap anyone who spoke derogatorily about his mother. Interviews with the lab supervisor, DON, and administrator showed that contracted lab staff did not receive VA abuse prevention training from the facility, and the facility did not verify any prior abuse-prevention education before allowing them to work with residents. The written VA Abuse Prevention policy, although stating zero tolerance for abuse by anyone including outside agency staff, lacked protocols for verifying abuse-prevention education for contracted personnel.
A resident with cognitive impairment and behavioral health diagnoses repeatedly harassed and physically grabbed another resident, causing emotional distress and hospitalization. Despite ongoing incidents and staff awareness, the facility failed to assess the situation comprehensively or implement effective interventions beyond ineffective redirection. Care plans lacked specific strategies to address the behaviors, and the events were not reported or investigated as potential abuse according to facility policy.
A resident with cognitive impairment and psychiatric conditions experienced repeated hair pulling and grabbing by another resident, leading to fear and agitation. Despite staff and management awareness of the ongoing incidents and the resident's distress, the altercation and its effects were not reported to the State agency within the required timeframe, nor was a formal investigation initiated as per facility policy.
A resident with mild cognitive impairment and a prescribed pureed diet for dysphagia was assisted by an RN to obtain a sticky bun from a vending machine. The resident choked on the non-pureed item, became unresponsive, and later died after being hospitalized. The RN did not consider the resident's dietary restrictions when assisting with the purchase, leading to the fatal incident.
The facility failed to protect residents from various forms of abuse and neglect, including physical, mental, and sexual abuse, as well as physical punishment, by any individual. The report identifies a lapse in ensuring resident safety and well-being.
A deficiency was cited when a facility area was found to contain accident hazards and lacked adequate supervision to prevent accidents, failing to meet required safety standards.
A cognitively impaired resident was involved in a sexual act with another resident, and staff failed to immediately report the suspected abuse to the state agency due to confusion over the resident's identity. The delay occurred because the DON initially interviewed the wrong resident, resulting in late notification to authorities as required by facility policy.
A deficiency was cited when a resident's care plan did not address all identified needs and lacked measurable timetables and specific actions, resulting in incomplete planning and documentation.
Staff did not consistently cover clean linens during transport or storage, and clean linens were left exposed in open bins and a cluttered room with the door open. Staff, including an LPN and nursing assistants, accessed these bins to retrieve linens due to supply shortages and lack of restocking, contrary to infection control expectations. The infection preventionist confirmed that clean linens should remain covered and the room door closed, but these practices were not followed.
Staff failed to ensure that pre-cooked chicken and dumplings were reheated to the required 165°F before serving, with inaccurate temperature logging and lack of adherence to manufacturer instructions. As a result, 12 residents consumed food that may not have been reheated to a safe temperature.
Staff failed to promptly report allegations and observations of verbal and mental abuse involving three residents, resulting in delayed notification to facility leadership and the State agency. Despite a policy requiring immediate reporting, incidents witnessed by staff and reported by a physician were not communicated as required, leading to deficiencies in abuse reporting procedures.
Two residents' MDS assessments were inaccurately coded, failing to reflect the administration of hypoglycemic and antianxiety medications as documented in the MAR. The responsible RN confirmed the errors after reviewing the records, noting that the medications should have been coded according to their pharmacological classification and actual administration.
The facility did not maintain comprehensive or updated care plans for three residents, including one with a urinary catheter lacking infection control interventions, one with repeated alcohol use not addressed in the care plan, and another with multiple chronic conditions whose care plan omitted key information on ADLs, discharge planning, and medication management. Staff interviews confirmed reliance on care plans for resident care, but critical information was missing.
A resident with cognitive impairment repeatedly refused bathing and personal hygiene care, resulting in poor grooming and hygiene. Staff observed that certain individualized approaches were more successful in gaining the resident's cooperation, but these strategies were not documented in the care plan or consistently used by all staff. The facility did not assess or implement alternative interventions to address the resident's ongoing refusals, and documentation of care provided, especially nail care, was inconsistent.
A resident with cognitive impairment and a history of heart failure repeatedly complained of heart pain and gastrointestinal distress. Staff administered as-needed Maalox but did not consistently document symptoms, assess whether the pain was cardiac or gastrointestinal, or notify the physician about the ongoing complaints and repeated medication use. The care plan lacked interventions for gastroesophageal reflux disease, and the medical record did not show appropriate evaluation or follow-up.
A resident with memory impairment and known hearing difficulties was not comprehensively assessed or referred for audiology services despite observed and reported issues. The care plan included interventions for hearing loss, but there was no documentation of completed hearing assessments or follow-up on a scheduled audiology appointment, and staff were unclear about routine hearing evaluations and equipment availability.
A resident with a history of indoor smoking was not reassessed for safe smoking despite multiple documented incidents of violating the facility's smoking policy. Staff and the DON acknowledged that a reassessment should have occurred, but the resident continued to have access to smoking materials and was only provided with education and reminders.
A resident with moderate cognitive impairment and multiple medical conditions, including heart failure and schizophrenia, did not receive an in-person physician visit within the required 60- to 70-day timeframe. Despite ongoing symptoms and complex medication needs, staff confirmed that the resident's last documented physician visit was over 70 days prior, and there was no system in place to ensure timely visits as required by facility policy.
A resident with cognitive impairment and a history of asthma was given a steroid inhaler by a medication aide who failed to assist with a required mouth rinse after administration, despite clear instructions on the medication label. The omission was only corrected after surveyor intervention. Interviews confirmed that staff were not recently educated or audited on this procedure, and no facility policy was provided.
A resident with heart failure and cognitive impairment was prescribed digoxin, but the facility did not act on the consulting pharmacist's recommendation to obtain a digoxin level or document a rationale for not doing so. Despite the physician indicating acceptance of the recommendation, there was no evidence in the medical record that the lab was completed, and subsequent reviews did not address the omission.
A resident with heart failure and cognitive impairment was administered digoxin daily without evidence of appropriate laboratory monitoring for digoxin levels over the past year. The care plan lacked specific guidance on digoxin monitoring, and repeated requests from the consulting pharmacist for lab checks were not fulfilled. The absence of documented digoxin level testing and a relevant facility policy contributed to the deficiency.
A resident who was eligible for a pneumococcal vaccine did not receive the recommended PCV15, PCV20, or PCV21 dose after previously receiving PPSV23, despite having consented to vaccination. The facility's process only provided influenza vaccines on-site and did not ensure timely administration of other recommended vaccines, resulting in a failure to follow CDC guidelines.
The facility did not act on or investigate multiple allegations of verbal and mental abuse involving a resident who reported being called derogatory names by a roommate, as well as two residents who reported staff verbal abuse. Despite staff and direct care workers being aware of these incidents, there was no evidence of investigation, documentation, or interventions to ensure resident safety, contrary to facility policy and staff expectations.
Survey results were stored in a locked office, making them inaccessible to residents. Two residents interviewed were unaware of the availability of these results, and the administrator confirmed the binder containing the results was kept locked due to concerns about potential damage or loss.
The facility did not complete or transmit required discharge MDS assessments to CMS for three residents who had been discharged, as confirmed by documentation and staff interview. The responsible RN cited electronic system issues and missed notifications as reasons for the oversight, and no facility policy on MDS completion was provided.
The facility did not provide the required 80 square feet per resident in 23 shared rooms, with each room offering only 77.57 square feet per resident when fully occupied. Observations and interviews revealed that rooms were set up for three residents, with some expressing concerns about space and storage. The administrator confirmed no changes to room sizes and acknowledged the potential for three residents per room, while facility policy requires informing residents of rooms that do not meet the minimum space requirement.
A resident with a history of traumatic brain injury was involved in an altercation that resulted in a fall and potential head injury. Staff responded and moved the resident from the floor to his wheelchair without performing a comprehensive assessment or using a gait belt, as confirmed by video footage and staff interviews. This action was inconsistent with facility policy and staff expectations, leading to a deficiency for not properly assessing and safely transferring the resident after an unwitnessed fall.
A resident with a history of traumatic brain injury and other conditions was sent to appointments without an escort, despite being assessed as unsafe in the community. The resident became lost and was missing for several hours before being found by a family member. Communication breakdowns among staff contributed to the oversight.
The facility failed to address a rodent infestation affecting all residents. Observations revealed that a resident was feeding mice, leading to food and feces accumulation. Staff struggled to manage the situation, and pest control measures were ineffective. The QAPI program documented the issue but lacked a plan to resolve it.
The facility failed to implement effective pest control measures, leading to a mouse infestation affecting all residents. Observations revealed mice in a resident's room, where food was left to feed them, and excess mouse feces. Staff confirmed the ongoing issue, and the maintenance director admitted to inadequate pest control efforts. The facility's pest management policy was not effectively implemented, contributing to the persistent problem.
A resident with cognitive impairment and a history of brain dysfunction was sent to an appointment without an escort and went missing for seven hours. The facility failed to notify the resident's guardian and provider in a timely manner, contrary to its policy. The resident was eventually found by a family member in a confused state downtown.
A resident with cognitive impairment and recent traumatic brain injury lost $50.00 after withdrawing it from their account. The facility failed to provide a promised lock box for the resident's personal property and did not investigate the missing money. The facility administrator acknowledged the oversight, and no policy on personal property was available.
A resident with a traumatic brain injury and cognitive impairment went missing after being allowed to attend appointments without an escort, despite being at risk for elopement. The facility staff failed to realize the resident was missing until hours later, and communication breakdowns among staff contributed to the oversight. The resident was eventually found by a family member in a downtown area, raising concerns about potential access to illicit substances.
The facility failed to prevent falls and conduct necessary neurological assessments for three residents, leading to a traumatic brain injury for one resident. Despite multiple falls, the facility did not update care plans or implement new interventions. Additionally, there was a lack of documentation and communication regarding follow-up care for another resident who fell in the community.
The facility failed to notify medical providers of changes in condition related to falls for three residents. One resident with multiple diagnoses experienced falls and a brain bleed without timely provider notification. Another resident was found on the floor, and a third fell in the community, both without provider updates. The facility's policy to notify physicians of significant changes was not followed.
The facility did not have a policy or procedure for physician delegation of tasks to physician assistants, nurse practitioners, or clinical nurse specialists. This deficiency was identified during a policy review, and the administrator confirmed the absence of such a policy, potentially affecting all 69 residents.
The facility did not have a policy for physician delegation of tasks to the dietitian, as revealed during a policy review. The administrator confirmed the absence of such documentation, potentially affecting all 69 residents.
The facility did not have a policy regarding the administrator's responsibility to report to and be accountable to the Governing Body. This deficiency was identified during a review of facility policies, and the administrator confirmed the absence of such a policy, potentially affecting all 69 residents.
The facility did not have a policy or procedure defining the responsibilities of the Medical Director, nor a position description for the role. This deficiency was confirmed by the administrator during an interview.
The facility did not notify the State Agency when the new Director of Nursing (DON) was hired, as required. This was discovered during a survey when the administrator confirmed the oversight, potentially affecting all 69 residents.
The facility failed to ensure timely physician visits for residents, with one newly admitted resident not receiving required 30-day visits and two long-term residents missing routine 60-day visits. The DON confirmed these deficiencies, and the facility lacked a policy on physician delegation of tasks.
The facility failed to report allegations of verbal abuse to the State Agency within the required timeframe. A cognitively intact resident experienced verbal abuse from a maintenance worker, which was reported nearly 48 hours later. Another resident with mild cognitive impairment reported verbal abuse by a nursing assistant, with a 16-hour delay in reporting. The facility's policy mandates reporting within two hours, which was not followed in these cases.
The facility failed to ensure that residents with personal funds accounts had timely access to their money, especially after hours and on weekends. Limited business office hours and insufficient emergency funds led to residents being unaware of their account balances and unable to access their money when needed. The administrator acknowledged that the policy was more convenient for the facility than for the residents.
The facility failed to provide quarterly statements for resident personal fund accounts for 54 of 72 residents. Interviews revealed that many residents were unaware of their account balances and had not received any statements. Facility staff showed a lack of clarity and responsibility regarding the issuance of these statements, contrary to the facility's policy.
Failure to Protect Resident From Physical Abuse by Contracted Lab Technician
Penalty
Summary
The deficiency involves the facility’s failure to protect a resident from physical abuse by a contracted laboratory technician. The resident had diagnoses including disorganized schizophrenia, dementia, a history of traumatic brain injury, and mild cognitive impairment, and was documented as rarely understood with moderately impaired cognition. The resident’s care plan identified a focus on potential for abuse, neglect, and/or exploitation related to vulnerable adult status, with interventions directing staff to follow the Vulnerable Adult (VA) policy to keep the resident free from exploitation, abuse, and/or neglect. A general condition note documented that the resident was hit at 2:00 p.m. by an external vendor, resulting in slight redness to the left cheek. Video footage from the date of the incident showed the resident sitting in a wheelchair by the elevator doors with several other residents and staff in the area. A tall male, identified by the DON as a contracted laboratory technician, approached the elevator, motioned for the resident to move back, and then stepped forward and slapped the resident’s face with an open right hand. The technician later stated he slapped the resident because the resident said something derogatory about his mother and that he would slap anyone who did so. The DON stated that a slap on the face is considered abuse and acknowledged that facility staff did not supervise laboratory technicians and that residents were supposed to be protected from abuse by contracted staff through VA abuse prevention training. The DON and administrator both stated that the facility did not provide or verify VA abuse prevention training for contracted laboratory staff, and the VA Abuse Prevention policy did not address VA abuse prevention education for contracted staff.
Failure to Implement Abuse Prevention and Verification for Contracted Lab Staff
Penalty
Summary
The deficiency involves the facility’s failure to implement and operationalize written policies and procedures to prohibit and prevent abuse, neglect, and theft by contracted staff. Video footage showed a contracted laboratory technician approach a resident seated in a wheelchair near the elevator, motion for the resident to move back, and then slap the resident’s face with an open hand in the presence of other residents and staff. The technician later stated to the ADON that the resident had said something derogatory about his mother and that he would slap anyone who did so. The ADON questioned what the technician might do in a resident room with a resident who could not speak up for themselves. Interviews with the lab supervisor, DON, and administrator revealed that contracted laboratory technicians did not receive VA abuse prevention training, and the facility did not verify VA abuse prevention education for these contracted staff before they worked with residents. The DON and administrator both stated that residents were protected from abuse by contracted staff through VA abuse prevention training, yet acknowledged that the facility neither provided this training to lab technicians nor verified that they had received it elsewhere. Review of the VA Abuse Prevention policy, revised 10/1, showed it did not address protocols for assuring verification of abuse prevention education for contracted staff, even though the policy stated the facility does not tolerate abuse or misappropriation of resident property by anyone, including staff of other agencies serving the individual.
Failure to Protect Resident from Ongoing Abuse and Inadequate Behavioral Interventions
Penalty
Summary
The facility failed to comprehensively assess, develop, or implement effective interventions to reduce the risk of ongoing physical and mental abuse between two residents. One resident with moderate cognitive impairment, schizoaffective disorder, and a history of behavioral disturbances repeatedly harassed and physically grabbed another resident, who also had moderate cognitive impairment, dementia, anxiety disorder, and a history of delusional thinking. Despite over 20 documented behavioral incidents involving the aggressor, the facility's records lacked detailed descriptions of the behaviors, the specific interventions attempted, and their effectiveness. The primary intervention used was redirection, which was consistently noted as ineffective, and there was no evidence that alternative strategies were considered or implemented. Direct care staff and medication aides reported that the aggressor persistently sought out and targeted the other resident, engaging in behaviors such as hair pulling, grabbing, and entering her room, which caused significant emotional distress. Staff interviews revealed that these incidents had been ongoing for several months, and that management was aware of the situation. However, the care plans for both residents did not include specific interventions or strategies to address the repeated interactions or to protect the victim from further harm. Documentation also showed that the aggressor's care plan lacked a behavioral focus or interventions related to her actions toward other residents. The victim experienced increasing anxiety and distress as a result of these interactions, leading to multiple calls to 911, involvement of law enforcement, and eventual hospitalization for psychiatric care. Despite these outcomes and repeated documentation of the aggressor's behaviors, the facility did not conduct a comprehensive assessment or implement effective interventions to ensure the victim's safety. The facility's abuse prevention policy required identification and investigation of patterns or trends that may constitute abuse, but there was no evidence that the ongoing incidents were reported or investigated as potential abuse, nor that the required immediate interventions were put in place.
Failure to Timely Report Resident-to-Resident Abuse Resulting in Psychosocial Harm
Penalty
Summary
The facility failed to immediately report a resident-to-resident physical altercation to the State agency as required. One resident, who had moderate cognitive impairment and a history of anxiety, delusional thinking, and psychiatric disorders, was repeatedly subjected to hair pulling and grabbing by another resident. Progress notes and staff interviews confirmed that these behaviors had been ongoing for several months, with staff attempts at redirection proving largely ineffective. The affected resident expressed fear and agitation as a result of these incidents, which ultimately contributed to her psychiatric hospitalization. Despite multiple documented incidents and staff awareness of the ongoing interactions, the facility did not report the altercation or the resident's reaction to the State agency within the mandated two-hour timeframe. Staff and management interviews revealed that the events were not recognized as reportable abuse, even though the facility's own policy defined abuse to include nonverbal contact causing fear or mental anguish. The care plan for the affected resident did not include specific interventions related to the other resident's behaviors, and staff had not been provided with new strategies to address the situation. The facility's Vulnerable Adult Abuse Prevention Policy required immediate reporting and investigation of all allegations of potential abuse, including those causing mental anguish. However, the ongoing pattern of physical and psychological distress experienced by the resident was not reported as required, and the facility did not initiate a formal investigation using its Behavioral Assessment Form. Staff interviews confirmed that management was aware of the situation, but no action was taken to escalate or report the incidents to the appropriate authorities.
Failure to Provide Prescribed Diet Results in Fatal Choking Incident
Penalty
Summary
A resident with a history of schizophrenia, diabetes, major depression, obsessive-compulsive personality disorder, and lung disease was assessed as having mild cognitive impairment and required moderate assistance with eating. The resident was on a prescribed Level 1 Dysphagia pureed diet, which required smooth, pudding-like food textures to prevent choking. There were no prior issues with choking while the resident was maintained on this diet. On the day of the incident, a registered nurse assisted the resident in purchasing a sticky bun from a vending machine, despite the resident's dietary restrictions. The nurse did not consider the resident's ordered diet at the time of the purchase. After receiving the sticky bun, the resident began eating it in the dining room, subsequently started to choke, became unresponsive, and fell from his chair. Staff initiated CPR and emergency services were called. Food was found lodged in the resident's throat and was removed during resuscitation efforts. The resident was transported to the hospital, where he was found to have suffered a witnessed aspiration event, cardiac arrest, cervical and rib fractures, anoxic brain injury, and seizure activity. He was later placed on comfort care and pronounced brain dead. The failure to adhere to the prescribed pureed diet and the provision of an inappropriate food item directly led to the choking incident and subsequent fatal outcome.
Removal Plan
- Vending machines were locked in the conference room.
- No staff would assist a resident to get food out of the vending machine.
- If a resident requested an item against his prescribed diet orders, staff would notify the charge nurse, offer a safe snack, and always verify the diet before offering food or drink.
- All snacks for residents must be approved by the dietician and come from dietary services.
- Facility policy updated to require staff to check resident's code status prior to performing CPR, initiate CPR if full code, call 911, and remove visible obstruction during every pulse check.
- Staff are re-educated on choking procedures annually.
- Nursing and dietary staff receive additional training regarding the different types of mechanical soft diets, where to find a resident's diet type, and feeding assistance/aspiration prevention techniques.
- DON completed random diet order checks for ten residents twice a week.
Failure to Protect Residents from Abuse and Neglect
Penalty
Summary
A deficiency was identified regarding the facility's failure to protect each resident from all types of abuse, including physical, mental, sexual abuse, physical punishment, and neglect by any individual. The report notes that residents were not adequately safeguarded from these forms of mistreatment, indicating lapses in the facility's responsibility to ensure resident safety and well-being. Specific details about the actions or inactions that led to the deficiency, as well as information about the residents involved or their medical conditions at the time, are not provided in the report.
Failure to Maintain Accident-Free Environment and Adequate Supervision
Penalty
Summary
A deficiency was identified due to the failure to ensure that a specific area within the facility was free from accident hazards and that adequate supervision was provided to prevent accidents. The report notes that the environment did not meet safety standards, which resulted in the presence of accident hazards and insufficient oversight to protect residents from potential harm. No additional details regarding the specific nature of the hazards, the supervision provided, or the condition of any residents involved are included in the report.
Delayed Reporting of Suspected Sexual Abuse Due to Resident Misidentification
Penalty
Summary
The facility failed to immediately report an allegation of sexual abuse involving two residents, one of whom was cognitively impaired, to the state agency as required. The incident occurred when a cognitively intact resident was found engaging in a sexual act with a cognitively impaired resident, with an allegation that a cigarette was offered in exchange for sex. The cognitively impaired resident had a care plan indicating vulnerability to abuse, neglect, or exploitation. Upon discovery, there was confusion among staff regarding the identity of the involved resident, leading to an initial interview with the wrong individual who was alert and oriented. The Director of Nursing (DON) did not realize the correct resident involved was cognitively impaired until later the following day, at which point the appropriate internal and external notifications were made, including contacting the police, case manager, and responsible party. The DON acknowledged that the report to the state agency was delayed due to the confusion over resident identity and confirmed that the incident should have been reported immediately as per facility policy. The facility's policy requires immediate internal reporting of suspected mistreatment of vulnerable adults.
Incomplete Care Plan Development and Implementation
Penalty
Summary
A deficiency was identified due to the failure to develop and implement a complete care plan that addresses all of a resident's needs. The care plan lacked measurable timetables and specific actions, resulting in incomplete documentation and planning for the resident's care requirements. This omission was observed during the review of resident records, where it was noted that the care plan did not comprehensively cover the resident's needs as required.
Failure to Properly Handle and Store Clean Linens for Infection Control
Penalty
Summary
The facility failed to ensure that laundry was handled and transported in a manner that would prevent the spread of infection. Observations and interviews revealed that staff did not wear gowns when handling dirty laundry, only gloves and masks. Clean linens and personal laundry were transported to resident floors in large, uncovered bins and metal carts, and were not covered during transport. In one unoccupied room with an open door to the hallway, multiple open-top bins containing clean linens were found, with linens exposed and some scattered within the bins. Additional clean linens were stacked on top of an armoire alongside various medical equipment, and the room was cluttered with both clean and soiled items. Staff were observed entering this room to retrieve linens due to supply shortages and lack of assigned personnel to restock the linen closet, resulting in staff rummaging through the bins for needed items. Interviews with staff, including nursing assistants and LPNs, confirmed that the room intended for clean linen storage was often used inappropriately, with clean linens left uncovered and the door left open. The infection preventionist acknowledged that the expectation was for all clean linen to remain covered and for the room door to be closed, but confirmed that reeducation was needed. The facility's infection control policy required active efforts to control and prevent communicable diseases, but these practices were not consistently followed, potentially affecting all 70 residents in the facility.
Failure to Reheat Food to Safe Temperature Prior to Service
Penalty
Summary
The facility failed to ensure that food was reheated to the appropriate temperature as required by both manufacturer instructions and professional standards. During meal preparation, a cook removed multiple bags of chicken pot pie filling from a steam cooker, mixed them, and did not take the temperature at that time. Later, the cook was observed taking the temperature of the chicken and dumplings at the steam table, which measured 90°F, significantly below the required 165°F. The director of nutritional services (DNS) then reheated the food in the oven, but it only reached 145.3°F before being served to residents. The temperature log indicated a reading of 170°F, but both the cook and DNS could not confirm when or how this measurement was taken, and the DNS suspected the log entry was inaccurate. Further review revealed that the DNS was unaware of the manufacturer's instructions requiring the food to be reheated to 165°F and acknowledged uncertainty about whether this protocol was being followed. The cook admitted she was never sure the food had reached the required temperature and had only assumed it was 170°F. Additionally, when asked, the facility was unable to provide a policy regarding reheating food. As a result, 12 residents consumed food that may not have been reheated to a safe temperature, contrary to established standards and protocols.
Failure to Timely Report Allegations of Verbal and Mental Abuse
Penalty
Summary
The facility failed to ensure that allegations of verbal and/or mental abuse were reported to the administrator and State agency (SA) in a timely manner for three residents who reported or were observed to have experienced potential abuse. One resident, who had intact cognition but demonstrated delusional thinking, reported feeling abused by her roommate, who allegedly called her derogatory names and swore at her. The resident stated she had not reported the abuse previously, and a nursing assistant confirmed overhearing the roommate calling the resident names about a month prior but did not report it, assuming nurses present had witnessed it as well. There was no evidence that this allegation was reported to the SA until the surveyor brought it to the attention of the administrator and DON, who were previously unaware of the situation. Two additional residents, both with intact cognition and various medical and psychiatric diagnoses, were involved in separate incidents where a facility physician reported allegations of staff verbal abuse to the DON. The physician's progress notes indicated that one resident was called a derogatory name by an unknown staff member and was left uncomfortable and agitated, while the other resident experienced rudeness from staff. Although the DON was informed of these allegations, he did not report them to the SA, and the administrator was not made aware until later, during the survey process. The facility's Vulnerable Adult Abuse Prevention Policy defined verbal and mental abuse and required mandated reporters to immediately report any knowledge or belief of abuse to the administrator, DON, or their designee. Despite this policy, staff failed to report witnessed or alleged abuse in a timely manner, resulting in delayed notification to both facility leadership and the State agency, as required by regulation and facility policy.
Inaccurate MDS Coding for Administered Medications
Penalty
Summary
The facility failed to ensure the Minimum Data Set (MDS) was accurately coded regarding the administration of specific medications for two residents. For one resident, the MDS indicated that no hypoglycemic medications were administered during the assessment period, despite the Medication Administration Record (MAR) showing that semaglutide, a hypoglycemic medication used for diabetes mellitus, was given within the review period. For another resident, the MDS recorded that no antianxiety medications were administered, while the MAR documented that buspirone, an anxiolytic medication, was given multiple times during the same period. These discrepancies were confirmed through interviews with the registered nurse responsible for completing the MDS, who acknowledged the errors after reviewing the medical records. The nurse verified that the medications in question should have been coded on the MDS based on their pharmacological classification and actual administration as documented in the MAR. The facility did not provide a policy on MDS completion and accuracy when requested.
Failure to Maintain Comprehensive and Updated Care Plans for Multiple Residents
Penalty
Summary
The facility failed to ensure that comprehensive and up-to-date care plans were developed and implemented for three residents, resulting in deficiencies related to continuity of care. For one resident with a long-term indwelling urinary catheter, the care plan did not include Enhanced Barrier Protection (EBP) measures as recommended by CDC guidelines for residents at high risk of multidrug-resistant organism (MDRO) transmission. Observations confirmed the absence of PPE signage or equipment outside the resident's room, and staff interviews revealed reliance on care plans for guidance, yet the necessary infection control interventions were not documented or implemented. Another resident with diagnoses of alcoholic cirrhosis and alcohol dependence had multiple documented episodes of alcohol use within the facility, including possession and consumption of alcohol in their room. Despite repeated incidents and staff awareness, the care plan did not address the resident's substance use, associated risks, or interventions for monitoring and assessment. Staff interviews confirmed that care plans are used to inform monitoring practices, but the lack of documentation meant new or unfamiliar staff would not have clear guidance on managing the resident's ongoing alcohol use. A third resident with multiple chronic conditions, including diabetes, depression, and hypertension, as well as an active discharge plan, had a care plan that lacked essential information. The care plan did not address the resident's abilities with activities of daily living (ADLs), use of assistive devices, discharge planning, medication management, or the management of their medical and psychiatric diagnoses. Interviews with staff and the director of nursing confirmed that these omissions were inconsistent with facility policy and expectations for comprehensive care planning.
Failure to Assess and Develop Interventions for Resident Refusing Personal Hygiene Care
Penalty
Summary
The facility failed to comprehensively assess and develop individualized interventions to promote acceptance of bathing and personal hygiene care for a resident with impaired memory and cognitive function. The resident was observed to be disheveled, with greasy hair, soiled and long fingernails, and a visible brown substance on his hands. Documentation showed a pattern of the resident refusing showers and personal hygiene care, with staff offering alternative methods such as basin and wipes, which were also refused. Despite these repeated refusals, there was no evidence in the medical record that the facility had assessed or evaluated alternative approaches to facilitate the resident’s acceptance of care. Interviews with staff revealed that some nursing assistants had more success with the resident by using specific approaches, such as offering care when the resident returned from smoking or having the shower water running and hot. However, these successful strategies were not documented in the care plan, and other staff did not consistently re-approach the resident to provide care. Staff also noted that nail care was not consistently offered or documented, and there was uncertainty about whether it was being performed or recorded appropriately. The resident’s care plan identified a need for assistance with personal hygiene and bathing due to mental illness and impaired cognition, and set a goal for the resident to be clean and well-groomed. However, the care plan lacked specific interventions or strategies to address the resident’s repeated refusals or to promote acceptance of care. The facility’s personal hygiene policy required assistance based on individual needs and preferences but did not address how to manage or evaluate repeated refusals of care.
Failure to Assess and Act on Repeated Chest Pain Complaints
Penalty
Summary
The facility failed to adequately assess and respond to repeated complaints of pleuritic and gastrointestinal distress, specifically heart pain, for a resident with moderate cognitive impairment and significant medical history including heart failure and use of anticoagulants. The resident had a standing as-needed order for Maalox to treat indigestion or heartburn, which was administered multiple times by staff. However, documentation in the medical record did not consistently include the symptoms prompting administration, nor did it provide evidence of assessment to distinguish between cardiac and gastrointestinal causes of the pain. Vital signs and symptom characteristics were not always recorded, and there was a lack of follow-up to determine the effectiveness of the intervention or to reassess the resident after medication was given. Staff interviews revealed that the resident had a history of voicing complaints such as "my heart hurts" and "my stomach hurts" over a long period, with staff typically providing Maalox in response. Some staff reported occasionally taking vital signs, but not consistently with each complaint. There was also uncertainty among staff regarding whether the resident's physician was aware of the ongoing symptoms, despite the repeated use of as-needed medication. The care plan included interventions for cardiac and respiratory conditions but did not address the resident's gastroesophageal reflux disease or provide specific interventions for this diagnosis. The medical record lacked evidence that the resident's symptoms were evaluated in real-time or retrospectively to determine their cause, nor was there documentation that the physician or medical team had been notified about the persistent symptoms and repeated use of as-needed medication. The director of nursing confirmed that the expected process for assessment, documentation, and physician notification was not followed, and acknowledged that the medical record did not reflect appropriate evaluation or communication regarding the resident's ongoing complaints.
Failure to Assess and Address Resident's Hearing Concerns
Penalty
Summary
A deficiency occurred when the facility failed to act upon and assess a resident's voiced complaints and observed difficulties with hearing. The resident, who had impaired memory and was identified as hard of hearing, was observed struggling to hear during interactions and did not use hearing aids. The care plan acknowledged the resident's hearing issues and included interventions such as minimizing background noise and offering an audiology appointment. Despite these interventions, there was no evidence in the medical record that a comprehensive hearing assessment was completed or that the resident was evaluated for potential reversible causes of hearing loss, such as earwax buildup. Staff interviews revealed that hearing assessments were only performed if a complaint was made and not on a routine basis, and there was uncertainty about the availability of necessary equipment for ear examinations. Additionally, although a family member requested an audiology appointment and documentation indicated that one was scheduled, there was no evidence that the appointment was completed, refused, or rescheduled. The facility's documentation lacked follow-up regarding the outcome of the scheduled audiology appointment, and no policy on hearing evaluations was provided when requested. These inactions resulted in the resident's hearing concerns not being adequately addressed, despite both family and staff noting ongoing hearing difficulties.
Failure to Reassess Resident After Multiple Indoor Smoking Incidents
Penalty
Summary
The facility failed to ensure that a resident who had multiple incidents of smoking indoors was reassessed for safe smoking, as required by policy. The resident, who was cognitively intact and independent with activities of daily living, had a care plan and assessment indicating she was a safe smoker and only smoked in designated areas. However, progress notes documented at least three separate incidents over a period of 6-7 months where the resident was found smoking in her room, in violation of the facility's smoking policy. On each occasion, the resident was educated on the risks and signed the smoking policy, but no reassessment for safe smoking was conducted. Observations showed the resident kept a significant number of cigarettes and a lighter at her bedside. Staff interviews confirmed awareness of the resident's indoor smoking incidents and indicated that, while staff would sometimes hold onto smoking materials and provide education, the resident was still able to access her own cigarettes. The social services designee and DON both acknowledged that a reassessment should have occurred after the incidents, but it was not completed. The facility's policy required immediate action and reporting when indoor smoking was observed, but this was not fully implemented in the resident's case.
Failure to Ensure Timely Physician Visits for Resident with Complex Medical Needs
Penalty
Summary
The facility failed to ensure that a resident received timely in-person physician visits as required, specifically every 60 to 70 days, to promote continuity of care and reduce the risk of disease complications. The resident in question had moderate cognitive impairment and multiple medical conditions, including non-traumatic brain dysfunction, heart failure, and schizophrenia, and was prescribed several medications such as antipsychotics and anticoagulants. Despite these complex needs, the medical record showed that the last in-person physician visit was documented over 70 days prior, with the most recent psychiatric progress note dated more than three months earlier. The facility's own policy required physician visits at least every 60 days after the initial 90-day period post-admission. Observations and interviews revealed that the resident had ongoing symptoms, such as chest pain, and was receiving medications for these complaints. Staff, including the DON and consulting pharmacist, confirmed that the resident's primary care was managed by a VA provider and that there was a lapse in scheduling and tracking required physician visits. The DON acknowledged that the resident had not been seen by a physician in the required timeframe and that the facility did not have a system in place to ensure compliance with the 60-day visit requirement, resulting in the resident not being seen as needed.
Failure to Ensure Proper Mouth Rinse After Steroid Inhaler Administration
Penalty
Summary
Staff failed to implement manufacturer-directed steps to prevent post-administration complications for a resident receiving a steroid-infused inhaler. During a medication administration observation, a trained medication aide provided a resident with a mometasone furoate (Asmanex) inhaler, which was clearly labeled with instructions to rinse the mouth thoroughly after each use. The aide administered the inhaler but did not offer or assist the resident with a mouth rinse before proceeding to give oral medications. The omission was only identified when the surveyor intervened and questioned the aide, who then acknowledged forgetting the step and subsequently assisted the resident with rinsing. The resident involved had moderate cognitive impairment and a history of pneumonia and asthma, as documented in their quarterly MDS. Interviews with the DON and consulting pharmacist confirmed that a mouth rinse should be completed after using an inhaled corticosteroid to prevent oral thrush, and that such instructions should be visible on the MAR for staff reference. The facility did not provide a policy on metered-dose or steroid-infused inhaler use, and there was no evidence of recent staff education or audits regarding proper inhaler administration procedures.
Failure to Act on Pharmacist's Recommendation for Digoxin Level Monitoring
Penalty
Summary
The facility failed to ensure that consulting pharmacist recommendations for laboratory monitoring of a resident receiving digoxin were acted upon and addressed in a timely manner. A resident with moderate cognitive impairment, heart failure, and schizophrenia was prescribed digoxin for chronic diastolic heart failure, with daily administration documented and pulse checks recorded. The resident's care plan included general interventions for cardiac complications but did not specify how or when digoxin levels should be monitored. The consulting pharmacist identified the absence of a digoxin level in the medical record and recommended obtaining a digoxin level and basic metabolic panel. Although the physician indicated acceptance of the recommendations, there was no documentation that the digoxin level was obtained or that a rationale was provided for not doing so. Subsequent medication regimen reviews by the consulting pharmacist did not identify further irregularities, but the medical record continued to lack evidence of digoxin level monitoring. Interviews with the DON and consulting pharmacist confirmed that the recommendation for laboratory monitoring was not addressed, and there was no follow-up or documentation explaining the omission. The facility was unable to provide a policy on consulting pharmacist recommendations, and the process for ensuring such recommendations were implemented was not clearly documented or followed.
Failure to Monitor Digoxin Levels in Resident Receiving Cardiac Glycoside
Penalty
Summary
The facility failed to ensure that a resident's drug regimen was free from unnecessary drugs by not appropriately monitoring the resident's use of digoxin, a cardiac glycoside medication. The resident, who had moderate cognitive impairment and multiple medical conditions including heart failure and schizophrenia, had been prescribed digoxin for chronic diastolic congestive heart failure. Despite ongoing daily administration of the medication, there was no evidence in the medical record that a digoxin level had been checked or obtained within the last 12 months. The care plan did not specify how often digoxin levels should be monitored, and the facility was unable to provide documentation of any recent laboratory testing for digoxin levels. Observations and interviews revealed that the resident had experienced chest pain, which staff attributed to heartburn, and that the consulting pharmacist had repeatedly requested digoxin level checks without success. The director of nursing confirmed the absence of digoxin level results in the medical record and acknowledged the need for such monitoring. The facility also failed to provide a policy on medication management and monitoring when requested. These actions and omissions resulted in a lack of appropriate monitoring for potential digoxin toxicity, as required by standard care practices.
Failure to Administer Recommended Pneumococcal Vaccine
Penalty
Summary
The facility failed to implement current standards for pneumococcal vaccination for one resident over the age of [AGE]. According to the resident's electronic medical record, the only pneumococcal vaccine received was PPSV23, administered in 2011. The CDC recommends that individuals over a certain age receive at least one dose of PCV15, PCV20, or PCV21 at least one year after the last PPSV23 dose. The resident's immunization record did not show any additional pneumococcal vaccines, and the vaccine consent or declination form did not indicate whether the resident consented to or refused the vaccine. During an interview, the infection preventionist confirmed that all residents should be offered influenza, pneumococcal, and COVID vaccines upon admission, but the facility only provided the influenza vaccine on-site and sent residents out for the other two. The infection preventionist also confirmed that the resident had consented to the pneumococcal vaccine and was due for it, but was not yet on the list to receive it. The facility's immunization policy states that it will follow CDC and state recommendations, but this was not followed in the case of this resident.
Failure to Investigate and Respond to Allegations of Verbal and Mental Abuse
Penalty
Summary
The facility failed to respond appropriately to allegations of verbal and/or mental abuse for three of four residents reviewed. One resident, who had intact cognition but demonstrated delusional thinking, reported feeling abused by her roommate, who allegedly called her derogatory names and swore at her. The resident stated she did not always feel safe in her room and had not reported the incidents previously. A nursing assistant confirmed overhearing the roommate calling the resident names in the dining room about a month prior, but did not report the incident, assuming nurses present had witnessed it as well. There was no evidence in the care plan or medical records that the facility had investigated these allegations or implemented interventions to ensure the resident's safety, despite the behavior being witnessed by direct care staff. Additionally, two other residents reported allegations of staff verbal abuse, which were submitted to the State Agency by the facility physician. Both residents had intact cognition and various medical and psychiatric diagnoses. Progress notes indicated that the director of nursing (DON) was informed of the allegations, but there was no documentation of an investigation or any follow-up in the electronic medical record. Interviews with the residents revealed that they felt staff were rude or had made derogatory statements, but they were unable to identify the specific staff member or the timing of the incidents. The DON acknowledged being informed of the allegations but admitted to failing to initiate or document an investigation. Interviews with facility staff, including medication aides and LPNs, confirmed the expectation that all allegations or observations of abuse should be reported immediately to management for investigation. However, the administrator and DON both stated they were unaware of the allegations until informed by others, and no investigation or documentation was completed as required by facility policy. The facility's abuse prevention policy outlined the need for immediate assessment and investigation upon receiving a report, but this was not followed in these cases.
Survey Results Not Readily Accessible to Residents
Penalty
Summary
The facility failed to ensure that state survey results were kept in a location that was readily accessible to all residents. During interviews, one resident with intact cognition and another with severely impaired cognition both confirmed they were unaware that survey results were available for them to read, with the cognitively intact resident expressing interest in viewing them. Observation revealed that the survey results were stored in a binder inside a locked office at the first-floor nursing station, and the administrator stated that the binder had been kept there since his tenure began due to concerns about residents potentially taking or damaging the binder. A policy regarding the posting of survey results was requested but not provided.
Failure to Complete and Transmit Discharge MDS Assessments Timely
Penalty
Summary
The facility failed to ensure that discharge Minimum Data Set (MDS) assessments were completed and transmitted to the Centers for Medicare and Medicaid Services (CMS) database in a timely manner for three residents. According to the CMS Long-Term Care Facility Resident Assessment Instrument 3.0 User's Manual, discharge assessments must be transmitted within 14 calendar days of the MDS completion date. For each of the three residents, documentation showed that they had been discharged from the facility, with corresponding progress notes indicating their discharge status, such as leaving against medical advice, not returning from a leave of absence, or being discharged to another care center. Despite these discharges, the medical records for all three residents lacked evidence that a discharge MDS had been started, completed, or transmitted to CMS, even though several months had passed since their discharge dates. During an interview, the registered nurse responsible for MDS completion confirmed that the discharge MDS assessments for these residents had not been completed, citing issues with the electronic system and missed notifications of resident discharges. The facility was unable to provide a policy on MDS completion when requested.
Shared Resident Rooms Below Minimum Square Footage Requirement
Penalty
Summary
The facility failed to ensure that shared resident rooms provided the required minimum of 80 square feet per resident, as mandated for multiple occupancy rooms. Specifically, 23 rooms were identified as having only 232.72 square feet total, resulting in 77.57 square feet per resident when three residents occupied the space. Documentation and direct observation confirmed that these rooms either currently housed three residents or were set up to accommodate three, affecting all 69 residents who currently or potentially could occupy these rooms. The Aspen Central Office database also indicated that the facility had shared rooms below the required square footage, and no construction or room size changes had occurred since the previous survey. During interviews, one resident expressed confusion and dissatisfaction about sharing a room with two others, stating the space felt suitable for only one person. Another resident reported having enough space for her bed but noted insufficient closet and storage space, with all three closet cubbies observed to be overflowing. The administrator acknowledged that all rooms were the same size and that three residents could be assigned per room, and stated there had been no complaints from current residents about the room arrangements. Facility policy indicated that residents are informed if a room does not meet the 80 square foot minimum requirement.
Failure to Assess and Safely Transfer Resident After Unwitnessed Fall
Penalty
Summary
The facility failed to comprehensively assess and appropriately transfer a resident following an unwitnessed fall with potential head injury. The resident, who had a history of traumatic brain injury and used a manual wheelchair, was involved in an altercation with another resident, resulting in his wheelchair being flipped backward and the resident striking the back of his head on the elevator floor. Progress notes indicated that the resident complained of head pain and was later sent to the hospital for evaluation, but initial on-site assessment documented no apparent injury. Video footage of the incident revealed that three staff members responded quickly, but two staff members manually assisted the resident off the ground and into his wheelchair without performing a comprehensive assessment or using a gait belt, contrary to facility policy and staff statements. Interviews with the DON, TMA, and LPN confirmed that the expected protocol was to conduct a full assessment—including range of motion, head and body checks, vital signs, and neurological checks—before moving the resident. However, the video evidence showed that these assessments were not completed prior to transferring the resident. Facility policy required a nurse to assess the seriousness of any accident or incident, especially those involving unwitnessed falls or potential head injuries, and to document vital signs and neurological checks. The policy did not specifically address the method of transferring a resident after a fall, but staff and leadership interviews consistently stated that a comprehensive assessment should occur before any movement. The failure to follow these procedures led to the deficiency cited in the report.
Resident Elopement Due to Lack of Supervision
Penalty
Summary
The facility failed to ensure comprehensive assessments and interventions were implemented for a resident who was assessed to be unsafe in the community and at risk of elopement. This deficiency resulted in an immediate jeopardy situation when the resident left the facility without supervision for appointments, became lost, and was gone for over five hours before staff were aware. The resident was eventually found by a family member outside a hospital in a highly trafficked area. The resident had a recent diagnosis of traumatic brain injury, diabetes, schizoaffective disorder, seizure disorder, and substance abuse issues. Despite being identified as at risk for elopement and requiring an escort, the resident was sent to appointments without supervision. The facility's social worker had verbally informed the medical records staff that the resident needed an escort, but there was a communication breakdown, and the resident attended appointments unsupervised. Interviews with facility staff revealed that the resident's absence was not noticed until hours after the scheduled appointments. The director of nursing was informed late in the evening, and a missing person report was filed. The facility's policy required assessments and care plans to be updated for residents at risk of wandering, but these procedures were not effectively followed, leading to the resident's unsupervised departure.
Removal Plan
- Ensuring R1 was care planned to require an escort while in the community.
- All residents were re-assessed for need for an escort while in the community and care plans were updated accordingly.
- All nursing staff were educated regarding appointment/escort procedures.
- All residents with any significant change in condition had elopement risk assessments completed.
- Any resident deemed for elopement risk had interventions in place and care planned for elopement.
- A list of residents requiring escorts was newly posted at each nurse's station.
- The facility social worker was educated to update the list of residents requiring escorts when changes requiring supervision by an escort were required.
Rodent Infestation and Inadequate Pest Control Measures
Penalty
Summary
The facility failed to adequately address and monitor a known rodent infestation, which affected all 68 residents. Interviews and observations revealed that residents, including R3 and R4, frequently encountered mice in their rooms. R3 was observed feeding the mice, which led to an accumulation of food and mouse feces in her room. Staff were aware of R3's behavior but struggled to manage it effectively, as R3 resisted their attempts to clean her room. The maintenance director was aware of the issue but did not have a comprehensive plan to address it. The facility's pest control measures were insufficient, relying primarily on sticky traps that were ineffective. The maintenance director admitted to placing traps in rooms where mice were found but lacked a systematic approach to track and change them. The pest control company was supposed to provide monthly services, but there was a lack of communication and coordination between the facility and the company. The pest control company had not visited the facility since August, and the maintenance director was unaware of the specifics of their services. The facility's Quality Assessment and Performance Improvement (QAPI) program failed to address the rodent issue effectively. Despite documenting the presence of mice in their quarterly reports, there was no plan to reduce or eliminate the problem. The administrator acknowledged the deficiency and recognized the need for a more proactive approach, but at the time of the report, no effective measures had been implemented.
Failure to Implement Effective Pest Control Measures
Penalty
Summary
The facility failed to implement effective and timely pest control measures to address a mouse infestation, affecting all 68 residents. Observations and interviews revealed that mice were frequently seen on the second floor, particularly in a resident's room where food was intentionally left to feed them. The room was found to have an excess of mouse feces and food debris, indicating a severe infestation. Staff members, including a trained medical assistant and a licensed practical nurse, confirmed the presence of mice and the resident's habit of feeding them, which had been ongoing for a significant period. Interviews with other residents and staff highlighted the widespread nature of the problem. Another resident reported seeing mice coming from baseboard heaters and expressed frustration with the ineffective sticky traps used by the facility. The maintenance director admitted to placing traps and using steel wool to block holes but lacked a systematic approach to tracking and addressing the infestation. The director also acknowledged the limited involvement of the pest control company, which had not visited the facility since August 2024. The facility's pest management policy outlined responsibilities for the maintenance director, including coordinating with pest control contractors and recording pest sightings. However, the policy was not effectively implemented, as evidenced by the ongoing mouse problem and the lack of regular pest control services. The director of nursing was unaware of the severity of the issue, particularly the presence of mice in a resident's bed, which could have implications for resident health and safety.
Failure to Notify Guardian and Provider of Missing Resident
Penalty
Summary
The facility failed to provide timely notification to a provider and guardian for a resident who went missing after being sent to an appointment without an escort. The resident, who had a history of non-traumatic brain dysfunction, cognitive impairment, and was not safe in the community, was missing for seven hours. The resident's care plan indicated that he should not leave the facility without an escort due to his cognitive impairment and risk for falls. Despite this, the resident was sent to an appointment alone and was found by a family member in a confused state, wandering downtown. The facility's staff did not realize the resident was missing until two and a half hours after his scheduled medication time, as they were unaware of his return time from the appointment. The family member was not notified of the resident's disappearance until several hours later, and the nurse practitioner was informed weeks after the incident. The facility's policy required immediate notification of significant changes in a resident's condition to the physician and designated contacts, which was not followed in this case.
Failure to Protect Resident's Property and Provide Lock Box
Penalty
Summary
The facility failed to protect a resident's property from loss or theft and did not provide a lock box for personal property and/or monies, resulting in the loss of $50.00. The resident, who had a recent traumatic brain injury and memory issues, withdrew $50.00 from his account after returning from the hospital. The resident's family member expressed concern about the facility allowing the withdrawal given the resident's cognitive impairment and noted that the promised lock box was never provided. Despite being informed of the missing money, the facility did not investigate the loss or implement measures to prevent future occurrences. The resident's medical history included non-traumatic brain dysfunction, diabetes mellitus, asthma, anxiety, and schizophrenia, with a care plan indicating cognitive impairment and a history of substance abuse. Interviews with facility staff confirmed the withdrawal and the lack of clarity on how the money was spent. The facility administrator acknowledged awareness of the unaccounted money and agreed that a lock box should have been provided. No policy related to personal property was available at the end of the survey.
Failure to Timely Report Missing Resident with Cognitive Impairment
Penalty
Summary
The facility failed to timely report an allegation of a missing resident, identified as R1, who had a traumatic brain injury and was cognitively impaired. R1 was at risk for elopement and was not safe in the community without an escort. Despite this, R1 was allowed to attend appointments without an escort, leading to his disappearance. The facility's Wandering and Elopement Risk Assessment and Care Plan both indicated that R1 required an escort for safety, but this was not communicated effectively among staff. On the day of the incident, R1 left for appointments at a hospital but did not return as expected. The facility staff did not realize R1 was missing until 7:30 p.m., despite R1 being scheduled to receive medications at 5:00 p.m. The staff assumed R1 was still at his appointments and did not verify his return time. It was only after a family member found R1 in a downtown area that the facility was notified of his whereabouts. The family member expressed concerns about R1's mental state and potential access to illicit substances due to his history of substance abuse. Interviews with facility staff revealed communication breakdowns regarding R1's need for an escort. The social worker claimed to have informed the medical records staff, who did not receive a clear answer. The director of nursing was notified of R1's absence after 8:00 p.m. and instructed staff to search the facility and contact the police. The facility's Vulnerable Adult Abuse Prevention Policy requires reporting within two hours of any suspected abuse or neglect, which was not adhered to in this case.
Failure to Prevent Falls and Conduct Neurological Assessments
Penalty
Summary
The facility failed to comprehensively assess and implement interventions to prevent falls for three residents, leading to an immediate jeopardy situation for one resident. This resident, diagnosed with orthostatic hypotension and impaired cognition, experienced multiple unwitnessed falls resulting in a traumatic brain injury and subarachnoid hemorrhage. Despite the falls, the facility did not conduct necessary neurological checks or update the resident's care plan to include new interventions to prevent further falls. Another resident, with diagnoses including osteoporosis and dementia, was found lying on the floor after feeling weak. Although neurological assessments were reportedly completed, there was no documentation to support this. The resident's care plan included interventions such as wearing non-skid shoes and using a call light, but these measures were not sufficient to prevent the fall. A third resident, with a history of epilepsy and head injury, fell in the community and required follow-up care, which was not documented or communicated to the primary care provider. The facility lacked a protocol for neurological assessments and did not update the fall risk assessments or care plans for any of the residents after their falls, contributing to the deficiency.
Removal Plan
- Update Fall Risk Assessment Policy and Procedure
- Update protocol for neurological assessments
- Update neurological assessment form
- Train nursing staff about new neurological assessments and post-fall procedures
- Review falls for all residents who fell
- Update care plans for residents who fell
- Perform post-fall assessments for residents who fell
- Complete Falls Risk Assessment for each resident identified
Failure to Notify Medical Providers of Resident Falls and Injuries
Penalty
Summary
The facility failed to provide timely notification to a medical provider for changes in condition related to falls or treatment after falls for three residents. One resident, with a history of schizophrenia, anxiety, depression, diabetes, and orthostatic hypotension, experienced multiple falls. After a fall near the elevator, the resident reported hitting their head, and although neuro checks were ordered, the resident refused hospital transfer initially. Later, the resident fell again, was found with low vital signs, and was eventually sent to the hospital with a brain bleed. Despite these incidents, the medical provider was not updated promptly about the resident's condition or the subsequent hospital admission. Another resident, diagnosed with schizoaffective disorder, osteoporosis, and dementia, was found lying on the floor, claiming weakness. Although neurological assessments were completed, the nurse practitioner was not notified of the fall. A third resident, with epilepsy and a history of head injury, fell in a community store and was taken to the hospital. The hospital recommended follow-up lab work, but the primary provider was not informed. The facility's policy required notifying the physician of any significant change in condition, including head trauma, which was not adhered to in these cases.
Lack of Physician Delegation Policy
Penalty
Summary
The facility failed to develop a policy and procedure for the delegation of tasks by physicians to physician assistants, nurse practitioners, or clinical nurse specialists. This deficiency was identified during a review of facility policies on 9/6/24, which revealed the absence of a procedure for physician delegation of tasks. The administrator confirmed the lack of such a policy or procedure when interviewed on the same day at 5:22 p.m. This oversight had the potential to affect all 69 residents residing at the facility.
Lack of Policy for Physician Delegation to Dietitian
Penalty
Summary
The facility failed to develop a policy and procedure for the delegation of tasks by physicians to the dietitian. This deficiency was identified during a review of facility policies, which revealed the absence of a procedure for physician delegation of tasks to the dietitian. The administrator confirmed the lack of such a policy or procedure when interviewed, indicating that no documentation could be found to address this delegation process. This oversight had the potential to impact all 69 residents residing at the facility.
Lack of Governing Body Policy
Penalty
Summary
The facility failed to establish and implement a policy regarding the responsibility of the administrator to report to and be held accountable by the Governing Body. This deficiency was identified during a review of facility policies and procedures, which revealed the absence of a policy related to the Governing Body. On September 6, 2024, the administrator confirmed that the facility did not have such a policy in place. This oversight had the potential to affect all 69 residents residing in the facility.
Lack of Medical Director Responsibilities Policy
Penalty
Summary
The facility failed to develop a policy and procedure defining the responsibilities of the Medical Director. During a review of facility policies on 9/6/24, it was found that there was no policy or procedure in place for the responsibilities of the Medical Director. Additionally, the facility lacked a position description for the Medical Director. This deficiency was confirmed by the administrator during an interview on the same day at 5:22 p.m., who acknowledged the absence of a policy addressing the Medical Director's responsibilities.
Failure to Notify State Agency of New DON
Penalty
Summary
The facility failed to notify the State Agency (SA) as required when the current Director of Nursing (DON) was hired. This deficiency was identified during an extended survey conducted on September 6, 2024, when evidence was requested to demonstrate that the SA had been informed of the new DON's hiring. The facility administrator confirmed that the SA was not notified of this change in administrative personnel, which had the potential to affect all 69 residents in the facility.
Failure to Ensure Timely Physician Visits for Residents
Penalty
Summary
The facility failed to ensure that newly admitted residents received a physician visit every 30 days for the first ninety days, as well as routine physician visits every 60 days for long-term residents. Specifically, one resident, identified as R5, did not receive the required physician visits every thirty days after admission. The clinical records showed that an NP conducted the initial visit, and the physician only examined the resident once after admission. The Director of Nursing confirmed that R5 did not receive the necessary physician visits as required for a newly admitted resident. Additionally, the facility did not ensure routine physician visits for long-term residents, as evidenced by the cases of residents R1 and R6. R1's medical records indicated a lack of routine 60-day visits and alternating visits by a physician, with the last physician visit recorded several months prior. Similarly, R6's records showed a lack of routine 60-day visits, with the physician examining the resident only twice over several months. The Director of Nursing confirmed these deficiencies, and the facility administrator acknowledged the absence of a policy addressing physician delegation of tasks.
Failure to Timely Report Allegations of Verbal Abuse
Penalty
Summary
The facility failed to report allegations of verbal abuse immediately to the State Agency as required. Two residents, identified as R1 and R3, were involved in separate incidents of verbal abuse by staff members. R1, who was cognitively intact, experienced an incident with a maintenance worker, M-A, on 6/19/24, where M-A used curse words and made threatening gestures. This incident was reported to the State Agency nearly 48 hours later, on 6/21/24. R3, who had mild cognitive impairment, reported being verbally abused by a nursing assistant, NA-A, on 6/23/24. This incident was reported 16 hours later, on 6/24/24. The facility's policy requires that any suspected or known abuse be reported within two hours. However, in both cases, the staff failed to notify the administration immediately. R2, another resident, corroborated the incident involving R1 and M-A, stating that they reported it to the administration right away. The staff development director witnessed the altercation between R1 and M-A and intervened by asking M-A to leave the facility. Despite these actions, the delay in reporting these incidents to the State Agency constitutes a deficiency in adhering to the facility's abuse prevention policy.
Failure to Ensure Resident Access to Personal Funds
Penalty
Summary
The facility failed to ensure that 54 of 72 residents with personal funds accounts had access to their funds as soon as possible to meet their individualized needs, especially after hours and on weekends. Interviews and document reviews revealed that residents and their family members were unaware of how to access funds outside of the limited business office hours. For instance, a family member expressed concern that a resident was not receiving his monthly income and was stressed about not knowing where his money was. Other residents reported difficulties in accessing their funds due to the restricted hours of the business office, which was only open from 8:00 a.m. to 9:00 a.m. on weekdays. Some residents were unaware of their account balances or how to access their money, while others had to wait in long lines during the limited window of time the office was open. The business office manager confirmed that residents could only access their funds during the specified hours and that there was limited access to the safe. On weekends, a cash box with $100 was available for emergencies, but this was insufficient for the residents' needs. The administrator acknowledged that the decision to limit access to funds was made for the convenience of the facility rather than the residents. The facility's policy indicated that residents could access funds during business hours and required advance notice for larger withdrawals, but this policy did not adequately address the residents' needs for timely access to their money. The administrator also noted that staff needed further education about resident funds and availability.
Failure to Provide Quarterly Statements for Resident Personal Fund Accounts
Penalty
Summary
The facility failed to provide quarterly statements for resident personal fund accounts for 54 of 72 residents. Interviews with residents revealed that many were unaware of their account balances and had not received any statements. For instance, a cognitively intact resident stated she did not remember getting a statement but would like one, while another resident, also cognitively intact, mentioned he had not received any statements and did not know his account balance. Other residents, including those with moderate cognitive impairments, expressed similar concerns about not receiving statements and being unaware of their financial status within the facility. One resident even mentioned a specific issue with a cigarette program due to a lack of funds and not receiving any statements, which would have been helpful for him to understand his financial situation better. Interviews with facility staff, including the business office manager (BOM), administrator, and chief financial officer (CFO), revealed a lack of clarity and responsibility regarding the issuance of these statements. The BOM indicated that the CFO was responsible for running the quarterly statements, while the CFO stated that the BOM should be sending them out. The administrator was unsure when the last statements were sent out. The facility's policy mandates that residents and/or their representatives receive a written quarterly statement, including all deposits, withdrawals, and interest, but this was not being adhered to, leading to the deficiency.
Latest citations in Minnesota
A resident with dry eye syndrome and degenerative eye disease had orders for cyclosporine ophthalmic emulsion and Refresh Tears, both scheduled at the same time. Medication records and direct observation showed a TMA instilled cyclosporine drops in both eyes and immediately followed with Refresh Tears in both eyes without waiting between medications. This practice conflicted with referenced professional guidance recommending several minutes between multiple eye drops and with the medical provider’s recommendation to wait fifteen minutes between the two ophthalmic medications. No facility policy on ophthalmic medication administration was provided when requested.
A resident with severe cognitive impairment, impaired mobility, and high fall risk was care planned to have wheelchair footrests in place at all times, with staff ensuring proper positioning and monitoring for leaning during transport. A NA transported the resident in a manual wheelchair from the shower without the footrests, and while going through the doorway the wheelchair struck the door frame, causing the resident, who was leaning forward, to fall out. The resident sustained a T12 fracture, head injury with concussion, abrasions and contusions, and multiple right-hand lacerations requiring sutures, and the DON confirmed the care plan had not been followed.
A high‑risk, immobile resident with MS and prior heel DTI developed an avoidable unstageable coccygeal pressure ulcer after staff failed to consistently assess and document skin status, did not transfer or timely provide ordered pressure‑relieving mattresses, and did not reliably perform q2h repositioning. The resident was repeatedly left on a bedpan for prolonged periods despite early reports of this issue, and the toileting care plan was not revised to a bedside commode until after the coccygeal wound had significantly worsened. Wound assessments lacked complete measurements and staging, changes in wound size and color were not promptly recognized as deterioration or reported to providers, and recommended interventions from a wound NP (including an air mattress and offloading) were not promptly implemented. As a result, the coccygeal ulcer rapidly progressed to a large, necrotic, malodorous wound requiring hospital transfer and surgical debridement.
A resident with spastic hemiplegia, muscle weakness, and moderate cognitive impairment was observed using bilateral bed grab bars for bed mobility and transfers, but the care plan did not address grab bar or side rail use. Review of the EMR showed no completed bed mobility device or side rail assessment to determine the necessity or safety of the grab bars, and no documentation that risks and benefits were discussed or that informed consent was obtained. An LPN and the ADON stated that a bed mobility device assessment is required before grab bars are installed and confirmed that no such assessment existed for this resident.
A resident with bilateral heel pressure ulcers and multiple comorbidities received wound care during which an RN removed dressings from both heels, cleansed both wounds, and wiped each heel without changing gloves or performing hand hygiene between wounds or after disposing of soiled dressings. This practice conflicted with the facility’s written wound care procedure, which requires glove removal and hand hygiene after dressing removal and after wound cleansing. In interviews, the RN, NP, and DON/IP acknowledged that hand hygiene and glove changes are expected between dirty and clean tasks and between separate wounds to prevent infection.
A resident with MS, neurogenic bladder, mobility limitations, and existing pressure injuries was identified as dependent for toileting hygiene and at risk for pressure ulcers, yet the care plan lacked an individualized toileting/incontinence plan and a defined repositioning schedule. Despite a new coccyx pressure ulcer and documentation that interventions such as increased repositioning and incontinent care were needed, the care plan was not revised for a period of time to reflect these changes. During this time, the resident sometimes fell asleep on a bedpan and remained on it until staff removed it, and staff were not initially informed that the bedpan should no longer be used. The DON later acknowledged that the care plan revisions for turning, repositioning, and toileting were delayed until after the resident’s coccyx ulcer had significantly worsened.
A resident with diabetes, Crohn’s disease, bowel incontinence, and a history of MASD on the right gluteus developed an open, painful lesion on the right gluteal area that was documented over time without complete wound characteristics, clear etiology, or timely provider notification. Wound care orders were written for a stage 3 pressure ulcer on the left buttocks, while staff reported the wound was only on the right side and applied the left‑sided orders to the right gluteal wound in the absence of specific right‑side treatment orders. The DON acknowledged discomfort with staging the wound, lack of early physician notification, and confusion over wound classification, despite a facility policy requiring comprehensive wound assessment, consistent measurement, and provider notification when treatment orders are absent.
A resident with diabetes, chronic leg ulcer, kidney transplant, and a documented gluteal wound was care-planned for Enhanced Barrier Precautions (EBP), with posted instructions requiring gown and gloves for high-contact care such as transfers and wound care. During a telehealth wound assessment, the DON donned a gown and initially performed hand hygiene but then applied gloves without hand hygiene, removed a soiled dressing from the resident’s gluteal area, discarded it, removed gloves, and applied new gloves again without performing hand hygiene between glove changes. On another occasion, during use of a sit-to-stand lift, an NA wore gown and gloves, but the DON handled the lift harness, the resident’s clothing, and assisted with the transfer and repositioning while wearing a gown but no gloves, despite EBP requirements for transfers. The DON stated EBP was only needed for catheter or wound care and not for transfers, contradicting the posted EBP instructions and facility policy.
A resident with severe dementia, psychiatric disorders, and high dependence for ADLs was verbally abused during evening care when a NA, frustrated with the resident’s crying and resistance, loudly ridiculed her as acting like a two-year-old, threatened to hit her back if struck, told her she would be sent to a locked unit, and questioned who would want to care for her when she cried like a baby. Multiple staff witnessed the loud, stern, and intimidating tone and reported it to an LPN, who recognized it as verbal abuse but did not immediately remove the NA from duty or promptly report the allegation per policy, allowing the NA to continue working on the unit. Following this incident, the resident demonstrated increased crying, combativeness, resistance to care, wandering, self-isolation, and refusal of food, fluids, and medications above baseline, with documentation of significant emotional distress and subsequent ED evaluation for aggressive behaviors and poor intake.
A resident with dementia, bilateral above‑knee amputations, vascular disease, and severe protein‑calorie malnutrition developed a wound on an amputation stump that had a dressing dated several days before any documentation or treatment orders appeared in the record. Although bath audits and nursing notes initially reported no skin issues, a later assessment described a full‑thickness stage 4 ulcer/diabetic ulcer on the stump with exposed bone, erythema/edema, slough, and moderate serosanguineous drainage. Nursing staff interviews showed no one could identify who first discovered the wound or applied the initial dressing, and there was no evidence that the wound was assessed, the provider notified, or standing orders implemented when it was first present, despite facility expectations that new wounds be promptly evaluated and reported.
Failure to Follow Professional Standards for Ophthalmic Medication Administration
Penalty
Summary
The deficiency involves the facility’s failure to follow professional standards of practice for administering ophthalmic medications to a resident with dry eye syndrome and degenerative eye disease. The resident was cognitively intact, required assistance with ADLs, and had physician orders for cyclosporine ophthalmic emulsion 0.05% one drop in both eyes twice daily and Refresh Tears ophthalmic solution one drop in both eyes four times daily for dry eyes. The administration summary showed that both eye medications were scheduled for the same time and were documented as being given at the same time on multiple dates. During a medication pass observation, a trained medication aide administered the ordered oral medications, then applied gloves and instilled one drop of cyclosporine in each eye, immediately followed by one drop of Refresh Tears in each eye, without any waiting period between the two medications. The surveyors referenced guidance from the American Academy of Allergy, Asthma, and Immunology stating that when more than one eye drop is ordered, three to four minutes should be allowed between drops in the same eye, and five to fifteen minutes should be allowed between different eye medications to prevent dilution. Interviews with the DON, pharmacy consultant, and medical provider confirmed that best practice and the provider’s recommendation were to wait between administration of cyclosporine and Refresh Tears, with the medical provider specifying a fifteen-minute interval. The facility did not provide a policy on ophthalmic medications when requested. The observed practice and documented administration times demonstrated that staff did not follow these professional standards or the medical provider’s recommended interval between the two eye medications.
Failure to Follow Wheelchair Transport Care Plan Leads to Fall With Injuries
Penalty
Summary
The deficiency involves the facility’s failure to implement care-planned fall prevention interventions for a resident at high risk for falls, resulting in a fall with injury. The resident had diagnoses including aphasia, dysphagia, muscle weakness, traumatic brain injury, and impaired mobility, with severe cognitive impairment documented on the MDS and dependence on staff for transfers and wheelchair transport. A care plan addressing wheelchair transport safety and positioning directed staff to ensure the resident was fully positioned and supported in the wheelchair prior to transport, verify footrests were in place prior to transport, and monitor for leaning, sliding, or unsafe positioning. An additional care-planned approach required wheelchair pedals to be on at all times. On the date of the incident, a nursing assistant transported the resident in a manual wheelchair from the shower room to the resident’s room without the foot pedals in place, contrary to the care plan. While being wheeled through the doorway, the wheelchair struck the door frame, causing the chair to stop and the resident, who had begun leaning forward, to fall out of the wheelchair onto the floor. Progress notes and ED documentation identified that the resident sustained a T12 vertebral fracture, a head injury with concussion, an abrasion and contusion to the head, a bruise to the left knee, and multiple lacerations to the right hand requiring sutures. The nursing assistant later acknowledged awareness that the foot pedals should have been on but did not apply them because the transport was only from the shower to the room. The DON confirmed that the resident’s care plan had not been followed when the fall occurred.
Failure to Implement and Update Pressure Ulcer Prevention and Treatment Led to Avoidable Unstageable Coccygeal Ulcer
Penalty
Summary
The deficiency involves the facility’s failure to adequately assess, monitor, and implement individualized pressure ulcer prevention and treatment interventions for multiple high‑risk residents, resulting in an avoidable, unstageable coccygeal pressure ulcer for one resident that required surgical debridement and hospitalization. The resident had primary progressive multiple sclerosis, hereditary spastic paraplegia, obesity, and pre‑existing pressure‑related deep tissue injury to the left heel, and was identified as high risk for pressure ulcers on the Braden Scale due to constant moisture, chairfast status, very limited mobility, inadequate nutrition, and friction/shear risk. Hospital records on readmission documented irritant contact dermatitis of the bilateral gluteal cleft with specific cleansing and barrier cream orders, and facility documentation showed the resident could not reposition in bed or chair and required assist of two and a full‑body mechanical lift for transfers. Despite this, the admission/readmission skin assessment and weekly skin checks lacked measurements and detailed wound characteristics for the heel ulcer and gluteal dermatitis, and the care plan did not include comprehensive, individualized interventions beyond generic repositioning and wound care orders. After a new coccyx pressure ulcer was identified and documented as a stage 2 lesion, the facility failed to promptly and accurately update the care plan and implement recommended pressure‑relieving interventions. The wound nurse practitioner on 3/5 ordered coccyx wound care, an air mattress, pressure offloading, and a dietician consult, but the care plan was not revised and there was no evidence that an air mattress was placed on the bed for nearly two weeks. The environmental services director later confirmed that when the resident was moved to a new room, the gel mattress was not transferred, and the air mattress requested on 3/17 was not actually placed until the following day, despite being marked as completed. During this period, TAR documentation showed gaps in the every‑2‑hour repositioning order, and staff interviews revealed that CNAs were unaware of which residents were on repositioning programs, were not consistently repositioning residents, and had not received recent education on pressure ulcer prevention. The DON and RN case manager acknowledged that the coccyx wound increased in size and changed color between assessments, that the bed lacked the ordered gel mattress, and that the physician was not notified of the wound’s deterioration at that time. The facility also failed to timely modify toileting and incontinence care practices despite knowledge that the resident was being left on a bedpan for extended periods. The DON reported hearing before an IDT meeting that the resident had fallen asleep on a bedpan for an undetermined amount of time, but the care plan was not revised to discontinue bedpan use and implement a bedside commode until after the coccyx wound had significantly worsened. CNAs confirmed that the resident sometimes fell asleep on the bedpan and that they were not informed she should no longer use it until after the sore had worsened. Subsequent wound assessments documented rapid progression of the coccyx wound from a small stage 2 ulcer to a large, malodorous, necrotic wound with eschar, slough, erythema, and purulent drainage, ultimately classified as an unstageable pressure ulcer. The DON, NP, PA, and medical director all indicated that the lack of a pressure‑relieving mattress, failure to adjust pressure‑reducing interventions, and prolonged time on a bedpan likely contributed to the development and deterioration of the resident’s pressure ulcer, which was determined to be avoidable and resulted in hospitalization and surgical debridement. Additional documentation and interviews showed systemic assessment and communication failures related to pressure ulcer management. Weekly skin checks and wound assessments often omitted complete measurements, staging, and wound characteristics, and changes in wound size and appearance were not consistently recognized as deterioration or communicated to providers. The DON acknowledged that a 3/12 assessment showing increased wound size and purple discoloration should have been identified as a deep tissue injury and reported to the physician, but this did not occur. When nursing later documented foul odor, increased pain, and expanding necrotic tissue, telemedicine and PA responses deferred in‑person evaluation and ED transfer despite earlier recommendations that the resident be sent to the ED if an in‑person provider could not assess the wound. The NP ultimately found a large, malodorous, purulent wound with expanding eschar and ordered transfer to the hospital, where imaging and surgical findings confirmed a large necrotic sacral wound requiring extensive debridement. Throughout this sequence, the facility did not consistently follow its own pressure ulcer protocols, did not ensure ordered pressure‑relieving equipment was in place, and did not promptly revise care plans or interventions in response to known risk factors and documented wound changes. The report also notes that other residents reviewed for pressure ulcers were affected by similar failures in monitoring and individualized intervention, though detailed narratives focus primarily on this resident. Staff interviews revealed that CNAs relied on paper care guides that did not clearly identify residents on repositioning programs or at risk for skin breakdown, and that they were unaware of some residents’ special mattress orders or toileting restrictions. The DON and medical director stated that residents at risk for pressure ulcers should have immediate pressure‑relieving interventions and that existing ulcers require ongoing evaluation to prevent deterioration, but the documented practices for this resident did not align with those expectations. These combined actions and inactions—insufficient assessment detail, delayed or missing care plan revisions, failure to implement ordered support surfaces and repositioning, and delayed response to wound deterioration—constituted the deficiency in providing appropriate pressure ulcer care and preventing new ulcers from developing.
Failure to Assess, Care Plan, and Obtain Consent for Bed Grab Bar Use
Penalty
Summary
The deficiency involves the facility’s failure to follow required procedures before installing and using bed grab bars for a resident. The resident had diagnoses including spastic hemiplegia affecting the left side and muscle weakness, and an admission MDS indicating moderate cognitive impairment. During observation, the resident was seen in a power chair with bilateral grab bars on the bed and reported using them to roll in bed and for transfers. The resident’s care plan, dated 1/23/26, documented a need for assistance with bed mobility and independence with transfers but did not mention or address the use of grab bars or side rails. Review of the electronic medical record showed no completed grab bar/side rail or bed mobility device assessment to determine the necessity of the grab bars or whether the resident could safely use them. There was also no evidence that the resident or the resident’s representative had been educated on the risks of having a grab bar on the bed or that informed consent had been obtained. In interviews, an LPN and the ADON both stated that a bed mobility device assessment was required to determine need and safety prior to installing grab bars, and both confirmed that no such assessment was present in the resident’s record.
Failure to Perform Hand Hygiene and Change Gloves During Wound Care
Penalty
Summary
Surveyors observed that a registered nurse (RN) and a nurse practitioner (NP) did not follow the facility’s established infection control practices during wound care for one resident. During a wound treatment, the RN wore gloves while removing the dressing from the resident’s left heel, then removed the dressing from the right heel, sprayed both wounds with wound cleanser, wiped the left heel with gauze, and then used a clean gauze pad to wipe the right heel. The RN did not remove her gloves or perform hand hygiene after disposing of the soiled dressings or between cleaning the left and right heel wounds, contrary to the facility’s written wound care procedure, which requires glove removal and hand hygiene after removing the previous dressing and again after cleaning the wound. The resident’s admission MDS documented diagnoses including multiple rib fractures, heart failure, dementia, anxiety, and the presence of a pressure ulcer, and indicated the resident was cognitively intact and required staff assistance with care and transfers. The resident’s care plan identified pressure ulcers on both heels requiring wound care. In interviews, the RN, NP, and the DON/infection prevention nurse each stated that gloves should be changed when moving from dirty to clean areas and that hand hygiene is expected after glove removal and between wounds to prevent infection, confirming that the observed practice did not align with facility policy or expected infection control standards.
Failure to Timely Revise Care Plan for Toileting and Skin Integrity
Penalty
Summary
The deficiency involves the facility’s failure to timely revise and individualize a resident’s care plan to address toileting and incontinence needs in relation to impaired skin integrity. The resident had diagnoses including primary progressive multiple sclerosis, hereditary spastic paraplegia, obesity, and a pressure-induced deep tissue injury to the left heel. A Significant Change MDS identified the resident as dependent for toileting hygiene, with lower extremity range-of-motion limitations, wheelchair use, dependence for transfers, occasional urinary incontinence, intact cognition, and at risk for pressure ulcers with existing unhealed pressure injuries and MASD. The resident’s skin-focused care plan, revised on various dates, included skin inspections, wound care orders, weekly skin checks, pressure ulcer care to the left heel, nutritional supplements, and a gel mattress, but did not include an individualized toileting or incontinence plan. On a weekly skin check dated 3/3/26, nursing staff identified a new Stage 2 pressure ulcer on the coccyx and contact dermatitis on both gluteal folds. An IDT Final Post Review Follow Up dated 3/10/26 (signed 3/23/26) documented that a new skin issue had occurred and that interventions after the incident included wound care treatment orders, increased repositioning, and increased incontinent care. However, the resident’s care plan from 3/3/26 through 3/16/26 did not show revisions reflecting increased incontinence care or a repositioning schedule, and the care plan was not updated to include these elements until 3/17/26. During this period, the care plan still lacked an individualized toileting plan despite the resident’s identified incontinence and new coccyx pressure ulcer. Progress notes on 3/17/26 documented that the resident’s coccyx wound had declined, with an evaluation describing a deteriorating wound characterized as a Kennedy terminal ulcer/End of Life, staged as a Stage 4 pressure ulcer, in-house acquired, with increased size, exudate, odor, pain, and surrounding erythema. On that same date, the skin focus care plan was revised to include prompt incontinence care and keeping the skin clean and dry, and the elimination focus care plan was revised to address incontinence due to neurogenic bladder with use of a bedside commode offered every 2–3 hours. A nursing assistant reported that when working with the resident, the resident would sometimes fall asleep on the bedpan and forget to ask staff to remove it, and that she was not aware the resident was not supposed to use the bedpan until after the sore had worsened. The DON stated that the resident’s care plan had not been revised earlier to include a turning and repositioning schedule or toileting changes, and that it should have been revised as soon as staff learned the resident was falling asleep on the bedpan, rather than waiting until after the pressure ulcer worsened.
Failure to Assess and Notify Provider for Right Gluteal Wound
Penalty
Summary
The deficiency involves the facility’s failure to comprehensively assess and appropriately manage a non‑pressure skin issue on a resident’s right gluteal area, and to notify the physician in a timely manner. The resident had diagnoses including diabetes, Crohn’s disease, and a kidney transplant, and the MDS indicated occasional bowel incontinence, no pressure ulcers, and no moisture‑associated skin damage at that time. Earlier documentation identified a resolved MASD to the right gluteus, and a progress note later described a sacral wound with creams applied, noting that sores were still open and painful during application, but without any measurements, wound characteristics, or evidence of physician notification. Subsequent wound assessments documented an open lesion on the right gluteus with specific measurements on multiple dates, but did not identify the wound type or other characteristics, and the record did not show physician notification or treatment orders for the right gluteal lesion. Provider orders in place initially addressed cleansing the buttocks and applying barrier cream, and later included a detailed wound care order for a stage 3 pressure ulcer documented on the left buttocks. However, the resident’s record did not contain a specific treatment order for the right gluteal wound, despite the ongoing documentation of an open lesion in that area. Interviews revealed confusion and inconsistency in wound identification and classification. The DON stated that the right gluteal wound was documented as an open lesion because she did not feel comfortable determining the wound type, and acknowledged that the physician should have been notified when the wound was first identified. The DON was unaware that the NP had documented the wound as being on the left buttocks and as a stage 3 pressure ulcer, while the RN reported that the wound had never been on the left buttocks and that she had been applying the left‑sided wound orders to the right gluteal area because there was no open area on the left. The resident reported a recurring painful area on the right buttocks and chronic stool leakage since prior anal fistula surgery. The facility’s own wound treatment policy required comprehensive assessment of wound etiology and characteristics, consistent measurement and documentation, and provider notification in the absence of treatment orders, which were not followed for this resident’s right gluteal wound. The deficiency centers on the lack of a comprehensive wound assessment for the right gluteal lesion, incomplete documentation of wound characteristics, failure to clearly determine and document the wound etiology, and failure to notify the physician and obtain appropriate treatment orders when the wound was identified and remained open. These actions and inactions resulted in a discrepancy between the documented wound location and type and the actual clinical presentation, as well as a period during which the right gluteal wound had no specific, clearly ordered treatment despite being open and painful.
Failure to Perform Hand Hygiene and Implement Enhanced Barrier Precautions During Wound Care and Transfers
Penalty
Summary
The deficiency involves the facility’s failure to ensure proper hand hygiene during wound care and to consistently implement Enhanced Barrier Precautions (EBP) for a resident requiring such measures. The resident had diagnoses including diabetes, a non-pressure chronic ulcer of the right lower leg, and a kidney transplant, and a wound assessment documented an open lesion on the right gluteal area. The resident’s care plan and a sign posted outside the room specified that EBP, including gown and gloves, were required for high-contact care activities such as dressing, bathing, transferring, providing hygiene, changing linens, changing briefs or assisting with toileting, catheter care, and wound care. During one observation, the DON performed hand hygiene and donned a gown before entering the resident’s room for a telehealth wound assessment. Inside the room, the DON went into the bathroom, applied gloves without performing hand hygiene, removed the resident’s brief, and removed a foam dressing from the right gluteal area that had stool on one corner. After discarding the soiled dressing, the DON removed gloves and then applied new gloves without performing hand hygiene between glove changes. When questioned, the DON stated that hand hygiene should be done when hands or gloves are visibly soiled and before and after removing or applying gloves, and acknowledged that hand hygiene had not been performed each time gloves were removed and reapplied. In a separate observation, the resident was transferred using a sit-to-stand mechanical lift while EBP requirements were not fully followed. An NA entered the room wearing a gown and gloves with the lift, and the DON applied the lift harness under the resident’s arms and cinched the waist strap, encountering the resident’s clothing, while not wearing gloves. After the transfer to bed, the DON pulled down the resident’s pants and removed the harness while touching the resident’s clothes. Following wound care by a CNP-WOC, the DON again assisted the resident by sitting the resident on the edge of the bed, applying the lift harness, and adjusting the resident’s pants and shirt while wearing a gown but no gloves. The DON stated that EBP was only needed for catheter or wound care and not for transfers, and only upon reading the posted EBP sign acknowledged that EBP was required for all high-contact resident care activities, including transfers.
Failure to Protect Resident From Verbal Abuse and Delay in Removing Alleged Perpetrator
Penalty
Summary
The deficiency involves the facility’s failure to protect a vulnerable resident from mental abuse and to respond appropriately to an allegation of abuse. The resident had severe cognitive impairment, Alzheimer’s disease, dementia, anxiety, depression, psychotic disorder, and significant functional dependence, including frequent incontinence and the need for extensive assistance with ADLs and transfers. Her care plan identified behavioral and mood issues such as wandering, yelling, combative behavior, and calling staff names, with interventions including calm approaches, emotional support, redirection, and monitoring for emotional distress and mood/behavior changes. She was identified as a vulnerable adult, with instructions to monitor for signs of emotional distress and to follow the facility’s abuse reporting policy. On the evening in question, while the resident was crying on the phone with her son and expressing a desire to leave, NA-A and NA-B entered to provide evening care using an EZ stand lift. After the resident ended the phone call, multiple staff reported that NA-A spoke to the resident in a loud, stern, and frustrated tone, telling her to stop crying and that she was acting like a two-year-old. When the resident swatted at NA-A, NA-A stated, “If you hit me, I’m going to hit you back,” and later told the resident she was “in trouble now.” Staff reported that NA-A told the resident she would be sent to a locked unit so she could not get out, and questioned who would want to care for her when she cried like a baby, and that nobody would want to keep working with her. NA-C described NA-A yelling commands such as “HOLD ON!” and “Stop crying! Where would you be if you were not here? Probably lying on the floor,” and felt NA-A was obviously upset and overwhelmed. These statements were made in the presence of the resident while she was already distressed and crying. Following this interaction, the resident exhibited crying, yelling, combativeness, resistance to care, wandering into other residents’ rooms, self-isolation, and refusal of food, fluids, and medications above her prior baseline, as documented in behavior charts, target behavior monitoring, and nursing progress notes. Staff documented that she cried most of the morning, was very restless, difficult to redirect, hit and pinched staff, called staff names, and refused care and meals. She required repeated redirection, 1:1 attention, and non-pharmacological interventions, and was ultimately sent to the ED for evaluation of combativeness and emotional distress, where she was treated for dementia with aggressive behavior and hypoglycemia related to poor intake. The report identifies that the resident’s actual response and the reasonable person concept showed serious psychosocial harm, including increased crying and combative behavior above baseline, fear/anxiety manifested as combativeness, resistance to care and social interaction, and self-isolation. The facility also failed to immediately remove the alleged perpetrator from resident care and to promptly report and investigate the allegation in accordance with its abuse policy. After NA-B and NA-C reported to LPN-A that NA-A had yelled at and threatened the resident, LPN-A acknowledged it as verbal abuse but did not initiate immediate protective measures or timely reporting. LPN-A stated she believed she had 24 hours to report because there was no injury, despite facility policy requiring reporting within two hours. NA-A remained on the unit and continued working until the end of her shift, including after staff had clearly communicated their concerns to LPN-A. TMA and NA staff described uncertainty about their authority to remove NA-A and reliance on the nurse to act, while the DON later informed LPN-A that NA-A should have been removed from the floor to prevent further danger to residents. The Immediate Jeopardy was determined to have begun when NA-A’s derogatory, intimidating, and threatening statements were made and continued while she remained on duty with access to the resident and other vulnerable residents.
Failure to Timely Assess and Treat Newly Discovered Stump Wound
Penalty
Summary
The deficiency involves the facility’s failure to provide timely treatment and care for a newly discovered wound on a resident’s above‑knee amputation stump. The resident was admitted with diagnoses including unspecified dementia with behavioral disturbances, vascular dementia, bilateral above‑knee amputations, vascular disease, reduced mobility, and severe protein‑calorie malnutrition, and had no documented ulcers or skin problems on admission or on the most recent MDS. A weekly bath audit on 3/17/26 documented only non‑tender lymph nodes on the right upper hip and did not identify any open areas. However, when the wound was later assessed, the dressing on the stump was dated 3/16/26, indicating that a wound and dressing existed at that time, even though no corresponding assessment, provider notification, or treatment orders were documented. On 3/23/26, nursing staff documented a new skin issue above the resident’s knee at the amputation site, describing a stage 4 pressure ulcer/injury with full‑thickness skin and tissue loss, exposed bone, erythema/edema, and moderate serosanguineous exudate. The wound measured 1.56 cm by 1.64 cm, with 20–29% granulation tissue and 80% slough. A progress note and skin issues assessment on that date confirmed the wound characteristics and staging, and the NP, after reviewing a picture, determined the wound to be a diabetic ulcer with peripheral vascular disease and severe protein‑calorie malnutrition as contributing factors. On that same date, the NP was notified, antibiotic therapy (doxycycline) was ordered for possible cellulitis, and specific wound care orders were initiated, with documentation on the MAR that these treatments were carried out beginning 3/23/26. Multiple interviews with nursing staff revealed that no one could identify who discovered the wound or who applied the initial dressing dated 3/16/26, and there was no documentation of a wound assessment, provider notification, or interim treatment between 3/16/26 and 3/22/26. Several RNs and LPNs who worked shifts from 3/16/26 through 3/20/26 stated they did not notice a wound on the stump and that, per their usual practice, they would have contacted the provider and initiated treatment if they had found one. One LPN recalled seeing a band‑aid with a date on the stump but could not recall the date, and another LPN stated she did not see the wound because she was not looking for one. The facility’s standing orders required staff to assess all wounds daily, change dressings every three days and as needed, treat with normal saline or non‑cytotoxic cleanser and appropriate dressings, and notify the provider the next business day when a new wound or injury was found. Despite these expectations, the wound identified by the dated dressing on 3/16/26 was not assessed, reported, or treated according to orders and facility policy until 3/23/26.
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