Joplin Gardens
Inspection history, citations, penalties and survey trends for this long-term care facility in Joplin, Missouri.
- Location
- 2810 South Jackson Avenue, Joplin, Missouri 64804
- CMS Provider Number
- 265853
- Inspections on file
- 24
- Latest survey
- March 17, 2026
- Citations (last 12 mo.)
- 6
Citation history
Health deficiencies cited at Joplin Gardens during CMS and state inspections, most recent first.
A resident with a history of stroke, significant mobility limitations, and moderately impaired cognition had a care plan requiring a Hoyer lift with two staff for all transfers. A CNA, seeing the resident in a wheelchair without a sling and not checking the care plan or consulting nursing staff, assumed the resident could be transferred with a one-person gait belt assist. During the attempted transfer from wheelchair to bed, the resident began sliding off the bed, the CNA grabbed the resident under the arms, heard a crack, and then called for a nurse to help return the resident to bed. The resident later reported shoulder pain and decreased mobility, and imaging revealed a possible humerus fracture, after which the resident returned from the ED with the arm in a sling and ongoing pain during care.
The facility failed to honor a resident’s right to self-determination by not adequately promoting and facilitating resident choice, resulting in a repeated citation related to resident rights. The deficiency is linked to a prior uncorrected event and a subsequent complaint investigation, though no further clinical or resident-specific details are provided in the report excerpt.
The facility did not ensure that an RN was on duty for at least eight consecutive hours each day, as required. Staff schedules and time sheets showed multiple days without RN coverage, and interviews with staff and administration confirmed ongoing lapses, particularly on weekends. The DON and Administrator acknowledged the deficiency and the lack of a policy for nursing schedules.
The facility did not consistently honor resident shower preferences or provide showers according to the stated schedule, resulting in several residents—many with significant physical impairments—going extended periods without showers or adequate hygiene. Documentation was incomplete, care plans often lacked individualized shower preferences, and staff cited insufficient staffing as a barrier to meeting resident needs.
The facility failed to provide adequate bathing assistance to three residents, leading to deficiencies in personal hygiene care. A resident with paraplegia reported only receiving three showers over three months, despite needing substantial assistance. Another resident with moderate cognitive impairment had inconsistent shower documentation, and a third resident reported receiving showers only once every two weeks. Staff acknowledged the expectation of two showers per week, but this was not consistently met.
A resident with a stage 3 pressure ulcer was admitted to the facility, but a complete skin assessment was not conducted within the required timeframe. Despite the resident's risk factors, staff failed to document attempts to assess the skin until three days post-admission, when the ulcer was finally identified and treated. Interviews revealed that the admission nurse was responsible for timely assessments, which were not completed as per facility policy.
The facility failed to maintain kitchen ceiling vents, with rust, dust, and peeling paint observed. One vent was falling, and another had condensation dripping near the food prep area, risking contamination. The Maintenance Director was aware but had not fixed the issues, and the Administrator confirmed no monitoring policy existed.
The facility failed to properly label and store medications, with insulin pens for several residents found opened and undated, and expired influenza vaccines not removed from medication rooms. LPNs confirmed these deficiencies, and the DON acknowledged the responsibility of nurses to date insulin pens when opened.
The facility failed to maintain food at a palatable temperature for residents on the 300 hall, with several residents reporting cold meals. Observations confirmed food temperatures below required levels, and the Dietary Manager acknowledged a malfunctioning steamer bay and a lapse in monitoring food temperatures prior to service.
A facility failed to implement enhanced barrier precautions (EBP) for a resident with a PICC line receiving antibiotics. Despite a policy to prevent MDRO transmission, an LPN was observed not using PPE during IV care, and staff reported not receiving EBP training. The resident confirmed the lack of PPE use during high-contact care, and the Infection Preventionist noted PPE was not readily accessible. The DON acknowledged previous training, but staff remained unaware of EBP requirements.
A facility failed to ensure the accuracy and completeness of the MDS assessment for a resident, missing critical sections on Cognitive Patterns, Mood, and Behaviors. The Social Services Director, responsible for coding these sections, was unsure why they were not completed, and the MDS Coordinator, who signed off on the assessment, could not explain the omissions.
A facility failed to document and follow physician's orders for a diabetic resident, leading to a lack of proper blood sugar monitoring and insulin administration. An LPN did not document a required blood sugar check or communicate with other staff, resulting in a lapse in care. The DON confirmed that proper documentation and communication were not followed.
A resident with diabetes and a history of stroke was injured during a transfer when a CNA used a Hoyer lift alone, contrary to the care plan requiring two staff members. The resident's toenail was injured, necessitating medical attention. Interviews confirmed the CNA acted alone, breaching protocol.
Failure to Follow Transfer Care Plan Resulting in Arm Fracture
Penalty
Summary
The deficiency involves the facility’s failure to keep a resident free from accident hazards and to provide adequate supervision and assistance during transfers, specifically by not following the resident’s care plan requiring a mechanical lift. The resident had a history of stroke with right-sided weakness/paralysis, speech difficulty, obesity, cognitive communication deficit, arthritis pain, generalized muscle weakness, difficulty walking, and restlessness and agitation. A quarterly MDS documented moderately impaired cognition, functional limitations in one upper extremity and both lower extremities, and dependence on assistance for transfers. The resident’s care plan, last reviewed in January, directed staff to use a Hoyer lift with two staff for transfers in and out of bed and wheelchair, to follow protocol and policy when using the lift, and to use two-person assist with repositioning. On the morning of the incident, the resident was in a wheelchair without a Hoyer sling under them. A CNA later received a request from a family member to put the resident back to bed. The CNA, seeing no sling, assumed the resident might now be a one-person assist for transfers and did not review the care plan or ask other staff about the resident’s transfer status. The CNA applied a gait belt and attempted to transfer the resident from the wheelchair to the bed alone, contrary to the care plan that required a Hoyer lift with two staff. As the resident sat on the edge of the bed, they began to slide down, and the CNA grabbed the resident from the front, under the arms, to prevent them from sliding to the floor. During this maneuver, the CNA reported hearing a crack while holding the resident, and then called for the nurse, who assisted in getting the resident back into bed. Initial nursing assessment noted no head injury and only mild redness to the mid-back without skin tears or bruising, and the resident complained of generalized pain for which PRN Tramadol was given. Later, the resident complained of pain and decreased mobility in the left shoulder, leading to an x-ray of the left humerus that showed a possible fracture. The resident was sent to the hospital for evaluation and returned with the left arm in a sling, continuing to show signs and symptoms of pain during care. Interviews with multiple staff confirmed that the resident should have been transferred with a Hoyer lift and two staff, and that staff were expected to follow the care plan or consult a nurse if unsure of a resident’s transfer status.
Failure to Honor Resident Right to Self-Determination and Choice
Penalty
Summary
The deficiency involves the facility’s failure to honor the resident’s right to self-determination and to promote and facilitate resident choice. Surveyors cited that the facility did not adequately support resident choice as required, resulting in a violation of the resident’s rights. The report references a prior, uncorrected citation for the same issue under Event ID 1D8649-H1 with an earlier exit date, and indicates that details of the current deficiency are documented under Event ID 1D8649-H2 associated with a specific complaint number. No additional clinical or resident-specific details are provided in this excerpt.
Failure to Provide Required RN Coverage
Penalty
Summary
The facility failed to provide the services of a registered nurse (RN) for at least eight consecutive hours per day, seven days per week, as required. Review of monthly work schedules for August and September 2025 showed no RN was scheduled to work, and time sheets confirmed that on several specific dates, no RN clocked in or out. On one date, an RN worked only four hours, and on another, the Director of Nursing (DON) worked eight non-consecutive hours. The facility did not have a policy related to nursing schedules available for review. Interviews with staff, including LPNs, a Certified Medication Tech, the DON, and the Administrator, confirmed that there was not consistent RN coverage, especially on weekends. The DON stated that four RNs were employed, but acknowledged that there was not always an RN on shift. The Administrator also confirmed lapses in RN coverage and awareness of the state requirement for eight hours of RN coverage per day. The MDS Coordinator occasionally worked on weekends, but overall, RN coverage was inconsistent and did not meet regulatory requirements.
Failure to Honor Resident Shower Preferences and Promote Self-Determination
Penalty
Summary
The facility failed to promote and facilitate resident self-determination by not honoring reasonable shower preferences for six residents. Multiple residents, all of whom were cognitively intact and had varying degrees of physical impairment, reported not receiving showers according to their preferences or the facility's stated schedule. Documentation was inconsistent or missing, with shower sheets unavailable for certain months and staff failing to record refusals or re-approach attempts. Residents expressed uncertainty about when they last received a shower and indicated a desire for more frequent showers, typically at least twice per week, which was not consistently provided. Care plans for several residents did not include individualized shower schedules or preferences, and in some cases, staff did not follow the preferences that were documented. For example, one resident preferred showers only from male staff, but there was no evidence that this preference was consistently accommodated. Another resident preferred showers on specific days or with certain staff, but reported that staffing shortages prevented these preferences from being met. Several residents went extended periods—sometimes weeks—without a shower, and some received only bed baths or brief changes, which they felt were inadequate for personal hygiene. Interviews with staff, including CNAs, CMTs, LPNs, and the DON, revealed that staffing shortages and the lack of a dedicated bath aide contributed to the inability to provide showers as scheduled. Staff acknowledged that residents were not consistently receiving two showers per week and that documentation of showers and refusals was incomplete. The facility did not have a shower policy available for review, and the process for offering and documenting showers was inconsistently followed, leading to unmet resident preferences and needs.
Inadequate Bathing Assistance for Residents
Penalty
Summary
The facility failed to ensure that all dependent residents received necessary services to maintain good grooming and personal hygiene, specifically in providing assistance with bathing. Three residents out of a sample of thirteen did not receive adequate bathing assistance. Resident #1, who was cognitively intact and required substantial assistance for showering, reported having only three showers over a three-month period, despite expressing a preference for two showers weekly. The resident's care plan indicated a need for staff assistance with showering, yet the documentation showed infrequent showers. Resident #2, with moderate cognitive impairment and dependent on staff for showers, did not have any showers documented in October 2024. In November 2024, the resident received four showers, with one refusal noted, but no showers were documented for December 2024 due to hospitalization. The care plan required staff assistance with activities of daily living, including showers, but the documentation was inconsistent with the resident's needs. Resident #3, who had moderate cognitive impairment and required moderate staff assistance with showers, reported receiving showers only once every two weeks, contrary to the care plan that indicated a need for weekly showers. The facility's staff, including a Nurse Assistant, Certified Medication Technician, and Licensed Practical Nurse, acknowledged that residents should receive two showers per week, but admitted that this was not always achieved. The Director of Nursing was working on a new process to improve shower documentation, but the deficiency in providing adequate bathing assistance remained evident.
Failure to Conduct Timely Skin Assessment for Resident with Pressure Ulcer
Penalty
Summary
The facility failed to perform a complete admission assessment, including a skin assessment, for a resident who was admitted with a stage 3 pressure ulcer. The resident, who had a history of pressure sores and other risk factors for skin breakdown, was admitted with paraplegia and diabetes mellitus. Despite these conditions, the initial skin assessment was not conducted within the required timeframe, and the resident's pressure ulcer was not identified or treated promptly. Upon admission, the nurse documented an inability to perform a skin assessment because the resident was in a power chair and arranging a new room. Over the next few days, staff did not document any attempts to assess the resident's skin. It was not until three days after admission that staff observed a brown adhesive dressing on the resident's coccyx and identified an open area, prompting the ordering of an air mattress and notification of the wound care nurse. Interviews with facility staff, including LPNs and the Director of Nursing, revealed that the admission nurse was responsible for completing skin assessments within two hours of admission. However, this did not occur, and the resident went three days without a proper skin assessment. The facility's policy and staff interviews emphasized the importance of timely skin assessments to assume responsibility for any wounds, but this protocol was not followed in this case.
Ceiling Vent Maintenance Deficiency in Kitchen
Penalty
Summary
The facility failed to maintain ceiling vents in the kitchen, which had the potential to affect all 65 residents who received meals from the facility. During an initial tour of the kitchen, three ceiling vents were observed to have rust, dust, and peeling paint. One vent was falling from the ceiling, and another vent had condensation dripping from its edges, landing near the food preparation table. These conditions were confirmed by the Dietary Manager and another staff member, who acknowledged the potential for condensation and peeling paint to contaminate food. The Maintenance Director admitted awareness of the vent conditions but had not addressed the issues. Additionally, the Administrator confirmed the absence of a policy for monitoring the kitchen ceiling vents.
Improper Labeling and Storage of Medications
Penalty
Summary
The facility failed to ensure proper labeling and storage of drugs and biologicals, specifically insulin pens and influenza vaccines, as observed during a survey. Insulin pens for seven residents were found opened and undated, which is against the facility's policy that requires all medications to be properly labeled with open dates. This issue was confirmed by LPNs during observations of medication carts, where multiple insulin pens for different residents were found without open dates. The Director of Nursing acknowledged that it was the nurses' responsibility to ensure insulin pens were dated when opened. Additionally, the facility did not remove expired influenza vaccine vials from two medication rooms. During observations, LPNs confirmed the presence of expired vaccine vials, which should have been disposed of according to the facility's policy. The Administrator stated that the Assistant Director of Nursing, the Director of Nursing, and unit nurses were responsible for ensuring expired medications were properly disposed of, indicating a lapse in adherence to the facility's medication storage policy.
Failure to Maintain Palatable Food Temperatures
Penalty
Summary
The facility failed to maintain food at a palatable temperature for residents on the 300 hall, as evidenced by complaints from six residents about receiving cold food. The facility's policy requires hot foods to be maintained at no less than 140 degrees Fahrenheit during meal service and at least 120 degrees Fahrenheit when served to residents. However, during interviews, residents reported that their meals were often cold, despite being served in close proximity to the kitchen. Observations and test tray evaluations confirmed that food temperatures were below the required levels, with a fried fish fillet measuring 103 degrees Fahrenheit and onion rings at 127 degrees Fahrenheit. The Dietary Manager (DM) acknowledged that the steamer bay, which had been recently repaired, was not functioning properly, registering a temperature of 117 degrees Fahrenheit. The DM admitted to not checking the temperature logs prior to meal service on the 300 hall and was unaware of the malfunction. Despite appropriate temperatures being recorded in the kitchen, the issue persisted at the point of service, indicating a lapse in monitoring and ensuring food safety standards were met during meal distribution.
Failure to Implement Enhanced Barrier Precautions
Penalty
Summary
The facility failed to implement enhanced barrier precautions (EBP) for a resident with a peripherally inserted central catheter (PICC line) who was receiving antibiotics. The facility's policy on EBP, dated March 2024, aimed to prevent the transmission of multi-drug resistant organisms (MDRO) and protect patients with chronic wounds and indwelling devices. However, during an observation, a Licensed Practical Nurse (LPN) was seen disconnecting intravenous antibiotics from the resident's PICC line without wearing a gown or gloves, which are required for high-contact care. The LPN admitted to not receiving any training or in-services on EBP and noted the lack of readily accessible personal protective equipment (PPE) for administering IV antibiotics. Interviews with the resident and staff revealed a lack of adherence to EBP protocols. The resident reported that nursing staff had not been using gowns or gloves during IV antibiotic administration or high-contact care such as showering. A Certified Nurse Aide (CNA) also confirmed not receiving any training on EBP. The Infection Preventionist mentioned that a dot on the resident's name plate indicated the need for EBP, but PPE was stored in a location not immediately accessible. The Director of Nursing (DON) and the Regional Quality Assurance (QA) nurse were informed of the deficiency, and the DON stated that training had been conducted twice, yet staff remained unaware of the EBP requirements.
Incomplete MDS Assessment for a Resident
Penalty
Summary
The facility failed to ensure the accuracy and completeness of the Minimum Data Set (MDS) assessment for a resident, identified as Resident #24, among 22 residents whose MDS were reviewed. The MDS is a federally mandated assessment tool that must accurately reflect a resident's status, as per federal regulations. The assessment for Resident #24, with an Assessment Reference Date of 05/21/24, was incomplete as staff did not assess the resident in critical care areas, including Cognitive Patterns, Mood, and Behaviors. This oversight was identified during a review of the resident's quarterly MDS located in the electronic medical record. Interviews conducted with facility staff revealed a lack of clarity and accountability regarding the omission. The Social Services Director, responsible for coding the omitted sections, expressed uncertainty about why these areas were not coded, suggesting a possible absence during that week. Additionally, the MDS Coordinator, who signed off on the assessment as complete, was unable to provide an explanation for the missing sections. This indicates a breakdown in the assessment process, leading to the deficiency in accurately capturing the resident's status.
Failure to Document and Follow Physician's Orders for Diabetic Resident
Penalty
Summary
The facility failed to provide care according to standards of practice by not documenting and following physician's orders for a resident with diabetes and bilateral shoulder fractures. The resident was cognitively intact and required insulin administration. The physician's orders required blood sugar checks before meals, but there was a failure to document a blood sugar check at 4:00 PM as ordered. Additionally, there was no documentation of insulin administration or communication with other nursing staff regarding the resident's care. An LPN documented a high blood sugar reading and received orders to administer insulin and recheck the blood sugar level, but failed to document the follow-up actions. The LPN later remembered the oversight and instructed another LPN to check the blood sugar and notify the physician if it was over 300 mg/dL. The Director of Nursing confirmed that physician orders, blood sugar checks, and staff communication should have been documented in the EMR and reported at shift change.
Failure to Follow Care Plan for Resident Transfer
Penalty
Summary
The facility failed to ensure a safe environment free from hazards by not adhering to the care plan for a resident requiring assistance from two staff members during transfers using a mechanical lift. The incident involved a resident with a history of type II diabetes mellitus with diabetic neuropathy, cerebral infarction, and an acquired absence of the left leg below the knee. The resident's care plan specified the need for two or more people for mobility and transfers using a Hoyer lift. However, during a transfer, a CNA attempted to move the resident alone, resulting in the resident's right great toenail being injured when it was bumped against a doorframe. The incident report and progress notes confirmed that the CNA was alone during the transfer, contrary to the care plan requirements. The resident, who was cognitively intact, reported the incident and the subsequent injury to the toenail, which required medical attention due to the resident's diabetic condition. Interviews with the CNA and the Director of Nurses confirmed the breach in protocol, as the Hoyer lift should have been operated by two staff members. The lack of a second staff member during the transfer was not documented in the incident report or progress notes.
Latest citations in Missouri
Staff failed to protect a cognitively intact, independent resident from sexual abuse when a CNA repeatedly entered the resident’s room when the roommate was absent or asleep, hugged the resident, and kissed the resident on the mouth without the resident’s initiation or encouragement. A housekeeper observed the CNA return to the resident’s room, then saw the CNA and the resident in a full hug with the CNA kissing the resident on the mouth through a partially open door, and reported the incident. The resident later reported that these contacts were inappropriate and made the resident uncomfortable, while the CNA admitted to hugging the resident but denied kissing and believed hugging was not inappropriate, despite the facility’s abuse policy defining sexual abuse as any non-consensual sexual contact and requiring immediate reporting of abuse allegations.
Staff failed to report an allegation of sexual abuse to state authorities within the required two-hour timeframe after a cognitively intact resident with multiple psychiatric diagnoses reported being forced to touch another resident’s genitals in a dining room. A CNA observed the contact and notified an LPN, who separated the residents and obtained conflicting accounts, including a statement from the alleged victim that the act was forced. The facility’s investigation documented the allegation but did not show timely notification to the Department of Health and Senior Services, and state records confirmed the report was not made until more than 24 hours later. In interviews, the administrator stated the event was viewed as consensual and linked to the residents’ prior sexual history, while the LPN reported having informed the administrator the same day that the resident said the act was forced.
A resident with Alzheimer’s disease, severe cognitive impairment, and identified elopement risk was housed on a secured unit but was able to leave the building unnoticed when a floor tech exited through a coded door without ensuring it closed and no one followed. Staff last observed the resident near the nurses’ station and dining room, and when a CMT attempted to pass medications later, the resident could not be found, triggering a Code Pink and search. Multiple staff reported that the door alarm did not sound that night and that the door could be opened by pushing on it for several seconds or by using a code without an alarm. The facility’s investigation determined the door between the rehab and secured units was not securely closed after staff use, allowing the resident to elope and later be found in the community by EMS and transported to the ER without documented injury.
Facility staff did not fully develop or implement a comprehensive water management program to control Legionella and other waterborne pathogens. Although a written policy and an undated Water Management Plan existed, they lacked key elements such as a documented water management team, evidence of monthly monitoring review, documentation of baseline or annual Legionella testing, and specific guidance for identified high-risk areas like dead legs and unused bathrooms. Water temperature, pH, chlorine, and total dissolved solids were checked intermittently in random rooms without clearly identifying locations or consistently including all high-risk areas. The maintenance director reported flushing lines frequently but documenting checks only biweekly and not testing for Legionella, and was unfamiliar with the specific high-risk areas in the plan. Leadership, including the Regional Administrator, owner, and administrator, demonstrated limited knowledge of who performed Legionella testing, how the plan should be implemented, and the specific risk areas, control measures, and corrective actions required.
Staff failed to follow the facility’s emergency transfer/discharge policy when they discharged a resident to a local hospital for safety reasons and refused to allow the resident to return. The resident had been in the facility less than 24 hours, refused care, and made threats that scared staff, leading the administrator to authorize an immediate emergency discharge. Documentation included a progress note and an Immediate Discharge Notice listing the hospital as the discharge location for resident and staff safety, despite the administrator acknowledging that a hospital is not an appropriate discharge location. These actions resulted in the resident being discharged to a hospital without an appropriate emergency discharge notice that ensured the transfer met the resident’s needs/preferences and prepared the resident for a safe transfer/discharge.
A resident with significant GI history, chronic anemia, and recurrent constipation had physician orders and facility protocols requiring close bowel movement (BM) monitoring and a stepwise bowel regimen, as well as multiple medications for GI conditions, constipation, and other comorbidities. Staff failed to consistently document BMs, did not implement ordered bowel interventions when BMs were absent for several consecutive days, and delayed notifying the physician until the resident had gone multiple days without a BM and developed coffee‑ground emesis, leading to hospital evaluation where fecal impaction and stercoral colitis were documented. The care plan was not updated to reflect increased BM monitoring after a prior hospitalization for constipation/impaction, and the TAR showed missed documentation of ordered BM checks. In addition, the MAR showed repeated refusals of numerous medications throughout the month, including GI, cardiac, constipation, and psychiatric drugs, yet there was no documentation that the physician was notified of these frequent refusals, despite facility policy requiring reporting of medication refusals.
Surveyors found that the facility failed to keep call lights within reach for two residents, despite a policy requiring accessible call lights and frequent checks for those unable to use them. One resident, with multiple medical conditions, an above‑knee amputation, moderate cognitive impairment, and a history of numerous falls, was repeatedly observed asleep in a wheelchair by the bed with the call light on the floor or under the bed, and the care plan did not address the resident’s falls or related interventions. Another resident with Alzheimer’s disease, dementia, contractures of all extremities, and hospice care needs was observed lying in bed with the call light at the foot of the bed or under the bed, out of reach, even though the care plan specified the call light should be within reach. Staff, including an LPN, a CNA, the Administrator, and the DON, all stated that call lights should always be within reach for all residents, and that frequent rounding was expected when residents could not use the call light, confirming that practice did not align with stated expectations.
A non-verbal resident with severely impaired cognition and total dependence for ADLs was seated in a WC with an arm looped around the WC handle when a CNA/restorative aide repeatedly attempted to reposition the arm to the front. Despite the resident’s non-verbal refusals and resistance, the aide pried the resident’s fingers from the WC wheel, grabbed the arm, and forcefully jerked it forward, causing the resident’s body to lurch and nearly fall from the chair. Video review showed the aide tugging and pulling on the arm multiple times as the resident refused further assistance, and a staff witness reported the aide was yelling and grabbing at the resident while the resident fought to get free. The resident later stated staff were rough and that he/she was afraid. These actions, inconsistent with the resident’s care plan and the facility’s abuse policy, resulted in a finding that the resident was subjected to physical abuse.
Two residents with significant risk factors for skin breakdown did not receive consistent, accurately documented wound care. One resident with multiple comorbidities and existing pressure-related wounds had no skin or wound interventions on the care plan, lacked an EMR order for a newly identified ankle wound, and had numerous missed or undocumented treatments for buttocks, hip, and ankle wounds, including barrier creams and Medi Honey applications. Another high-risk resident with a low Braden score had no skin-related care plan, an ankle wound that was reported as healed while MAR/TAR entries continued, weekly skin checks documented as normal despite an active ankle dressing, and a right ankle wound that went unreported in shift report until surveyors observed an outdated dressing; subsequent documentation by the wound specialist and facility conflicted on the wound’s type and measurements. The DON later confirmed expectations that staff follow wound policies, enter and document orders and refusals in the EMR, and update care plans, which were not met in these cases.
The facility failed to implement and document effective fall interventions for a resident with an above‑knee amputation, lower extremity impairment, and a history of multiple witnessed and unwitnessed falls related to attempting independent transfers. Although the care plan noted general assistance needs, it did not address the repeated falls or specify individualized fall‑prevention measures, and fall investigations recorded no new interventions despite ongoing events. Surveyors observed the resident in a wheelchair by the bed multiple times with the call light out of reach on the floor. In addition, the facility did not complete a required smoking safety assessment for a resident with Huntington’s disease, weakness, and moderately impaired cognition, even though this resident was observed smoking outside and facility policy required a smoking assessment at admission to determine needed supervision.
Failure to Protect a Resident From Non-Consensual Sexual Contact by CNA
Penalty
Summary
Facility staff failed to protect a cognitively intact resident from sexual abuse when a CNA engaged in non-consensual physical contact. The resident’s quarterly MDS showed the resident was cognitively intact and care plan indicated independence with ADLs. On the morning in question, a housekeeper observed the CNA go to the nurses’ station from the direction of the resident’s room, look around, then quickly return to the resident’s room. When the housekeeper approached to clean the room, the door was slightly open; after a quiet knock and looking in, the housekeeper saw the CNA and the resident in a full hug, with the CNA kissing the resident on the mouth. The housekeeper then reported this observation to another housekeeper, who in turn reported it to the administrator. The facility’s abuse and neglect policy defined sexual abuse as non-consensual sexual contact of any type with a resident and required immediate reporting of all abuse allegations to the administrator. In a written statement, the CNA acknowledged going to the resident’s room and hugging the resident, claiming it was to comfort the resident, and denied kissing the resident, stating that hugging residents was not considered inappropriate. In contrast, the resident documented and later stated in interviews that the CNA had repeatedly come into the room when the roommate was absent or asleep to hug and kiss the resident, that these actions were not initiated or encouraged by the resident, and that the resident felt uncomfortable and did not want to be kissed. The resident also reported not disclosing these incidents earlier due to concern about how the CNA might treat the resident and the resident’s friends.
Failure to Timely Report Allegation of Sexual Abuse to State Authorities
Penalty
Summary
Facility staff failed to report an allegation of sexual abuse to the Department of Health and Senior Services (DHSS) within the required two-hour timeframe. The facility’s abuse, neglect, exploitation, and misappropriation prevention program, revised April 2021, states staff will identify and investigate all possible incidents of abuse, neglect, mistreatment, or misappropriation of resident property and report any allegations within timeframes required by federal requirements. Resident #1, assessed as cognitively intact on a quarterly MDS dated 2/12/26, had diagnoses including schizoaffective disorder, bipolar type, major depressive disorder, generalized anxiety disorder, and bipolar disorder. On 3/29/26, CNA A reported to LPN B that Resident #1 was seen touching Resident #2’s privates in the main dining room; CNA A separated the residents, and LPN B interviewed both residents. Resident #1 stated Resident #2 forced him/her to touch his/her privates, while Resident #2 denied the allegation. The facility’s investigation, dated 3/30/26, documented that Resident #1 reported assisting Resident #2 in playing with his/her privates but stated he/she was forced to assist. The investigation record did not show that facility staff contacted DHSS within the required two-hour timeframe after the allegation was reported. Review of the DHSS database confirmed that the facility did not report the allegation of sexual abuse until more than 24 hours after Resident #1 made the allegation. During interviews, the administrator stated he/she would have reported within two hours if the act was not consensual and claimed he/she was not informed that Resident #1 said he/she was forced until 3/30/26, characterizing the situation as involving residents with a past sexual history who were upset because they were caught. However, LPN B stated that on 3/29/26 at 10:12 A.M. he/she called the administrator and explained in detail that Resident #1 said he/she was forced into the sexual act, and that the administrator responded that the residents had a sexual history, so it was okay.
Failure to Secure Door and Supervise Wanderer Resulting in Elopement
Penalty
Summary
The deficiency involves the facility’s failure to ensure a secured unit door was properly secured and supervised, allowing an at-risk resident to exit the building unnoticed. The resident had Alzheimer’s disease, an anxiety disorder, hearing loss, and was assessed as severely cognitively impaired on the MDS. An Elopement Risk Evaluation identified the resident as ambulatory, wandering aimlessly, and at risk for elopement, and the care plan documented that the resident was on a secured unit with impaired cognitive function. Despite this, the resident was last seen around the nurses’ station and dining room in the early evening and was not continuously monitored in a way that prevented unsupervised access to an exit door. On the evening of the incident, staff reported seeing the resident around 8:00–8:10 p.m. near the nurses’ station and dining room. A CMT later attempted to pass medications to the resident at approximately 8:30 p.m. and discovered the resident was not in their room, prompting a Code Pink and an internal search of the unit and facility. Staff, including the CMT and CNA, reported that the door alarm did not sound the night the resident left, and that previously the door could be opened by pushing on it for several seconds, or by using a code, without an alarm sounding. The Administrator and DON stated that prior to the elopement, the doors were configured so that pushing and holding the bar for 15–20 seconds would open the door and trigger an alarm, but staff did not hear an alarm at the time of the incident. A floor tech working on the secured unit acknowledged exiting through the coded door between the rehab and secured units during the relevant time frame and not checking whether anyone was following or whether the door clicked shut behind them, despite prior training to watch the door for residents attempting to leave. The facility’s investigation concluded that the entry door to the facility was not securely closed after staff exited the unit, creating an opportunity for unauthorized egress, and determined that the resident exited through the door between the rehab and secured unit. The resident was later found by EMS approximately 1.5 miles from the facility, wandering and only alert to self, and was transported to the hospital, where no injuries were documented. The nurse practitioner noted the resident was a wanderer, fairly new to the facility, and expected staff to check on the resident every one to two hours.
Incomplete Legionella Water Management and Monitoring Program
Penalty
Summary
Facility staff failed to develop and implement complete policies and procedures for inspection, testing, and maintenance of the facility’s water systems to inhibit the growth of waterborne pathogens, including Legionella. CMS guidance (QSO-17-30) requires certified healthcare facilities to have water management policies and procedures, including a facility risk assessment, a water management program aligned with ASHRAE standards and CDC toolkit, specified testing protocols with acceptable ranges and documentation of results and corrective actions, and compliance with applicable regulations. The facility’s Legionella Infection policy, dated 03/05/20, stated these requirements but the actual implementation and supporting documents did not meet them. Review of the facility’s Water Management Plan showed it included a risk assessment that identified several high-risk areas, such as dead legs in specific rooms and departments, empty resident room bathrooms, and low-rise floor sinks in housekeeping closets. The plan stated that environmental testing would be conducted if there was difficulty maintaining water systems within control limits or if a healthcare-associated Legionella case occurred, and it instructed staff to perform baseline Legionella testing at four specified sites. However, the plan lacked a list of designated water management team members, documentation of monthly review of scheduled monitoring, documentation of baseline or annual Legionella testing, and specific guidance related to the identified high-risk areas. The facility’s Infection Prevention and Control Program, dated 04/10/19, did not contain information related to Legionella. Record review of the Resident Room Water Temperature and Checklist for a three-month period showed staff tested water temperatures in random resident rooms on both wings and also tested water pH, chlorine, and total dissolved solids, but did not indicate the testing locations or include results for all identified high-risk areas. In interviews, the maintenance director reported flushing resident room water lines almost daily but only documenting water checks every two weeks, testing pH and chlorine every two weeks, and not testing for Legionella; the director was familiar with the water management plan only generally and was not familiar with the specific high-risk areas. The Regional Administrator stated the facility should have annual Legionella testing but did not know who conducted it. The owner indicated that corporate maintained a template Water Management Policy but that the facility administrator was responsible for developing and implementing a facility-specific plan. The administrator stated the water management plan should include how water is tested monthly, believed Legionella testing was only done if there was suspicion or a positive case, had not updated the plan since an earlier review, did not document the water management team membership, had not discussed the plan with the maintenance director, and was not familiar with specific risk areas, control measures, or corrective actions.
Improper Emergency Discharge to Hospital and Refusal to Readmit Resident
Penalty
Summary
Facility staff failed to provide an appropriate emergency discharge notice and improperly discharged a resident to a hospital while refusing the resident’s return. The facility’s policy on making an emergency transfer or discharge, revised April 2007, directed staff to only make an emergency discharge when it is in the best interest of residents and to follow specific procedures, including notifying the attending physician and receiving facility, preparing the resident and a transfer form, notifying the representative and family, and assisting with transportation. Record review showed the resident was admitted on 3/3/26 and discharged to the hospital the same day, with a progress note the following day documenting an emergency discharge effective immediately to the local hospital for safety reasons. An Immediate Discharge Notice dated 3/3/26 listed the local hospital as the discharge location for resident and staff safety. In an interview, the administrator stated the resident had been in the building less than 24 hours, had refused care, made threats, and scared staff, and that an emergency discharge to the hospital was done that day; the administrator acknowledged that a hospital is not a discharge location but stated the facility would not take the resident back for the safety of staff and other residents. These actions and documentation show that staff used the hospital as the discharge location and refused readmission, contrary to the facility’s own emergency transfer/discharge policy and without providing an appropriate emergency discharge notice that ensured the transfer/discharge met the resident’s needs and preferences and prepared the resident for a safe transfer/discharge.
Failure to Monitor Bowel Function and Report Repeated Medication Refusals
Penalty
Summary
The deficiency involves the facility’s failure to provide treatment and care according to physician orders, facility bowel protocol, and the resident’s care needs, specifically related to bowel monitoring, constipation management, and medication refusals. The facility’s own Medication Monitoring policy required licensed nurses to report refusals of medications and to identify interventions on the care plan for systematic monitoring of high‑risk medications. The Bowel Protocol required routine monitoring and documentation of bowel movements (BMs), use of a stepwise regimen (milk of magnesia on day three without a BM, bisacodyl suppository on day four, and fleet enema on day five), and prompt provider notification of significant changes such as impaction. For one resident with significant GI history and prior constipation/impaction, staff did not consistently document BMs, did not follow the bowel protocol when BMs were absent for multiple days, and did not notify the physician in a timely manner. The resident had a history of chronic GI blood loss, recurrent constipation, large stool burden, and prior fecal impaction. In mid‑November, the resident was hospitalized for anemia, GI bleeding, and severe constipation with a large fecal impaction, during which a disimpaction was performed and the physician recommended keeping a record of BMs. After return, facility bowel elimination records showed multiple gaps in documentation and prolonged periods without recorded BMs. In early December, there were days with no documentation and no recorded BMs, and staff did not document physician notification or administration of bowel interventions from several consecutive days without BMs. Later in December, the record again showed multiple consecutive days with no BMs documented; staff did not administer bowel interventions until the sixth day and did not document physician notification until that time. A nurse’s note on that day described the resident having no BM for five to six days, vomiting coffee‑ground emesis, and being sent to the hospital, where hospital records documented stercoral colitis, fecal impaction, and a moderate to large amount of stool throughout the colon. Despite the resident’s history and the physician’s expectation for close monitoring, the February Treatment Administration Record showed an active order to monitor BMs daily with a requirement that the resident have a BM every other day and to give a Dulcolax suppository if no BM every other day, yet nursing staff failed to document monitoring on multiple shifts. The resident’s care plan did not reflect the increased BM monitoring ordered after the hospitalization for constipation/impaction. Interviews with RNs, LPNs, CNAs, the MDS coordinator, ADON, DON, and the physician showed inconsistent understanding and implementation of the bowel protocol and monitoring orders; staff acknowledged that monitoring had not been consistent and that the system for tracking BMs was not effective. The deficiency also includes failure to notify the physician of multiple medication refusals for this resident. Throughout February, the MAR showed repeated refusals of numerous ordered medications, including baclofen, bisacodyl, Carafate, Colace, Dexilant, ferrous sulfate, folic acid, metoprolol, Miralax, pravastatin, Remeron, and Senna‑S, often refused more than ten times in the month. The facility’s Medication Monitoring policy required nurses to report refusals of medications to the physician, but the medical record contained no documentation of physician notification regarding these repeated refusals. Nursing staff and the MDS coordinator acknowledged that the resident refused medications and that they used nursing judgment about when to notify the physician, but several staff did not know how many refusals should trigger notification, and some believed the physician was aware without recalling specific contacts or documentation. The physician stated that he knew the resident sometimes refused medications but was not aware of the high frequency of refusals in February and stated he wanted to know when refusals occurred so often. Overall, the actions and inactions leading to the deficiency included failure to consistently document and monitor BMs per order and protocol, failure to implement ordered bowel interventions when BMs were absent for multiple days, failure to update the care plan to reflect increased bowel monitoring after hospitalization for constipation/impaction, and failure to notify the physician of frequent medication refusals as required by facility policy. These failures occurred despite the resident’s known history of GI bleeding, recurrent constipation, fecal impaction, and prior hospitalizations for GI issues and constipation.
Failure to Keep Call Lights Within Reach for Two Residents
Penalty
Summary
The deficiency involves the facility’s failure to reasonably accommodate residents’ needs and preferences by not ensuring call lights were within reach, contrary to its own “Answering the Call Light” policy. That policy required staff to keep call lights within easy reach for residents in bed or confined to a chair and to frequently check residents unable to use the call light. Despite this, surveyors observed multiple instances where residents’ call lights were out of reach or on the floor, and staff interviews confirmed that the expectation was for call lights to be accessible at all times when residents were in their rooms. One resident had diagnoses including type 2 diabetes, acute kidney failure, and an above-knee amputation, with cognition changing from intact on admission to moderately impaired on a subsequent MDS. The resident’s care plan addressed admission for LTC, need for assistance with bed/chair mobility, transfers, and locomotion, and use of a wheelchair with safety reminders, but did not address the resident’s multiple falls or any fall interventions. Facility event reports documented numerous falls, both witnessed and unwitnessed, over a three‑month period. During several observations on different days and times, this resident was seen asleep in a wheelchair by the bed, with the call light out of reach—on the ground on the opposite side of the bed or under the bed—despite staff acknowledging the resident fell frequently and liked to sleep in the wheelchair. Another resident had diagnoses including Alzheimer’s disease and dementia, was unable to communicate, and had all four extremities contracted. The care plan identified risk for dehydration and increased pain due to contractures, skin integrity issues, and hospice care, with specific interventions to keep the call light within reach and remind the resident to call for assistance. However, during multiple observations, this resident was lying in bed with the call light positioned at the foot of the bed or on the floor under the bed, out of reach. Staff, including an LPN and a CNA, stated that call lights should be within reach for all residents regardless of cognitive status and that frequent rounding was expected if a resident could not use the call light. The Administrator and DON also stated they expected call lights to be in reach for all residents at all times and specifically for residents with frequent falls, underscoring that the observed conditions did not meet facility expectations or policy.
Resident Physically Abused During Forceful Arm Repositioning
Penalty
Summary
The deficiency involves the facility’s failure to protect a resident from physical abuse and to honor the resident’s right to be free from the willful infliction of physical harm. The facility’s abuse policy defined abuse as the willful infliction of injury, unreasonable confinement, intimidation, or punishment resulting in physical harm, pain, or mental anguish, and required staff training in abuse prevention and sensitivity to residents’ rights and needs. The policy also required that all incidents, allegations, or suspicions of abuse be documented and investigated. Despite these policies, a staff member, identified as Restorative Aide/CNA E, used excessive force while attempting to reposition a resident’s arm, in a manner inconsistent with the resident’s care plan and the facility’s abuse prevention standards. The resident involved had severely impaired cognition, unclear speech, and was non-verbal, with dependence on staff for all ADLs, and weighed 213 lbs. The resident’s care plan identified impaired communication and decision-making, with approaches that included explaining procedures prior to tasks, providing cues and reorientation, offering simple choices, and using alternative communication methods as needed. On observation, the resident was seated in a wheelchair at the nurse’s desk with his/her arm positioned on the back of the wheelchair and looped around the handlebar. Restorative Aide/CNA E stood to the right of the resident and repeatedly attempted to move the resident’s right arm forward. The resident responded with non-verbal refusals, moving the arm away and then propelling slightly forward to grasp the wheelchair wheel. Despite these non-verbal refusals, Restorative Aide/CNA E pried the resident’s fingers off the wheelchair wheel, grabbed the resident’s right arm with one hand while placing the other hand behind the triceps area, and forcefully jerked the arm forward. This action caused the resident’s seated body to lurch forward to the point that the resident nearly fell out of the wheelchair onto the tile floor. A subsequent observation showed the aide wiping the resident’s hands with a washcloth that had a red substance on it. Shortly afterward, the resident, when interviewed, stated that staff were rough and that he/she was afraid. Review of security camera footage with facility leadership showed the aide tugging and pulling on the resident’s arm in a forward motion multiple times, with the resident refusing further assistance and the aide becoming more aggressive. A laundry assistant also reported seeing the aide yelling and grabbing at the resident, with the resident resisting and fighting to get the aide off, and believed the incident affected the resident’s behavior afterward. These observed and documented actions constituted the use of excessive force and physical abuse toward the resident. Additional interviews further described the context of the incident. Restorative Aide/CNA E stated that the resident liked to sit with the arm behind the chair and claimed to be repositioning the arm at the resident’s request, acknowledging that the resident’s hand was locked on the wheelchair wheel and that the aide moved it off. The aide reported the resident complained of arm pain and that a red substance seen on the arm was ketchup from lunch, and did not believe the handling was rough. In contrast, an LPN who had cared for the resident for three months stated the resident commonly rested the arm behind the wheelchair, had never required arm repositioning for that posture, and had not complained of arm pain in that position. Facility leadership, after viewing the video, agreed that the staff member used excessive force and that the aide should have stopped and re-approached the resident instead of continuing to pull and tug on the arm in the face of resistance. These facts collectively demonstrate that the resident’s right to be free from physical abuse was not upheld.
Failure to Provide Consistent Wound Care and Accurate Skin Assessment Documentation
Penalty
Summary
The deficiency involves the facility’s failure to provide consistent wound treatments, timely and accurate wound orders, and accurate skin assessments for two residents with wounds. For one resident with multiple comorbidities including open right foot wound, coccyx pressure ulcer, stroke, hemiplegia, dysphagia, severe protein-calorie malnutrition, seizures, and peripheral vascular disease, the care plan in use during the survey contained no problems, goals, or interventions related to skin or wound prevention, despite these conditions. A readmission skin observation documented no abnormalities, but shortly afterward an NP note identified a new open area to the right ankle and ordered cleansing and Medi Honey treatment. The corresponding physician orders reflected Medi Honey treatment to the right buttocks, but there was no EMR order for the right ankle wound treatment on the MAR/TAR. Multiple subsequent skin observation reports and wound doctor notes documented MASD and a stage 3 right hip pressure injury with specific measurements and treatment orders, yet the documentation of wound locations was sometimes incomplete or inconsistent. Medication and treatment administration records for this resident showed numerous missed or undocumented wound care treatments. The December and January MAR/TARs reflected missed opportunities for Medi Honey and right hip dressing changes, including refusals without required progress notes and missed treatments without explanation. In February, barrier cream and zinc oxide orders for the peri area and buttocks were documented as missed in all or many opportunities, and wound treatments to the right buttocks, right hip, and right ankle were missed multiple times without progress notes. A new ankle wound was noted by the DON, with an NP confirming the resident did not need hospital evaluation and suggesting continuation of the wound doctor’s plan, and later documentation described a right ankle/foot stage 2 ulcer with specific measurements. However, the EMR showed missed treatments for the ankle wound and the facility’s wound report later listed multiple MASD sites (right buttocks, coccyx, groin) with onset dates and durations, indicating these wounds were not present on admission but had remained open for extended periods. For a second resident with morbid obesity, bipolar disorder, and intellectual disability, the annual MDS showed no skin concerns, and the care plan in use during the survey contained no skin-related problems, goals, or preventive interventions, despite a Braden score of 11 indicating high risk for pressure injury. Physician orders included offloading pressure areas on the heels and elevating extremities every shift, as well as an order to cleanse the right lateral ankle and apply a foam dressing every three days. Wound specialist notes indicated the resident was not seen on two occasions, once due to being away with family and once because the DON reported the right ankle wound as healed. Weekly skin observation reports in March documented no skin abnormalities, yet the March MAR/TAR showed ongoing documentation of right ankle dressing changes and refusals. On observation, the resident had a foam dressing on the right ankle dated several weeks earlier, and the LPN acknowledged the outdated dressing, stated night shift was scheduled to change it, and then discovered in the EMR that the resident was listed as refusing care over a prolonged period, although the LPN was unaware of the wound and it had not been mentioned in shift report. The wound measured 2 cm by 2 cm at that time, and the DON later described discoloration to the left heel and stated he could not make clinical decisions on staging without the wound doctor. A wound specialist note that same day identified a new stage 2 pressure injury over the right ankle with specific measurements and treatment orders, while the facility’s wound report listed the same area as an abrasion with different initial measurements, demonstrating inaccurate and inconsistent documentation of the wound’s status and type. The DON stated that nursing staff were expected to follow facility policies, that weekly assessments were completed but not ordered, and that staff were prompted in the EMR scheduler. The DON explained that shift nurses were expected to enter treatment orders or provide them to the DON to enter, that nurses were expected to document progress notes when residents declined treatments, and that the medical doctor should be notified of new hospital wound treatment recommendations. The DON also stated that care plans should be updated within 24–48 hours to reflect new changes and that staff should attempt a second approach or allow time before documenting a refusal. Despite these expectations and the facility’s wound management policy requiring Braden assessments, daily or weekly skin checks based on risk, accurate wound differentiation and documentation, and consistent use of wound protocols, the records for both residents showed failures to consistently administer ordered treatments, failures to enter and maintain accurate wound treatment orders in the EMR, and failures to accurately document skin assessments and wound characteristics needed for appropriate follow-up and monitoring.
Failure to Implement Fall Interventions and Complete Smoking Safety Assessment
Penalty
Summary
The deficiency involves the facility’s failure to maintain an accident‑hazard‑free environment and to provide adequate supervision and interventions to prevent accidents, specifically falls and unsafe smoking. For one resident with lower extremity impairment, an above‑knee amputation, diabetes, and acute kidney failure, the admission MDS showed a need for partial to moderate assistance with transfers and use of a wheelchair. The resident’s care plan addressed general needs for assistance with bed/chair mobility, transfers, and locomotion, and noted the need for monitoring to prevent falls, but it did not address the resident’s actual history of multiple falls or specify any individualized fall interventions. Facility event reports documented numerous falls over several months, including unwitnessed and witnessed falls in the bathroom and room, often related to the resident attempting independent transfers from wheelchair to toilet or from bed to wheelchair without assistance. Fall investigations dated across this period identified root causes such as the resident leaving the dining area and attempting to transfer independently in a common bathroom, and attempting to get out of bed and into a wheelchair without assistance despite having an amputated leg. These investigations documented that the resident was encouraged or educated to ask for help or call for assistance, but no new interventions were recorded following these events. Observations by surveyors showed the resident seated in a wheelchair by the bed with eyes closed on multiple occasions, with the call light not in reach and at times on the floor on the opposite side of the bed. The Director of Therapy stated the resident was receiving PT, OT, and speech therapy and recommended a wedge (tilt‑in‑space) wheelchair with foot pedals, more frequent rounding, and ensuring the call light was in reach, and expected these interventions to be reflected on the care plan. An LPN and facility leadership acknowledged the resident had frequent falls and that interventions, including those tried such as frequent rounding and ensuring call light access, should have been documented on the care plan. The deficiency also includes failure to assess another resident for smoking safety. This resident had diagnoses including Huntington’s disease and weakness, with moderately impaired cognition documented on the admission MDS. Review of the electronic medical record showed no smoking assessment, despite the facility’s smoking policy requiring assessment at admission and at least quarterly or with significant change to determine needed assistance and supervision. Surveyor observations documented this resident smoking outside on more than one occasion. An LPN, the Administrator, and the DON all stated that a smoking assessment should have been completed upon admission to ensure the resident’s safety while smoking, but no such assessment was found in the record.
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