Alice Hyde Medical Center
Inspection history, citations, penalties and survey trends for this long-term care facility in Malone, New York.
- Location
- 45 Sixth Street, Malone, New York 12953
- CMS Provider Number
- 335127
- Inspections on file
- 17
- Latest survey
- March 6, 2026
- Citations (last 12 mo.)
- 4
Citation history
Health deficiencies cited at Alice Hyde Medical Center during CMS and state inspections, most recent first.
The facility failed to protect residents from abuse by not adequately updating and implementing behavior care plans and 15‑minute safety checks for residents with known sexually inappropriate and aggressive behaviors. One resident with dementia and Parkinson’s disease had a long history of sexually inappropriate comments, gestures, and physical contact toward staff and intrusive wandering into others’ rooms, yet their care plan was not consistently revised to add interventions to reduce these behaviors or protect others. This resident was later found in bed with another cognitively impaired resident, partially undressed, while the other resident was crying and unable to explain what happened. In a separate case, a resident with Alzheimer’s disease and documented wandering and physically and verbally abusive behaviors was placed on 15‑minute checks after multiple altercations, but staff did not perform or document these checks during a meal period and later found the resident wandering into another resident’s room, demonstrating a failure to carry out required monitoring.
A resident with Parkinson’s disease, dementia, and known behavioral issues was sent to a hospital after being found in another resident’s room and had a care plan including 1:1 interventions and 15‑minute checks. After the transfer, the MD and SW informed the family that the facility could no longer meet the resident’s needs and would discharge the resident, directing the family to the hospital SW for alternative placement and discussing packing belongings and benefit redirection. The DON stated the resident required a locked unit due to exit‑seeking, that 15‑minute checks had failed, and that the facility chose not to readmit the resident while its investigation was ongoing. The family reported they were told the resident would not be accepted back, were not met with regarding discharge, and were not given alternative placement options, and the resident was instead sent to another hospital unit used to hold behaviorally complex residents while awaiting nursing home placement.
Three residents with cognitive and physical impairments experienced falls after staff failed to follow care plans, including not providing scheduled toileting, not using required two-person transfers, and not activating a bed alarm. These lapses in care led directly to resident injuries.
A nurse administered seven medications to a resident that were prescribed for another individual, failing to verify the resident's identity and not following the required medication administration protocols. The resident, who had dementia and severe cognitive impairment but could usually state their name, received the wrong medications due to the nurse's failure to perform the five rights of medication administration.
A resident with severe cognitive impairment and Alzheimer's was left unattended and fell, despite requiring staff assistance for ambulation. The incident was not reported to the Department of Health until the following day, violating facility policy and state regulations.
The facility failed to implement comprehensive care plans for five residents, resulting in unwitnessed falls and minor injuries due to missed 15-minute safety checks, improper bed positioning, and missing bed alarms.
A resident with multiple diagnoses was found on the floor with the bed not in a low position, the call light not within reach, and without socks on. The CNA responsible did not follow the care plan, which included a low bed and appropriate footwear. The CNA received education on following care plans after the incident.
Failure to Protect Residents From Sexual Abuse and to Implement 15-Minute Safety Checks
Penalty
Summary
The deficiency involves the facility’s failure to protect residents from abuse, specifically sexual abuse and resident-to-resident aggression, and to implement and follow behavior care plans and safety interventions such as 15‑minute checks. One resident with Alzheimer’s disease, paralysis on one side, and aphasia had a care plan noting combative and resistant behaviors, weepiness, and attempts to self‑transfer, with goals that they would not be a victim or aggressor and interventions to monitor behaviors and escalations. Another resident with Parkinson’s disease, dementia with anxiety, and heart disease had a behavior care plan documenting a tendency to be sexually inappropriate, to wander, and to stay awake at night. The care plan for this resident initially focused on inviting them to activities, assessing for behaviors, and monitoring cognitive status, and was later updated to include diversion, 1:1 supervision, television, and 15‑minute checks. Despite this, between two specified dates there were 26 nursing notes documenting this resident’s sexually inappropriate comments, gestures, propositions, and physical contact with staff, including grabbing a staff member’s breast, without corresponding updates to the behavior care plan to add interventions to reduce sexually inappropriate behaviors or to protect other residents and staff. Physician notes over time documented that the sexually inappropriate behaviors continued daily, with staff reporting increased sexually inappropriate comments and attempts at touching staff. The notes described multiple medication adjustments in response to ongoing sexual disinhibition, agitation, anxiety, hallucinations, and mood swings, and family concerns about the resident’s behavior. A prior incident was documented in which this resident was found in another resident’s room, in their wheelchair next to the sleeping resident’s bed, appearing to watch them sleep, and insisting that the sleeping resident was their spouse. Subsequent nursing documentation described the resident intrusively wandering into other rooms, stating other residents were their spouse, asking staff if they were married, and being difficult to redirect. Staff interviews indicated that 15‑minute checks were used for behaviors and resident‑to‑resident altercations, that all nursing staff were responsible for performing these checks, and that there was little or no specific training on managing sexually inappropriate resident behaviors beyond general dementia training and diversion tactics. The deficiency culminated in an incident where the cognitively impaired resident with Alzheimer’s disease was found in their room with the sexually disinhibited resident. A family member entered the room and found the second resident lying on their side in the first resident’s bed with their pants and brief pulled down to their knees, while the first resident was in a t‑shirt and intact brief, with their left breast exposed according to witness statements. The first resident was crying and shaking and unable to communicate what had happened due to dementia. Facility documentation and hospital records indicated no penetration and no immediate physical injury, though later notes described small bruises on the resident’s leg and thigh of uncertain origin. Observation sheets showed that the sexually disinhibited resident was documented as being in their own room on 15‑minute checks during the time of the incident, despite being found in another resident’s bed. Interviews with the DON and other staff acknowledged that 15‑minute checks had failed to prevent the resident from entering other residents’ rooms and that staff were not able to keep residents safe under the existing interventions. A separate but related deficiency involved another resident with Alzheimer’s disease, major depressive disorder, and severe cognitive impairment, who had a behavior care plan documenting wandering, verbally and physically abusive behavior, intrusive wandering, exit‑seeking, and aggressive behaviors such as kicking, hitting, abusive language, threatening behavior, resisting care, and striking or shoving other residents. The care plan included diversion activities and repeated use of 15‑minute checks after multiple incidents, including unsafe wandering, striking a resident on the head, shoving a resident to the floor, kicking a resident, and hitting a resident in the chest and face. On one date, a care plan note documented that this resident was agitated, pushed a staff member, could not be redirected or calmed, and was given intramuscular Haldol and placed on 15‑minute checks. However, on a later date, surveyor observations and record review showed that although the resident was listed on the unit 15‑minute check list, the check sheets were not signed from 11:45 a.m. through 12:30 p.m., and staff reported they were assisting with lunch and did not complete or document the checks during that period. During that same timeframe, the resident with aggressive behaviors was observed in their room watching television, and later was found wandering into another resident’s room and had to be redirected back to their own room. An LPN subsequently signed all residents’ 15‑minute check sheets while speaking with the surveyor and stated they documented that the aggressive resident was wandering for all the missing time slots based on finding them in another resident’s room at 1:04 p.m. Staff interviews revealed confusion about why this resident was on 15‑minute checks, with one RN stating there was no note explaining the reason and that staff had the checks stopped when they could not determine the rationale. The DON stated that 15‑minute checks were typically used for 72 hours and then reassessed, and that the need for checks should be reflected in the care plan, care cards, electronic notes, and shift‑to‑shift communication, with all staff responsible for performing and documenting the checks. The failure to consistently implement and document the ordered 15‑minute checks for this resident with a history of aggressive and abusive behaviors placed other residents at risk for abuse.
Failure to Allow Hospitalized Resident to Return and Inadequate Discharge Process
Penalty
Summary
The deficiency involves the facility’s failure to allow a resident, who had been transferred to a hospital, to return to their previous room or to the facility upon bed availability, contrary to the facility’s transfer and discharge rights policy and regulatory requirements. The resident had diagnoses including Parkinson’s disease with dyskinesia, unspecified dementia with anxiety, and atherosclerotic heart disease, and was assessed as significantly cognitively impaired but usually able to understand others and make themselves understood. The resident’s comprehensive care plan included a behavior focus with interventions such as diversion, redirection, 1:1 supervision, television, and 15‑minute checks. According to progress notes, the resident was transported to a hospital after being found in another resident’s room. The Medical Director documented that, although they had previously told the family that the facility could manage the resident’s behaviors, the events leading to the hospital transfer changed the situation, and the facility informed the family that they could not meet the resident’s needs for discharge back from the hospital. The Social Worker documented informing the family that the facility would need to discharge the resident because it was unable to meet the resident’s needs at that time, and directed the family to the hospital social worker/discharge planner for assistance with alternative placement. The Social Worker also discussed packing the resident’s belongings and provided contact information for the facility biller when the family inquired about redirecting the resident’s benefits. In interviews, the DON stated that after the resident was found in another resident’s room, the resident was placed on consistent 15‑minute checks and that the resident had to be on a locked unit due to known exit‑seeking behaviors. The DON further stated the facility chose not to take the resident back when they were cleared for discharge because the facility had not concluded its investigation and believed it could not continue 1:1 supervision after 15‑minute checks had failed. The family member reported being told by the emergency room physician, based on information from the facility, that the resident would not be welcomed back, and stated that facility staff never met with them regarding discharge, did not provide options for alternative placements, and that the resident was instead sent to another hospital unit designed to hold residents with behaviors while awaiting nursing home placement. The Administrator confirmed that this other hospital unit was used for residents who were hard to place, usually due to behaviors.
Failure to Follow Care Plans Results in Resident Falls Due to Neglect
Penalty
Summary
Three residents experienced neglect due to staff failing to follow established care plans and facility policies. One resident with severe cognitive impairment and a history of dementia was not offered toileting opportunities every two hours as required by their care plan. Documentation showed that the resident was only offered toileting once per shift, and there was no evidence of two-hourly toileting prior to the incident. This failure led to the resident attempting to toilet themselves, resulting in a fall and bruising. Another resident, also with severe cognitive impairment and multiple diagnoses including vascular dementia and Alzheimer's disease, required two-person assistance for transfers according to their care plan. Despite this, a Certified Nurse Aide attempted to transfer the resident alone, which resulted in the resident being lowered to the floor due to non-compliance with directions and improper body mechanics. The care plan specifically indicated the need for two-person assistance with a mechanical lift, which was not followed. A third resident, diagnosed with Parkinson's disease and dementia, was at high risk for falls and required a bed alarm as part of their fall prevention interventions. After being put back to bed by staff, the bed alarm was not activated as required by the care plan. The resident was subsequently found on the floor next to their bed, and documentation confirmed that the bed alarm was not in place at the time of the fall. In all three cases, the failure to adhere to individualized care plans directly contributed to resident falls.
Significant Medication Error Due to Failure in Resident Identification
Penalty
Summary
A deficiency occurred when a nurse administered seven medications to a resident that were actually prescribed for another individual. The facility's medication administration policy required nurses to verify the resident's identity, check the drug label multiple times, and ensure the five rights of medication administration, including right resident, right drug, right dose, right route, and right time. Despite these protocols, the nurse failed to verify the correct resident and did not administer the medications at the ordered time, resulting in the resident receiving medications not intended for them. The resident involved had diagnoses of dementia, hyperlipidemia, and anxiety, with severe cognitive impairment documented. However, the resident was generally able to state their name when asked, and staff confirmed that the resident could usually identify themselves. The error was discovered after the nurse realized the mistake and reported it. Interviews with staff confirmed that the nurse did not follow the required procedures for resident identification and medication administration. The facility's investigation found that the nurse did not practice safe medication administration and failed to perform the five rights. The incident was considered a significant medication error, and the nurse responsible was terminated. The event was documented through interviews, record reviews, and direct observation of the resident, who appeared alert and engaged following the incident.
Failure to Report Resident Fall and Injury Timely
Penalty
Summary
The facility failed to ensure that all alleged violations of abuse, neglect, or mistreatment, including injuries of unknown source, were immediately reported to the State Agency. Specifically, a resident with severe cognitive impairment, Alzheimer's disease, unspecified dementia with behavioral disturbance, and type 2 diabetes was left unattended and fell while ambulating, despite their care plan requiring staff assistance for transfers and ambulation. The incident occurred on 2/29/2024, but was not reported to the Department of Health until 3/01/2024. The facility's policies required that Safe Events Reports be completed and referred to the appropriate personnel and reviewed with the Interdisciplinary Team. However, the Registered Nurse on duty was unaware that the Certified Nurse Aide had violated the care plan by allowing the resident to ambulate independently. The Certified Nurse Aide was also unaware of the resident's care plan requirements. This lack of awareness and failure to report the incident promptly led to the deficiency identified during the survey.
Failure to Implement Comprehensive Care Plans
Penalty
Summary
The facility did not ensure the implementation of a comprehensive person-centered care plan for five residents. Specifically, for three residents, 15-minute safety checks were not completed as required by their care plans. One resident was found after an unwitnessed fall with no documentation of 15-minute checks being done from 2:00 AM to 6:00 AM. Another resident had no documentation for 15-minute safety checks between 2:00 PM and 7:00 PM and was found after an unwitnessed fall, requiring hospital evaluation. The third resident was found on the floor after an unwitnessed fall, with no 15-minute safety checks documented during the specified period. These lapses in safety checks led to unwitnessed falls and minor injuries for the residents involved. Additionally, the facility failed to ensure that specific interventions were in place for two other residents. One resident's bed was not in a low position, and appropriate footwear was not on the resident, as required by their care plan. Another resident's bed alarm was not in place before the resident was put to bed, leading to an unwitnessed fall. These deficiencies were identified through record reviews, progress notes, and staff interviews, which confirmed that the required interventions were not consistently implemented, resulting in care plan violations.
Failure to Ensure Resident Safety and Adherence to Care Plan
Penalty
Summary
The facility did not ensure the resident's environment remained as free of accident hazards as possible for one resident reviewed for accidents. Specifically, Resident #15, who had diagnoses of heart failure, type 2 diabetes mellitus, and end-stage renal disease, was found on the floor with the bed not in a low position, the call light not within reach, and without socks on. The resident's care plan included interventions such as a low bed and appropriate footwear, which were not followed by the Certified Nurse Aide (CNA) responsible for the resident's care. The facility's investigation revealed that the CNA did not place a bed alarm on the resident's bed, did not ensure the resident had non-skid socks on, and did not place the call light within reach. Interviews with facility staff confirmed that the CNA was aware of the care plan requirements but failed to follow them. The CNA received education on following care plans to prevent falls and injuries after the incident. Other staff members also acknowledged the importance of adhering to safety instructions and completing required safety checks to prevent such incidents.
Latest citations in New York
A resident with spastic quadriplegic cerebral palsy, severe hypoxic ischemic encephalopathy, chronic respiratory failure, and a tracheostomy was on continuous pulse oximetry with ordered SpO2 parameters and linked Vocera alerts. When the resident’s oxygen saturation dropped significantly, the Vocera system sent sequential alarms to the primary RN, buddy RN, charge RN, and RT. The primary RN repeatedly pressed “Accept” on the alert device without assessing the resident, while the buddy RN, charge RN, and RT did not respond to the alarms, each assuming others would intervene or not recalling the alert. For approximately 25 minutes, no assigned clinician assessed the resident despite ongoing alarms, until another RN, not assigned to the resident, heard an alarm while passing the room and found the resident unresponsive and gray. A Code Blue was initiated, CPR was performed, and the resident was transferred to the hospital, where they were found to have no brain activity and later died. The facility’s investigation determined that staff failed to respond to and appropriately manage the pulse oximetry/Vocera alerts and failed to maintain and use required communication devices as expected.
A resident with Parkinson’s disease, dementia with behavioral disturbances, and known exit-seeking behaviors, care planned with a wander alarm, eloped through a 3rd floor stairwell door whose alarm had been disabled days earlier by maintenance and security while addressing a wandering system issue. A plastic barrier was placed in front of the door, but the door remained accessible and unrepaired. Video showed the resident repeatedly attempting to exit, bypassing the barrier, trying to remove the wander device, and ultimately opening the door, falling into the stairwell, and leaving the unit. Staff observed the resident at the door but did not consistently redirect them, and the resident was later found outside the building by a visitor after staff realized the resident was missing and discovered the wheelchair in the stairwell.
Two residents with psychiatric and behavioral histories were waiting by an elevator in a lobby when one, known to have prior aggressive behavior and a care plan noting risk for physical aggression, removed a wheelchair armrest and struck the other in the forehead, causing a bump and laceration that required ED evaluation. Video, staff, and security accounts confirmed that the aggressor resident was able to access and weaponize the removable armrest in a common area despite prior documented altercations and behavioral concerns, and was only on 30‑minute checks at the time, resulting in a failure to protect another resident from physical abuse.
Staff failed to respond promptly to an oxygen alert alarm for a resident with spastic quadriplegic CP, severe hypoxic ischemic encephalopathy, chronic respiratory failure, severe cognitive impairment, and total dependence for ADLs, resulting in the resident being found unresponsive with gray skin and requiring a Code Blue, CPR, and hospital transfer where no brain activity was found and life support was later withdrawn. Despite facility policy requiring alleged or suspected neglect and serious bodily injury to be reported to the State Agency within 2 hours (or within 24 hours if no serious bodily injury), the Administrator was not notified until days after the event and the NYS DOH was notified four days after the incident; the DON reported they were initially unaware of the failure to respond to alarms or of the need to report the incident, and the Administrator stated they had not been informed of the Code Blue on the day it occurred.
Surveyors found that the facility failed to implement an effective infection surveillance and reporting process during a norovirus gastroenteritis outbreak and in its routine infection tracking. During the outbreak, only a single-day tracking sheet was completed for several residents with gastrointestinal illness on two units, and daily surveillance with updated symptoms and management was not maintained as required by facility policy. Despite receiving a directive from the state health department to submit a Nosocomial Outbreak Reporting Application for the identified cluster, the DON acknowledged that the report was never submitted. Additionally, monthly infection control line lists for residents on antibiotics for various infections lacked documentation of signs and symptoms, diagnostic and lab results, precautions used, and outbreak potential, even though the IP relied on these lists for surveillance.
A resident with multiple chronic conditions and numerous scheduled medications had repeated discrepancies between scheduled morning medication times and documented administration times. On multiple days, all medications ordered for a 9:00 a.m. pass were documented as given around midday by an RN, contrary to policy requiring timely administration and immediate electronic documentation. The RN cited computer timeouts, possible late documentation, and workload pressures, while leadership acknowledged that a single nurse was responsible for passing medications to roughly 40 residents within a limited time window and that MAR review was primarily done by the passing nurse and through monthly reports, with no routine MAR review by the pharmacy consultant.
The facility did not ensure residents understood how to file grievances and failed to document and track grievances and their resolutions. Residents reported that they only voiced concerns during resident council and were unclear about the grievance process otherwise, and the designated Grievance Officer could not produce a grievance log or forms. The DON acknowledged the grievance process was informal and lacked clear documentation. In addition, a resident with significant cardiac and neurologic conditions and moderately impaired cognition had a representative who raised multiple concerns about care coordination, communication, discharge planning, call bell response, personal property, preferences, and nutrition, but these grievances were largely handled verbally, with no consistent documentation of how each concern was addressed or resolved.
Surveyors found that the facility failed to provide timely toileting assistance and call bell response for multiple residents who were dependent on staff for ADLs. A resident with Parkinson’s disease and dementia, care planned for two-hour toileting checks, was found by family with urine-saturated clothing and wheelchair cushion after a CNA admitted not changing or checking on the resident for most of a shift, and documentation showed numerous missing toileting and check entries over several months. Another resident with a history of stroke and MI, requiring maximal assist for toileting, reported long waits for morning care while the call bell rang, with staff not responding for extended periods, and the resident’s representative described multiple episodes of call bell waits exceeding an hour. Resident Council minutes, call bell audits, and observations showed repeated long call bell wait times, including bells ringing for 15–45 minutes while various staff passed the rooms without responding, and a spouse reported frequent overnight calls from a resident seeking help because call bells were unanswered.
A resident with bowel incontinence and new-onset loose, watery stools and nausea had a physician and NP order for a stool bacterial detection panel with C. difficile and a GI PCR, along with PRN Zofran. Over subsequent shifts, documentation showed the resident remained incontinent of bowel and that the ordered stool collection was repeatedly marked on the TAR as "not administered, unable to obtain" by LPNs, despite multiple incontinence episodes. There was no documentation that the NP or physician were notified that the ordered stool specimen had not been collected, even though facility policy required practitioner notification when orders were not carried out and the physician and NP later stated they expected to be informed if a lab test they ordered was not completed.
A resident with vascular dementia, behavioral disturbances, and dependence for transfers and toileting was sent to the hospital for suspected GI bleeding, with documentation indicating an unplanned hospital transfer and anticipated return. An IDT meeting held earlier did not document any discharge planning, and the resident’s care plan lacked a planned discharge. While the resident remained hospitalized, the facility issued a same-day discharge notice citing inability to meet needs and endangerment to others, based on interference from the resident’s guardians rather than documented resident behavior, and later did not accept the resident back after medical clearance. The medical record contained no IDT discharge plan and no subsequent nursing or social work notes, demonstrating a lack of documented discharge planning and coordination.
Failure to Respond to Pulse Oximetry Alarms for Tracheostomy-Dependent Resident
Penalty
Summary
The deficiency involves the facility’s failure to ensure that a resident requiring respiratory care and continuous pulse oximetry monitoring received services consistent with professional standards of practice and the resident’s care plan. The resident had spastic quadriplegic cerebral palsy, severe hypoxic ischemic encephalopathy, and chronic respiratory failure, was severely cognitively impaired, and was totally dependent on staff for all ADLs. The care plan and physician’s orders required mechanical ventilation with CPAP to tracheostomy collar overnight, humidified trach collar oxygen during the day, and maintenance of oxygen saturation above 92%, with pulse oximeter alarm parameters set to alert below 92%. The resident was equipped with a pulse oximeter linked to the Vocera alert system, which generated alarms at the bedside and on staff mobile devices when oxygen saturation fell outside ordered parameters. On the day of the incident, the resident’s oxygen saturation dropped to 84% at 8:58 AM, triggering an alert to the primary RN via the Patient Safe Solutions/Vocera system, followed by sequential escalation to the buddy RN, the charge RN, and the RT when not acknowledged. The Call Point Detailed Activity Report showed that an alert was sent to the primary RN at 8:58 AM, to the buddy RN at 8:59 AM, and to the charge RN and RT at 9:01 AM. The primary RN pressed “Accepted” on the device at 9:04 AM, and again when the system alerted at 9:17 AM and 9:18 AM, but did not go to the resident’s room to assess the resident and did not document any assessment or intervention. The buddy RN reported not recalling hearing the alert and stated they were administering medications and unaware of the resident’s distress until the rapid response was called. The charge RN acknowledged receiving the alert but did not respond timely, stating they expected the primary or buddy nurse to respond. The RT stated they received the alert but were busy with other residents and expected other staff to respond. From 8:58 AM to 9:23 AM, no assigned nurse or RT responded to the alarms or performed a clinical assessment of the resident, and the alarm cycle continued without intervention. At 9:23 AM, a second alert was triggered when the resident’s oxygen saturation dropped to 52%. An RN who was not assigned to the resident heard an alarm while passing the room, entered, and found the resident in a wheelchair, unresponsive with gray skin. This RN activated a rapid response/Code Blue, assisted in returning the resident to bed, and another RN began chest compressions. EMS was called and arrived at 9:44 AM; a pulse was briefly restored, and the resident was placed on a ventilator and transferred to the hospital, where they were determined to have no brain activity. Life support was later terminated and the resident expired. The facility’s own investigation concluded that nursing and respiratory staff failed to respond to alarms, failed to appropriately acknowledge and review alerts, failed to maintain accessibility to required communication devices, and failed to escalate when they were occupied or unable to respond, resulting in actual harm and Immediate Jeopardy to the resident and placing other monitored residents at risk.
Removal Plan
- Review camera footage, Patient Safe Solution phone verification notifications, and the pulse oximetry policy.
- Re-educate involved staff on pulse oximetry alarm response, notification handling, and escalation expectations.
- Send voice alarm presentation via email to all assistant nurse managers and assistant directors of nursing for review during evening and morning huddles.
- Ensure Vocera device functionality is reviewed and staff are instructed to keep devices accessible and operational.
- Have IT/MIS check and confirm monitoring equipment is functioning properly.
- Implement disciplinary action for staff involved.
- Discuss and initiate a root cause analysis.
- Review and revise the pulse oximetry policy.
- Provide leadership oversight.
- Implement an audit of alert response times.
Elopement of High-Risk Resident Through Disabled Stairwell Door Alarm
Penalty
Summary
The deficiency involves the facility’s failure to provide adequate supervision and maintain a safe environment for a resident with known exit-seeking behaviors and elopement risk. The resident had diagnoses of Parkinson’s disease, dementia with behavioral disturbances, and anxiety, and was assessed as having moderately impaired cognition. The resident’s MDS documented exit-seeking behaviors and daily use of a wander/elopement alarm, and the comprehensive care plan identified the resident as an elopement risk/wanderer related to disorientation to place, with an intervention for a wandering device on the ankle. A physician’s order also specified a wandering device to the right ankle with checks every shift. The 3rd floor North stairwell door alarm had been disabled by maintenance following a work order dated 07/02/2024. Maintenance and security staff attempted to address a wandering system alarm issue, and the alarm on the 3rd floor North stairwell door was turned off by removing a screw from the alarm box. A yellow plastic accordion-style barrier was placed in front of the door, and nursing staff were notified that the door was broken. However, the door itself remained accessible, and the alarm remained disabled for days prior to the elopement. Staff on the unit, including CNAs, were not all aware that the stairwell door was broken, and the door was not repaired until 07/17/2024. On the day of the incident, video footage showed the resident repeatedly exit-seeking at the 3rd floor North stairwell door over several hours. The resident moved the yellow barrier, wheeled around it, and closed it behind them. At one point, two unidentified staff observed the resident at the door, opened the barrier, and walked away without redirecting the resident. The footage documented multiple attempts by the resident to exit, including attempts to remove the wander alert bracelet and repeated efforts to push on the delayed egress bar with their leg and hands. Eventually, the resident stood from the wheelchair, pushed the crash bar, opened the door, and fell backwards into the stairwell while pulling the wheelchair through. The resident then maneuvered the wheelchair into the stairwell and exited the unit. Staff later discovered the resident missing, found the wheelchair in the stairwell, and the resident was ultimately located outside the building by a visitor and brought back inside by nursing and security. The DON’s investigation summary identified the root cause of the elopement as the 3rd floor North stairwell door alarm being disabled while the door remained broken and unsecured.
Removal Plan
- Resident #1 was placed on 15-minute safety checks and kept under line-of-sight supervision when outside of their room; continued with use of a wander alert device; and resided in a room adjacent to the nursing station for frequent observations.
- All staff were educated on the Elopement policy and what measures to take if a resident went missing, including a power point presentation and post-tests.
- All exit and stairwell doors in the facility on the 2nd and 3rd floors were repaired by an outside vendor.
Failure to Prevent Resident-to-Resident Physical Abuse in Lobby Elevator Area
Penalty
Summary
The deficiency involves the facility’s failure to protect a resident from physical abuse by another resident, despite a known history of aggressive behavior. One resident with paraplegia, mood disorder, major depressive disorder, and anxiety disorder had an established care plan noting potential for physical aggression and risk of being abused. Prior documentation showed that this resident had been involved in a physical altercation with another resident in June of the previous year, during which they reported being punched and stated they hit the other resident back. The care plan was updated at that time to reflect that the resident was abused by peers, with interventions including relocation as needed and a psychiatry referral, but later updates reflecting another resident-to-resident altercation did not include new interventions. On the day of the incident, video surveillance and witness statements documented that the aggressive resident and another resident were waiting at the elevator in the lobby, along with other residents. The second resident, who had diagnoses including schizophrenia and bipolar disorder, approached and stood next to the first resident’s wheelchair. The first resident was seen making hand gestures, then removed the left wheelchair armrest and used both hands to swing it toward the second resident. When the second resident reached toward the armrest, the first resident struck them on the forehead with the armrest, causing bleeding and resulting in a bump and small laceration. Staff arrived immediately after the assault and separated the residents, and the injured resident was later assessed and transferred to the hospital for evaluation. Interviews conducted after the event revealed differing accounts of the interaction leading up to the assault. The first resident reported that the second resident had previously used a racial epithet toward them and, on the day of the incident, again stood close, touched their shoulder, and repeated the racial epithet, prompting them to remove the armrest and strike the other resident. The second resident stated they were standing at the elevator, heard the first resident saying something, ignored it, and were then struck without warning. A security guard reported hearing the first resident tell the second resident not to stand close and to stop touching them, then observed the first resident swinging the armrest and hitting the second resident. Facility staff, including the RN Supervisor and DON, acknowledged that the incident occurred off the unit, that the aggressive resident had a history of verbal and physical abusive behavior toward staff, and that this was the first documented physical altercation between these two specific residents. Despite prior behavioral incidents and care plan documentation of aggression risk, the resident was on 30‑minute checks and was able to access and weaponize a removable wheelchair armrest in a common area, resulting in physical abuse of another resident.
Failure to Timely Respond to Oxygen Alarm and Report Suspected Neglect
Penalty
Summary
Facility staff failed to immediately report an alleged incident of neglect involving a resident who was dependent on respiratory support and continuous monitoring. The resident had spastic quadriplegic cerebral palsy, severe hypoxic ischemic encephalopathy, chronic respiratory failure, was severely cognitively impaired, and totally dependent on staff for all ADLs. On the date of the incident at 8:58 AM, the resident’s alert alarm indicated decreasing oxygen levels, but nursing and respiratory staff did not respond to the alarm or assess the resident in a timely manner, in deviation from the facility’s pulse oximetry escalation pathway and alarm response procedures. The resident was later found unresponsive with gray skin, and a Code Blue was initiated. CPR was started, and the resident was transferred to the hospital, where they were determined to have no brain activity; life support was later terminated and the resident expired. Although the facility’s policy required that alleged or suspected violations involving mistreatment, neglect, or other reportable events be reported to the State Survey Agency and other appropriate authorities no later than 2 hours after forming the suspicion if serious bodily injury occurred, or within 24 hours otherwise, the incident was not reported in accordance with these time frames. The incident occurred on one date, the Administrator was not notified until a later date, and the New York State Department of Health was not notified until four days after the event. The DON stated they were unaware that staff had failed to respond to the alerts until reviewing the alert system report and interviewing staff, and also stated they were unaware the incident should have been reported to the Department of Health, while the Administrator confirmed they had not been notified of the Code Blue on the day it occurred.
Failure to Implement Effective Infection Surveillance and Outbreak Reporting
Penalty
Summary
The deficiency involves the facility’s failure to maintain and implement an effective infection prevention and control program during a norovirus outbreak and in its ongoing surveillance activities. During a norovirus gastroenteritis outbreak, the facility identified multiple residents with gastrointestinal illness on two units, as documented on an infection control tracking sheet for a single date. The facility’s policy on routine infection control surveillance required ongoing assessment of all residents for changes in symptoms or conditions indicative of infection, but surveillance tracking was only completed for one day and was not continued or updated with symptoms or management throughout the outbreak. The DON and the Infection Preventionist (IP) both acknowledged that surveillance tracking sheets should have been completed daily during the outbreak and that they did not know why this was not done. The facility also did not comply with state reporting requirements related to the outbreak. After the cluster of gastrointestinal illness cases was identified, the NYSDOH sent an email to the DON stating that submission of a Nosocomial Outbreak Reporting Application report was required for a single case of a reportable pathogen in a nursing home resident or a cluster of cases above baseline. The DON stated they were aware of this email but confirmed that the requested outbreak report was never submitted to NYSDOH. The DON further stated that NYSDOH should have been contacted immediately when the outbreak was discovered, and that they were not the DON at the time and did not know why the previous DON failed to submit the report. In addition to the outbreak-related issues, the facility’s ongoing infection surveillance line lists for several months were incomplete. The Infection Control Line List for January, February, and March documented residents on antibiotic therapy for various infections, including wound infections, respiratory infections, urinary tract infections, bacteremia, and Clostridium difficile. However, these line lists lacked documentation of infection signs and symptoms, diagnostic tests and laboratory results, the type of precautions used, and any indication of outbreak potential. During interview, the IP confirmed that they used the line list for surveillance and monitoring of residents with infections and on antibiotics, but acknowledged that the lists did not include the required clinical details and precautions. The DON also stated that the IP was responsible for ensuring surveillance included signs and symptoms, diagnostic tests with results, and precautions to prevent outbreaks.
Incomplete and Inaccurate Medication Administration Documentation for a Resident
Penalty
Summary
The deficiency involves the facility’s failure to maintain complete and accurately documented medical records in accordance with accepted professional standards for one resident. For this cognitively intact resident with essential hypertension, adjustment disorder with mixed anxiety and depressed mood, major depressive disorder, and dementia, standing medication orders included multiple daily and twice-daily medications such as antihypertensives, antidepressants, an anticoagulant, a diuretic, an antianginal patch, an inhaler, and other agents. The facility’s medication administration policy required that medications be administered in accordance with physician orders, that documentation of administration be completed on the computer immediately after administration with the nurse’s initials at the corresponding date and time, and that at the end of each shift the medication nurse review the MAR, 24‑hour report, and nurses’ notes to ensure documentation is accurate and complete. Record review of the medication administration audit report for multiple dates in December 2024 showed discrepancies between the scheduled 9:00 a.m. administration times and the times documented as administered for this resident’s medications. On thirteen separate dates, all medications scheduled for 9:00 a.m. were documented as being administered after 12:00 p.m. but before 1:00 p.m. when a particular RN was passing medications to this resident. These documented times did not align with the scheduled administration time and were inconsistent with the policy requirement that medications be given at the right time and documented immediately after administration. The pattern of late documentation occurred on each of the identified dates when that RN was responsible for the medication pass for this resident. In interviews, the RN who administered the medications stated that the resident received most medications at 9:00 a.m. and some at 5:00 p.m., and described issues such as the computer timing out after about 10 minutes, logging the nurse out, and situations where medications might have been given earlier but not clicked off in the system. The RN reported that the documented times (for example, showing around 12:00 p.m.) might not be accurate, could reflect late documentation, and could be affected by computer glitches, but could not recall specific details from the December dates. The Assistant DON reported that one nurse on the unit was responsible for administering medications to approximately 38–40 residents, that the incoming nurse’s start of shift included a narcotic count and report that delayed the start of the medication pass to about 8:30 a.m., and that this left about two minutes per resident to complete the pass by 10:00 a.m. The Administrator stated that their expectation was that nurses review the MAR at the end of the shift and that unit managers run a monthly report, while the Pharmacy Consultant stated they did not review MARs and assumed nursing conducted internal auditing. These practices and conditions contributed to incomplete and inaccurate medication administration documentation for the resident on the identified dates.
Failure to Inform Residents of Grievance Process and Document Grievances and Resolutions
Penalty
Summary
The facility failed to ensure residents were informed about the grievance process and that grievances were documented and tracked in accordance with its grievance policy. The Social Services/Admissions Coordinator, identified as the Grievance Officer, reported that while they interviewed residents and emailed Administration about complaints they could not resolve, they were unable to provide a grievance log or grievance forms. During resident council, multiple residents stated they voiced concerns in the meeting but did not know how to file grievances outside of that setting, and there was no documented evidence listing grievances or the facility’s responses. The DON stated that grievances should be monitored by Social Services with documentation of the nature of the complaint and the resolution, but acknowledged that the process was informal, dependent on circumstances, and not completely clear, with no forms or documentation used to track grievance progress and resolution. For one resident reviewed for care planning, the facility did not consistently address and document multiple grievances raised by the resident’s representative. This resident had diagnoses including cerebral infarction, occlusion and stenosis of the left carotid artery, and myocardial infarction, with the admission MDS indicating moderately impaired cognition and involvement of the resident and family in assessment and goal setting. The representative reported numerous concerns regarding miscommunication between nursing and rehabilitation, discharge planning, appointment scheduling, call bell response time, personal property, resident preferences, nutrition, and proper diet, all of which were communicated to Administration via email and paper copies. Although a family meeting was held to discuss these concerns, the Social Services/Admissions Coordinator and the DON confirmed there was no documented evidence of how each grievance was addressed or resolved, and that most concerns were handled verbally without formal documentation or investigation of every complaint.
Failure to Provide Timely Toileting Assistance and Call Bell Response
Penalty
Summary
Surveyors identified a deficiency in the facility’s failure to provide necessary assistance with toileting and timely response to call bells for residents who were unable to perform activities of daily living independently. Facility policy on Activities of Daily Living required that residents receive appropriate treatment and services to maintain or improve their ability to carry out ADLs, including elimination and toileting, and the facility’s No Pass policy required all staff to respond to call lights and obtain help if they could not provide it themselves. Despite these policies, multiple observations, interviews, and record reviews showed that residents did not consistently receive timely toileting care or call bell responses. One resident with Parkinson’s disease, dementia, heart disease, severely impaired cognition, and total dependence on staff for toileting and hygiene was care planned to be checked for incontinence and changed as needed, and to have toileting needs anticipated every two hours with assistance to the toilet. Kardex instructions for several months reiterated two-hour toileting checks and assistance, and CNA documentation reports for January through March showed numerous missing entries for toileting and two-hour checks across multiple shifts. A nursing home investigative report documented that a family member found this resident with urine-saturated clothing and wheelchair cushion in the afternoon, and the Administrator confirmed the saturation. The CNA identified as responsible for ADLs and accountability tasks for that shift stated they did not change the resident at all during the eight-hour shift, did not perform end-of-day care, and did not inform anyone that they were unable to care for the resident, and also stated they did not check on the resident until late morning. There was conflicting documentation on the assignment sheet, and another CNA reported that the resident was checked every two hours and could indicate when cleaning was needed, while a second family member reported having observed a strong urine smell on three Sunday visits in recent months, which staff addressed when notified. Another resident with a history of stroke and myocardial infarction, and moderately impaired cognition, required maximal assistance with toileting and moderate assistance with bathing and dressing. During one observation, this resident’s call bell was ringing, and the resident reported having waited a long time for care and stated they had been waiting since early morning; staff did not respond until several minutes after the surveyor’s observation began, at which time morning care was provided. On another day, the shared room call bell was ringing while two residents in the room reported they were still in bed, unwashed, undressed, and waiting to get out of bed, stating they had been waiting about half an hour; staff arrived to assist approximately 18 minutes after the surveyor’s initial observation. The resident’s representative reported multiple episodes when call bell response times exceeded one hour and had communicated these concerns to staff. The DON stated that call bells should be responded to when heard and that 30–60 minutes was not acceptable, but also indicated that response time depended on staffing. Additional evidence of delayed call bell response and unmet toileting needs came from Resident Council minutes, call bell audits, and direct observations. Resident Council minutes over several months documented ongoing resident reports that call bell wait times were “on the longer side” and “too long,” and that more nursing staff were needed, particularly on weekends when residents reported only three CNAs were often scheduled. Facility call bell audits conducted in response to complaints documented 23 observations, including one call bell active for 45 minutes and another for 15 minutes in the same room. During one observation, a room call bell rang for at least 14 minutes while multiple staff, including a CNA, a medication nurse, a social work/admissions coordinator, and a unit clerk, passed the room without entering; when the CNA finally entered, the resident requested a bedpan and the CNA left and did not return with the bedpan for another 10 minutes. In another observation, a room call bell rang for at least 27 minutes while a medication nurse, social work/administration staff, and a unit clerk were present in the hallway or nearby but did not respond to the bell. A spouse reported receiving at least 10 overnight phone calls from a resident asking them to call the nurses’ station because no one was responding to the call bell, and also reported that it took a long time for the nurses’ station to answer the phone.
Failure to Collect Ordered Stool Specimen and Notify Practitioner of Uncompleted Lab Test
Penalty
Summary
The deficiency involves the facility’s failure to ensure that a resident received treatment and care in accordance with professional standards and practitioner orders when a stool specimen was not collected as ordered, and the ordering practitioners were not notified. The facility’s policy dated 05/2025 required that when a physician or other authorized practitioner’s order is not carried out as ordered, delayed, modified, or discontinued, the practitioner must be notified. Resident #124 had diagnoses including moderate persistent asthma, essential hypertension, and spinal stenosis, and was documented as always incontinent of bowel and dependent on staff for toileting and hygiene per the care guide, care plan, and admission MDS. On 12/11/2024, the resident developed loose, watery stools and nausea, and the physician and NP were notified, resulting in orders for a stool bacterial detection panel with C. difficile and Zofran as needed. On 12/11/2024, nursing documentation showed that the resident had an episode of loose watery stool in the morning, with the physician notified and an order given to collect stool for testing. Later that day, an RN documented that the resident had nausea and loose stool, that the NP was made aware, and that stool collection and Zofran were ordered. The NP progress note that evening documented watery stool, ordered a GI PCR to rule out gastroenteritis, and planned to monitor the resident, noting stable vitals and a mildly elevated white blood count. The functional abilities record showed the resident was incontinent of bowel on multiple shifts on 12/11/2024, 12/12/2024, and 12/13/2024. The Treatment Administration Record for December 2024 documented the stool test order on 12/11/2024 and 12/12/2024, with entries by LPN #2 and LPN #3 indicating the stool collection was “not administered, unable to obtain.” Despite repeated incontinence episodes that could have provided opportunities to obtain a specimen, there was no documented evidence that the NP or physician were notified that the ordered stool sample had not been collected. A nursing progress note on 12/12/2024 at 2:24 A.M. documented that the resident was alert, able to make needs known, had poor appetite, good fluid intake, an episode of emesis after drinking water too fast, and was feeling better afterward, but did not address the outstanding stool order. During interviews, LPN #3 acknowledged awareness of the stool collection order and documented “not administered” on two shifts but did not write a note indicating that the NP or physician had been informed that the specimen was not obtained. The LPN Unit Manager stated that whether to notify the NP or physician when a stool sample was not collected was handled on a case-by-case basis. In contrast, the Medical Director/Primary Physician and NP #1 both stated they expected to be informed if a lab test they ordered, such as a stool specimen, was not completed, and NP #1 indicated they might have added additional orders and reminded staff to collect the stool if they had known it was not obtained.
Failure to Provide Appropriate Discharge Planning and Readmission for Hospitalized Resident
Penalty
Summary
Surveyors identified that the facility failed to ensure an appropriate discharge plan for one resident who was hospitalized for a suspected gastrointestinal bleed. The resident had vascular dementia with behavioral disturbances, sequelae of cerebral infarction, constipation, and atrial fibrillation, and was dependent for toileting and transfers with documented verbal and physical behaviors toward others. After the resident vomited coffee-ground emesis, the physician ordered a transfer to the hospital emergency department to rule out a GI bleed, and the discharge MDS reflected an unplanned discharge to a short-term general hospital with return anticipated. An interdisciplinary care plan meeting held prior to the hospitalization included multiple disciplines, the resident’s companion, and two guardians, but there was no documentation that discharge planning was discussed, and the resident’s care plan contained no evidence of a planned discharge. While the resident was in the hospital, the facility issued a same-day Transfer/Discharge Notice stating that the IDT had determined the resident would be discharged that day, citing that the resident’s needs could not be met after reasonable accommodation and that the safety and health of individuals in the facility would be endangered. The notice identified interference from the resident’s two guardians as the evidence supporting these reasons, but there was no documentation that the resident personally endangered the health or safety of others. The notice included information about the right to appeal the discharge, and the discharge was appealed. When the resident was medically cleared to return, the facility did not accept the resident back. Review of the electronic medical record showed no documented IDT discharge plan and no nursing progress notes after the date of hospital transfer, and no social work progress notes after that time, indicating a lack of documented planning and coordination related to the discharge decision.
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