Blossom Health Care Center Inc.
Inspection history, citations, penalties and survey trends for this long-term care facility in Rochester, New York.
- Location
- 989 Blossom Road, Rochester, New York 14610
- CMS Provider Number
- 335473
- Inspections on file
- 19
- Latest survey
- March 24, 2026
- Citations (last 12 mo.)
- 1
Citation history
Health deficiencies cited at Blossom Health Care Center Inc. during CMS and state inspections, most recent first.
A resident with muscle weakness, prior cerebral infarction, diabetes, moderately impaired cognition, and dependence on staff for mobility and transfers was allegedly treated roughly and spoken to with profanity by a CNA during a transfer observed by a PTA. The PTA reported that the resident appeared fearful and said the CNA behaved that way frequently, but the PTA did not intervene or immediately report the incident. The concern was relayed later that day to an LPN and then to HR, yet the allegation was not promptly escalated to the DON or Administrator, and the CNA continued to be assigned to and provide care to the same resident across multiple shifts. The facility’s subsequent investigation, which found no evidence of abuse, did not include statements from all staff who had knowledge of the allegation, and leadership later acknowledged delays in reporting, initiation of the investigation, and implementation of protective measures.
The facility failed to properly store controlled medications, as observed during a survey. Two narcotic cabinets were not double-locked as required, with one cabinet on the third floor found unlocked and another on the second floor missing a lock. Staff interviews revealed a lack of awareness and communication regarding the broken locks, and the facility's policy did not specify the double-lock requirement.
The facility lacked a comprehensive policy for the storage and handling of foods brought by visitors, leading to improperly labeled and undated food items in resident kitchenettes. Staff were not trained or equipped to safely reheat food, as there were no microwaves or thermometers available, and the Food Service Director was unsure of the procedures in place.
The facility failed to comply with the 2015 International Fire Code and NFPA 720 standards by not testing carbon monoxide detectors in areas with fuel-burning appliances. The Director of Maintenance was unaware of the testing requirements, and no documentation of testing was available.
A resident with Parkinson's disease, requiring two-person assistance, fell and fractured their wrist while a CNA checked for incontinence alone. The facility did not report the incident to the state, as the DON and Administrator did not consider it care. Other staff confirmed the resident's need for two-person assistance. The facility lacked additional information to rule out abuse or neglect.
A resident with Parkinson's disease and other conditions fell from their bed, resulting in a wrist fracture, due to insufficient assistance from staff. The facility's investigation was inadequate, lacking detailed statements and failing to address potential care plan violations. The facility did not fully adhere to its policies on investigating injuries and abuse, neglect, or mistreatment.
A resident with multiple stage three pressure ulcers did not receive prescribed wound care due to a lack of communication and process failures within the facility. The prescribed Triad Hydrophilic cream was unavailable, and staff were unaware of the issue, leading to the resident not receiving necessary treatments. The physician's orders were not entered into the electronic health record, and the facility failed to ensure the availability and administration of the prescribed treatment.
A resident with a history of stroke and hemiplegia did not consistently receive a hand device for a contracture as recommended by Occupational Therapy and ordered by the physician. Observations showed the resident's hand was without the device, leading to skin issues. Interviews revealed a lack of awareness among staff about the care plan, resulting in the deficiency.
A resident with respiratory conditions was observed using oxygen without a physician's order or documentation in their care plan. The facility's policy requires a physician's order for oxygen use, which was not obtained. Staff interviews confirmed the oversight, acknowledging the absence of necessary orders and care plan details.
During a survey, it was found that handwashing sinks in the soiled utility rooms on the second and third floors were non-functional. The Director of Maintenance confirmed that the third-floor sink had been non-operational for at least a year, and the second-floor sink also failed to discharge water when tested.
Failure to Timely Report and Protect Resident After Alleged Abuse Incident
Penalty
Summary
The deficiency involves the facility’s failure to respond timely and appropriately to an allegation of abuse and to protect a resident from further potential abuse once staff became aware of the allegation. Facility policy required any employee who witnessed abuse to immediately intervene to stop the abuse, report it at once to a supervisor or charge nurse, and ensure the alleged abuser was removed from resident care while an investigation was conducted. On the date of the incident, a physical therapy assistant (PTA) observed an interaction between a certified nursing assistant (CNA) and a resident in which the CNA allegedly used profanity, forcefully removed the resident’s blanket, pulled the resident’s leg, and yanked the resident up by the wrist before placing the resident into a wheelchair. The PTA reported that the resident appeared fearful and stated that the CNA behaved that way “all the time,” but the PTA did not intervene during the incident and did not immediately report the allegation. The resident involved had diagnoses including muscle weakness, cerebral infarction, and diabetes, with a recent MDS documenting moderately impaired cognition and a need for staff assistance with bed mobility and transfers. Despite the PTA’s report to an LPN sometime after lunch, and the LPN’s subsequent report to the Human Resources (HR) Director that afternoon, the allegation was not promptly escalated to the DON or Administrator on the day of the incident. Timecard and assignment records showed that the CNA continued to work a full day and evening shift on the day of the alleged incident and was again assigned to the same resident the following morning, indicating that no immediate protective measures, such as removing the CNA from resident care, were implemented upon initial staff awareness of the allegation. The facility’s internal investigation, completed several days later, concluded there was no evidence to support that abuse had occurred and included statements from the PTA, the CNA, the resident, and the resident’s roommate, who described the CNA’s interaction as abrupt. However, the investigation lacked documented statements from the LPN and the HR Director, even though both were identified as having knowledge of the allegation. Interviews with the DON, Administrator, Regional Social Worker, and other staff confirmed that there was a delay in reporting the allegation to facility leadership, that the investigation was not initiated on the day of the incident, and that there was a breakdown in communication that resulted in the CNA continuing to provide care to the resident after the alleged incident without immediate protective actions being taken.
Deficiency in Controlled Medication Storage
Penalty
Summary
The facility failed to ensure that all drugs and biologicals were properly stored in accordance with State and Federal Laws, specifically regarding the storage of controlled medications. During a Recertification Survey, it was observed that two of four narcotic cabinets were not double-locked as required. On the third floor, the controlled medication cabinet was found unlocked and open, and the nurse on duty was unable to lock it, citing past issues with the lock. Similarly, on the second floor, the cabinet was also unlocked and had a missing lock, with several controlled substances stored inside. The nurse on duty confirmed the cabinet had been broken for a long time. Interviews with staff revealed a lack of awareness and communication regarding the broken locks. The Licensed Practical Nurse Manager was unaware of the broken lock on the second floor and believed maintenance had fixed it. The Director of Maintenance confirmed they were informed of the issue but did not have the correct parts to fix it. The Director of Nursing was also unaware of the ongoing issue with the locks, despite previous concerns being raised. The facility's policy did not specify the requirement for double-locking controlled substances, contributing to the oversight.
Deficiency in Food Storage and Handling Procedures
Penalty
Summary
The facility failed to ensure there was a comprehensive policy and procedure regarding the use and storage of foods brought to residents by family and other visitors. During the Recertification Survey, it was observed that staff were not aware or educated on the facility's policies and procedures for labeling, dating, and measuring temperatures of resident food brought in from outside the facility. Specifically, there were undated and improperly labeled food items in the kitchenettes on the 2nd and 3rd floors, and no thermometers were available for staff to measure reheated food temperatures. Additionally, there was no microwave available on the nursing units, which further complicated the reheating process. Interviews with staff, including the Food Service Director, a Licensed Practical Nurse, and a Certified Nursing Aide, revealed a lack of training and resources for properly handling and reheating resident food. The Food Service Director was unsure if nursing staff were trained on reheating procedures or if thermometers were available. Nursing staff confirmed they were responsible for labeling and dating food but had not received training on reheating procedures and lacked the necessary equipment, such as microwaves and thermometers, to safely reheat food for residents.
Non-Compliance with Carbon Monoxide Detection Requirements
Penalty
Summary
During a Recertification Survey conducted from September 25, 2024, to October 1, 2024, it was observed that the facility did not comply with section 915 of the 2015 edition of the International Fire Code as adopted by New York State. This section mandates the use of carbon monoxide detection and testing in buildings with fuel-burning appliances. Observations revealed that battery-operated carbon monoxide detectors were installed on the first, second, and third floors, as well as in the generator room containing a natural gas generator and the main mechanical room on the first floor with fuel-burning furnaces and boilers. The Director of Maintenance, during an interview, admitted to being unaware of the requirement for testing the carbon monoxide detectors and did not know the frequency of such tests. Furthermore, there was no documentation available to indicate that the detectors had ever been tested throughout the building. According to the 2012 Edition of NFPA 720, carbon monoxide alarms should be inspected and tested at least monthly in accordance with the manufacturer's instructions. The facility's failure to adhere to these requirements resulted in a deficiency noted by the surveyors.
Failure to Report Resident Fall and Injury
Penalty
Summary
The facility failed to report an incident involving a resident who fell out of bed while receiving care, resulting in a major injury, to the New York State Department of Health as required by state law. The resident, who had diagnoses including Parkinson's disease and was at risk for falls, required two-person assistance for bed mobility and other activities. Despite this, a Certified Nursing Assistant (CNA) attempted to check the resident for incontinence alone, during which the resident fell and sustained a fracture to the left wrist. The incident was documented in the facility's records, noting the resident's injuries and the CNA's statement that the resident fell while they were checking for incontinence. However, the Director of Nursing and the Administrator did not consider this as providing care, and thus did not report it as a state reportable incident. The Director of Nursing ruled out abuse and neglect based on the CNA's statement, despite the resident's account that the CNA was changing the bed linens, which would have required two-person assistance according to the care plan. Interviews with other staff, including another CNA, confirmed that the resident required two-person assistance even for incontinence checks. The facility did not provide additional information to confirm that abuse, neglect, or mistreatment had been ruled out, and the CNA involved was unavailable for further interview. The lack of reporting and investigation into the incident represents a deficiency in the facility's adherence to state reporting requirements.
Inadequate Investigation of Resident Fall
Penalty
Summary
The facility failed to thoroughly investigate an alleged violation involving a witnessed fall of Resident #29, which resulted in a major injury. The resident, who had diagnoses including Parkinson's disease, respiratory failure, and asthma, was cognitively intact and required maximum assistance for mobility and toileting hygiene. The care plan specified that two persons were needed for assistance with transfers and bed mobility. However, during the incident, only one Certified Nursing Assistant (CNA) was present, which led to the resident falling off the bed and sustaining a fracture to the left wrist. The investigation into the incident was inadequate as it lacked a detailed account of the resident's statement and a thorough statement from the CNA regarding adherence to the care plan. The Incident/Accident form did not address any potential care plan violation related to the one staff assist for bed mobility. The Director of Nursing (DON) and the Administrator believed the investigation was thorough, but acknowledged that more specific questions should have been asked regarding the CNA's actions during the incident. The facility's policies on investigating resident injuries and abuse-prohibition were not fully adhered to, as the investigation did not include a comprehensive assessment of potential abuse, neglect, or mistreatment. The facility was unable to provide additional information or a conclusion ruling out these factors in relation to the fall. This deficiency highlights a failure to ensure all alleged violations involving abuse, neglect, or mistreatment were thoroughly investigated, as required by the facility's policies and regulations.
Failure to Administer Prescribed Wound Care for Resident
Penalty
Summary
The facility failed to provide necessary treatment and services for a resident with multiple stage three pressure ulcers, as prescribed by the physician. The resident, who was severely cognitively impaired and at risk for developing pressure ulcers, did not receive the prescribed treatment for their wounds. Physician's orders included specific wound care instructions, but the treatment was not completed as ordered from 09/20/2024 to 09/27/2024, and was marked as on hold from 09/28/2024 to 09/30/2024. There was no documentation explaining why the prescribed Triad Hydrophilic cream was not administered, and the facility was unable to provide evidence that a subsequent order for wound care was entered into the electronic health record or administered. Interviews with facility staff revealed a lack of awareness and communication regarding the availability of the Triad Hydrophilic cream and the execution of the physician's orders. Registered nurses and the Director of Nursing were unaware that the cream was not available or that the resident had not been receiving the ordered treatments. The pharmacist confirmed that the cream was not provided by them and was noted as a stock item by the facility. The physician expressed that they were not informed of the failure to carry out the new orders in a timely manner. This deficiency highlights a breakdown in communication and process for ensuring that prescribed treatments are available and administered as ordered.
Failure to Provide Appropriate Hand Device for Resident with Contracture
Penalty
Summary
The facility failed to ensure that a resident with limited mobility received the appropriate services and assistance to maintain mobility and prevent complications. Specifically, the resident, who had a history of cerebral infarction with hemiplegia and aphasia, did not consistently receive a hand device, such as a rolled washcloth or gauze pad, for a hand contracture as recommended by Occupational Therapy and ordered by the physician. The resident's care plan and physician's orders specified the use of a rolled washcloth or gauze pad in the right hand during the day to prevent complications, but observations during the survey revealed that the resident did not have the device in place, and the skin on the resident's hand was reddened and peeling. Interviews with facility staff, including a Registered Nurse Manager, a Certified Nursing Assistant, and a Physical Therapist, confirmed that the resident required the hand device to maintain range of motion and skin integrity. However, the Certified Nursing Assistant was unaware of the requirement to use the rolled washcloth, indicating a lack of communication or understanding of the care plan. The Director of Nursing acknowledged that Certified Nursing Assistants should follow the care cards (Kardex) to provide appropriate care, but this was not consistently done, leading to the deficiency.
Failure to Provide Physician-Ordered Respiratory Care
Penalty
Summary
The facility failed to provide specialized respiratory care for a resident, as required by professional standards and the resident's care plan. Specifically, the resident was observed using oxygen via a nasal cannula without a physician's order or documentation in the Medication Administration and Treatment Administration Records. The facility's policy on oxygen administration requires staff to verify a physician's order and review the resident's care plan for any special needs, which was not followed in this case. The resident had diagnoses of respiratory failure, asthma, and obstructive sleep apnea, and was cognitively intact with shortness of breath when lying flat. Despite these conditions, the resident's comprehensive care plan did not address the need for continuous oxygen therapy. Observations confirmed the resident was using oxygen, yet there were no corresponding physician's orders or care plan documentation. Interviews with nursing staff and the Director of Nursing revealed an acknowledgment of the oversight, as they confirmed the absence of necessary orders and care plan details for the resident's oxygen use.
Non-Functional Handwashing Sinks in Soiled Utility Rooms
Penalty
Summary
During a Recertification Survey conducted from September 25, 2024, to October 1, 2024, it was observed that the facility failed to maintain essential equipment in proper working condition on two of its three resident-use floors. Specifically, the handwashing sinks in the soiled utility rooms on the second and third floors were found to be non-functional. On September 25, 2024, at 10:40 AM, the handwashing sink in the third-floor soiled utility room did not discharge water when the hot and cold-water handles were turned. The Director of Maintenance, present during the observation, confirmed that the faucet had been non-operational for at least a year. Similarly, at 10:57 AM, the handwashing sink in the second-floor soiled utility room was also found to be non-functional, with no water discharge when tested.
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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