Brooklyn United Methodist Church Home
Inspection history, citations, penalties and survey trends for this long-term care facility in Brooklyn, New York.
- Location
- 1485 Dumont Avenue, Brooklyn, New York 11208
- CMS Provider Number
- 335604
- Inspections on file
- 16
- Latest survey
- March 14, 2025
- Citations (last 12 mo.)
- 0
Citation history
Health deficiencies cited at Brooklyn United Methodist Church Home during CMS and state inspections, most recent first.
A resident with moderate cognitive impairment experienced left eye pain and swelling, leading to a new physician order for eye drops. Although the resident was alert and the plan of care was discussed with them, there was no documentation that the representative was notified of this change in condition, as required by facility policy. Staff interviews confirmed the notification protocol was not followed.
A CNA struck a cognitively impaired resident on the shoulder after the resident threw liquid at them, as confirmed by surveillance footage and a witness. The incident was not reported immediately to supervisory staff, and the resident was later assessed with no injuries or pain. The facility determined that staff-to-resident abuse had occurred, in violation of policy.
A resident with severe cognitive impairment and multiple diagnoses was struck on the shoulder by a CNA after tossing liquid, as observed on surveillance video and witnessed by a housekeeper. Although the incident was reported internally and investigated, the facility did not notify law enforcement within the required two-hour window, instead reporting the abuse after more than three hours, contrary to policy and regulations.
During a survey, it was found that the handrails in the East and West stairwells of the facility lacked the required contrasting colored marking stripe, violating NFPA 101 standards. The Director of Environmental Services acknowledged the issue and stated that corrective action would be taken.
The facility failed to provide timely Medicare non-coverage notices to residents or their representatives, using incorrect forms and not adhering to the required two-day advance notice. This deficiency affected three residents, with notices being signed on the same day as discharge from skilled services.
The facility failed to maintain a safe and sanitary environment, with issues such as disrepair and dirt in Unit 3, stained and cracked ceiling tiles, and unclean wheelchairs. Staff interviews revealed challenges in maintaining cleanliness, with the Director of Environmental Services noting difficulties in washing wheelchairs and a leaking roof causing stained tiles. The Administrator acknowledged the importance of cleanliness for infection control and staff morale.
The facility failed to maintain a safe and clean environment on Unit 3, with a wobbly toilet seat in the staff bathroom and significant dust and dirt accumulation in the Nurse's Station. Interviews revealed unclear cleaning responsibilities between housekeeping staff and nurses, contributing to the unsanitary conditions.
A life safety survey found that a deep fryer in the facility's first-floor kitchen was installed too close to a cooking surface, violating NFPA 96 standards. The fryer lacked the required 16-inch space or an 8-inch baffle plate between it and adjacent cooking equipment with surface flames.
The facility was cited for not maintaining a policy for the use of extension cords and power strips. During a survey, power strips were found in use on the first and second floors without visible UL listings, indicating non-compliance with safety standards. Additionally, no policy was available for review, highlighting a failure to adhere to necessary safety regulations.
A life safety survey revealed that the facility did not have self-closing or automatic closing doors for hazardous areas on the first floor. This included a dining room used for furniture storage and a laundry room in the exit passageway. The Director of Environmental Services confirmed the need for self-closers.
A resident with severe cognitive impairments and stage 4 pressure ulcers received wound care from an LPN who failed to maintain proper infection control practices. The LPN placed a sterile drape on a soiled table, used unwrapped scissors, and did not perform hand hygiene between glove changes. The facility's Infection Preventionist oversees wound care but lacks routine documentation of observations.
The facility was found non-compliant with NFPA 101: 19.1.6.1 due to its four-story Type II (000) construction, which exceeds the allowed two stories and requires complete sprinkler protection. Observations revealed unprotected steel beams and ceilings on floors two through four. The Administrator noted a time-limited waiver and funding delays due to the facility's non-profit status, with some progress made in replacing fixtures and ceiling tiles.
The facility failed to conduct the required three-year, four-hour load test on its emergency generators, as per NFPA standards. This deficiency was identified during a document review, and the Administrator acknowledged the oversight, stating that a vendor would be contracted to perform the test.
The facility failed to make survey results from the past three years readily available to residents and visitors, with only 2023 results present in the survey binder. Notices about the availability of these results were not posted in prominent areas, and residents were unaware of where to find them. The Director of Activities and the Administrator acknowledged the lack of postings and awareness of the requirement to provide access to these documents.
The facility did not post actual nursing staffing numbers and hours in a location accessible to residents and visitors. Staffing postings were based on projections and placed in an inaccessible area. Interviews revealed a lack of awareness among staff about the requirement to post actual staffing information visibly.
Failure to Notify Resident Representative of Change in Condition
Penalty
Summary
A deficiency was identified when the facility failed to notify a resident's designated representative of a change in the resident's condition. The incident involved a resident with a history of hypertension and cerebrovascular accident, who was documented as having moderate cognitive impairment. On 11/05/2024, the resident complained of left eye pain, and an assessment revealed mild swelling. The medical doctor was informed, and an order for Diclofenac eye drops was issued. Documentation showed that the resident was alert and oriented and that the physician discussed the plan of care directly with the resident. However, there was no documented evidence that the resident's representative was notified of the change in condition, as required by facility policy. The issue was further substantiated when the resident's representative visited and observed the eye swelling, stating they had not been informed of the condition. Interviews with facility staff, including the social worker, RN supervisor, DON, and administrator, confirmed that the protocol is to notify the family or representative of any change in condition. Staff acknowledged that the representative should have been notified, but there was no record of such communication. The facility's policy, revised in 01/2025, also requires notification of the resident's representative in the event of a change in condition.
Staff-to-Resident Physical Abuse Following Resident Aggression
Penalty
Summary
A deficiency occurred when a certified nursing assistant (CNA) physically struck a resident on the left upper shoulder with the back of their hand in the facility's dining room. The incident was captured on surveillance video and witnessed by a housekeeper. The event was triggered after the resident, who has severe cognitive impairment and a history of schizophrenia, threw liquid at the CNA. The CNA responded by hitting the resident and then leaving the dining room. The housekeeper, who observed the incident, subsequently escorted the resident out of the dining room and reported the event to nursing staff. The resident involved was identified as being at risk for victimization due to observed verbal aggression and socially inappropriate behavior, as documented in their care plan. At the time of the incident, the resident was assessed and found to have no visible injuries, pain, or discomfort. The CNA denied hitting the resident, claiming instead to have rubbed the resident's back, but both the surveillance footage and the housekeeper's account confirmed the physical contact. The housekeeper also reported hearing a popping sound and stated that the resident told them they had been punched. There were delays in reporting the incident to supervisory staff. The housekeeper reported the event to an LPN, who did not immediately inform the registered nurse supervisor, citing that they were in the process of distributing medication. The registered nurse supervisor was eventually informed and reviewed the surveillance footage before proceeding to the unit. The administrator and director of nursing were notified later, and the incident was discussed among the administrative team. The facility's policy prohibits any form of abuse, and the event was determined to be a violation of this policy.
Failure to Timely Report Resident Abuse to Law Enforcement
Penalty
Summary
The facility failed to ensure that an allegation of abuse was reported to law enforcement within the required two-hour timeframe. Surveillance video showed that a certified nursing assistant (CNA) struck a resident on the shoulder after the resident, who has severe cognitive impairment and diagnoses including hypertension and schizophrenia, tossed liquid behind them, wetting the CNA. A housekeeper present in the dining room witnessed the incident and reported it to the registered nurse supervisor approximately 30 minutes later. The facility's investigation confirmed that abuse had occurred, and the CNA was suspended and later terminated. Despite facility policy and state regulations requiring immediate reporting of abuse allegations to law enforcement within two hours, the facility did not notify law enforcement until over three hours after the incident. The delay was attributed to the facility gathering information before making the report. Both the Director of Nursing and the Administrator acknowledged that the notification to law enforcement was not made within the required timeframe.
Non-compliance with NFPA 101: Missing Handrail Markings
Penalty
Summary
The facility was found to be non-compliant with the 2012 NFPA 101 Life Safety Code during a life safety survey conducted on January 6, 2025. The surveyors observed that the handrails in both the East and West stairwells lacked the required contrasting colored marking stripe along the entire length of the stairwells. This deficiency was noted during the survey conducted between 9:00 am and 12:00 pm. The Director of Environmental Services acknowledged the absence of the required markings on the handrails and stated that the rails would be painted immediately. The lack of these markings is a violation of the NFPA 101 standards, which require that all handrails and handrail extensions in egress stairs be marked with a solid and continuous marking stripe to ensure safety and compliance.
Plan Of Correction
Plan of Correction: Approved January 24, 2025 I. Immediate Corrective Action The maintenance staff has permanently marked the handrails with the required contrasting yellow colored marking stripe for the length of the handrails in the East and West stairwells. II. Identification of Other Residents The facility acknowledges that the residents have the potential to be affected by this practice. The facility respectfully states that once the handrails on both the East and West stairwells from the first (1st) to the fourth (4th) floors were permanently marked with contrasting yellow marks, no other residents were affected by this practice. III. Systemic Changes The Director of Environmental Services will in-service the maintenance staff related to this requirement; lesson plan and attendance shall be filed for validation. The Director of Environmental Service/designee will inspect the stairs monthly for proper markings. The Director of Environmental Service will develop an audit tool to track compliance. IV. QA Monitoring The Environmental Service Director shall utilize the audit tool to monitor that the exit stair landings are marked with a solid continuous marking stripe. The Environmental Service Director/designee shall conduct the audits monthly for six (6) months. Any negative findings will be corrected immediately by the maintenance department and reported to the Administrator. All audit findings will be reported and reviewed quarterly at the QAPI committee meeting. Responsible party: Director of Environmental Service
Failure to Provide Timely Medicare Non-Coverage Notices
Penalty
Summary
The facility failed to provide appropriate notification to residents or their designated representatives at the termination of Medicare Part A benefits, as required by regulations. This deficiency was identified during a recertification survey for three residents. The facility did not provide the required Notice of Medicare Non-coverage Form (CMS Form 10123) at least two calendar days before the end of Medicare-covered services. Instead, the notices were signed on the same day as the discharge from skilled services. Additionally, the incorrect form, CMS-R-131, was used instead of the Skilled Nursing Facility Advanced Beneficiary Notice of Non-coverage (SNF ABN) Form CMS-10055. The Director of Social Services indicated that the notices were given as soon as they received information from the Rehabilitation department, but they were unsure of the correct timeframe for providing these notices. The Administrator was not aware of the untimely notifications and the use of incorrect forms. The deficiency was evident for three residents, with one resident's spouse being notified a day before the discharge but still signing the form on the discharge day. The facility's policy was not aligned with the regulatory requirement of providing notices two days in advance, leading to the deficiency.
Facility Fails to Maintain Safe and Sanitary Environment
Penalty
Summary
The facility failed to maintain a safe, sanitary, and comfortable environment for its residents, as observed during a recertification survey. On Unit 3, multiple deficiencies were noted, including ceiling tiles that were in disrepair, cracked, stained, and not firmly affixed. Corridor borders were layered with dirt and dust, and specific rooms had additional issues such as water-stained ceiling tiles, broken wall bumpers, and chipped sinks. Wheelchairs in several rooms were found to be heavily stained with dried food particles and dirt, and the dining room contained a dusty piano, stained walls, and dusty window blinds. Interviews with staff revealed challenges in maintaining cleanliness. Housekeeper #2 described their cleaning routine but acknowledged that heavy-duty cleaning is also necessary. The Director of Environmental Services admitted difficulties in washing wheelchairs and noted ongoing issues with a leaking roof, which contributed to the stained ceiling tiles. The Administrator recognized the importance of cleanliness for infection control and staff morale and mentioned plans for facility improvements, including replacing furniture and repairing the roof, although these actions were not yet completed.
Environmental Safety and Cleanliness Deficiency
Penalty
Summary
The facility failed to ensure a safe and functional environment for residents, staff, and the public, as observed during a recertification survey. On Unit 3, the staff bathroom adjacent to the Tub Room had a loose and wobbly toilet seat, which could pose a safety risk. Additionally, the Nurse's Station was found to be inadequately cleaned, with dust and dirt accumulating on various surfaces, including the Plexiglass, swivel chairs, call bell console, floors underneath the desk, and computer screen monitors and phones. Interviews with the housekeeping staff and the Director of Environmental Services revealed a lack of clarity and execution in cleaning responsibilities. Housekeeper #2 indicated that only the floors in the Nurse's Station were cleaned, and they assumed that nurses were responsible for wiping down their own equipment. The Director of Environmental Services stated that housekeeping staff should clean the Nurse's Station and could coordinate with the unit nurse about cleaning areas, but also mentioned that nurses were expected to maintain their stations free from dust. This lack of clear cleaning protocols contributed to the unsanitary conditions observed.
Non-compliance with NFPA 96 Standards in Kitchen Equipment Installation
Penalty
Summary
During a life safety survey conducted on January 6, 2025, it was observed that the facility's kitchen on the first floor had a deep fryer positioned within 16 inches of a cooking surface, which is not in compliance with NFPA 96 standards. The standard requires a minimum of 16 inches of space between a deep-fat fryer and adjacent cooking equipment with surface flames, unless a steel or tempered glass baffle plate of at least 8 inches in height is installed between them. In this case, there was no physical barrier present between the fryer and the hot surface. This deficiency was confirmed through observation and a staff interview with the Facilities Director, who acknowledged the issue and mentioned plans to install a metal baffle.
Plan Of Correction
Plan of Correction: Approved January 24, 2025 I. Immediate Corrective Action The maintenance staff permanently installed an 8” tall steel plate onto the deep-fat fryer separating it from the adjacent cooking equipment. II. Identification of Other Residents Once the 8” tall steel plate was installed onto the deep-fat fryer, the only deep-fat fryer in the facility was permanently separated from the adjacent cooking equipment. The facility respectfully states that no other residents were affected by this practice. III. Systemic Changes The Environmental Service Director will provide in-service education to all maintenance staff and the Director of Food Service related to the requirements of 2010 NFPA 9612.1.2.5, specifically the significance of the separation of deep-fat fryers adjacent to other cooking equipment. Lesson plan and attendance will be filed for validation. The Environmental Service Director will develop an audit tool to track compliance with this requirement. IV. QA Monitoring The Environmental Service Director shall utilize the audit tool to monitor for the proper separation of the deep-fat fryer and the adjacent cooking equipment. The Environmental Service Director/designee shall conduct the audits monthly for six (6) months, and quarterly thereafter. Any negative findings will be corrected immediately by the maintenance department and reported to the Administrator. All audit findings will be reported and reviewed quarterly at the QAPI committee meeting. Responsible Party: Director of Environmental Service
Deficiency in Power Strip Policy and Compliance
Penalty
Summary
The facility was found to be deficient in maintaining a policy for the use of extension cords and power strips during a life safety survey. On the first and second floors of the building, power strips were observed in use without visible UL listings, which are necessary to ensure compliance with safety standards. Specifically, a power strip was noted at the second-floor nurses' station, and in the first-floor conference room, two large wall-mounted monitors/screens were plugged into power strips without visible UL listings. During the document review, it was discovered that the facility did not have a policy available for the use of power strips. This lack of documentation and policy indicates a failure to adhere to the necessary safety regulations as outlined by the NFPA and other relevant codes. The absence of a policy and the use of potentially non-compliant power strips could pose a risk to the safety of the facility's environment.
Plan Of Correction
Plan of Correction: Approved January 24, 2025 I. Immediate Corrective Action The maintenance department purchased and installed power strips having a visible ULL listing of UL1363A at the second (2nd) floor nurse station and the conference room. The Administrator developed the policy and procedure for power strips utilized in the facility. II. Identification of other Residents The Environmental Service Director toured the entire facility and no other power strips were identified that did not have a visible or proper ULL listing of UL 1363A. The facility respectfully states that once the maintenance department installed the power strips with a visible and proper ULL listing of UL1363A, no other residents were affected by this practice. III. Systemic Changes The Environmental Service Director reviewed and revised the Electrical Safety policy and procedure. All maintenance staff will receive in-service education and understand the life safety issues and the importance of ensuring compliance with the Electrical Safety Policy and Procedures with an emphasis on power strips and extension cord prohibitions. Lesson plan and attendance will be filed for validation. The Environmental Service Director will develop an audit tool to track compliance with this requirement. IV. QA Monitoring The Environmental Service Director shall utilize the audit tool to monitor that any and all power strips utilized in the facility will have a visible ULL listing and that the listing be UL 1363A. The Environmental Service Director/designee shall conduct the audits monthly for six (6) months, and quarterly thereafter. Any negative findings will be corrected immediately by the maintenance department and reported to the Administrator. All audit findings will be reported and reviewed quarterly at the QAPI committee meeting. Responsible Party: Director of Environmental Service
Deficiency in Self-Closing Doors for Hazardous Areas
Penalty
Summary
During a life safety survey conducted on January 6, 2025, it was observed that the facility failed to ensure that all doors protecting hazardous areas were equipped with self-closing or automatic closing mechanisms. This deficiency was noted on the first floor of the building, specifically involving the door to a large dining room being used to store a shipment of furniture and the laundry room door in the exit passageway leading to the loading dock. The absence of self-closing doors in these areas was confirmed through observation and staff interviews, with the Director of Environmental Services acknowledging the need for installation of self-closers.
Plan Of Correction
Plan of Correction: Approved January 24, 2025 I. Immediate Corrective Action The maintenance department installed self-closing hinges to the dining area doors located on the first (1st) floor, compliant with 19.3.2.1.3 N.B. – The dining room housed a delivery of furniture that has been returned to the company. The maintenance department also installed self-closing hinges to the laundry room door, compliant with 19.3.2.1.3. II. Identification of Other Residents The Environmental Service Director inspected all doors to hazardous areas in the facility and found same to be compliant. Once the dining room doors and the laundry room door had self-closing hinges installed, the facility respectfully states that no other residents were affected by this practice. III. Systemic Changes The Environmental Service Director will provide In-service education to all maintenance staff related to the requirements of Hazardous area protection. Lesson Plan and Attendance will be filed for validation. The Environmental Service Director will develop an audit tool to track compliance. IV. QA Monitoring The Environmental Service Director shall utilize the audit tool to monitor that all hazardous area doors are compliant with 19.3.5.9. The Environmental Service Director/designee shall conduct the audits monthly for six (6) months, and quarterly thereafter. Any negative findings will be corrected immediately by the maintenance department and reported to the Administrator. All audit findings will be reported and reviewed quarterly at the QAPI committee meeting. Responsible Party: Director of Environmental Service
Infection Control Breach During Wound Care
Penalty
Summary
The facility failed to maintain proper infection control practices during wound care for a resident with pressure ulcers. The resident, who had severe cognitive impairments and was dependent on assistance for transfers, had two stage 4 pressure ulcers. During a wound care observation, an LPN placed a sterile drape on a visibly soiled overbed table without cleaning it first. The LPN used an unwrapped scissor to open wound care supplies and did not perform hand hygiene between glove changes during the procedure. The LPN admitted to not being as organized as usual and acknowledged not following proper hand hygiene protocols during the wound care process. The LPN also assumed that the overbed table had been cleaned by a home health aide, which was not the case. The LPN expressed that they had received training on wound care but suggested that refresher training would be beneficial. Interviews with the facility's nursing staff revealed that the Infection Preventionist, who is also the Assistant Director of Nursing, is responsible for wound care assessments and competencies. However, routine observations of wound care practices were not documented. The Director of Nursing Services confirmed that wound care competencies are conducted by the Infection Preventionist or themselves, but there was no documentation of these observations.
Non-compliance with Building Construction Type Requirements
Penalty
Summary
The facility was found to be non-compliant with the 2012 NFPA 101: 19.1.6.1, which limits existing health care occupancies to specific building construction types. The nursing home building is a four-story Type II (000) construction, which exceeds the allowed two stories for this type of construction and requires complete automatic sprinkler protection. During the recertification survey, it was observed that while the elevator room and mechanical rooms on the first floor have protected steel beams, the steel beams and ceilings above the drop ceiling on floors two through four remain unprotected. The Administrator acknowledged that the facility had a time-limited waiver, which expired in 2024, and cited the facility's non-profit status as a reason for the delay in obtaining funding to complete the necessary repairs. The facility has made some progress by replacing light fixtures with compliant fire-rated fixtures and starting to replace ceiling tiles in certain areas.
Plan Of Correction
Plan of Correction: Approved January 24, 2025 Immediate Corrective Action Brooklyn United Methodist Church Home is requesting a three (3) year waiver in order to complete the work already in progress to satisfy the K161 citation. Brooklyn United Methodist Church Home, a not-for-profit nursing facility, needed to apply for a loan in order to remedy the K161 deficiency cited in 2022 and simultaneously also applied for a two (2) year time limited waiver, also in order to complete the work necessary to comply with K161. The loan process took more than 18 months for approval, which negatively impacted the start of the project and the time limited waiver, which has since expired. Since the approval of the loan, Brooklyn United Methodist Church Home has fireproofed the steel beams in the electrical room, the mechanical room, and the boiler room. In addition, Brooklyn United Methodist Church Home has replaced all the light fixtures in the facility with compliant fire rated fixtures. Also, it is important to note that all the grids in the facility are fire rated so as to accommodate the installation of fire rated ceiling tiles. Further, the facility has purchased fire rated ceiling tiles and has installed the fire rated ceiling tiles on two (2) quadrants of the fourth (4th) floor. As such, Brooklyn United Methodist Church Home, with a time waiver extension of three (3) years, would be able to complete the required fireproofing of the facility with fire rated ceiling tiles as follows: Year 1 – Complete the Fourth (4th) and Third (3rd) floors Year 2 – Complete the Second (2nd) floor, and Year 3 – Complete the First (1st) floor II. Identification of Other Residents Brooklyn United Methodist Church Home acknowledges that the residents have the potential to be affected by this practice. The facility respectfully states that there is no additional risk to the residents as the facility is fully sprinklered throughout and smoke detectors installed that are supervised by an approved outside entity. III. Systemic Changes All staff will receive in-service education regarding the life safety issues related to this requirement. The facility will conduct an extra fire drill on each shift per quarter until the fireproof ceiling tile work is completed. Additional fire extinguishers will be maintained on each unit of the facility. The Administrator will work to secure a three (3) year waiver. IV. QA Monitoring The Administrator will monitor the status of the waiver request and any progress made in the process of continuing the work to fireproof the facility with fire rated ceiling tiles. The Administrator will provide a written report monthly to the QA committee, and said reports will be reviewed quarterly by the QAPI committee at the quarterly QAPI meetings.
Failure to Conduct Required Emergency Generator Testing
Penalty
Summary
The facility failed to ensure that all required testing and inspection were conducted on its emergency generators, as mandated by the NFPA 101 and NFPA 110 standards. During a review of the emergency generator testing and inspection records, it was found that the facility did not have a record of the three-year, four-hour load test. This test is crucial for ensuring the reliability and functionality of the emergency power supply system (EPSS) in case of a power outage. The deficiency was identified during a document review on January 7, 2025, between 12:00 pm and 1:00 pm. At the exit conference held on the same day, the facility's Administrator acknowledged the oversight and mentioned that a vendor would be contracted to conduct the required test. This indicates a lapse in the facility's compliance with the established standards for emergency power systems, which are critical for maintaining safety and operational continuity in the event of an emergency.
Plan Of Correction
Plan of Correction: Approved January 24, 2025 I. Immediate Corrective Action The Environmental Service Director obtained a proposal from the vendor, National Standby Repair, Inc. to conduct the 3-year 4-hour load test to be conducted. II. Identification of Other Residents Once the required load test is completed, the facility respectfully states that there is no additional risk to the residents; further, there is a co-generation plant in place to provide continuous power to the facility. III. Systemic Changes The maintenance staff will receive additional education related to the life safety issues identified with inspections and testing of the Emergency Generator. Lesson Plan and attendance will be filed for validation. The 3-year, four (4) hour load test for the Emergency Generator will be added to the established Preventative Maintenance and Scheduling program, and all inspection results will be recorded in the building records and logs. The Environmental Service Director will develop an audit tool to track compliance with this requirement. IV. QA Monitoring The Environmental Service Director shall utilize the audit tool to monitor that all inspection results for the Emergency Generator are recorded. The Environmental Service Director/designee shall conduct the audits monthly for six (6) months, and quarterly thereafter. Any negative findings will be reported to the Administrator by the Director of Environmental Service/designee with a correction plan if warranted. All audit findings will be reported and reviewed quarterly at the QAPI committee meeting. Responsible Party: Director of Environmental Service
Survey Results Accessibility Deficiency
Penalty
Summary
The facility failed to ensure that survey result reports for the three preceding years were readily available to residents and visitors upon request. During the Recertification survey, it was observed that the survey binder located by the reception area contained only the survey results for the year 2023. Additionally, there was no notice of the availability of these survey results posted in prominent and accessible areas throughout the facility. Interviews with residents during a Resident Council meeting revealed that none of the nine residents knew where the Department of Survey results were posted. Among these residents, six had BIMS scores indicating varying levels of cognitive function, with scores ranging from 12 to 15, suggesting that the majority were cognitively intact or had only moderate impairment. The Director of Activities stated that residents are reminded about the availability of survey results during monthly Resident Council meetings, but acknowledged that there were no postings about the availability of survey results on all units. The facility Administrator admitted to being unaware that the survey results for the three preceding years should be made available to residents and the public, and that notices should be posted in prominent areas throughout the building. This lack of awareness and action led to the deficiency, as the facility did not comply with the requirement to make survey results accessible and visible to residents and visitors.
Failure to Post Actual Nursing Staffing Information
Penalty
Summary
The facility failed to ensure that the total number of nursing staff and actual nursing staffing hours were posted in a prominent place readily accessible to residents and visitors. During the Recertification survey, it was observed that staffing postings were placed on a bulletin board in a location that was not accessible to all residents and visitors. The postings documented projected hours for day, evening, and night shifts but did not reflect the actual staffing numbers. The facility's policy required that staffing information be posted within two hours of the beginning of each shift in a clear and readable format, but this was not adhered to. Interviews with the Staffing Coordinator and the Director of Nursing Services revealed a lack of awareness regarding the requirement to post actual staffing numbers and ensure visibility to residents and visitors. The Staffing Coordinator mentioned that staffing is posted every day at 7 AM for all shifts, based on projected needs rather than actual staffing. The Director of Nursing Services and the Administrator were not aware that the postings needed to reflect actual staffing and be visible to residents and visitors, indicating a gap in understanding and implementation of the facility's staffing policy.
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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