Concord Nursing And Rehabilitation Center
Inspection history, citations, penalties and survey trends for this long-term care facility in Brooklyn, New York.
- Location
- 300 Madison Street, Brooklyn, New York 11216
- CMS Provider Number
- 335538
- Inspections on file
- 13
- Latest survey
- March 13, 2026
- Citations (last 12 mo.)
- 3
Citation history
Health deficiencies cited at Concord Nursing And Rehabilitation Center during CMS and state inspections, most recent first.
Surveyors found that residents’ right to a safe, clean, and homelike environment was not maintained on several units. On multiple floors, strong urine odors were present, resident rooms and bathrooms had brown and black staining on toilets, tiles, walls, and sinks, and equipment such as oxygen concentrators and GT poles were dusty or coated with residue while in use. Common areas, including nurses’ stations, hallways, dining rooms, and shower rooms, showed dark greasy stains, cracked or blackened tiles, rusted fixtures, peeling wallpaper, and visible dirt and debris, with some shower stalls lacking adequately hot water. Housekeeping and maintenance staff reported unclear or inconsistent cleaning responsibilities, reduced staffing, lack of scheduled cleaning for specific items, and acknowledged that floors, tiles, and walls were dirty and in need of replacement, while leadership acknowledged the poor overall condition of the environment.
The facility did not maintain two of three elevators in safe working condition for several months, resulting in restricted resident movement and delays in services. Despite "Not Working" signs on two elevators, one was still used and skipped a floor. Multiple residents reported repeated complaints at council meetings about broken elevators, difficulty leaving their units, and food arriving cold because the service elevator used for meal transport was out of service, requiring use of an alternate elevator. The Director of Recreation acknowledged delays in moving residents and needing to wait or page for an elevator, while the Director of Maintenance and the Administrator confirmed that two elevators were out of service for an extended period and that complaints had been received.
A resident with severe cognitive impairment and high elopement risk exited the facility undetected despite wearing a wander alert device and being on enhanced monitoring. Staff failed to respond appropriately to an activated door alarm, did not conduct a full head count, and relied on incomplete checks and miscommunication, resulting in the resident being found and returned by police after leaving through a staircase and a gap in the fence.
The facility failed to maintain infection control practices, as a resident's urinary drainage bag was repeatedly observed on the floor, contrary to policy. Additionally, an RN did not perform hand hygiene between glove changes during a gastrostomy dressing change for a resident dependent on enteral feeding. The facility's Legionella Water Management Program also lacked a component specifying acceptable pathogen levels.
A resident with severe cognitive impairment was observed with a mitten on their right hand, used as a restraint without proper assessment, care planning, or documentation. Facility staff, including a CNA and RN, were unaware of the necessary procedures and documentation for restraint use, leading to the inappropriate application of the mitten.
A survey found that a resident's medications were left unattended on a medication cart in an LTC facility. The medications, belonging to a resident with severe cognitive impairment, were unsecured for over 15 minutes. Interviews with staff, including an LPN and the DON, confirmed that the medications should have been locked, as per facility policy.
The facility did not post notices about the availability of survey results in accessible areas, as required by policy. Observations showed the notice was hidden in the lobby, and no notices were in resident units. Residents were unaware of where to find the survey results, confirmed during a Resident Council Meeting. The DON and Administrator were unaware of the issue.
A resident with severe cognitive impairment and multiple diagnoses, including Dementia and Heart Disease, was observed with toe discolorations. Despite a doctor's order for an Arterial Doppler Study, the care plan for Impaired Skin Integrity was not updated to reflect this condition. The facility's policy requires ongoing assessment and revision of care plans, but the responsible nurse was unaware of the condition, leading to a deficiency citation.
A facility failed to document a medical assessment in a resident's record, despite the resident having discoloration on their toes and a history of dementia, heart disease, and atrial fibrillation. The Primary Medical Doctor assessed the condition and instructed an LPN to monitor the foot and order an Arterial Doppler Study, but the assessment was not recorded. This oversight violated the facility's documentation policy and regulatory requirements.
Widespread Environmental Uncleanliness and Disrepair Across Multiple Units
Penalty
Summary
The deficiency involves the facility’s failure to maintain a safe, clean, comfortable, and homelike environment on multiple resident units, contrary to its own maintenance and environmental cleaning policies. Surveyors repeatedly observed strong urine odors, stained and soiled surfaces, and disrepair across Units 2, 3, and 4. On the 2nd floor, there was a noticeable urine odor upon exiting the elevator, and a resident room had a tarnished door frame with brown staining, brown substance on the wall, brown stains on the toilet, dirty brown tiles behind the toilet, foul‑smelling hand towels, and a dripping sink faucet. The 2nd floor shower room and dirty linen cart room contained brown substances on walls and floors, a dirty linen bag on the floor, a hairbrush and comb on the shower floor, and underwear left on a wheelchair. Additional 2nd floor observations included dusty oxygen equipment with white residue, undated tubing in use on a resident’s tracheostomy, a GT pole with brown residue and buildup at the base, blackened flooring at room entrances and around furniture, white splash marks on walls, dirty baseboards, and blackened tiles. The 2nd floor nurses’ station had black floor tiles, dirty and rusted oxygen tank holders, and a buildup of dirt and dust under the desk around wires. On the 3rd floor, surveyors observed environmental uncleanliness and disrepair in common areas and resident spaces. The nurses’ station had a black chair covered with paper as a barrier from dirt or residue, another black chair missing an armrest, old food and dark‑stained floor tiles under the desk, a stained wall behind the station, a cabinet door missing handles and appearing broken, and a resident refrigerator with brown rusted stains on the exterior. The 3rd floor resident shower room had a musty, stale odor, black‑stained floor tiles at the entrance, brown stains on ceiling tiles and flooring, and white and brown substances on the floor of one shower stall. In a resident room, the sink edges had brown substance and the floor was sticky with areas of dirt; another room contained a ripped chair and dirty bedside table tray, and peeling wallpaper was noted near a room. Both radiators in the 3rd floor shower room were rusted, and floor tiles leading to the shower stall had brown‑colored substance around the edges. Hallways and the dining room on this unit had dark brown stains, dark greasy stains in corners and on baseboards, and multiple cracked tiles. During a tour of two shower stalls with maintenance staff, the hot water in both stalls remained cool to the touch despite running for several minutes, with thermometer readings in the high 70s to low 80s °F, and one shower head was leaking. On the 4th floor, surveyors noted brown stains on floors, yellow stains in dining room and hallway floors, and dark, greasy, dirt‑filled stains in the corners of hallways and the day room, as well as brown stains at the entrance to the garbage holding station. Across the 2nd floor vent unit, there were tiles with visible brown stains, brown and white discoloration and white splatter on hallway wallpaper between guardrails, peeling wallpaper, and a fire extinguisher case with brown discoloration and a peeling directional sign. Interviews with housekeeping and maintenance staff revealed inconsistent cleaning responsibilities, lack of clear schedules for cleaning specific items such as oxygen concentrators and GT poles, and acknowledgment that floors, tiles, and walls were dirty and in need of replacement. Staff reported decreased housekeeping staffing, uncertainty about who was responsible for certain areas (such as hallways and dining areas), and that some areas were only cleaned when specifically instructed. The Director of Housekeeping/Maintenance stated they rely on staff to report needed repairs and that they try to address items as they are identified, while the Administrator acknowledged the poor condition of the facility without providing an explanation, confirming that the environment did not meet regulatory requirements for cleanliness and maintenance. The facility’s written policies required that maintenance services keep the building in good repair and free from hazards, and that environmental surfaces be cleaned and disinfected regularly and when visibly soiled, in accordance with CDC and OSHA standards. However, the observations documented by surveyors showed widespread failure to follow these policies, including persistent urine odors, visible dirt and staining on floors, walls, and equipment, cracked and peeling surfaces, rusted fixtures, and inadequate hot water in resident shower areas. Staff interviews further demonstrated gaps in implementation of these policies, with staff describing ad hoc cleaning based on supervisory direction rather than a structured schedule, and multiple staff acknowledging that the building and flooring needed repairs. These combined observations and statements formed the basis of the deficiency under 10 NYCRR 415.5(h)(2) and 10 NYCRR 415.5(h)(4) for not honoring residents’ rights to a safe, clean, comfortable, and homelike environment.
Failure to Maintain Elevators in Safe Working Condition
Penalty
Summary
The facility failed to maintain essential elevator equipment in safe working condition, affecting two of three elevators (Elevator #2 and #3). Observations over several days showed "Not Working" signage posted on both elevators, yet Elevator #2 was still being used and was noted to skip the third floor. Resident council meeting notes revealed that residents reported these two elevators had been broken for several months and that they had raised this issue repeatedly at prior resident council meetings without resolution. Residents reported that the malfunctioning elevators restricted their movement within the building and interfered with normal access to other areas. Residents also reported that food was arriving cold to their units because Elevator #3, which is mainly used to transport food to all units, was broken, requiring use of an alternate elevator. One resident stated they often could not leave their unit due to the broken elevators. The Director of Recreation acknowledged awareness of the broken elevator and described delays in moving residents around the facility, including having to wait or page for an elevator when needed. The Director of Maintenance confirmed that the facility has three elevators, with two for passengers and one for moving items, and that Elevators #2 and #3 were out of service and undergoing refurbishment. The Administrator confirmed that Elevators #2 and #3 had been broken and out of service for a few months and acknowledged receiving complaints from residents and families about the elevator problems.
Failure to Prevent Elopement Due to Inadequate Supervision and Alarm Response
Penalty
Summary
A deficiency occurred when a resident with severely impaired cognition and a high risk for elopement exited the facility undetected by staff. The resident, who had diagnoses including Non-Traumatic Brain Dysfunction and Alzheimer's Disease, was wearing a wander alert device and was supposed to be monitored every thirty minutes. Despite these interventions, the resident was last documented as seen at 11:00 PM, but managed to leave the building at 12:24 AM. The resident was later found and returned to the facility by police officers at 12:40 AM, having exited through a staircase and a gap in the fence behind the building. Staff failed to respond appropriately to the activated door alarm. Multiple staff interviews revealed that alarms were either not heard, were faint, or were silenced without a thorough investigation. One LPN heard the alarm but only checked the area for a resident known to wander, rather than conducting a full head count or searching all possible exit routes. Security staff also failed to physically check the exit doors after the alarm was triggered, relying instead on surveillance cameras and resetting the alarm remotely. Additionally, a CNA mistook pillows in the resident's bed for the resident being present, further delaying the realization that the resident was missing. The facility's policies required enhanced monitoring, functioning wander alert devices, and prompt response to alarms, but these were not effectively implemented. Staff did not conduct a head count or search all areas after the alarm was triggered, and communication lapses occurred between staff members regarding the alarm and the resident's whereabouts. These failures allowed the resident to leave the facility without detection, resulting in an elopement event.
Infection Control Deficiencies in Urinary Catheter Care, Hand Hygiene, and Water Management
Penalty
Summary
The facility failed to maintain proper infection prevention and control practices, as evidenced by multiple observations of a resident's urinary drainage bag being placed on the floor. Resident #27, who had a suprapubic catheter due to neurogenic bladder and other urinary issues, was observed on several occasions with their urinary drainage bag touching the floor. Despite the facility's policy and staff education on catheter care, the bag was repeatedly found on the floor, indicating a lapse in adherence to infection control protocols by the staff, including a Certified Nursing Assistant and a Registered Nurse Supervisor. Another deficiency was noted when Registered Nurse #2 did not perform hand hygiene between glove changes during a gastrostomy dressing change for Resident #80. This resident, who had a gastrostomy and was dependent on enteral feeding, was at risk due to the nurse's failure to wash hands between removing and donning gloves. The facility's hand hygiene policy, which aligns with CDC recommendations, was not followed, as confirmed by interviews with the nurse and the Director of Nursing. Additionally, the facility's Legionella Water Management Program was found lacking a critical component specifying acceptable pathogen levels. This omission was identified during a review of the water management plan, and the Administrator acknowledged the need to include all required components. These deficiencies highlight significant gaps in the facility's infection control practices, potentially compromising resident safety.
Inappropriate Use of Physical Restraint on Resident
Penalty
Summary
The facility failed to ensure that a resident was free from physical restraints, as evidenced by the use of a mitten on the resident's right hand without proper assessment, care planning, or documentation. The resident, who had diagnoses including Other Specified Disorders of Brain, Vascular Dementia, and Non-traumatic Intracerebral Hemorrhage, was observed with a mitten on their right hand during multiple observations. Despite the facility's policy promoting a restraint-free environment, there was no documented evidence of an appropriate assessment or care plan prior to the application of the mitten, nor was there any documented monitoring while the mitten was in use. Interviews with facility staff revealed a lack of awareness and communication regarding the use of the mitten as a restraint. A Certified Nursing Assistant stated they applied the mitten based on instructions from a charge nurse, but there were no instructions in the task list to do so. The unit supervisor assumed there was a restraint assessment and physician's order, while the Director of Nursing was unaware of the mitten's use. The Nurse Practitioner confirmed they did not order the mitten, and the Director of Rehabilitation noted the resident could not remove the mitten independently. This lack of documentation and communication led to the inappropriate use of a physical restraint on the resident.
Medication Storage Deficiency
Penalty
Summary
During a recertification survey, it was observed that the facility failed to store medications in accordance with accepted professional principles. On the 4th floor, medications belonging to a resident with diagnoses including Essential Hypertension, Epilepsy, Gastroesophageal Reflux Disease, and Cardiomyopathy were left unattended on top of a medication cart. The resident had severely impaired cognition, as documented in their Minimum Data Set assessment. The medications, which included Losartan, Spironolactone, Famotidine, and Levetiracetam, were left unsecured for over 15 minutes until a state surveyor intervened. Interviews with facility staff, including an LPN, a Registered Nurse Supervisor, and the Director of Nursing Services, confirmed that the medications were not stored properly. The LPN admitted that the medications were older blister packs intended for return to the pharmacy and acknowledged that they should have been secured under lock and key. Both the Registered Nurse Supervisor and the Director of Nursing Services stated that medications should not be left unsecured on top of the cart, emphasizing that all medications should be locked to ensure safety.
Failure to Post Survey Results Notices in Accessible Areas
Penalty
Summary
The facility failed to ensure that notices regarding the availability of survey results were posted in prominent and accessible areas, as required by their policy. During the recertification survey, it was observed that the notice was placed in the lobby entrance next to the security desk, behind a standing sign, making it not visible to residents or visitors. Additionally, there were no notices posted in resident units to inform residents, family members, or legal representatives about where to find the survey results. Interviews conducted during the survey revealed that residents were unaware of where to find the survey results, as confirmed by multiple residents during a Resident Council Meeting. The Director of Nursing acknowledged the absence of notices in resident units and stated that the notice was only posted in the lobby. The Administrator was also unaware of the lack of notices in resident units and mentioned that the availability of survey results is discussed in Resident Council meetings.
Failure to Update Care Plan for Resident's Skin Condition
Penalty
Summary
The facility failed to ensure that care plans were reviewed and revised by the interdisciplinary team, as required by their policy. This deficiency was identified during an abbreviated survey, where it was found that a resident's care plan was not updated to reflect a new condition. The resident, who has diagnoses including Dementia, Atherosclerotic Heart Disease, and Chronic Atrial Fibrillation, was observed with discolorations on the toes of their left lower extremity. Despite the medical doctor being notified and ordering an Arterial Doppler Study, the care plan for risk of Impaired Skin Integrity was not updated to include this new information. The facility's policy requires that care plans be comprehensive, person-centered, and revised as residents' conditions change. However, the care plan for the resident's Alteration in Comfort due to Peripheral Vascular Disease was last revised before the discoloration was noted, and the care plan for Impaired Skin Integrity had not been updated since March. The Regional Registered Nurse, responsible for updating care plans, was unaware of the discolorations and thus did not update the care plan until after the surveyor's presence in the facility. This oversight led to the deficiency being cited.
Failure to Document Medical Assessment in Resident's Record
Penalty
Summary
The facility failed to ensure that a resident's medical record accurately reflected their current condition, as required by professional standards. This deficiency was identified during an abbreviated survey, where it was found that a medical assessment conducted by the Primary Medical Doctor was not documented in the resident's medical record. The resident in question had a history of dementia, atherosclerotic heart disease, and chronic atrial fibrillation, and was reported to have discoloration on the toes of their left foot. Despite the Primary Medical Doctor assessing the resident's condition and instructing a Licensed Practical Nurse to monitor the foot and order an Arterial Doppler Study, the assessment was not recorded in the medical record. The facility's policy on charting and documentation, which mandates that all services and changes in a resident's condition be documented, was not followed. The Director of Nursing acknowledged that the staff member who informed the Primary Medical Doctor and received the order for the Arterial Doppler Study should have documented the event in the resident's medical record. This oversight resulted in a failure to maintain accurate and complete medical records, as required by 10 NYCRR 415.22(a)(1-4).
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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