Elderwood At Cheektowaga
Inspection history, citations, penalties and survey trends for this long-term care facility in Cheektowaga, New York.
- Location
- 225 Bennett Road, Cheektowaga, New York 14227
- CMS Provider Number
- 335752
- Inspections on file
- 17
- Latest survey
- February 5, 2026
- Citations (last 12 mo.)
- 4
Citation history
Health deficiencies cited at Elderwood At Cheektowaga during CMS and state inspections, most recent first.
The facility failed to ensure residents were properly educated about the COVID-19 vaccine and that their consent or declination was accurately documented. One cognitively intact resident with multiple chronic conditions was recorded as having declined the COVID-19 vaccine without a signed or verbally documented declination and without any documented education on risks and benefits; in interview, this resident stated they wanted the vaccine and had never received education or signed a declination. Review of vaccination forms for 34 other residents who were marked as having declined the COVID-19 vaccine showed no signed declinations and no documentation that Vaccine Information Sheets or other education were provided. Staff and leadership interviews confirmed that education on risks/benefits and completion of consent/declination sections with signatures or verbal documentation were expected but were not carried out or recorded as required.
Two residents with dementia and documented cognitive impairment received COVID-19 and influenza vaccines based on verbal consents obtained directly from them by the Assistant DON/Infection Preventionist, despite activated Health Care Proxies and prior documentation that they lacked medical decision-making capacity. Facility policies and state and federal resident rights documents required informed consent and recognized the authority of health care agents when residents lack capacity. In both cases, the health care agents were not contacted for consent, were unaware the vaccines had been administered, and later stated they would have expected to be involved in these decisions, demonstrating a failure to honor residents’ rights to refuse treatment and to obtain consent from the appropriate representatives.
Three residents with cognitive and chronic medical conditions received influenza and/or COVID-19 vaccines from an outside pharmacist during a vaccine clinic, but the facility’s MAR and immunization records inaccurately documented that facility nurses administered these vaccines or left the administrator information incomplete. Facility policy required that immunizations be documented by the nurse who administered them and that vaccines given by non-facility staff be entered as outside-agency or historical immunizations in the EMR, rather than as standard MAR entries. An LPN reported signing the MAR for vaccines they did not administer, based on verification forms and resident reports, while another LPN stated they only entered orders and did not give any vaccines, despite being listed as the administering nurse. Leadership and nursing staff acknowledged that nurses should not document medications they did not administer or witness, yet the records continued to reflect inaccurate or incomplete documentation of who actually gave the vaccines.
A resident with an indwelling Foley catheter and a history of UTIs was repeatedly observed with the drainage bag positioned above bladder level and not wearing a leg bag as care planned. There were no provider orders for the catheter or its care, and the care plan contained outdated and inaccurate information about the resident's urinary devices. Staff interviews revealed lapses in updating care plans, obtaining orders, and following proper catheter care procedures.
A certified nurse aide was found to have verbally abused a resident by yelling and making inappropriate comments during care, as witnessed by another resident and confirmed by staff interviews. The resident, who was cognitively intact and had multiple medical conditions, reported feeling hurt and disappointed by the aide's actions. The incident was corroborated by witness statements and staff, who recognized the behavior as verbal and mental abuse.
A facility failed to ensure a Consultant Pharmacist reported irregularities in a resident's drug regimen review, leading to the prolonged use of an antibiotic without an end date. The resident, with severe cognitive impairment and multiple diagnoses, was prescribed Doxycycline Monohydrate since 2020. The pharmacist did not identify or report the excessive duration, and the DON was unaware of the antibiotic use. The deficiency was noted during a standard survey, indicating a lapse in medication management and antibiotic stewardship.
A resident with severe cognitive impairment and multiple diagnoses, including MRSA, was receiving Doxycycline Monohydrate for lifelong suppression without proper monitoring by the facility's Infection Preventionist or Antibiotic Stewardship Program. The facility's policy required tracking and reporting of antibiotic usage, but this was not done. Staff interviews revealed a lack of awareness and monitoring due to the antibiotic not appearing on the facility's dashboard, and there was no process to review the pharmacy's report.
A facility failed to review and renew a resident's Medical Orders for Life-Sustaining Treatment (MOLST) as required, leading to a discrepancy between the resident's current wishes and documented orders. Despite the resident's moderate cognitive impairment and history of serious medical conditions, their MOLST form had not been updated since a specified date. Interviews with staff revealed a lack of consistent review, highlighting the importance of aligning medical orders with residents' current wishes.
The facility failed to properly label and manage medications in the Unit 4 storage room. Observations revealed undated and outdated Tubersol vials and expired over-the-counter medications. Staff interviews highlighted lapses in adherence to labeling and expiration protocols, with responsibilities shared among LPNs, the Pharmacy Technician, and the Shipping/Receiving Manager. The DON and Administrator emphasized the need for proper labeling and removal of expired medications.
A facility failed to notify a resident and their family of a room change and a positive COVID-19 test. The resident's room was changed without notification, and the family was unaware of the COVID-19 diagnosis until visiting. Staff interviews confirmed the lack of documentation and communication.
A resident with cognitive impairments and dependent on staff for toileting was left exposed during incontinent care by a CNA, compromising their privacy and dignity. Despite the facility's policies on respecting residents' rights, the CNA left the resident uncovered and visible to the hallway, and staff interviews confirmed the lapse in maintaining privacy.
A resident with dementia and hemiparesis experienced a delay in receiving a lumbar x-ray after a fall, due to communication and documentation failures. Although x-rays for the elbow and sacral regions were completed, the lumbar x-ray was delayed because the order was not entered into the electronic medical record, and the Unit Clerk was not informed through the usual process. Staff interviews highlighted inconsistencies in the ordering and documentation process, leading to the deficiency.
Failure to Provide and Document COVID-19 Vaccine Education, Consent, and Declination
Penalty
Summary
The deficiency involves the facility’s failure to ensure that when COVID-19 vaccine was available, each resident was properly offered the vaccine, educated on its risks and benefits, and had their decision and education accurately documented in the medical record, as required by facility policy and regulation. The facility’s COVID-19 Vaccine Policy stated that residents who decline vaccination would provide a written affirmation indicating they were offered and declined the vaccine, that vaccination fact sheets would be made available prior to administration, and that informed consent (written or verbal) would be obtained from all individuals being vaccinated. However, the policy did not specify the minimum documentation requirements for the medical record, and in practice, the facility did not consistently obtain or record signed declinations or evidence of education. For one resident reviewed in detail, Resident #3, who had diagnoses including psoriatic arthritis, COPD, and depression and was documented as cognitively intact, the Vaccination Review: Consent/Declination SNF Resident Form showed verbal consent for influenza and a documented decision to decline the COVID-19 vaccine. The declination statement on the form was not signed, and there was no documentation of verbal declination. There was also no evidence in the record that this resident received education regarding the risks and benefits of the COVID-19 vaccine. In interview, Resident #3 stated they wanted to receive the COVID-19 vaccine, reported never receiving written or verbal education about it, and stated they had not signed a declination. An Immunization Audit Report later documented that this resident refused the COVID-19 vaccine on a specific date and that no education was provided. Further review of 34 additional resident Vaccination Review: Consent/Declination forms for residents indicated to have declined the COVID-19 vaccine revealed there were no signed declinations and no documentation that Vaccine Information Sheets or other education on risks, benefits, and potential side effects had been provided to the residents or their representatives. Staff interviews confirmed that when residents declined vaccinations, the declination section of the form should have been completed with a signature or verbal declination notation and that education on risks and benefits should have been provided and documented. The Assistant DON/Infection Preventionist acknowledged responsibility for providing vaccination education but had no evidence that such education was completed, and a former unit manager stated they did not provide vaccination education or obtain consents/declinations for a prior influenza/COVID-19 clinic. Leadership interviews further confirmed expectations that both consent and declination statements be signed when applicable and that risks versus benefits be reviewed prior to obtaining decisions, which did not occur as required in these cases.
Failure to Obtain Proper Consent for COVID-19 and Influenza Vaccinations
Penalty
Summary
The deficiency involves the facility’s failure to honor residents’ rights to refuse treatment and to obtain proper consent for immunizations, specifically COVID-19 and influenza vaccines, for two residents reviewed for immunizations. Facility policies for COVID-19 and influenza vaccination required that residents and/or resident representatives receive vaccine information sheets, be educated on risks and benefits, and that informed consent (written or verbal) be obtained prior to administration, with vaccination remaining voluntary. New York State regulations and federal resident rights documents cited in the report state that residents have the right to refuse medication and treatment after being fully informed, and that legal guardians or health care proxies have the right to make important decisions on the resident’s behalf when the resident lacks capacity. Resident #1 had diagnoses including Alzheimer’s disease, vascular dementia, and a prior stroke, with the MDS documenting moderate cognitive impairment. The resident’s care plan showed multiple advance directives, including a MOLST, Health Care Proxy, and Power of Attorney, with a goal that the resident’s wishes be honored. A Determination of Incapacity for Medical Decision-Making documented that the resident lacked capacity and that the Health Care Proxy/Agent had been informed of this determination by two medical providers. Despite this, a Vaccination Review: Consent/Declination form recorded that the Assistant Director of Nursing/Infection Preventionist obtained verbal consent directly from the resident for influenza and COVID-19 vaccines, and the vaccines were administered. The Immunization Audit Report also showed prior refusals of other immunizations by the family/resident, and the order summary confirmed active Health Care Proxy status and vaccine orders. The resident’s Agent/Surrogate later stated they were responsible for medical decisions, were not asked for consent, were only notified after the vaccines were given, and would have declined them. The previous Unit Manager stated that Resident #1 lacked capacity, had documentation of incapacity, and that the spouse should have been called; they further stated that the Assistant DON/Infection Preventionist went room to room obtaining verbal consents from residents without verifying capacity, resulting in vaccinations against the Health Care Proxy’s wishes. Resident #2 had diagnoses including dementia, encephalopathy, and COPD, with the MDS documenting severe cognitive impairment. The care plan described the resident as moderately impaired in decision making and referenced a cognitive level tool indicating Level 4 (moderately impaired). There was no initial documentation of capacity determination or advance directives in the care plan, but later orders showed that a Health Care Proxy was activated with an effective date prior to the vaccination clinic. The Vaccination Review: Consent/Declination form documented that the Assistant DON/Infection Preventionist obtained verbal consent from the resident for influenza and COVID-19 vaccines, and the vaccines were administered. The Immunization Audit Report and order summary confirmed the vaccines were given and that a Health Care Proxy order was in place. The Social Worker stated that a BIMS score under 12 indicated lack of capacity, that Resident #2 did not have the ability to make decisions, and that the Health Care Agent made decisions and should have been notified for vaccinations. The Assistant DON/Infection Preventionist stated they obtained consents verbally from residents and by phone from proxies, that it was not legal to vaccinate without proper consent, and acknowledged they did not document family consent for Resident #2 and should have done so. Resident #2’s Health Care Agent reported that vaccination consent was not discussed with them, they were unaware the vaccines were given, and that the resident would not have understood what they were consenting to. The DON, Administrator, and Medical Director all stated that capacity should be assessed (e.g., via BIMS and capacity forms), that if a resident lacks capacity the responsible party or Health Care Proxy must make decisions, and that residents who lack capacity should not receive vaccinations without proxy consent. These facts collectively demonstrate that the facility failed to ensure residents’ rights to refuse treatment and to obtain appropriate consent from authorized representatives before administering vaccines to two cognitively impaired residents.
Inaccurate Documentation of Third-Party Vaccine Administration on MAR
Penalty
Summary
The deficiency involves the facility’s failure to maintain accurate and complete medical record documentation regarding vaccine administration for three residents. Facility policies required that residents receive immunizations from a licensed facility nurse per physician orders, that administration be documented on the Medication Administration Record (MAR), and that vaccines given by non-facility staff be entered as historical documentation in the electronic medical record’s immunization module. Policies also required that medications never be out of the sight of the nurse administering them and that nurses document administration on the MAR immediately after giving the medication, observing the five rights of medication administration. For one resident with Alzheimer’s disease, vascular dementia, and a history of stroke, the MAR for a specified month documented that an LPN administered both a COVID-19 vaccine and an influenza vaccine on a particular date. The Immunization Audit Report showed both vaccines as completed on that date, with incomplete documentation of the COVID-19 vaccine location and administrator, and the influenza vaccine recorded as given in the left deltoid by the Assistant Director of Nursing/Infection Preventionist. For a second resident with dementia, encephalopathy, and COPD, the MAR documented that another LPN administered both COVID-19 and influenza vaccines on the same date, and the Immunization Audit Report showed both as completed, but with incomplete information on the injection site and who administered them. For a third resident with psoriatic arthritis, COPD, and depression, the MAR documented that the same LPN administered an influenza vaccine on that date, and the Immunization Audit Report showed the influenza vaccine as completed in the left deltoid with the administrator field incomplete; this resident was documented as having refused the COVID-19 vaccine. Interviews established that an outside clinic/pharmacist, not facility nurses, actually administered the influenza and COVID-19 vaccines during a Flu/COVID clinic. The Assistant Director of Nursing/Infection Preventionist stated that the pharmacist administered the vaccines and that the correct order type in the electronic medical record should have been “Outside agency Medication/Vaccine Administration,” not a standard MAR medication order. One LPN reported that the outside agency did not have MAR access and that, after verifying which vaccines residents received, they signed the MAR, even though they generally do not sign for medications they did not administer and did not witness one resident’s vaccinations. Another LPN stated they did not administer any vaccines that day and were only entering orders, despite being listed on the MAR as the administering nurse. Other nursing staff and leadership stated that nurses should not document administration of medications they did not give or did not witness, and the Administrator confirmed that nurses should not sign for medications they did not prepare or administer. Despite this, the MAR and immunization records reflected facility nurses as the administering staff or left the administrator field incomplete, while the vaccines were actually given by a third party, resulting in inaccurate medical record documentation.
Deficient Catheter Care and Documentation
Penalty
Summary
A deficiency was identified regarding the care and management of an indwelling Foley catheter for one resident. The resident, who had a history of severe intellectual disabilities, hydronephrosis, urinary retention, and recurrent urinary tract infections, was observed multiple times with the urinary drainage bag positioned above the level of the bladder while seated in a wheelchair. The bag was attached to the wheelchair armrest, contrary to facility policy and standard practice, which require the drainage bag to be kept below bladder level to prevent backflow of urine. Additionally, the resident was not wearing a urinary collection leg bag as specified in the care plan when out of bed. Record review revealed that there were no provider orders in place for the indwelling Foley catheter, including orders for its care or for scheduled catheter changes, despite hospital discharge instructions specifying monthly changes. The resident's comprehensive care plan and Kardex contained inaccuracies, such as references to a suprapubic catheter and nephrostomy tube that the resident did not have. The care plan was not updated to reflect the resident's current urinary status or device needs, and staff interviews confirmed a lack of awareness and follow-through regarding the required catheter care and documentation. Staff interviews further indicated that responsibilities for updating care plans, obtaining provider orders, and ensuring accurate documentation were not consistently fulfilled. Nursing staff and aides were unclear about the correct use of leg bags and the proper placement of drainage bags, and there was a lack of communication regarding changes in the resident's condition and device requirements. The facility's failure to ensure appropriate catheter care, accurate care planning, and proper provider orders led to the identified deficiency.
Verbal Abuse of Resident by Certified Nurse Aide
Penalty
Summary
A deficiency occurred when a certified nurse aide verbally abused a resident during the early morning hours. The aide was witnessed by another resident yelling at the resident, stating that the world did not revolve around them and that they were not special, while also expressing frustration about having other residents to care for. The resident who was the subject of the yelling had diagnoses including congestive heart failure, hypertension, and diabetes mellitus, and was documented as cognitively intact, alert, and oriented. The incident was corroborated by the resident's roommate, who observed the aide's loud and boisterous tone and described the aide as verbally nasty and overcorrecting during care. Multiple interviews with other residents and staff confirmed concerns about the aide's behavior. One resident expressed fear of the aide and described the aide as wanting residents to adapt to their routine. Another resident described the aide's attitude as unpleasant. Staff interviews, including those with an LPN, RN Unit Manager, social worker, and the Director of Nursing, all acknowledged that yelling at residents constituted verbal and mental abuse and was inappropriate. The resident affected by the incident reported feeling disappointed and hurt by the aide's actions. The facility's policies and state regulations require protection of residents from all forms of abuse, including verbal and mental abuse. The investigation confirmed that the aide's conduct was intentional, verbally abusive, and in violation of resident rights. The incident was documented and verified through resident statements, witness accounts, and staff interviews, establishing that the resident was not protected from verbal abuse as required.
Failure to Report Drug Regimen Irregularities
Penalty
Summary
The facility failed to ensure that the Consultant Pharmacist reported irregularities in the drug regimen review for a resident who was prescribed and administered an antibiotic for an excessive duration. The Consultant Pharmacist did not identify or report the prolonged use of Doxycycline Monohydrate, which had been prescribed since November 2020 without an end date. The facility's policy required the pharmacist to assess medication regimens monthly for appropriateness and to report any irregularities, including excessive duration and inadequate indications for use. However, there was no evidence of recommendations made to the provider regarding the continued use of the antibiotic from November 2022 through May 2024. The resident involved had diagnoses including osteomyelitis, pressure ulcers, and schizophrenia, and was documented to have severe cognitive impairment. The comprehensive care plan did not reflect the long-term use of antibiotics, and the Director of Nursing was unaware of the resident's antibiotic use. Interviews with the Pharmacy Consultant and the Chief Nursing Officer revealed a lack of communication and failure to identify and report the irregularities, which was expected as part of the pharmacist's role. The deficiency was identified during a standard survey, highlighting a failure in the facility's medication management and antibiotic stewardship program.
Failure to Monitor Antibiotic Use in Resident with MRSA
Penalty
Summary
The facility failed to ensure that its infection control program included protocols and a system to monitor antibiotic use, as evidenced by the case of a resident who had been receiving Doxycycline Monohydrate for lifelong suppression of Methicillin-Resistant Staphylococcus Aureus (MRSA) since 11/22/20. The resident, who had severe cognitive impairment and multiple diagnoses including osteomyelitis and pressure ulcers, was not monitored or tracked by the Infection Preventionist or the Antibiotic Stewardship Program. The facility's policy required that antibiotic usage be tracked and reported to the Infection Prevention and Control Committee, but this was not done for the resident in question. Interviews with facility staff revealed a lack of awareness and monitoring of the resident's antibiotic use. The Pharmacy Consultant stated that an Antimicrobial Days of Therapy Report was generated monthly and sent to the Administrator, who was expected to share it with relevant staff. However, the Registered Nurse/Infection Preventionist and the Director of Nursing were unaware of the resident's prophylactic antibiotic use, as it did not appear on the facility's monitoring dashboard. The Chief Nursing Officer acknowledged that there was no process in place to review the pharmacy's report, which contributed to the oversight in monitoring the resident's antibiotic use.
Failure to Review and Renew Advanced Directives
Penalty
Summary
The facility failed to ensure that the system for managing advanced directives was implemented in accordance with the residents' wishes, specifically for one resident. The Medical Orders for Life-Sustaining Treatment (MOLST) form for this resident had not been reviewed or renewed since a specified date, despite the facility's policy requiring such reviews at least every 60 days or upon changes in orders. This oversight was identified during a standard survey, which included observations, interviews, and record reviews. The resident in question had a history of cognitive communication deficit, hemiplegia, hemiparesis following a stroke, and type 2 diabetes mellitus. Despite having moderate cognitive impairment, the resident was understood to have expressed a desire for their advance directives to be honored throughout their stay. However, during an interview, the resident expressed a wish to receive CPR, indicating a potential discrepancy between their current wishes and the documented MOLST orders, which included a DNR order and other limitations on medical interventions. Interviews with facility staff, including a Physician Assistant, Social Worker, Registered Nurse Unit Manager, and the Director of Nursing, revealed a lack of consistent review and renewal of the MOLST forms. The staff acknowledged the importance of regularly reviewing these orders to ensure they align with the residents' current wishes and to prevent any medical interventions that might contradict those wishes. The deficiency was further highlighted by the absence of evidence in the social services progress notes that the resident's advanced directives had been reviewed during a specified period.
Medication Labeling and Expiration Deficiency
Penalty
Summary
The facility failed to ensure that drugs and biologicals were labeled according to professional principles, specifically in the Unit 4 medication storage room. During an observation, it was found that the refrigerator contained four opened multi-dose vials of Tubersol solution, three of which were undated, and one was outdated. Additionally, the medication storage room cabinet contained expired over-the-counter medications, including liquid Acetaminophen, Sorbitol Solution, and Multi-Vite Liquid. The facility's policy required that only authorized personnel access the medication rooms, and the manufacturer's instructions for Tubersol solution specified that opened vials should be discarded after 30 days. Interviews with staff revealed a lack of adherence to labeling and expiration protocols. A Licensed Practical Nurse admitted to not labeling a new bottle of Tubersol when opened. The Shipping/Receiving Manager stated they were responsible for stocking over-the-counter medications but not refrigerator medications, which were the responsibility of the Pharmacy Technician. The Pharmacy Consultant emphasized the importance of dating multi-dose vials and discarding them after 28 days. The Pharmacy Technician and the Unit Manager both acknowledged the responsibility of nurses to check for expired or unlabeled medications. The Director of Nursing and the Administrator reiterated the expectation that all medication rooms and carts should be free of expired medications and that open vials should be labeled and dated.
Failure to Notify Resident and Family of Room Change and COVID-19 Diagnosis
Penalty
Summary
The facility failed to notify a resident and their responsible party of significant changes, including a room change and a positive COVID-19 test result. Specifically, the resident's room was changed on 11/30/23 without notifying the resident or their family member, as required by the facility's policy. Interviews with the social worker and the Director of Social Work confirmed that there was no documentation of notification, and the family member stated they were not informed of the room change. Additionally, the resident tested positive for COVID-19 on 12/17/23, but there was no evidence that the responsible party was notified. The family member discovered the resident's condition upon visiting the facility and expressed dissatisfaction with the lack of communication. Interviews with nursing staff and the Director of Nursing revealed that the unit manager should have notified the family immediately about the change in condition, but there was no documentation of such notification in the resident's records.
Failure to Ensure Resident Privacy During Personal Care
Penalty
Summary
The facility failed to ensure the personal privacy of a resident during personal care, as observed during a complaint investigation. The incident involved a resident with diagnoses including congestive heart failure, ischemic cardiomyopathy, and osteoarthritis, who was dependent on staff for toileting hygiene. During an observation, a Certified Nursing Assistant (CNA) initiated incontinent care for the resident but left the resident exposed and uncovered, visible to the hallway, when exiting the room. The resident expressed discomfort about being left exposed, and the CNA returned with another CNA to complete the care but again left the resident uncovered with the door open. Interviews with staff, including a Licensed Practical Nurse and the Director of Nursing, confirmed that all nursing staff were responsible for ensuring personal privacy during care to maintain residents' dignity. The CNAs involved acknowledged the failure to cover the resident and close the door, which compromised the resident's dignity and privacy. The facility's policies emphasized the importance of respecting residents' rights to privacy and dignity, which were not adhered to in this instance.
Delay in Radiology Services for Resident After Fall
Penalty
Summary
The facility failed to provide timely radiology services for a resident who required a lumbar x-ray following an unwitnessed fall. The resident, who had a history of dementia, hemiparesis, and repeated falls, was found on the floor complaining of lower back and elbow pain. Although x-rays for the elbow and sacral regions were ordered and completed, the lumbar x-ray was not performed until several days later, resulting in a delay in treatment. The deficiency was primarily due to a breakdown in communication and documentation processes. Registered Nurse #1 did not enter the x-ray orders into the electronic medical record, and the Unit Clerk was not informed of the new orders through the usual method of writing them in a designated book. This miscommunication led to the omission of the lumbar x-ray from the initial radiology request, despite the Nurse Practitioner having ordered it. Interviews with staff, including the Unit Clerk, Registered Nurse #1, the Nurse Practitioner, and the Director of Nursing, revealed inconsistencies in the process of ordering and documenting x-rays. The Director of Nursing acknowledged the communication breakdown, and the Medical Doctor confirmed that all x-rays should have been completed as ordered. The failure to obtain the lumbar x-ray promptly was identified as a deficiency in meeting the resident's needs.
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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