Elderwood At Waverly
Inspection history, citations, penalties and survey trends for this long-term care facility in Waverly, New York.
- Location
- 37 North Chemung Street, Waverly, New York 14892
- CMS Provider Number
- 335346
- Inspections on file
- 19
- Latest survey
- March 11, 2026
- Citations (last 12 mo.)
- 2 (1 serious)
Citation history
Health deficiencies cited at Elderwood At Waverly during CMS and state inspections, most recent first.
A resident with Alzheimer’s disease and moderate cognitive impairment repeatedly engaged in sexually inappropriate behavior with six other residents, most of whom had severe cognitive impairment and were dependent on staff. Over multiple episodes, the resident was found in other residents’ beds partially or fully unclothed, touching genital areas under briefs, kissing residents, and attempting to kiss and rub a cognitively intact resident’s breast. Staff often separated the residents at the time of each event, but incident reports lacked complete documentation, several victim residents’ care plans were not revised, and there was no consistent social work or psychosocial follow-up. Despite prior knowledge of this pattern by nursing and social services leadership, effective monitoring and protective interventions for potential victims and timely, comprehensive behavior management for the aggressor were not implemented, resulting in a serious abuse deficiency.
A resident with Alzheimer’s disease, severe cognitive impairment, and a history of combative behavior during care was being transferred to a wheelchair by a CNA and a support aide when the resident hit the aide. In response, the aide struck the resident on the shoulder while telling the resident not to hit them, an action witnessed and reported by the CNA. The resident’s care plan already identified behavioral issues and outlined interventions such as verbal cues, redirection, and reapproach during agitation, but during this episode the aide reacted physically instead, resulting in a substantiated incident of physical abuse.
A resident with Parkinson's, dysphagia, and dementia did not receive necessary supervision and cueing during meals, as required by their care plan. Observations showed the resident often left without assistance, leading to low food intake. Staff interviews confirmed the need for constant encouragement, which was not consistently provided.
Two residents in an LTC facility were not provided adequate supervision, leading to safety risks. One resident with dysphagia was given ice chips without proper supervision, contrary to aspiration precautions. Another resident with Alzheimer's frequently wandered into unsafe areas without a documented plan to address this behavior. The facility's policies on aspiration precautions and wandering security were not followed, contributing to these deficiencies.
A facility failed to implement telepsychiatry recommendations for a resident with dementia, resulting in ongoing distress and agitation. The resident's care plan did not include non-pharmacological interventions to manage behavioral symptoms, despite severe cognitive impairment and aggressive behaviors. Staff interviews revealed a lack of awareness and implementation of these interventions, leading to a deficiency in care planning and intervention processes.
The facility failed to provide palatable and safe meals during two lunch services, with residents reporting tough cube steak and improper food temperatures. Staff were unaware of proper temperature guidelines, and budget constraints affected food quality.
A resident's updated DNR order was not properly documented, leading to a discrepancy between paper and electronic records. When the resident was found unresponsive, staff initiated CPR based on outdated information, contrary to the resident's wishes. The error stemmed from a failure to replace the old Medical Orders for Life-Sustaining Treatment form with the updated one, resulting in a critical procedural breakdown.
A resident with Alzheimer's and self-feeding difficulties did not receive the necessary assistance during meals as outlined in their care plan. Despite requiring partial to moderate assistance, staff failed to provide the needed support, resulting in incomplete meal consumption. Interviews revealed a lack of awareness among staff regarding the resident's specific assistance needs, leading to a deficiency in care practices.
Failure to Protect Residents From Repeated Sexual Abuse by Another Resident
Penalty
Summary
The deficiency involves the facility’s failure to protect multiple residents from sexual abuse by another resident with Alzheimer’s disease, resulting in Immediate Jeopardy and actual harm. Facility policy required staff training on abuse prevention, recognition of abuse, and ongoing assessment, care planning, and monitoring of residents with behaviors that might lead to conflict or sexually aggressive conduct. Despite this, the resident with Alzheimer’s disease (Resident #2), who had moderate cognitive impairment and ambulated independently, was repeatedly involved in sexually inappropriate situations with six other residents, most of whom had severe cognitive impairment and were dependent on staff for mobility and care. The facility did not consistently assess, care plan, or monitor at-risk residents or the aggressor in a way that prevented repeated incidents. In the first incident, a nurse documented that Resident #2 was found in another cognitively impaired resident’s bed with a hand moving inside that resident’s brief. Resident #2 was removed and moved to another unit, but the incident report lacked staff statements and did not document Resident #2’s activities prior to discovery or when either resident was last observed. There was no documented social work follow-up or updated interventions for the victim resident, despite a care plan noting trauma and anxiety related to prior traumatic events. The only documented care plan change for Resident #2 was a temporary unit move, medication review, and behavioral monitoring, and there was no documentation of care plan updates when Resident #2 was later moved back to the original floor or of specific interventions addressing sexually inappropriate behavior. Subsequent incidents showed a pattern of inadequate protection and follow-up. In one event, a severely cognitively impaired resident was found in Resident #2’s bed, naked from the waist down, while Resident #2 was completely unclothed; staff noted apparent fluid on the sheet, but there was no care plan update or new interventions for the victim, and Resident #2’s care plan was only revised to note that another resident had been found in the bed, with no new protective measures. In another incident, Resident #2 was observed in a dining room kissing a severely cognitively impaired resident and removing a hand from the resident’s thigh area; although staff separated them and documented the event, there was no care plan revision for the victim. In a further incident, a cognitively intact resident reported that it was not acceptable for Resident #2 to touch their breast when Resident #2 attempted to kiss and rub the resident’s breast; the only documented intervention was to keep the residents apart in the activity room, and there was no care plan revision or psychosocial follow-up for the victim. Additional incidents continued despite knowledge of Resident #2’s history. In one case, staff found Resident #2 at the bedside of a severely cognitively impaired resident with both hands under the sheet; the victim’s brief was almost completely unsecured, and the resident stated, “it hurts,” though no open skin areas were found. In another case, Resident #2 was found lying in the bed of a severely cognitively impaired resident who was yelling for help, and later sitting on the same resident’s bed holding their hand; staff noted that Resident #2 wandered frequently at night and that there were no safety measures in place to protect female residents aside from general monitoring. Interviews with social services staff and the DON confirmed prior knowledge of Resident #2’s sexually inappropriate behaviors with multiple female residents, acknowledged that there were no safety measures in place for several of the victim residents, and revealed that no psychosocial follow-ups or psychological evaluations were completed for the victims. The Medical Director reported being notified only recently about the pattern of inappropriate sexual behaviors, despite expecting to be informed of such incidents. These actions and omissions demonstrate that the facility failed to implement effective assessments, care plan revisions, monitoring, and protective interventions to prevent ongoing sexual abuse of residents.
Removal Plan
- Resident #2's care plan was revised to show 1:1 supervision at all times.
- All residents who resided on the first floor South Unit had their care plans revised to be at risk for a victim of abuse.
- All nursing staff working on South Unit were educated on Resident #2's revised care plan (confirmed by signature records).
- The Medical Director and Nurse Practitioner #29 assessed Resident #2's medications and made changes.
- A referral for a psychiatric evaluation of Resident #2 was made.
- All staff were re-educated on recognizing and reporting abuse.
- Education was verified through staff interviews across departments and review/verification of education signature sheets against a full staffing list.
- All residents on the South Unit were interviewed by members of the Interdisciplinary Team to rule out any further instances of unreported abuse; progress notes from the last 30 days were also reviewed for those residents (no concerns identified).
- Social Worker #14 followed up with Residents #3, #4, #5, #6, #7, and #8 to ensure no psychosocial/emotional harm was noted.
Resident Struck by Staff During Combative Care Episode
Penalty
Summary
The deficiency involves the facility’s failure to protect a resident from physical abuse by staff. A support aide struck a resident on the left shoulder after the resident, who was known to be combative with care, hit the aide during a transfer. The facility’s abuse prevention policy required staff training on prevention of all forms of abuse, recognition of abuse, and supervision of staff on all shifts to identify inappropriate behaviors such as rough handling and physical punishment. Despite this policy, the aide reacted to being hit by the resident and struck back, constituting physical abuse. The resident involved had Alzheimer’s disease with severely impaired cognition, used a wheelchair, and was dependent on staff for all ADLs. The comprehensive care plan documented alteration in mood and behavior due to Alzheimer’s disease, communication deficits, and dementia with psychotic disturbance. It also noted that the resident could be combative and resistive to care, verbally aggressive, and at times refused all care. Interventions in the care plan included providing verbal cues prior to care routines, administering medications as ordered, reporting changes in mood and behavior to the physician, redirecting and providing distractions during agitation, and reapproaching as appropriate. During the incident, the resident was combative with care, hit the support aide during transfer, and the aide responded by hitting the resident on the shoulder. The incident was witnessed and reported by another CNA who was assisting with the transfer. This CNA stated that the resident struck the support aide, and the aide then hit the resident’s left shoulder with their right hand while saying, "don’t hit me," and that the slap was not hard but could be heard. The resident, due to cognitive impairment, could not describe what had happened when assessed afterward. The facility’s investigation, including staff interviews and review of statements, concluded that abuse had occurred when the support aide struck the resident in response to the resident’s combative behavior during care.
Failure to Provide Adequate Meal Assistance to Resident
Penalty
Summary
The facility failed to ensure that Resident #142, who had diagnoses including Parkinson's disease, dysphagia, and dementia, received the necessary assistance with activities of daily living, specifically with eating. The resident's care plan required supervision or touching assistance for eating, with maximum encouragement, and specified that meals should be taken in the dining room. However, observations revealed that the resident was often left without the required supervision and cueing during meals, leading to inadequate food intake. From March 20 to March 27, 2025, the resident's meal consumption was consistently low, with many meals left untouched. Observations on multiple occasions showed the resident staring straight ahead without eating, holding food without consuming it, and being distracted by the television. Staff failed to provide the necessary encouragement or assistance, as required by the resident's care plan. Interviews with staff confirmed that the resident required supervision with maximum cueing, but this was not consistently provided. The lack of supervision and cueing was acknowledged by various staff members, including a Certified Nurse Aide, a Licensed Practical Nurse, and a Registered Nurse Unit Manager, who all stated that the resident needed constant encouragement to eat. The Assistant Director of Therapy also noted that the resident's functional maintenance program required consistent cueing to ensure proper nutrition. Despite these requirements, the resident was often left unattended or inadequately assisted during meals, resulting in poor nutritional intake.
Inadequate Supervision and Policy Adherence in Resident Care
Penalty
Summary
The facility failed to provide adequate supervision and adhere to care instructions for two residents, leading to potential safety risks. Resident #171, who had dysphagia and was on aspiration precautions, was observed consuming ice chips without a physician's order or proper supervision. Despite care instructions specifying that the resident should only have 60 milliliters of ice chips while sitting upright in a chair, staff provided a 20-ounce cup of ice chips and allowed the resident to consume them while lying in bed. This action was contrary to the aspiration precautions in place and increased the risk of aspiration. Resident #164, diagnosed with early onset Alzheimer's disease and a history of falling, was at high risk for elopement. The resident frequently wandered into non-residential areas, including the lobby, kitchen, and employee cafeteria, without a documented plan to address these behaviors. Although the resident was equipped with a wander alert device, there were multiple instances where the functionality of the device was not checked due to the unavailability of a meter. This lack of monitoring and intervention increased the risk of the resident accessing potentially unsafe areas. The facility's policies on aspiration precautions and the electronic wandering security system were not adequately followed, leading to these deficiencies. Staff interviews revealed a lack of awareness and adherence to care instructions and policies, contributing to the unsafe conditions for both residents. The failure to ensure proper supervision and adherence to care plans resulted in significant safety concerns for the residents involved.
Failure to Implement Non-Pharmacological Interventions for Dementia Resident
Penalty
Summary
The facility failed to ensure that a resident diagnosed with dementia received appropriate treatment and services to maintain their highest practicable physical, mental, and psychosocial well-being. Specifically, the facility did not implement telepsychiatry recommendations for non-pharmacological interventions to manage the resident's behavioral symptoms. The resident, who had severe cognitive impairment and a history of aggressive behaviors, was not provided with the recommended interventions to address their agitation and combativeness. The resident's comprehensive care plan documented various behavioral issues, including resistance to care, verbal threats, and self-abusive acts. Despite these documented behaviors, the facility did not incorporate the telepsychiatry recommendations into the resident's care plan. These recommendations included identifying behavioral triggers, providing trauma-informed care, and encouraging proper sleep patterns. Observations revealed that the resident continued to exhibit distressing behaviors, such as wandering and yelling, without appropriate interventions being implemented. Interviews with facility staff indicated a lack of awareness and implementation of the recommended non-pharmacological interventions. Staff members were unsure of the specific interventions for the resident's behaviors and did not consistently provide the necessary support to address the resident's distress. The failure to implement these recommendations resulted in the resident experiencing ongoing distress and agitation, highlighting a deficiency in the facility's care planning and intervention processes.
Deficiency in Food Quality and Temperature
Penalty
Summary
The facility failed to ensure that food and drink were palatable, attractive, and served at safe and appetizing temperatures during two lunch meals tested on 3/24/2025 and 3/28/2025. On 3/24/2025, multiple residents reported that the cube steak was difficult to cut and chew, with some residents requiring meal replacements. Observations revealed that the cube steak was tough, and residents with specific dietary needs, such as those requiring easy-to-chew food, were not adequately accommodated. The facility's policy required the Director of Dining Services or a designee to maintain proper food temperatures and holding times, but this was not effectively implemented. On 3/27/2025, a lunch meal was tested for taste, temperature, and palatability, revealing that several food items were not served at appropriate temperatures. The applesauce, turkey bake, Brussels sprouts, coffee, and milk were all outside the recommended temperature ranges. Interviews with staff indicated a lack of awareness regarding proper food temperatures, and the Food Service Director acknowledged the issue, citing budget constraints as a factor in the quality of the cube steak. Despite being aware of the meal replacement requests, the Food Service Director had not received complaints about food temperature or quality prior to the survey.
Failure to Update and Communicate Advance Directives
Penalty
Summary
The facility failed to properly document and communicate a resident's updated Advance Directives, leading to a discrepancy between the paper medical record and the electronic medical record. The resident had changed their Medical Orders for Life-Sustaining Treatment from a full code status to a Do Not Resuscitate (DNR) order. However, the paper record and electronic record did not match, resulting in confusion when the resident was found unresponsive. Nursing staff initially followed the outdated paper record, which indicated a full code status, and began cardiopulmonary resuscitation. The resident, who had diagnoses including acute posthemorrhagic anemia, pancytopenia, and chronic kidney disease, had returned from the hospital and expressed a desire to change their code status to DNR. The updated Medical Orders for Life-Sustaining Treatment form was completed and signed by the resident's healthcare proxy, but it was not properly filed. Instead, it was placed on a provider clipboard for review, leading to the outdated form remaining in the file. This oversight resulted in the staff initiating life-saving measures contrary to the resident's wishes. Interviews with facility staff revealed a breakdown in the system for updating and filing Medical Orders for Life-Sustaining Treatment forms. The Registered Nurse Unit Manager was unsure of the correct procedure for filing the new form, and the staff were not aware that the updated form should have replaced the old one in the file. This miscommunication and procedural error led to the initiation of unwanted life-saving measures, highlighting a critical failure in the facility's process for handling advance directives.
Removal Plan
- The system for filing the forms was revised. The Medical Orders for Life Sustaining Treatment forms were to be completed upon admission and readmission to ensure accurate code status. Once the new Medical Orders for Life Sustaining Treatment form was completed, it was to be placed in the file and the old form would be marked on the last page. form changed, new form completed. The reviewer would enter the date and time, then sign. Once completed, the voided form would be filed in medical record. The new Medical Orders for Life Sustaining Treatment form was to remain in the file on the unit (not the medical provider clipboard).
- All licensed nursing staff were educated on the process for completing a new Medical Orders for Life Sustaining Treatment form, and identification and verification of advance directives. The electronic record would be verified initially and then the paper medical record would be used to confirm the status; this record would be brought to the room where basic life support was being considered.
- A full house audit was completed to verify all Medical Orders for Life Sustaining Treatment forms were signed and executed, and that orders were entered correctly into the electronic medical record.
- The facility initiated five audits per week for three months to ensure staff could verbalize the appropriate measures and how to verify code status when they found an unresponsive resident.
- All staff responsible for performing cardiopulmonary resuscitation or verifying Medical Orders for Life Sustaining Treatment forms were re-educated by the Director of Nursing and Educator on the facility policy for Basic Life Support and the new process for filing the Medical Orders for Life Sustaining Treatment forms.
- The facility will complete audits for six months for any resident who expired at the facility to ensure that the policy for Basic Life Support and Medical Orders for Life Sustaining Treatment orders were honored. Any deficiency will be reported to the Director of Nursing immediately.
- The facility planned to conduct one code drill per shift for one month, and then quarterly thereafter, to monitor compliance.
- Medical Orders for Life Sustaining Treatment audits would be completed by the social workers weekly, for eight weeks and then monthly for three months. All results of the audits were to be reported to the Quality Assurance Team.
Failure to Assist Resident with Meals as Per Care Plan
Penalty
Summary
The facility failed to ensure that a resident with Alzheimer's disease and self-feeding difficulties received the necessary assistance during meals as outlined in their care plan. The resident, who had severely impaired cognition and required partial to moderate assistance with eating, was observed during breakfast and lunch without receiving the planned assistance. Despite the care plan specifying that the resident needed one-person physical assistance and adaptive equipment, staff did not provide the required support or encouragement during meals. During breakfast, the resident was observed eating independently without staff assistance, consuming only a portion of their meal. Similarly, during lunch, the resident was left to eat on their own, resulting in incomplete consumption of their meal. Staff members, including Certified Nurse Aides, were aware of the care plan requirements but failed to provide the necessary assistance, which could potentially impact the resident's nutritional status. Interviews with staff revealed a lack of awareness regarding the specific level of assistance required for the resident, despite the information being available on care plans and meal tickets. The Director of Therapy and the Registered Nurse Unit Manager confirmed that the resident required partial to moderate assistance, which included physical and verbal cues to encourage intake. The failure to adhere to the care plan and provide the necessary assistance during meals was identified as a deficiency in the facility's care practices.
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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