Elderwood Of Uihlein At Lake Placid
Inspection history, citations, penalties and survey trends for this long-term care facility in Lake Placid, New York.
- Location
- 185 Old Military Road, Lake Placid, New York 12946
- CMS Provider Number
- 335267
- Inspections on file
- 16
- Latest survey
- October 2, 2024
- Citations (last 12 mo.)
- 0
Citation history
Health deficiencies cited at Elderwood Of Uihlein At Lake Placid during CMS and state inspections, most recent first.
The facility failed to properly label and store medications, with issues such as expired dates on opened bottles, incorrect labeling of insulin pens, and unattended medication cups at a resident's bedside. Observations revealed systemic problems in medication management, with staff unaware of self-medication procedures and not adhering to the facility's medication administration policy.
The facility did not maintain cleanliness in food service areas, as observed during a survey. The main kitchen had soiled appliances and surfaces, including a slicer and cooking line drawers, while a kitchenette had a dirty microwave. The cleaning checklist required these items to be clean, but they were not, as confirmed by staff interviews.
The facility did not properly dispose of garbage and refuse, as observed during a survey. The side doors of two outdoor dumpsters were left open, and the sides were soiled with food drips. Litter was found around the dumpsters, in the outdoor employee break area, and the loading dock area. An administrator acknowledged the issue during an interview.
A resident with severe cognitive impairment and frail skin suffered a skin tear due to a CNA's failure to follow the care plan, which required the use of Geri sleeves during care. The CNA did not read the Kardex before providing care, leading to the omission of the necessary intervention.
The facility failed to maintain the dignity and privacy of residents, as evidenced by incidents involving public insulin administration, improper clothing, and exposure. A resident received an insulin shot in a common area without consent, another was seen with clothing on incorrectly, and a third exposed themselves with an open door. Staff did not ensure privacy or correct these issues promptly.
A resident was found with over-the-counter topical pain medications in their room without an assessment or physician order for self-administration, as required by facility policy. The resident, who was cognitively intact and had multiple diagnoses, stated they purchased and applied the medications themselves. The facility's policy mandates an interdisciplinary team review and physician order for self-administration, which was not conducted, leading to a deficiency.
The facility did not maintain a clean and comfortable environment due to roof leaks in building #1. Observations showed a tarp in the Unit One data room, water-stained ceiling tiles in the janitor closet and activities room, and drain hoses in the core area. The administrator acknowledged the issue but had not yet secured a contractor for repairs.
A resident with rheumatoid arthritis and difficulty walking experienced a significant change in condition after sustaining a left arm fracture, rendering them unable to stand or walk. Despite these changes, the facility did not complete a Significant Change MDS assessment. Interviews revealed that the DON acknowledged the need for the assessment, but it was not conducted, resulting in a deficiency.
The facility failed to timely update care plans for two residents after significant events. One resident's care plan was not revised after a fall and fracture, while another's was not updated following multiple altercations. This indicates a lapse in adhering to care planning policies.
A resident with limited English proficiency was not provided with adequate interpreter services, leading to a deficiency in maintaining their communication abilities. The facility's staff were not trained in using translation devices or services, relying instead on personal devices and gestures. This lack of training and awareness resulted in ineffective communication with the resident.
A resident with a history of rheumatoid arthritis and muscle weakness returned to the facility after being treated for a left upper arm fracture. The facility failed to conduct and document an assessment by a qualified person upon the resident's return, as required by professional standards and the care plan. The DON acknowledged the oversight during an interview.
Two residents did not receive proper respiratory care as their oxygen tubing was not labeled or dated according to facility policy. Observations showed that the tubing was not changed as scheduled, and Certified Nurse Aides were improperly handling oxygen equipment, which should have been managed by licensed nursing staff. The Director of Nursing acknowledged the issue, indicating a need for further staff education.
A recertification survey revealed that a LTC facility failed to follow its infection prevention and control practices. Staff were observed not wearing personal protective equipment or sanitizing hands between tasks, despite policies requiring these measures. Interviews with staff highlighted inconsistencies in understanding and implementing infection control protocols, contributing to the deficiency.
Medication Management Deficiencies
Penalty
Summary
The facility failed to ensure that drugs and biologicals were labeled and stored according to professional standards of practice. Specifically, there were several instances of improper medication management observed during the recertification survey. An opened medication bottle was found with an expired date, and other opened medication bottles lacked open dates. Insulin pens were labeled with incorrect expiration dates, and a pre-poured medication cup was found at a resident's bedside. These issues were identified in 2 out of 3 medication carts reviewed, indicating a systemic problem with medication management in the facility. During observations, a resident was found with multiple empty medication cups and a cup with pills at their bedside, suggesting that medications were left unattended. Interviews with staff revealed a lack of awareness regarding residents who self-medicate, and discrepancies in following the facility's medication administration policy were noted. The Director of Nursing acknowledged that nurses are expected to stay with residents until medications are taken and not leave medications at the bedside. However, the survey findings showed that these procedures were not consistently followed, leading to the deficiencies noted in the report.
Deficiency in Food Service Safety Standards
Penalty
Summary
The facility failed to ensure that food was stored, prepared, distributed, or served in accordance with professional standards for food service safety. During a recertification survey, observations revealed that several appliances and surfaces in the main kitchen were soiled with food particles or oily dust. Specifically, the slicer, cooking line drawers, bulk food bins, cupboard doors, two exterior windows, window sills, window screens, exterior window fan grills, and an ABC-rated fire extinguisher were found to be unclean. Additionally, in the Unit Four Resident Kitchenette, the interior of the microwave oven was soiled with food particles. The facility's Cooks Cleaning Check List, which was undated, indicated that the slicer should be cleaned and free of debris, and utensil drawers should be clean inside and out. Interviews with the Director of Dining Services and the Administrator confirmed awareness of these issues.
Improper Disposal of Garbage and Refuse
Penalty
Summary
The facility failed to properly dispose of garbage and refuse, as observed during a recertification survey. Specifically, the side doors of two outdoor garbage dumpsters were left open, and the sides of these dumpsters were soiled with food drips. Additionally, the grounds surrounding the dumpsters were littered. These observations were made during a survey on September 30, 2024, at 12:02 PM, where litter was found in the outdoor employee break area, around the dumpsters, and the loading dock area. An interview conducted at 12:27 PM with an administrator confirmed awareness of the issue.
Failure to Implement Care Plan Results in Resident Injury
Penalty
Summary
The facility failed to ensure the development and implementation of a comprehensive person-centered care plan with measurable objectives and timeframes for a resident with severe cognitive impairment and multiple medical conditions. The resident, who required full dependence and one-person assistance for upper body dressing, had a care plan that included the use of Geri sleeves to protect their frail skin during care. However, the Certified Nurse Aide responsible for the resident's care did not implement this intervention, resulting in a skin tear on the resident's right forearm. The incident occurred because the Certified Nurse Aide did not read the Kardex, which contained the care instructions, before providing care. This oversight led to the omission of the Geri sleeves, which were necessary to prevent skin injuries. The facility's policy required that care plans be incorporated into daily nursing care, but in this instance, the care plan was not followed, leading to the resident's injury.
Failure to Maintain Resident Dignity and Privacy
Penalty
Summary
The facility failed to ensure the dignity and respect of its residents, as evidenced by several incidents involving three residents. Resident #48, who has type 2 diabetes, dementia, and hypertension, was administered an insulin injection in the common dining area without being asked if they were comfortable with the procedure being done publicly. The nurse lifted the resident's shirt, exposing their abdomen to others in the area, which violated the resident's right to privacy and dignity. Resident #100, diagnosed with unspecified dementia, hypertension, and mobility issues, was observed walking around the facility with their shirt on inside out and backwards. Despite the expectation that staff would assist residents in correcting their clothing, this was not addressed promptly. The resident was also seen topless in a public area, indicating a lack of immediate intervention by staff to maintain the resident's dignity and appropriate attire. Resident #113, who has Alzheimer's disease, dementia, and hypertensive chronic kidney disease, was seen removing their pants and undergarments in their room with the door open, exposing themselves to the common area. Staff interviews revealed that it was expected for staff to ensure privacy by closing doors and blinds, but this was not done, compromising the resident's dignity and privacy.
Failure to Assess Resident for Self-Administration of Medications
Penalty
Summary
The facility failed to ensure that a resident was assessed by the interdisciplinary team to determine their ability to safely self-administer medications. Resident #73, who was cognitively intact and had diagnoses including chronic obstructive pulmonary disease, polyneuropathy, and diabetes, was observed with four over-the-counter topical pain relief medications in their room. The resident stated they purchased and applied these medications themselves for joint pain. However, there was no documented assessment or physician order allowing the resident to self-administer these medications, as required by the facility's policy. The facility's policy on self-administration of medication requires that residents who wish to self-administer medications must be reviewed and approved by the interdisciplinary care planning team and have an order from the attending physician. Additionally, medications should be stored in a locked drawer in the resident's room, and their use should be monitored by licensed nursing staff. The Director of Nursing was unaware of the resident's possession of these medications and confirmed that the resident had not been assessed for self-administration, nor was there a physician order in place. This oversight led to a deficiency in ensuring the resident's ability to safely manage their medications.
Facility Fails to Address Roof Leaks
Penalty
Summary
The facility failed to maintain a clean, sanitary, comfortable, and homelike environment in building #1, as evidenced by multiple roof leaks. Observations during the recertification survey revealed several areas affected by the leaks. In Unit One, a large tarp was hanging from the ceiling in the data room, and the janitor closet had water-stained ceiling tiles. Additionally, the activities room also had a water-stained ceiling tile. In the core area, there were two locations where drain hoses were attached to ceiling tiles, draining into catch-buckets. These observations indicate a lack of necessary maintenance services to address the roof leaks. During an interview, the facility's administrator acknowledged the issue and mentioned that efforts were being made to secure a contractor to repair the roof leaks before winter. However, at the time of the survey, the deficiency remained unaddressed, compromising the residents' right to a safe, clean, and comfortable environment.
Failure to Complete Significant Change MDS Assessment
Penalty
Summary
The facility failed to complete a Significant Change Minimum Data Set (MDS) assessment for a resident who experienced a significant change in condition. The resident, who was admitted with diagnoses of rheumatoid arthritis, muscle weakness, and difficulty walking, was cognitively intact and able to communicate effectively. On 4/11/2024, the resident was diagnosed with a left arm fracture, and by 4/12/2024, the resident was no longer able to stand or walk. Despite these significant changes, the facility did not complete the required MDS assessment to reflect the resident's new condition. Interviews conducted during the survey revealed that the resident's representative and the Director of Nursing acknowledged the resident's fall and subsequent inability to use a walker due to the fracture. The Director of Nursing confirmed that these changes in the resident's status warranted a Significant Change MDS assessment, which was not completed. The Registered Nurse interviewed stated that they did not see a Significant Change MDS for the resident and believed that two significant changes were necessary before conducting such an assessment. This oversight resulted in a deficiency related to the facility's failure to assess the resident's significant change in condition.
Deficiency in Timely Care Plan Revisions
Penalty
Summary
The facility failed to ensure that care plans were reviewed and revised in a timely manner by the interdisciplinary team for two residents following significant events. Resident #128 experienced an unwitnessed fall, resulting in a fracture, but the care plan was not updated to reflect this incident until over a month later. Despite the resident's fall and subsequent diagnosis of a fracture, the care plan for safety was not revised promptly, indicating a lapse in the facility's adherence to its care planning policy. Resident #2 was involved in multiple resident-to-resident altercations with another resident, identified as the aggressor. Despite these incidents, the care plan for Resident #2 was not updated to address the altercations or to implement interventions to prevent future occurrences. The facility's failure to revise the care plan following these incidents suggests a lack of timely response to behavioral issues that could impact resident safety and well-being. The facility's policy required the interdisciplinary team to review and revise care plans after each assessment, including significant changes. However, the care plans for both residents were not updated in accordance with this policy, highlighting deficiencies in the facility's care planning process. This oversight was identified during a recertification survey, which revealed that the facility did not meet the regulatory requirements for timely care plan revisions.
Deficiency in Language Assistance for Resident with Limited English Proficiency
Penalty
Summary
The facility failed to provide adequate and consistent interpreter services for a resident with limited English proficiency, leading to a deficiency in maintaining or improving the resident's language and communication abilities. The resident, who was cognitively intact, primarily spoke Creole and was not provided with effective communication tools or trained staff to assist in their language needs. The facility's policy on language assistance was not effectively implemented, as staff were not trained in using available translation devices or services. During the survey, it was observed that the nursing staff relied on personal devices like Google Translate or gestures to communicate with the resident, which was not in line with professional standards of care. The staff were unfamiliar with the use of the facility's tablet translator and language line, and there were no visible instructions or signs in the resident's room to facilitate communication. The lack of training and awareness among staff members regarding the use of these tools contributed to the communication barrier. Interviews with various staff members revealed a lack of consistent training and knowledge about the available language services. Some staff deferred the responsibility of training to others, and there was confusion about the use of the language line and electronic devices. The deficiency was further highlighted by the absence of proper documentation and instructions in the resident's care plan, which initially lacked a pin code for the language service. This oversight in providing necessary language assistance services resulted in the resident's inability to effectively communicate their needs and preferences.
Failure to Assess Resident Post-Hospitalization
Penalty
Summary
The facility failed to ensure that a resident received appropriate treatment and care according to professional standards of practice, the comprehensive person-centered care plan, and the resident's choices. Specifically, the facility did not conduct an assessment by a qualified person when the resident returned to the facility after being diagnosed and treated for a left upper arm fracture in the Emergency Department. The resident, who was admitted with diagnoses of rheumatoid arthritis, muscle weakness, and difficulty walking, was cognitively intact according to the Minimum Data Set dated 8/7/2024. The Comprehensive Care Plan for Safety, revised on 8/29/2024, indicated the resident was at risk for falls due to impaired gait. An incident report dated 4/6/2024 documented an unwitnessed fall where the resident reported tenderness in the left arm. The resident was initially assessed by a Registered Nurse and was found to have normal range of motion. However, on 4/11/2024, the Director of Nursing noted swelling, bruising, and pain in the resident's left arm, leading to an x-ray order. The hospital report confirmed a distal humerus fracture. Despite this, the electronic medical record lacked documentation of an assessment upon the resident's return to the facility. During an interview, the Director of Nursing acknowledged that an assessment should have been conducted and documented upon the resident's return.
Deficiency in Oxygen Tubing Management
Penalty
Summary
The facility failed to ensure that two residents received necessary respiratory care consistent with professional standards. Specifically, the supplemental oxygen tubing for both residents was not labeled or dated to reflect when it was last changed, as required by the facility's policy. Resident #29, who had diagnoses including hypertensive heart disease and chronic obstructive pulmonary disease, was observed multiple times with oxygen tubing that was not labeled or dated correctly. Similarly, Resident #35, with chronic respiratory failure and other conditions, was also observed with unlabeled and undated oxygen tubing, and the nasal cannula was improperly positioned. The facility's policy required that oxygen tubing be labeled and dated, and changed at least weekly or more often if soiled. However, observations revealed that the tubing for both residents was not changed according to the schedule documented in their Treatment Administration Records. Interviews with staff, including Certified Nurse Aides and Licensed Practical Nurses, revealed inconsistencies in the understanding and execution of the policy. Certified Nurse Aides reported changing the tubing and tanks themselves, contrary to the policy that only licensed nursing staff should perform these tasks. Further interviews with nursing staff and the Director of Nursing confirmed that the facility's procedures were not followed, as Certified Nurse Aides were not authorized to handle oxygen equipment. The Director of Nursing acknowledged the issue and indicated a need for additional staff education. The deficiency was identified as a failure to adhere to the facility's established protocols for oxygen administration, leading to improper labeling and changing of oxygen tubing for the residents involved.
Infection Control Deficiency in LTC Facility
Penalty
Summary
The facility failed to adhere to its infection prevention and control practices, as observed during a recertification survey across all four units. The facility's policy required staff to frequently wash their hands, especially after handling soiled or contaminated objects, and to wear protective gloves or equipment when in contact with body fluids or residents on transmission-based precautions. However, observations revealed that staff did not consistently follow these protocols. For instance, a Support Aide was seen cleaning a room with a contact precaution sign without wearing personal protective equipment and failed to sanitize their hands between tasks, such as disposing of bed linen and assisting a resident. During lunch observations, it was noted that some Certified Nurse Aides did not sanitize their hands between distributing meals to residents, contrary to the facility's infection control policy. Interviews with staff, including Registered Nurses and Certified Nurse Aides, highlighted inconsistencies in understanding and implementing the required infection control measures. Some staff members acknowledged the need for personal protective equipment and hand hygiene but admitted to not always following these practices. The facility's policy on transmission-based precautions outlined specific requirements for gown and glove use during high-contact activities, especially for residents with multi-drug resistant organisms or those at increased risk. Despite this, staff interviews revealed a lack of consistent adherence to these precautions, with some staff members not wearing personal protective equipment when required and failing to wash hands between resident interactions. The Director of Nursing and other staff confirmed the existence of signs indicating different levels of precautions but noted that staff did not always comply with the protocols, contributing to the deficiency in infection control 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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