Finger Lakes Center For Living
Inspection history, citations, penalties and survey trends for this long-term care facility in Auburn, New York.
- Location
- 20 Park Avenue, Auburn, New York 13021
- CMS Provider Number
- 335785
- Inspections on file
- 16
- Latest survey
- February 20, 2026
- Citations (last 12 mo.)
- 5 (3 serious)
Citation history
Health deficiencies cited at Finger Lakes Center For Living during CMS and state inspections, most recent first.
Staff reported that a CNA roughly handled and sprayed perfume on a cognitively impaired, dependent resident during combative care, and made a callous remark about another resident dying on the commode in front of that resident. The on-duty RN supervisor did not treat this as suspected abuse, did not complete or document an RN assessment, and allowed the CNA to continue working for several hours. During the same shift, the same CNA was reported by another CNA and a roommate to have been rough and verbally demeaning with a second cognitively impaired, non-ambulatory resident, causing the resident to cry out, but the LPN who received the report did not escalate it or obtain an RN assessment. The CNA remained on the unit with access to residents until later suspension, and RN assessments for both residents were delayed and not completed at the time of the incidents.
Staff failed to timely report and act on witnessed verbal and physical abuse by a CNA toward two residents with severe cognitive impairment and significant physical limitations. In the first incident, a CNA roughly handled a resident, sprayed perfume on them during combative care, and made a verbally abusive remark; this was reported to an RN supervisor who did not assess the resident, did not initiate an incident report, and left the shift without fully following up, while the CNA continued caring for residents. Later the same day, the same CNA was reported by another CNA to have been rough and verbally inappropriate with a second resident who was repeatedly trying to get out of bed; this concern was reported only to an LPN, who did not escalate it to a supervisor. The DON and administrator were not notified of either incident until hours after the first allegation, contrary to the facility’s abuse reporting policy, and the CNA was not removed from resident care until later that evening.
A resident admitted for rehabilitation after a fracture did not receive a prescribed anticoagulant due to failures in medication reconciliation and verification by nursing and provider staff. The omission was not identified during multiple checks, and the resident was later hospitalized with a deep vein thrombosis.
A resident admitted for rehabilitation following fractures did not receive a prescribed anticoagulant due to a failure in medication reconciliation and order clarification. The omission was only discovered after the resident developed DVT and was hospitalized. The facility did not report the significant medication error to the State Agency within the required timeframe, as required by policy and regulation.
A resident with pneumonia and a physician's order for oxygen at bedtime did not receive the prescribed oxygen therapy when an LPN signed off on administration but failed to apply the nasal cannula and turn on the oxygen. The omission was discovered when the resident was found in respiratory distress with low oxygen saturation, leading to emergency interventions and transfer to the emergency department.
Multiple allegations of abuse and neglect were not thoroughly investigated after several residents and staff reported that two CNAs yelled and used profanities during care, causing distress to residents. There was no timely assessment by qualified professionals, required notifications were not made, and the accused staff continued to work after the incidents, contrary to facility policy.
The facility's main kitchen was found to have multiple deficiencies in food safety practices, including unclean areas, expired and undated food, and improper storage during a survey. The kitchen had grease buildup, food debris, and moldy food items, indicating a failure to adhere to the facility's policies on food storage and infection control. The Manager of Nutrition Services acknowledged responsibility but noted lapses in staff adherence to protocols.
The facility failed to consistently document refrigerator temperatures in the Interlaken medication room, as required by policy. Several dates in August 2024 were missing temperature records, and some entries were filled in without verification. Staff interviews confirmed the incomplete logs, and the administrator emphasized the importance of monitoring temperatures to ensure medication effectiveness.
Two residents did not receive meals that met their dietary needs due to missing or incorrect items on their trays. One resident, with severe cognitive impairment and dysphagia, did not receive fortified potatoes necessary for their nutritional intake. Another resident, with diabetes, received regular Pepsi instead of Diet Pepsi and had missing items on their tray. Staff interviews indicated frequent issues with meal tray accuracy and a lack of communication with the kitchen to address these problems.
The facility did not comply with regulations by allowing the Acting DON to also serve as a Unit Manager while the facility census was 75 residents. The Acting DON had been in both roles since December, working extended hours, and the Administrator was unaware of this dual assignment.
Failure to Immediately Protect Residents and Obtain RN Assessments After CNA Abuse
Penalty
Summary
The deficiency involves the facility’s failure to implement immediate protective measures and RN assessments after witnessed verbal and physical abuse by a CNA toward two residents. For the first resident, who had aphasia, hemiplegia, anxiety disorder, severely impaired cognition, limited range of motion, and required substantial to maximal assistance with ADLs, multiple CNAs reported that the resident became combative during care and that the assigned CNA handled the resident roughly and sprayed perfume on the resident while they were resisting care. One CNA reported seeing the perfume sprayed at the resident and hearing the abusive comment that another resident might “die on the commode,” made in front of this resident. Another CNA reported seeing the perfume sprayed over the resident’s body after care. The facility’s own investigation later characterized this as rough treatment and spraying cologne over the resident’s head and into their eyes while the resident tried to hit and push the CNA away. Despite this information, the on-duty RN supervisor did not conduct or document an RN assessment of the first resident at the time of the incident. The CNA who witnessed the event reported it to the RN supervisor between approximately 4:00 PM and 4:45 PM, and the RN supervisor acknowledged being told that perfume had been sprayed and that the resident slapped the CNA away. The RN supervisor stated they did not believe abuse had occurred, did not interview the other CNA who wanted to report the incident, and did not complete or document a nursing assessment, although they recalled transporting the resident to the dining room and observing them as “fine and smiling.” The RN supervisor left at the end of their shift at 7:00 PM without escalating the concern as suspected abuse. The DON was not notified until approximately 7:49 PM by an LPN, and the CNA alleged to have committed the abuse was not suspended and removed from resident care until about 8:00 PM, several hours after the initial report. The second resident involved had osteoarthritis, a knee replacement, Alzheimer’s disease, severely impaired cognition, used a wheelchair, had lower extremity impairment on one side, and was dependent for rolling and sit-to-stand and did not ambulate. During the same evening, the same CNA assigned to this resident was reported by another CNA and the resident’s roommate to have been verbally rude and curt, telling the resident they were not going to do the “up and down” with transfers all night, and to stay in bed. The assisting CNA described the CNA as rough when placing an arm under the resident’s arm and lifting the resident’s legs into bed, causing the resident to cry out in pain, and reported that the CNA leaned down toward the resident and repeated that they were tired of the “up and down game.” This was reported to an LPN, who spoke with the roommate and confirmed the account but did not consider it verbal abuse and did not report it to a supervisor. No RN assessment of the second resident was completed that evening, and the DON’s assessment was documented only on a later date without a time. The facility’s investigation later concluded that both physical and verbal abuse had occurred toward both residents, but at the time of the incidents, the CNA remained on duty with access to residents until being sent home around 8:00 PM, and no immediate RN assessments were documented for either resident.
Removal Plan
- All staff currently working in the facility (including staff who are employed by the hospital and work on the nursing home side) have been educated on Abuse, Identification of Abuse, and Reporting of Abuse.
- Provide education to any staff on leave prior to the start of their shift.
Failure to Timely Report and Act on Witnessed Verbal and Physical Abuse Incidents
Penalty
Summary
The deficiency involves the facility’s failure to timely report and respond to witnessed verbal and physical abuse incidents, allowing the alleged perpetrator to continue providing resident care. Facility policy required that when abuse was identified, the facility immediately protect residents from additional abuse, begin an investigation, and initiate reporting through the shift supervisor or charge nurse. On the date in question at approximately 4:00 PM, a CNA witnessed another CNA handle a resident roughly, spray perfume on the resident when they were combative with care, and make a verbally abusive statement. The witnessing CNA reported the incident to the RN supervisor, but the RN supervisor did not assess the resident and did not initiate the required abuse reporting and investigation process at that time. Resident #1 had diagnoses including aphasia, hemiplegia, and anxiety disorder, with severely impaired cognition and dependence on substantial to maximal assistance for most ADLs. Around 4:00 PM, two CNAs were providing care when the resident became combative. One CNA reported seeing, and another smelling and partially seeing, the alleged perpetrator CNA spray perfume on the resident’s clothes multiple times, and one CNA heard the verbally inappropriate comment about another resident possibly dying on the commode. The witnessing CNA reported the incident to the RN supervisor before supper and informed the supervisor that another CNA also needed to speak with them. The RN supervisor, who usually worked on the hospital side, acknowledged being aware of the report and that another CNA wanted to speak, but did not complete an incident report, did not fully interview all witnesses, and left the shift at 7:00 PM without following up. The DON was not notified until approximately 7:49 PM by an LPN who learned of the incident around 7:30 PM, and the alleged perpetrator CNA was not suspended until approximately 8:00 PM. During the period between the initial 4:00 PM report and the 8:00 PM suspension, the alleged perpetrator CNA continued to have access to residents and was involved in a second incident with another resident after supper. Resident #2 had osteoarthritis and Alzheimer’s disease, with severely impaired cognition, wheelchair use, lower extremity impairment, and dependence for mobility. After supper, a CNA reported that the same CNA was rough with Resident #2 while putting them to bed and told the resident they were not going to play the “up and down game” all night. This was reported by the CNA to an LPN, who did not escalate the concern to a nursing supervisor because they believed the behavior was only verbally inappropriate and similar to how many CNAs spoke, and they stated there was no supervisor available after the RN supervisor left at 7:00 PM. The DON later documented being notified of the incident involving Resident #2 at 7:49 PM, and the Administrator acknowledged that the incidents involving both residents were not reported to the DON until about 8:00 PM, contrary to the facility’s abuse reporting policy. The surveyors found no documentation that the 4:00 PM witnessed incident with Resident #1 or the after-supper incident with Resident #2 were reported immediately to a nursing supervisor or the Administrator as required. Interviews with the Administrator, DON, RN supervisor, CNAs, and LPNs confirmed delays in reporting, incomplete follow-up by the RN supervisor, and continued resident access by the alleged perpetrator CNA until suspension at approximately 8:00 PM. The facility’s failure to timely report and act on these abuse allegations, and to immediately protect residents from further potential abuse, was cited as Immediate Jeopardy and Substandard Quality of Care affecting all residents in the facility.
Removal Plan
- All staff currently working in the facility have been educated on abuse, identification of abuse, and reporting of abuse.
- Provide education to any staff on leave prior to the start of their shift.
Failure to Administer Anticoagulant on Admission Leads to Harm
Penalty
Summary
A deficiency occurred when a resident was admitted to the facility following a hospital stay for a left femoral fracture. The hospital discharge summary and medication reconciliation order report both indicated that the resident was to receive Eliquis, an anticoagulant, at a specified dose. However, upon admission, the medication was not ordered, and the resident did not receive any anticoagulant therapy during their stay at the facility. The admitting nurse accessed the hospital records and noted the medication reconciliation order form but did not review the discharge summary or clarify questions about the anticoagulant order. The nurse placed the medication reconciliation form on the nurse practitioner's desk without notifying them of any concerns. The nurse practitioner reviewed and signed off on the orders entered into the computer but did not compare the discharge summary and medication reconciliation order form against the orders entered. A third nurse, responsible for the final check, only reviewed the orders in the medical record and did not reference the original hospital documents. As a result, the omission of the anticoagulant was not detected by any of the staff involved in the admission process. The resident subsequently developed edema in the lower extremity and was sent to the hospital, where a deep vein thrombosis was diagnosed. Interviews with facility staff revealed that the established protocols for medication reconciliation and double-checking high-risk medications, such as anticoagulants, were not followed. The failure to clarify and verify the resident's medication orders led to the resident not receiving a critical medication, resulting in actual harm.
Removal Plan
- Educate nursing staff to not view or print the discharge summary or medication reconciliation order form until a resident is discharged from the hospital.
- Transcribe medication from the discharge summary or medication reconciliation order form by the admitting nurse for each new admission or re-admission.
- Review medication orders by the advanced practice provider.
- Review medication orders by a second nurse.
- Review medication orders by the Director of Nursing.
- Review medication orders by a licensed pharmacist.
- Provide staff education based on an education outline.
Failure to Timely Report and Address Medication Omission Leading to DVT
Penalty
Summary
A significant medication error occurred when a resident was admitted to the facility following a hospital stay for fractures and was prescribed an anticoagulant (Eliquis) as part of their discharge medications. Despite the hospital discharge summary and medication reconciliation order clearly listing the anticoagulant, there was no documented evidence that the medication was ordered or administered upon admission or during the resident's stay. The resident did not receive the prescribed anticoagulant from the time of admission until they were transferred back to the hospital. The omission was discovered after the resident developed edema in the lower extremity and was sent to the hospital, where they were diagnosed with deep vein thrombosis (DVT). Investigation revealed that a registered nurse had sought clarification regarding the anticoagulant order but did not ensure the medication was provided. The facility's documentation showed that the medication omission was not identified or addressed until after the resident's hospital readmission and diagnosis of DVT. Furthermore, the facility failed to report the significant medication error to the New York State Department of Health within the required timeframe. The Director of Nursing and the Administrator were notified of the incident several days after the resident's transfer, and there was uncertainty regarding which entity was responsible for reporting. The incident was ultimately reported to the State Agency, but not in a timely manner as required by state regulations and facility policy.
Failure to Provide Ordered Oxygen Therapy Results in Resident Respiratory Distress
Penalty
Summary
A deficiency occurred when a resident with a history of pneumonia and cerebral vascular accident, who had a physician's order for oxygen at bedtime due to hypoxia, did not receive the ordered respiratory care. The resident required oxygen at 2 liters/minute via nasal cannula at bedtime, as documented in the medical record and care plan. On the evening in question, the LPN responsible for administering medications and treatments signed off in the Medication Administration Record that the oxygen was applied, but later admitted to forgetting to place the nasal cannula on the resident and to turn on the oxygen. The resident was found later that night by staff in respiratory distress, with an oxygen saturation of 54% on room air and without the nasal cannula in place. The oxygen tubing was observed to be attached to the wall regulator, but the oxygen was not turned on. Immediate interventions were initiated by nursing staff, including increasing oxygen flow, administering a breathing treatment, and applying a non-rebreather mask, but the resident's oxygen saturation remained low. The resident was subsequently transferred to the emergency department for evaluation and treatment of respiratory distress. Interviews with staff confirmed that the LPN had signed for the administration of oxygen without actually providing it, and that the omission was not discovered until the resident was found in distress. The facility's policy required verification and administration of oxygen as ordered, as well as monitoring for signs of hypoxia, but these steps were not followed. The incident was documented in the facility's incident report and confirmed through staff interviews and medical record review.
Failure to Investigate and Respond to Allegations of Abuse and Neglect
Penalty
Summary
The facility failed to thoroughly investigate and respond to multiple allegations of abuse and neglect involving four residents. On the date in question, two certified nurse aides were alleged to have yelled at a resident during care, as reported by the resident's roommate, who also developed a headache from the incident and required pain medication. There was no documentation that the affected residents were assessed by a qualified professional following the allegations, and the incident was not promptly reported to the facility Administrator or the New York State Department of Health as required by policy. Further, another certified nurse aide reported that while providing care to a different resident, the same two aides entered the room, yelled, and used profanities, upsetting the resident. Again, there was no evidence that this resident or their roommate, who was present during the incident, were assessed by a qualified professional. Staff statements from the accused aides and other involved personnel were either missing or delayed, and there was no documentation that the accused aides were suspended from duty immediately after the allegations, as required by facility policy. The residents involved had varying degrees of cognitive impairment, with some being severely impaired and others cognitively intact. Despite clear reports from residents and staff about yelling, rough handling, and inappropriate language, the facility did not initiate timely assessments, failed to suspend the accused staff, and did not ensure that all required notifications and documentation were completed. These failures were in direct violation of the facility's abuse prevention and management policy and state regulations.
Deficiencies in Food Safety Practices in Facility Kitchen
Penalty
Summary
The facility failed to ensure that food was stored, prepared, distributed, and served in accordance with professional standards for food service safety in the main kitchen. During the recertification survey, multiple unclean areas were observed, including grease buildup on kitchen hoods and the back wall, food debris on the floor, and grime around the deep fryer. Additionally, the cooking area cooler contained undated wrapped sandwiches, and the walk-in meat cooler had undated cooked ground beef. The walk-in freezer had dripping condensation and ice buildup, and expired food items such as apple cider vinegar, hot dog rolls, and dinner rolls with mold were found on the food storage rack. The storage bin in the walk-in cooler contained spoiled lettuce, spinach, and a mushy cucumber. The facility's policies on food storage and infection control were not adhered to, as evidenced by the lack of proper dating and rotation of food items, and inadequate cleaning of work areas and storage units. The Manager of Nutrition Services acknowledged responsibility for maintaining a clean kitchen and stated that a janitor was scheduled to clean the kitchen nightly. However, the manager also indicated that staff were responsible for cleaning spills and discarding moldy food, and that the Assistant Manager should oversee inventory management. Despite these protocols, the survey revealed significant lapses in food safety practices, leading to the observed deficiencies.
Medication Storage Temperature Documentation Deficiency
Penalty
Summary
The facility failed to ensure that drugs and biologicals were labeled and stored according to accepted professional principles in one of its medication rooms, specifically the Interlaken medication room. During the recertification survey, it was observed that the refrigerator temperatures in this medication room were not consistently documented. The facility's policy required that medication refrigerator temperatures be recorded twice daily, once in the morning and once in the evening. However, there were several instances in August 2024 where temperatures were not documented for both day and evening shifts. Interviews with staff revealed that the temperature logs were incomplete, and some temperatures were filled in without verification. A Licensed Practical Nurse acknowledged the missing dates and noted that the log for August 2024 was missing from the binder. A Registered Nurse Unit Manager admitted to filling in temperatures for missing dates without knowing the actual temperatures, which could not be verified. The facility administrator confirmed that monitoring and documenting refrigerator temperatures were crucial to ensure medication effectiveness, and medications should not be administered if temperatures were not monitored. The deficiency was identified under 10NYCRR 483.45 (g)(h).
Deficiency in Meeting Residents' Dietary Needs
Penalty
Summary
The facility failed to provide a nourishing, palatable, well-balanced diet that met the daily nutritional needs of two residents, as observed during a recertification survey. Resident #29, who had severe cognitive impairment and was dependent on staff for eating, was on a ground solid diet with honey thickened liquids due to dysphagia. Despite a care plan that included fortified potatoes to address significant weight loss, these were missing from the resident's meal tray. The absence of fortified potatoes, which were crucial for the resident's caloric and nutritional intake, was not addressed by the staff, as they failed to notify the kitchen to rectify the omission. Resident #50, who was moderately cognitively impaired and had diabetes, reported that their food was not hot and lacked flavor. During an observation, their meal tray was missing low-calorie cranberry juice and yogurt, and it contained regular Pepsi instead of Diet Pepsi, which was against their dietary preferences and needs. The corn served was overcooked and difficult to chew. Staff interviews revealed that meal trays often had missing or incorrect items, and there was a lack of communication with the kitchen to correct these issues, leading to deficiencies in meeting the residents' dietary requirements.
Non-Compliance with Director of Nursing Role Requirements
Penalty
Summary
The facility failed to ensure that the Director of Nursing (DON) served solely in their designated role when the facility's average daily occupancy exceeded 60 residents. Specifically, the Acting Director of Nursing #2 was also functioning as the Unit Manager for the Stillwater Unit, despite the facility having a census of 75 residents at the time of the survey. This dual role was not in compliance with the regulatory requirement that the DON should not serve as a unit manager unless the facility has 60 or fewer residents. The Acting Director of Nursing #2 had been performing both roles since December 2023, working 10-11 hours daily to fulfill the responsibilities of both positions. The facility's Administrator was unaware of this dual role assignment and acknowledged it as an error. The Acting Director of Nursing #2 was set to transition to the Assistant Director of Nursing position, but the Director of Nursing position had not yet been posted. There were no nurse waivers in place to justify the dual role.
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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