Harlem Center For Nursing And Rehabilitation, L L
Inspection history, citations, penalties and survey trends for this long-term care facility in New York, New York.
- Location
- 30 West 138th Street, New York, New York 10037
- CMS Provider Number
- 335522
- Inspections on file
- 18
- Latest survey
- December 17, 2025
- Citations (last 12 mo.)
- 3
Citation history
Health deficiencies cited at Harlem Center For Nursing And Rehabilitation, L L during CMS and state inspections, most recent first.
A resident with multiple medical conditions did not receive stat laboratory tests as ordered to evaluate acute symptoms. Although other diagnostic tests were completed, there was no documentation that the blood work was performed or any explanation for its omission, despite facility policy requiring such documentation.
A resident with schizophrenia and dementia, not previously identified as an elopement risk, exited the facility unsupervised by passing a new, untrained security guard at the front desk. Staff did not notice the resident's absence for several hours, as it was routine for the resident to visit the lobby vending machine alone. The facility's policies for preventing unauthorized departures were not effectively implemented, leading to a delayed response in recognizing and reporting the elopement.
The facility did not ensure the Medical Director's participation in the QAPI and QAA committee meetings as required. The Medical Director did not sign attendance sheets for any of the quarterly meetings in 2024, and interviews revealed that the Medical Director was briefed post-meeting rather than attending in person. This failure to include the Medical Director in the meetings constitutes a deficiency.
The facility failed to maintain proper infection control practices, as evidenced by three LPNs not following Enhanced Barrier Precautions during medication administration and wound care. One LPN did not wear a gown while administering IV medications to a resident with a central catheter, and another did not wear a gown for a resident with a Gastrostomy tube. Additionally, an LPN failed to establish a clean field and perform hand hygiene during wound care for a resident with multiple wounds.
A resident with osteomyelitis and diabetes received intravenous antibiotics through a PICC by an LPN, contrary to facility policy. The LPN, new to the facility, was not adequately trained on intravenous administration, leading to improper medication administration. Facility staff interviews revealed communication and monitoring gaps in ensuring only qualified staff administer medications through central lines.
A resident with severe cognitive impairment and multiple ulcers did not receive necessary pressure-relieving devices or preventative measures, as required by the facility's policy. Despite being at moderate risk for pressure ulcers, the resident was observed without heel booties, offloading, or a pressure-reducing mattress. Staff interviews confirmed the lack of adherence to protocols, contributing to the deficiency in care.
The facility did not ensure proper disposal of garbage and refuse, as observed during a survey. Despite a policy requiring waste to be kept in covered, leak-proof containers, garbage bins were found without lids, leaving waste exposed. Staff interviews confirmed the absence of lids, and the administrator contacted the vendor to address the issue.
A resident with Multiple Sclerosis and Hemiplegia was not provided with ordered Range of Motion exercises, despite documentation indicating otherwise. Interviews with CNAs and the resident revealed that the exercises had not been performed for months. Facility staff were unaware of the lapse, highlighting a failure in maintaining accurate records and following care plans.
A resident with limited mobility and a physician's order for daily range of motion (ROM) exercises did not receive the required care, despite documentation indicating otherwise. Staff interviews revealed that ROM exercises had not been performed for several months, and CNAs were unaware of the current care plan. The deficiency was further compounded by inaccurate documentation in the medical record.
The facility did not post daily nurse staffing information, including total staff and hours, as required. Observations during a survey revealed the absence of this information in the lobby and nursing unit. Interviews with the Staffing Coordinator, DON, and Administrator confirmed the oversight, as the information was attached to the schedule at the end of the day but not posted. This non-compliance with facility policy and state regulation led to the deficiency.
Failure to Complete and Document Stat Laboratory Orders
Penalty
Summary
A deficiency occurred when a resident with diagnoses including diabetes mellitus, hypertension, and urinary tract infection, who had moderately impaired cognition, did not receive laboratory tests as ordered by a nurse practitioner via telehealth. The orders for a comprehensive metabolic panel and complete blood count were placed stat to evaluate symptoms of headache, abdominal pain, and chest pain. Although the chest x-ray and urine sample were completed, there was no documented evidence that the blood work was performed, nor was there any explanation in the medical record for why the tests were not completed. Interviews with facility staff, including registered nurses, the physician, the DON, and the administrator, revealed uncertainty about why the laboratory orders were not carried out. Some staff suggested the resident may have refused the blood draw, but there was no documentation to support this. The facility's policy and staff statements indicated that any refusal or inability to complete laboratory orders should be documented in the medical record, but this was not done in this case.
Resident Elopement Due to Inadequate Supervision and Security Oversight
Penalty
Summary
A deficiency occurred when a resident with diagnoses of paranoid schizophrenia and dementia, who had moderately impaired cognition, was able to exit the facility without staff awareness or intervention. The resident was not identified as being at risk for elopement according to prior assessments, and therefore did not have an elopement care plan in place. On the day of the incident, the resident left their unit, took the elevator to the lobby, and walked past a security guard at the front desk who was sitting with their head down. The security guard did not stop the resident from leaving, and the resident exited through the automatic front doors. Staff interviews revealed that it was routine for the resident to go to the lobby vending machine unsupervised, and staff did not consider the resident to have exit-seeking behavior. The absence of the resident was not noticed until several hours later, after a Certified Nursing Assistant returned from a break and found the resident's dinner tray untouched. Subsequent searches by staff were unsuccessful in locating the resident, and the absence was reported up the chain of command, eventually leading to a facility-wide search and notification of law enforcement. The facility's policies required staff to attempt to prevent residents from leaving the premises and to notify nursing leadership if a resident was observed leaving. However, the security guard at the front desk was new, in training, and left unsupervised at the time of the incident. The guard did not recognize the resident or their status and was unaware of the elopement until informed days later. The facility did not become aware of the resident's departure until hours after the event, resulting in a significant delay in initiating search and notification procedures.
Medical Director's Absence in QAPI Meetings
Penalty
Summary
The facility failed to ensure that the Quality Assurance & Performance Improvement (QAPI) and Quality Assessment & Assurance (QAA) committee included the Medical Director or their designee in its quarterly meetings, as required by their policy. The facility's policy, last revised in August 2022, mandates that the QAA committee must include the director of nursing services, the medical director or designee, and at least one other member of the facility staff, with meetings held quarterly. However, a review of the Quarterly Meeting Attendance Sheets revealed that the Medical Director did not sign the attendance sheets for any of the four quarterly meetings in 2024. Interviews conducted during the survey revealed discrepancies in the Medical Director's participation. The Director of Nursing stated that the Medical Director only attends quarterly meetings, while the Medical Director claimed to attend some meetings and be informed by the Administrator about the meetings. The Administrator confirmed that the Medical Director does not physically attend the quality assurance meetings but is briefed afterward. This lack of documented participation by the Medical Director in the QAPI and QAA meetings constitutes a deficiency in meeting the facility's policy requirements.
Infection Control Deficiencies in Medication Administration and Wound Care
Penalty
Summary
The facility failed to maintain proper infection control practices and procedures, as evidenced by the actions of three Licensed Practical Nurses (LPNs) during medication administration and wound care. LPN #2 did not follow Enhanced Barrier Precautions by failing to don a gown while administering intravenous medications to a resident with a Peripherally Inserted Central Catheter. This LPN was unaware of the need for such precautions due to a lack of education on Enhanced Barrier Precautions. Similarly, LPN #3 did not wear a gown while administering medications through a Gastrostomy tube to another resident, despite signage indicating the need for Enhanced Barrier Precautions. Additionally, LPN #1 did not establish a clean field for wound care supplies and failed to perform hand hygiene after removing soiled dressings during a dressing change for a resident with multiple wounds, including pressure ulcers and an arterial ulcer. This resident had a history of osteomyelitis and diabetes mellitus, which required careful infection control measures. The LPN admitted to omitting critical infection control steps due to nervousness during the procedure. The facility's policies on Enhanced Barrier Precautions and wound care were not adhered to, as evidenced by the observations and interviews conducted during the survey. Despite the facility's claim that all nurses had been oriented on these procedures, the deficiencies observed indicate a gap in knowledge and practice among the nursing staff. The Assistant Director of Nursing and the Director of Nursing acknowledged the issues and stated that measures were in place to ensure compliance, but the deficiencies suggest these measures were not effectively implemented.
Improper IV Medication Administration by LPN
Penalty
Summary
The facility failed to ensure that care and services were provided according to accepted standards of clinical quality and practice, specifically in the administration of intravenous medications. This deficiency was identified during a recertification survey, where it was observed that an LPN administered intravenous antibiotics through a Peripherally Inserted Central Catheter (PICC) for a resident, despite facility policy prohibiting LPNs from performing such tasks. The resident in question was admitted with osteomyelitis and diabetes mellitus, requiring intravenous medication administration. The facility's policy clearly states that LPNs are not permitted to flush or administer medications through a central venous line, including a PICC. However, during the survey, an LPN was observed administering a saline flush and an antibiotic solution through the resident's PICC. The LPN, who had been employed for only a month, admitted to not being sure if the line was a central catheter and had not received in-service training on intravenous administration. This lack of training and oversight led to the improper administration of medication. Interviews with facility staff, including the unit supervisor, Assistant Director of Nursing, and Director of Nursing, revealed gaps in communication and monitoring of medication administration. The facility's procedures for ensuring that only qualified staff administer medications through central lines were not effectively implemented. The Assistant Director of Nursing acknowledged that they did not audit the Medication Administration Records for signatures of nurses performing intravenous medication administration, which contributed to the oversight in this case.
Failure to Provide Pressure Ulcer Prevention and Care
Penalty
Summary
The facility failed to provide necessary treatment and services to promote wound healing for a resident with pressure ulcers, as observed during a recertification survey. Resident #389, who was admitted with osteomyelitis of the left ankle and foot and diabetes mellitus, had severely impaired cognition and was dependent on staff for all bed mobility and transfers. Despite being identified as at moderate risk for developing pressure ulcers, the resident did not receive appropriate pressure-relieving devices or preventative measures, such as heel booties, offloading of heels, or a pressure-reducing mattress. Observations conducted on multiple occasions revealed that Resident #389 was either in bed or sitting without the necessary pressure-relieving devices. The facility's policy on pressure ulcer prevention, which includes the use of special mattresses and heel offloading, was not followed. Additionally, the Certified Nursing Assistant Accountability Record for February 2025 did not document any intervention or task for turning and repositioning the resident, which was a critical component of the care plan. Interviews with facility staff, including a registered nurse and the Director of Nursing, confirmed that the necessary preventative measures and equipment were not in place for Resident #389. The registered nurse acknowledged that the protocol for residents at risk of pressure ulcers was not followed, and the Director of Nursing admitted that the unit manager and admission nurse failed to ensure the implementation of these measures. The lack of documentation and adherence to the facility's protocol contributed to the deficiency in care for Resident #389.
Improper Disposal of Garbage and Refuse
Penalty
Summary
The facility failed to ensure proper disposal of garbage and refuse, as observed during a recertification survey. The facility's policy, revised in January 2025, mandates that all waste be kept in lined containers with lids, leak-proof, and non-absorbent before disposal. However, observations on February 10th and 11th, 2025, revealed that garbage bins in the disposal room and pickup area were without lids, leaving waste exposed. Interviews with the Director of Food Service and the Housekeeping Director confirmed that the bins were not equipped with lids, and the waste company had never provided bins with lids. The facility administrator acknowledged the issue and contacted the vendor to address it.
Inaccurate Documentation of Resident Care
Penalty
Summary
The facility failed to ensure accurate documentation of resident care in accordance with professional standards, as evidenced by the case of a resident with Multiple Sclerosis, Hemiplegia, and Osteoarthritis. This resident was supposed to receive Range of Motion (ROM) exercises as per a physician's order and a comprehensive care plan. However, despite documentation indicating that these exercises were being performed, interviews with staff and the resident revealed that the exercises had not been provided for several months. The resident, who is cognitively intact and requires assistance with activities of daily living, reported that the ROM exercises initially provided by nursing staff had ceased. Certified Nursing Assistants (CNAs) assigned to the resident confirmed that they were not performing the exercises and were unaware of any current program requiring them to do so. Despite this, the CNA documentation inaccurately reflected that the exercises were being completed, suggesting a discrepancy between recorded and actual care. Interviews with facility staff, including a Physical Therapist and a Registered Nurse, highlighted a lack of awareness and communication regarding the resident's care plan. The Director of Nursing acknowledged the need for staff training on performing and documenting ROM exercises accurately. This deficiency indicates a failure in maintaining accurate medical records and ensuring that care plans are followed, as required by professional standards.
Failure to Provide Ordered Range of Motion Exercises and Inaccurate Documentation
Penalty
Summary
A deficiency was identified when a resident with diagnoses including Multiple Sclerosis, Hemiplegia, and Osteoarthritis, and who was cognitively intact, did not receive ordered range of motion (ROM) exercises as required. The resident had a physician's order and a care plan in place for daily active and passive ROM exercises to both upper and lower extremities, with specific instructions for frequency and duration. Documentation in the certified nursing assistant (CNA) record indicated that these exercises were being provided and tolerated. However, interviews with the resident and multiple staff members revealed that the ROM exercises had not been performed for several months. The resident confirmed that after physical therapy was discontinued, nursing staff initially performed the exercises but then stopped completely. CNAs assigned to the resident stated they were not performing ROM exercises and were unaware of any current program or instructions to do so. They also could not explain why documentation reflected that the exercises were completed, suggesting inaccuracies in the medical record. Further interviews with the physical therapist and nursing staff confirmed that the resident was supposed to be on a maintenance restorative nursing program for ROM, and that the responsibility for providing these exercises fell to the CNAs during ADL care. The DON acknowledged that unit supervisors were responsible for reviewing care plans and ensuring care was provided, but staff required additional training on performing and documenting ROM exercises accurately. The failure to provide the ordered ROM exercises and the inaccurate documentation led to the deficiency.
Failure to Post Daily Nurse Staffing Information
Penalty
Summary
The facility failed to ensure that daily nurse staffing information was posted as required during the Recertification Survey conducted from February 5, 2025, to February 12, 2025. Observations revealed that the daily nurse staffing information, including the total number of staff and total number of hours, was not posted in the lobby or nursing unit. The facility's policy, revised on January 2, 2025, mandates that this information be readily available in a readable format to residents and visitors in prominent places. However, the daily schedule posted in the lobby only included staff names and unit assignments, not the total staffing numbers and hours. Interviews with facility staff, including the Staffing Coordinator, Director of Nursing, and Administrator, confirmed the oversight. The Staffing Coordinator acknowledged that the daily staffing information was attached to the schedule at the end of the day but not posted as required. The Director of Nursing admitted to being unaware of the missing information and did not verify its posting. Similarly, the Administrator, who usually checks the postings, had not done so since the survey began and was unaware of the deficiency. This lack of compliance with the facility's policy and state regulation 10 NYCRR 415.13 resulted in the deficiency.
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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