Highland Rehabilitation And Nursing Center
Inspection history, citations, penalties and survey trends for this long-term care facility in Middletown, New York.
- Location
- 120 Highland Avenue, Middletown, New York 10940
- CMS Provider Number
- 335526
- Inspections on file
- 19
- Latest survey
- February 6, 2026
- Citations (last 12 mo.)
- 26
Citation history
Health deficiencies cited at Highland Rehabilitation And Nursing Center during CMS and state inspections, most recent first.
A resident with dementia, cerebral infarction, and heart failure experienced multiple significant changes in condition and pain management, including transitions from tramadol and oxycodone to morphine for end-of-life hospice care, increased morphine dosing, initiation of oxygen for low O2 levels, and treatment for fever. Facility policy required notifying the responsible party of significant changes in status and treatment, yet there was no documentation that the family representative was informed of the resident’s increased pain, initiation and escalation of morphine, or other treatment changes. The family only learned of the resident’s decline and morphine use when they called the facility, and interviews with the NP, LPN unit manager, and DON confirmed that such changes should have been communicated and documented but were not.
A resident with hemiplegia, major depressive disorder, and type 2 DM did not receive a timely admission Comprehensive MDS assessment within the required 14-day timeframe. The MDS coordinator allowed the ARD from a prior admission to remain active because the earlier assessment cycle and comprehensive care plan had not been fully closed by all disciplines, and the new stay was incorrectly treated as a readmission without verifying admission status. As a result, the current admission’s comprehensive MDS was not initiated and completed as required and remained overdue, while the administrator reported being unaware of any MDS tracking or ARD issues and had not been informed of the delay.
The facility failed to maintain an effective resident identification system, resulting in one cognitively impaired new admission having no identification band or other identifier and another cognitively intact resident wearing a wristband belonging to a different resident with a similar last name. Staff, including CNAs and the DON, reported that they rely primarily on identification wristbands to identify residents, especially when residents cannot state their names or when staff float to unfamiliar units, and acknowledged that bands may not be promptly applied or replaced and that no alternate identification process was in place when bands were missing or incorrect.
Surveyors found that the facility did not maintain a clean and safe environment, with observations of dirty floors, soiled equipment, and unclean radiators. Staff were unclear about cleaning responsibilities for items like floor mats and wheelchairs. Additionally, a resident's personal food was taken and eaten by a staff member, and subsequent checks revealed ongoing issues with improper food storage and labeling in the resident refrigerator, despite facility policies and staff reminders.
Surveyors found that three residents with severe cognitive impairment and dependence on staff did not receive necessary assistance with ADLs, including mobility and personal hygiene. One resident was not routinely transferred out of bed as required by their care plan, while two others were observed with long, dirty, or stained fingernails due to inconsistent nail care and unclear staff responsibilities.
A resident with severe cognitive impairment and multiple medical conditions was not allowed to receive visits from a friend, despite expressing a desire to do so. Facility staff and the Administrator restricted the friend's visitation based on concerns from a family member and financial safety, even though the family member had no legal authority. The resident was aware of and upset by the restriction, and staff confirmed the resident's wishes to see the friend were not honored.
A resident's belongings or money were wrongfully used due to the facility's failure to safeguard personal property and funds, resulting in a violation of resident rights.
Comprehensive care plans were not reviewed or revised for two residents after significant incidents, including a fall and repeated episodes of aggression. One resident with hemiplegia and pain was not provided updated interventions after a bathroom fall, and another resident with cognitive impairment had no care plan changes following multiple aggressive outbursts. Staff interviews and documentation confirmed the care plans were not updated as required.
A deficiency was cited for not ensuring an area was free from accident hazards and for failing to provide adequate supervision to prevent accidents. The environment did not meet safety standards, and staff did not provide the necessary supervision.
Failure to Notify Family of Significant End-of-Life Condition and Medication Changes
Penalty
Summary
The deficiency involves the facility’s failure to notify a resident’s family representative of significant changes in the resident’s condition, treatment, and medication regimen, as required by facility policy and 10NYCRR 415.3. The facility’s written policy on Change in Resident Status Notification required that the attending physician and responsible party be notified when there is a significant change in the resident’s physical, mental, or psychosocial status, or when there is any situation requiring a change in the plan of care, medications, or treatment regimen. Surveyors reviewed the medical record of a resident with dementia, cerebral infarction, and heart failure, whose MDS documented severely impaired cognition, and found no documented evidence that the family representative was notified of multiple significant changes in condition and pain management. From the dates reviewed, the resident’s pain management regimen changed several times. Initially, the resident was prescribed tramadol 50 mg by mouth every morning and at bedtime for pain, and oxycodone 5 mg by mouth every six hours as needed for pain. Subsequently, the resident was prescribed morphine sulfate 5 mg every six hours as needed for pain, shortness of breath, and restlessness related to end-of-life hospice care, and later morphine sulfate 10 mg buccally every three hours as needed for the same indications. Additional orders included initiation of 2 liters of oxygen via nasal cannula for low oxygen levels and an acetaminophen 650 mg suppository for fever. A nursing progress note documented a call from a hospice nurse reporting increased pain and discussing the resident’s pain regimen, with a plan to follow up with the nurse practitioner, but there was no documentation that the family representative was notified of the increased pain or the potential changes in pain management at that time. The record further showed that the resident’s family representative only received information about the increased morphine dosage after they themselves contacted the facility for an update, at which time they were informed of the dosage increase to address increased pain. The resident later expired, with the time of death documented in the nursing notes. In interviews, the complainant stated they were not notified when morphine was started and were unaware of its use until they called the facility, at which point they were told the resident had been declining for about a week and that medication changes had been made. The nurse practitioner stated that changes such as increasing morphine from 5 mg to 10 mg represent a significant change requiring family notification. The LPN Unit Manager and the Director of Nursing both acknowledged that staff are expected to notify family representatives of significant changes and to document such notifications, and upon review of the progress notes, they were unable to find documentation that the family representative had been notified of the medication and condition changes.
Failure to Complete Admission MDS Assessment Within Required Timeframe
Penalty
Summary
The deficiency involves the facility’s failure to ensure accurate and timely completion of a federally required admission Comprehensive Minimum Data Set (MDS) assessment for one resident. The resident was admitted with diagnoses including hemiplegia and hemiparesis following cerebral infarction, major depressive disorder, and type 2 diabetes mellitus. Facility policy required a systematic MDS scheduling process, including establishment of an Assessment Reference Date (ARD) within the allowable window and maintenance of an MDS scheduling calendar and tracking log. Record review showed that a comprehensive MDS assessment was required within 14 days of admission, but the assessment associated with an ARD of 12/23/2025 was not completed by that timeframe and was already 10 days overdue at the time of the initial record review on 01/02/2026. Interviews and further record review revealed that the MDS coordinator had the resident’s ARD tracking under a prior admission that ended in discharge in August 2025, and the comprehensive care plan from that prior admission had not been completed and closed by all disciplines. This prevented closure of the previous admission assessment cycle and left the prior ARD active, which interfered with the MDS process for the current admission. The MDS coordinator stated that the resident’s new admission had been treated as a readmission and the admission status was not verified, contributing to the failure to complete the new comprehensive assessment within the required 14-day timeframe. The administrator reported being unaware of any MDS or ARD tracking issues and had not been notified of delays. On revisit, the comprehensive assessment for the current admission remained incomplete, with required sections from other disciplines still outstanding and the ARD 35 days overdue.
Failure to Maintain Accurate Resident Identification Wristbands
Penalty
Summary
The deficiency involves the facility’s failure to maintain an effective resident identification system, resulting in residents either wearing incorrect identification wristbands or having no identification at all. During an abbreviated survey, observations on the dementia unit showed multiple residents, including Residents #2 and #5, without identification wristbands despite a facility policy requiring a resident identification system to support the provision of medical and nursing care. Staff interviews confirmed that identification wristbands are the primary method used by CNAs and other personnel, especially when residents cannot state their names or when staff float to unfamiliar units. Resident #5, a newly admitted resident with diagnoses including dementia, myocardial infarction, and peripheral vascular disease, had a recent Comprehensive MDS documenting severely impaired cognition. On observation, this resident had no identification wristband, name tag, or any other identifier in place. When the surveyor asked CNA #1, who was assigned to this resident, to identify them, CNA #1 was unable to do so and stated that residents are supposed to wear identification wristbands and that they could not identify the resident because the resident was new and had no band. The RN Unit Manager acknowledged that identification wristbands are expected to be applied upon admission and that they did not complete this admission and could not explain why the band was not applied. Resident #2, admitted with anxiety disorder, intracardiac thrombosis, and major depressive disorder, had an MDS indicating intact cognition. This resident reported an incident in which they were issued and wore another resident’s identification wristband belonging to a resident with a similar last name. The resident stated that when the podiatrist came to provide routine podiatry services, the podiatrist addressed them by the incorrect name shown on the wristband. The RN Unit Manager and the DON both confirmed that Resident #2 had been found wearing an incorrect identification wristband, but they could not identify which staff member applied it or how long it had been in place. Leadership interviews further revealed that identification wristbands may fall off or break and are not always promptly replaced, and no alternate process was described to ensure resident identification when wristbands are missing or incorrect.
Failure to Maintain Clean Environment and Protect Resident Property
Penalty
Summary
The facility failed to provide a safe, clean, and comfortable environment for residents, as evidenced by multiple observations of uncleanliness and lack of maintenance on Unit 2. Surveyors observed peeling wallpaper, dirty and debris-covered floors, a floor mat with a strong urine odor, a soiled wheelchair, and radiators with air vent grates and metal fins heavily soiled with dirt, dust, dried food, and liquids. Glass balcony doors and windows in the dining room were also found to be dirty and covered with fingerprints and grease. Staff interviews revealed a lack of clarity regarding cleaning responsibilities for floor mats and wheelchairs, with some staff unaware of cleaning schedules or which department was responsible for certain tasks. There was no documentation of regular cleaning for wheelchairs, and spot cleaning was only performed when visible soiling was noticed. Additionally, the facility did not ensure reasonable care for the protection of resident property from loss or theft. One resident, who was cognitively intact and had diabetes and anxiety, reported that their personal food stored in the dining room refrigerator was taken and partially eaten by a staff member. The incident was confirmed through surveillance footage, and the facility acknowledged the misappropriation of the resident's property. Despite reminders and inservice training for staff that only resident food should be stored in the dining room refrigerator, subsequent observations found unlabeled, undated, and spoiled food items, as well as staff food, in the refrigerator. Staff interviews confirmed ongoing issues with labeling and storage of food items, and that dietary staff were responsible for checking and maintaining the refrigerator. Facility policies reviewed by surveyors outlined daily and monthly cleaning procedures for floors and common areas, but did not specify cleaning processes for radiators or floor mats. Policies also required that resident food be labeled and stored separately from staff food, and that perishable items be discarded after 72 hours. However, observations and staff interviews indicated that these policies were not consistently followed, resulting in an environment that did not meet standards for cleanliness, safety, or protection of resident property.
Failure to Provide Assistance with Activities of Daily Living and Personal Hygiene
Penalty
Summary
Surveyors identified that the facility failed to provide necessary care and assistance with activities of daily living (ADLs) for residents who were unable to perform these tasks independently. Specifically, three residents were observed to have unmet needs in the areas of personal hygiene, grooming, and mobility. One resident with severe cognitive impairment and a history of deep vein thrombosis was observed lying in bed on multiple occasions, with no evidence of being assisted out of bed to their wheelchair, despite care plans and medical recommendations indicating the need for regular out-of-bed time and participation in meals and activities outside the resident's room. Interviews with staff revealed that changes to the get-up schedule and staff assignments resulted in this resident no longer being routinely transferred out of bed, contrary to their care plan and physician recommendations. Another resident, also severely cognitively impaired and dependent on staff for personal hygiene and grooming, was observed with long, jagged, yellow and brown stained fingernails. The care plan for this resident required regular nail care due to fragile skin and risk of self-injury. However, the assigned Certified Nurse Aide stated that nail care was only performed on Fridays as part of their personal routine, and if the aide was not assigned to the resident on that day, the nail care was missed. The aide was unaware of the facility's policy regarding nail care frequency, and the resident's nails were not addressed even when observed by nursing staff during medication administration. A third resident, with severe cognitive impairment and dependent on staff for ADLs, was repeatedly observed with dirty, brown-stained fingernails, including while eating meals. Staff interviews revealed that nail cleaning was inconsistently performed, often only during scheduled showers or when activities staff were available. Some staff acknowledged seeing the dirty nails but did not attempt to clean them, and there was a lack of clarity among staff regarding responsibility for ensuring nail hygiene. Nursing staff stated that nail checks were supposed to be part of skin assessments on shower days, but this was not consistently done, resulting in prolonged periods where the resident's nails remained unclean.
Failure to Honor Resident's Right to Visitation
Penalty
Summary
The facility failed to ensure a resident's right to receive visitors of their choosing at the time of their choosing, as required by facility policy and regulation. The deficiency involved a resident with diagnoses including adult failure to thrive, hypertension, and interstitial lung disease, who was noted to have severely impaired cognition. Despite the resident expressing a desire to see their friend, the facility restricted the friend's visitation based on concerns raised by a family member and the Administrator regarding the resident's finances. The family member did not hold legal authority such as health care proxy, guardianship, or power of attorney. The facility communicated visitation limitations to the friend, who did not express concerns at that time. Staff interviews and documentation revealed that the resident consistently expressed a wish to see their friend and was upset about the visitation restrictions. The Administrator acknowledged restricting the friend's visits, citing concerns about the resident's cognitive status and potential financial exploitation, and offered supervised visits, which were declined by the friend. Despite a temporary guardian being appointed by court order to safeguard the resident's assets and determine care providers, the facility continued to restrict visitation, resulting in the resident being unable to see their friend as desired.
Failure to Protect Resident Property and Funds
Penalty
Summary
A deficiency was identified regarding the protection of residents from the wrongful use of their belongings or money. The report documents that the facility failed to ensure that residents' personal property and funds were safeguarded against misuse or unauthorized access. Specific actions or omissions by facility staff led to the wrongful use of a resident's belongings or money, violating the resident's rights and facility policy. No additional details about the residents' medical history or condition at the time of the deficiency are provided in the report.
Failure to Update Care Plans After Falls and Aggressive Behaviors
Penalty
Summary
The facility failed to ensure that comprehensive care plans were reviewed and/or revised for two residents following significant incidents. For one resident with end stage renal disease, hemiplegia, and pain, there was no documented evidence that the care plan was updated after a fall in the bathroom. The resident, who required assistance with mobility and transfers, was found on the floor after attempting to transfer to the toilet, resulting in complaints of pain and an X-ray being ordered. Despite the incident, the care plan was not revised to reflect the fall or to include new interventions, and staff interviews confirmed that the care plan update was not completed as required. Another resident with a history of cerebral infarction and moderate cognitive impairment exhibited multiple episodes of physical and verbal aggression, including throwing objects and attempting to hit staff. Progress notes documented these behaviors on several occasions, but there was no evidence that the care plan was reviewed or revised to address the ongoing aggressive behaviors. The lack of care plan updates following these incidents was confirmed through record review and staff interviews.
Failure to Maintain Accident-Free Environment and Adequate Supervision
Penalty
Summary
A deficiency was identified due to the failure to ensure that a nursing home area was free from accident hazards and that adequate supervision was provided to prevent accidents. The report notes that the environment did not meet safety standards, which could lead to accidents, and that staff did not provide the necessary level of supervision to mitigate these risks. No additional details about specific residents, their medical history, or the exact nature of the hazards or supervision lapses are provided in the report.
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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