Highpointe On Michigan Health Care Facility
Inspection history, citations, penalties and survey trends for this long-term care facility in Buffalo, New York.
- Location
- 1031 Michigan Ave, Buffalo, New York 14203
- CMS Provider Number
- 335834
- Inspections on file
- 24
- Latest survey
- March 5, 2026
- Citations (last 12 mo.)
- 2
Citation history
Health deficiencies cited at Highpointe On Michigan Health Care Facility during CMS and state inspections, most recent first.
Multiple residents with significant physical and cognitive impairments, including dependence on staff for toileting and incontinence care, were not provided with required incontinence rounds and safety checks as outlined in their care plans and facility policy. On several night shifts, assigned CNAs failed to enter resident rooms at the required 2–3 hour intervals, and family and staff later found residents soaked in urine or covered in feces, with saturated briefs, pads, and linens. Video footage and staff interviews confirmed that one CNA did not enter a resident’s room for an entire shift and another CNA did not provide care to most residents on a unit, despite policies requiring regular rounding, toileting, and incontinence care to keep residents clean, dry, and safe.
Two residents with severe cognitive impairment and known risks were not adequately supervised or protected from elopement and accidents. One resident with hemiplegia, visual impairment, and a documented elopement risk left their room at night, wandered the hall, forced open a stairwell door, and was later found at the bottom of the stairs with injuries, while assigned staff were behind closed double doors and did not hear any local door alarm. The stairwell doors lacked badge swipes, magnetic locks, or wander guard integration, and staff reported inconsistent alarm function. Another resident with congenital alveolar hypoventilation, epilepsy, and a tracheostomy, who was gaining mobility and skills, removed their sensor and attempted to run off the unit, but this new exit‑seeking behavior was not communicated effectively, no new elopement risk assessment was completed, and no wander guard or additional interventions were added. Weeks later, the same resident again removed their sensor, exited through double doors used for school access, and was found outside on the sidewalk by non‑nursing staff, demonstrating failures in reassessment, care planning, and supervision.
A resident with COPD and chronic respiratory failure was admitted without timely provision of a required BiPAP machine, despite clear documentation and communication of the need prior to admission. The BiPAP was not available for five days, with staff failing to ensure the equipment was ordered and available, resulting in the resident not receiving prescribed respiratory support and ultimately requiring hospital transfer.
A resident with cognitive abilities engaged in inappropriate behavior with other cognitively impaired residents, leading to repeated instances of potential abuse. Despite reports and observations, the facility failed to implement adequate safeguards such as 1:1 supervision or frequent checks, resulting in ongoing risk to residents.
A LTC facility failed to provide adequate supervision for two residents, leading to a fall with injury and an elopement. One resident, requiring 1:1 supervision due to fall risk, was left unattended and sustained a hip fracture. Another resident, at risk for elopement, exited the facility unsupervised due to a failure in the wander guard system. Staff interviews revealed gaps in safety protocols and training.
The facility failed to conduct thorough investigations of alleged abuse incidents involving four residents. Investigations lacked interviews with potential witnesses and victims, such as in cases where a resident exposed themselves in a common area and another was found in a room under suspicious circumstances. Despite policy requirements for immediate and comprehensive investigations, these were not followed, as acknowledged by staff.
The facility failed to effectively manage resources and implement policies, leading to multiple incidents involving a resident with cognitive abilities and others with severe impairments. Despite available beds, the resident was moved to a dementia unit without proper supervision, resulting in potential abuse incidents. The administration did not conduct thorough investigations or provide necessary staff education, compromising resident safety.
The facility's QAPI program failed to address repeated sexually inappropriate behaviors by a resident, as incidents were not reviewed in a timely manner due to canceled meetings. Additionally, the facility did not comply with hospital transfer/discharge notification and bed hold policy requirements, as evidenced by missing documentation for two residents. These deficiencies indicate lapses in the facility's quality assurance processes.
A resident's Health Care Proxy was not informed of the removal of the resident's tracheostomy tube, despite the resident being unable to make medical decisions. The facility lacked a policy for notification of change, leading to a failure in communication between staff and the Health Care Proxy.
A resident with multiple health conditions was found with greasy, disheveled hair due to inadequate grooming and personal hygiene care. Despite requiring substantial assistance, there was no documentation of hair washing or care refusals, and the last recorded shower was weeks prior. Staff interviews revealed challenges in managing the resident's hair and a lack of proper grooming tools, with no facility policy for personal care. The deficiency was acknowledged by the DON and other staff.
A facility failed to assess a resident for entrapment risk from bed assist bars, did not review risks and benefits with the resident or obtain informed consent before installation. Observations showed the bed assist bar was unsecured, posing a safety risk. Staff interviews revealed a lack of routine audits and awareness regarding the need for assessments and informed consent for bed assist bars.
A significant medication error occurred when a nurse administered medications intended for another resident to a 10-month-old resident with chronic respiratory failure and developmental delays. The error involved medications not prescribed to the resident, posing a risk of central nervous system depression. The facility's staff recognized the incident as a significant error, and the resident was transferred to the emergency department for observation.
The facility failed to provide timely written notification of transfer or discharge to residents or their representatives, as well as to the Ombudsman, for three residents. A resident was transferred to the hospital without receiving a Notice of Transfer or Discharge. Another resident experienced multiple hospitalizations without notification to their representative. A third resident was transferred to the hospital without notification to their representative or the Ombudsman. Interviews revealed a lack of clarity and responsibility among staff regarding the completion and distribution of the Notice of Transfer or Discharge forms.
The facility failed to notify residents or their representatives in writing about the bed hold policy during hospital transfers. Three residents were affected, including one who was cognitively intact and another who was severely cognitively impaired. The facility's Resident Handbook outlines the bed reservation policy, but the required notification process was not completed. Interviews with staff revealed a lack of clarity regarding responsibility for this process, and the President of Long-Term Care acknowledged the oversight.
A resident with a history of heart issues experienced respiratory distress, but the LPN on duty delayed responding due to dining room duties. The incident was not reported immediately as required, with a delay in reporting by both the CNA and the Unit Manager, leading to a deficiency.
Failure to Provide Required Incontinence Rounds and Safety Checks Resulting in Resident Neglect
Penalty
Summary
The deficiency involves the facility’s failure to protect multiple residents from neglect by not providing incontinence care and safety checks as required by their care plans and facility policy. Facility policies defined neglect as the failure to provide necessary goods and services to avoid physical harm, pain, mental anguish, or emotional distress, and required CNAs to provide incontinence care or toileting every 2–4 hours and to round on residents at least every 1–2 hours, including checking that residents were dry and toileted appropriately. Despite these requirements, video footage, staff interviews, and family reports showed that assigned staff did not perform required rounds or incontinence checks for numerous residents during night shifts. One resident with quadriplegia, diabetes mellitus, neuropathic bladder, moderate cognitive impairment, and total dependence on staff for toileting was care planned to be toileted every morning, after meals, and at bedtime, and to be checked for incontinence and provided care every 2–3 hours and as needed. On multiple nights, the resident’s spouse reported finding the resident at approximately 5:30 AM soaked with urine, with saturated briefs, pads, linens, and mattress, and brown rings on the brief. Video review for the relevant nights showed that one CNA did not enter the resident’s room at all between 11:00 PM and 5:30 AM on one date, and on two other dates another CNA entered the room only once for a few minutes and exited without any soiled linens. The resident and family member stated that no one would enjoy lying in a wet bed and described the situation as undignified and neglectful. Facility leadership and the Assistant DON confirmed that required 2–3 hour rounds and incontinence checks were not completed for this resident and that other residents on the same unit were also not checked as required. Another group of residents, including individuals with hemiplegia, cerebral palsy, diabetes mellitus, seizures, severe cognitive impairment, and total or extensive dependence on staff for toileting and incontinence care, were similarly affected on a different night. Care plans and Kardex instructions for these residents required incontinence care every 3–4 hours, toileting offers every 3 hours, and keeping skin clean and dry. A complaint was received that residents on a specific pod appeared soaked and unchanged during an overnight shift. A nurse entering the unit in the morning noted a foul odor and was informed that none of the residents had been “touched” during the 11:00 PM to 7:00 AM shift, and one resident was found covered in feces. Video footage and timelines reviewed by the Assistant DON showed that the assigned CNA did not provide care to the residents on that pod during the shift. Staff interviews corroborated that call lights were going off while the CNA was at the secretary’s desk, that the CNA did not bring linens out of rooms, and that residents with dementia could not report their needs and therefore relied on staff to ensure they were dry and comfortable. Facility leadership stated that residents were left wet and not cared for per their care plans and that no resident should go untouched for eight hours.
Failure to Prevent Elopement and Accidents for Two Cognitively Impaired Residents
Penalty
Summary
The deficiency involves the facility’s failure to ensure adequate supervision and effective use of assistive devices to prevent accidents and elopement for two cognitively impaired residents. For one resident with hemiplegia, macular degeneration, severe cognitive impairment, and a history of wandering and off‑unit wandering, the care plan identified elopement risk and required staff to monitor the resident’s whereabouts at all times, keep the resident in common areas for close monitoring while awake, and maintain a wander guard. Despite these measures on paper, surveillance footage showed the resident leaving their room in the early morning hours, attempting to open other residents’ doors and a stairwell door, and ultimately kicking open a stairwell door and entering the stairwell. Over approximately 40 minutes, staff did not identify the resident’s absence until an LPN returning from break entered the stairwell and found the resident at the bottom of the stairs with their wheelchair on top of them, resulting in injuries that required hospital evaluation. Interviews and records showed multiple supervision and system gaps related to this event. The assigned CNA reported doing rounds at 1:00 a.m. and then sitting at a desk between two pods with double doors closed, which could limit the ability to hear alarms from the opposite pod. Several staff, including CNAs and LPNs, stated they did not hear any door alarm sound around the time of the incident. The nursing supervisor and an LPN tested the stairwell door alarm after the incident and reported it only sounded once despite multiple attempts. The DON and unit manager confirmed that the second‑floor stairwell doors did not have badge swipes, magnetic locks, or wander guard integration, and that alarms sounded only locally on the floor. The DON later concluded that the resident was able to access the stairwell and fall because the staff assigned to them were caring for other residents and that closed double doors between pods could have prevented staff from hearing any alarm. The second resident involved had congenital alveolar hypoventilation syndrome, epilepsy, a tracheostomy, severe cognitive impairment, and was typically attached to an electronic sensor that alarmed at the nurses’ station when disconnected. This resident’s care plan required supervision in the room and on the unit when ambulating, but did not identify elopement risk or exit‑seeking behavior. Progress notes documented that the resident was becoming more engaged in therapy, more stable on their legs, and gaining new skills. A nursing note described that the resident removed their sensor and attempted to run off the unit, being seen and redirected by staff; the unit door was also noted to be malfunctioning and not latching properly. Despite this documented exit‑seeking behavior, there was no evidence that an updated elopement risk assessment was completed, no new elopement interventions were added to the care plan, and no wander guard was applied before the resident later left the building. Subsequent documentation and interviews confirmed that the elopement attempt and exit‑seeking behavior for this second resident were not effectively communicated or escalated. The 24‑hour report sheets and interdisciplinary progress notes contained no ongoing monitoring or follow‑up for exit‑seeking after the initial attempt. The DON, social worker responsible for elopement risk scales, and the former interim unit manager all stated they were not informed of the earlier attempt and therefore did not reassess the resident or implement additional safety measures. Nursing staff acknowledged that typically a wander guard would be placed after an elopement attempt, but this did not occur. Later, the resident removed their sensor again, exited through double doors used for school transport, and was found outside on the sidewalk by an environmental services staff member, who returned the resident to the unit. The lack of reassessment, care plan revision, and preventive interventions after the first documented exit‑seeking episode contributed directly to the subsequent elopement.
Failure to Provide Timely BiPAP Respiratory Support Upon Admission
Penalty
Summary
A deficiency occurred when a resident with chronic obstructive pulmonary disease and chronic hypoxic hypercapnic respiratory failure was not provided with a BiPAP machine as required for their respiratory care. The resident's hospital discharge summary and admission pre-screen both documented the need for nightly BiPAP use with specific settings, and this information was communicated to facility leadership via email prior to admission. However, upon admission, the BiPAP machine was not available, and there was no physician's order for the BiPAP at that time. The baseline care plan and nursing documentation did not indicate the need for BiPAP, and the resident was only placed on oxygen via nasal cannula. Multiple staff interviews and record reviews revealed that the need for BiPAP was overlooked during the admission process, with confusion among staff regarding responsibility for ordering the equipment. The admission screener communicated the requirement to the DON, Health Information Manager, and Administrator, but the email was not read or acted upon. Nursing staff documented the absence of the BiPAP machine over several days, and the equipment was not available in the facility until five days after admission, despite repeated documentation and verbal communication among staff about its absence. During this period, the resident did not receive the prescribed BiPAP therapy and was eventually found to be lethargic, only responding to verbal stimuli, and was transferred to the hospital for evaluation. The deficiency was attributed to failures in communication, documentation, and adherence to professional standards of practice and facility policy regarding the provision of necessary respiratory equipment upon admission.
Failure to Protect Residents from Sexual Abuse
Penalty
Summary
The facility failed to protect residents from sexual abuse, specifically involving a resident who was cognitively intact and exhibited inappropriate behaviors towards other residents who were severely cognitively impaired and unable to consent. The incidents involved Resident #226, who was observed engaging in inappropriate conduct with Resident #208, a non-verbal resident with Alzheimer's disease, and other residents. Despite multiple reports and observations of inappropriate behavior, the facility did not implement adequate safeguards such as 1:1 supervision or frequent visual checks to prevent further incidents. The facility's policy on abuse prevention was not effectively implemented, as evidenced by the lack of timely and appropriate interventions following reports of Resident #226's behavior. Staff members, including LPNs and RNs, reported incidents to supervisors, but there was no documented evidence of specific instructions or actions taken to monitor or separate Resident #226 from vulnerable residents. The facility had available beds in other units, yet Resident #226 was not moved promptly, and there was no formal documentation of increased supervision. The failure to act on the reports and observations of inappropriate behavior resulted in repeated instances of potential abuse, affecting multiple residents. The facility's inaction and lack of communication among staff and administration contributed to the ongoing risk of harm to residents. The Director of Nursing and other staff acknowledged the inadequacy of the response and the need for better reporting and intervention to protect residents from abuse.
Removal Plan
- the facility placed Resident #226 on 1:1 supervision and remains on 1:1.
- the facility conducted a Quality Assurance and Performance Improvement meeting; completed a root cause analysis; conducted record reviews and resident interviews and began staff education with a specific focus on sexual abuse, recognition, prevention, and reporting.
- the facility conducted a second Quality Assurance and Performance Improvement meeting, reviewed the facility abuse policies, and education continued for all staff with a focus on sexual abuse.
- The Director of Nursing, Assistant Directors of Nursing and Registered Nurse Supervisors were educated on conducting abuse investigations.
- 86% of all staff were educated.
Deficiencies in Resident Supervision and Safety Management
Penalty
Summary
The facility failed to provide adequate supervision to prevent accidents for Resident #228, who required 1:1 supervision due to a history of falls and cognitive impairment. Despite being care planned for constant observation, Resident #228 experienced multiple unwitnessed falls, including a significant incident on 5/26/2024, where they were left unattended in a common area and fell, resulting in a right hip fracture. The lack of a dedicated staff member for 1:1 supervision on that day was a clear break in the resident's care plan, as confirmed by multiple staff interviews. Additionally, the facility did not prevent the elopement of Resident #189, who was at risk due to severe cognitive impairment and required a wander guard. On 9/24/2023, Resident #189 managed to leave the facility by following visitors out the front door, despite having a wander guard that should have triggered an alarm. The security system failed to prevent the exit, and staff did not adequately monitor or follow the resident, leading to their unsupervised departure. Interviews with staff revealed gaps in the implementation of safety protocols, such as the absence of a formal policy for 1:1 supervision and inadequate training on elopement prevention. The facility's failure to adhere to care plans and safety measures resulted in harm to Resident #228 and a potential risk to Resident #189, highlighting significant deficiencies in resident supervision and safety management.
Inadequate Investigation of Alleged Abuse Incidents
Penalty
Summary
The facility failed to ensure thorough investigations of alleged abuse incidents involving four residents. Specifically, the investigations lacked interviews with potential witnesses and other potential victims. For instance, an incident involving a resident exposing their genitals in a common area in front of two other residents was not properly investigated, as there were no interviews conducted with potential witnesses or other victims. In another incident, a resident was found in another resident's room under suspicious circumstances, but the investigation was inadequate. The resident was found standing next to another resident's bed with the latter's breasts exposed. Despite the suspicious nature of the incident, there were no additional witness statements obtained from residents or staff, and no interviews were conducted with potential other victims. The facility's policy required immediate investigation upon discovery of an incident, including gathering statements from the suspected victim, roommates, staff, and other witnesses. However, this policy was not followed, as evidenced by the lack of witness statements and interviews in the documented incidents. Staff members, including nursing supervisors and the Director of Nursing, acknowledged the expectation for thorough investigations, but these were not carried out as required.
Failure to Implement Effective Abuse Prevention and Supervision
Penalty
Summary
The facility failed to administer its resources effectively and efficiently, leading to deficiencies in maintaining the highest practicable well-being of its residents. The administration did not ensure consistent implementation of policies and procedures, particularly concerning abuse prevention and response. The facility's governing body was not adequately informed of the extent of the deficient practices, which included failure to provide appropriate supervision and interventions for residents involved in incidents of potential abuse. Resident #226, who was cognitively intact, was involved in multiple incidents with other residents who were severely cognitively impaired. On one occasion, Resident #226 was found in a room with Resident #208, whose breasts were exposed, raising suspicions of potential abuse. Despite available beds in other units, Resident #226 was moved to a dementia unit without appropriate supervision or interventions, such as 1:1 supervision, which was not implemented despite recommendations from medical staff. Further incidents involving Resident #226 occurred, including being found in the rooms of other residents and inappropriate behavior in common areas. The facility's staff failed to report these incidents to the appropriate authorities, and the administration did not conduct thorough investigations or provide necessary staff education. The Director of Nursing acknowledged the lack of prudence in maintaining resident safety, and the facility's administration did not effectively address the situation, leading to continued risk for vulnerable residents.
Deficiencies in QAPI Program and Notification Compliance
Penalty
Summary
The facility failed to ensure that its Quality Assurance and Performance Improvement (QAPI) program effectively identified, developed, and implemented plans to prevent and protect residents from sexual abuse. Specifically, the program did not address repeated patterns of sexually inappropriate behaviors by a resident. This deficiency was highlighted by an incident where a resident was found in another resident's room with exposed breasts, and the offending resident was observed inappropriately in common areas and other residents' rooms on multiple occasions. Despite these incidents, the QAPI committee did not review or discuss the sexual abuse allegations in a timely manner, as meetings were canceled, and the issue was not added to the agenda when meetings resumed. Additionally, the facility failed to comply with regulations regarding hospital transfer/discharge notifications and bed hold policy notices. The records of two residents who were transferred to the hospital and readmitted multiple times showed no evidence that the required notifications were completed and provided to the residents or their representatives. This oversight was not identified by the facility's QAPI program until it was pointed out during the survey, indicating a systemic failure in the notification process. Interviews with facility staff, including the Director of Nursing and the President of Long-Term Care, revealed that the QAPI committee did not adequately review incidents reported to the Department of Health. The committee's purpose was to assess issues, interventions, and determine if additional actions were needed to ensure resident safety and improve outcomes. However, the failure to address the sexual abuse allegations and the lack of compliance with notification requirements demonstrate significant lapses in the facility's quality assurance processes.
Failure to Notify Health Care Proxy of Change in Condition
Penalty
Summary
The facility failed to ensure that the Health Care Proxy of a resident was notified immediately of a significant change in the resident's condition. Specifically, the Health Care Proxy of a resident with a tracheostomy was not informed when the tracheostomy tube was removed. The resident, who had a history of traumatic subdural hemorrhage, acute kidney failure, and depression, was documented as moderately cognitively impaired and unable to make medical decisions. The resident's family member was designated as their Health Care Proxy, as documented in the Family Health Care Decision Act Consent Form. Despite the removal of the tracheostomy tube being a significant change in the resident's condition, there was no documentation that the Health Care Proxy was informed. Interviews with nursing staff revealed a misunderstanding regarding the responsibility for notifying the Health Care Proxy, with Registered Nurse #10 incorrectly believing the resident was their own responsible party. The Director of Nursing and the Social Worker confirmed that the Health Care Proxy should have been updated, and the facility lacked a policy for notification of change, contributing to the oversight.
Deficiency in Resident Grooming and Personal Hygiene
Penalty
Summary
The facility failed to ensure that a resident who was unable to carry out activities of daily living received the necessary services to maintain grooming and personal hygiene. Specifically, Resident #20, who had diagnoses including multiple sclerosis, age-related physical debility, and epilepsy, was observed with greasy, disheveled hair, with matting and knots at the back of their head. The resident required substantial assistance for personal hygiene, as documented in their care plan and assessment tools. Despite this, there was no documented evidence of hair washing or refusal of care, and the last recorded shower was on 8/22/24. Observations over several days confirmed the resident's hair remained greasy and uncombed. Interviews with staff, including CNAs and nurses, revealed that the resident's hair was difficult to manage due to knots and matting, and there was a lack of proper grooming tools. The facility lacked a policy for activities of daily living or personal care, including hair care. The Director of Nursing and other staff acknowledged the expectation for daily grooming, but it was not consistently documented or performed, leading to the deficiency.
Failure to Assess and Secure Bed Assist Bars
Penalty
Summary
The facility failed to ensure that a resident was assessed for the risk of entrapment from bed rails before their installation, did not review the risks and benefits of bed rails with the resident or their representative, and did not obtain informed consent prior to the installation of bed rails. Specifically, Resident #20, who had multiple diagnoses including multiple sclerosis, epilepsy, and severe cognitive impairment, was not assessed for the risk of entrapment from bed rails. There was no documented evidence that the risks and benefits of bed rails were reviewed with the resident or their representative, nor that informed consent was obtained prior to their use. Observations revealed that the bed assist bar on the right side of Resident #20's bed was unlatched and unsecured from the bed frame on multiple occasions. Staff interviews indicated that bed assist bars should be locked into place for safety, and if they were not, it could pose a risk of the resident falling out of bed. Despite this, there was a lack of routine audits to ensure the proper installation and maintenance of bed assist bars, and no side rail assessments were conducted for their use. Interviews with facility staff, including the Director of Nursing and the Administrator, revealed a lack of awareness and understanding regarding the need for assessments and informed consent for bed assist bars. The facility's policy did not require consent for the use of bed assist rails, as they were not considered restraints. Additionally, there was no education provided to residents or families regarding the potential risk of entrapment with the use of bed assist rails, and the facility did not conduct routine audits to check the proper installation of these devices.
Significant Medication Error Involving Wrong Resident
Penalty
Summary
The facility failed to ensure that residents were free from significant medication errors, as evidenced by an incident involving a medication error with a resident. On March 20, 2024, a Registered Nurse mistakenly administered morning medications intended for another resident to a resident with chronic respiratory failure and developmental delays. The medications included Keppra, Onfi, Omeprazole, and a multivitamin, which were not prescribed to the resident. The error was identified immediately after administration, and the nurse attempted to remove the medications from the resident's stomach using a gastric tube. The resident, who was 10 months old at the time and did not have a seizure disorder, was given medications that posed a risk of central nervous system depression. The facility's Medical Director and Pharmacy Consultant both considered this a significant medication error due to the potential for sedation and the resident's age. The facility's policy required scanning both the patient's wristband and the medication barcode before administration, which was not followed in this instance. Following the error, the resident was transferred to the emergency department for observation as recommended by poison control. The resident was monitored for six hours and showed no change in vital signs or clinical status before being safely returned to the facility. Interviews with facility staff, including the Director of Nursing and the Assistant Director of Nursing, confirmed the recognition of the incident as a significant medication error.
Failure to Notify Residents and Ombudsman of Transfers
Penalty
Summary
The facility failed to provide timely written notification of transfer or discharge to residents or their representatives, as well as to the Office of the State Long-Term Care Ombudsman, for three residents. Resident #91, who was cognitively intact, was transferred to the hospital on 8/30/24 and returned on 9/6/24 without receiving a Notice of Transfer or Discharge. Similarly, Resident #222, who was severely cognitively impaired, experienced multiple hospitalizations between 4/14/24 and 8/13/24 without any documented evidence of notification to their representative. Resident #250, who had chronic respiratory failure and was rarely understood, was transferred to the hospital on 3/20/24 without notification to their representative or the Ombudsman. Interviews with facility staff revealed a lack of clarity and responsibility regarding the completion and distribution of the Notice of Transfer or Discharge forms. Social Worker #2 admitted to not completing the forms for Residents #222 and #250, believing it was the nursing department's responsibility. The Long Term Care Health Information Manager #1 stated they did not notify the Ombudsman of Resident #250's transfer because the resident was not discharged to the hospital. The Executive Secretary #1 mentioned that the responsibility for completing the forms had been transferred to the Long Term Care Health Information Manager over a year ago, but the process had not been clearly defined or communicated. Further interviews indicated that there was a misunderstanding among staff about when the Notice of Transfer or Discharge forms should be completed. Social Worker #1 and the Long Term Care Health Information Manager #1 were under the impression that the forms were only necessary for residents discharged to home or another facility, not for those transferred to a hospital. The President of Long Term Care acknowledged that the notification process was not being completed for any resident's transfer to an acute or hospital setting, and the Ombudsman confirmed they had not received notification for Resident #250's transfer.
Failure to Notify Residents of Bed Hold Policy During Hospital Transfers
Penalty
Summary
The facility failed to notify residents or their representatives in writing about the bed hold policy during hospital transfers, as required by regulations. This deficiency was identified during an extended standard survey, which revealed that three residents were affected. Resident #91, who was cognitively intact, was transferred to the hospital and returned without receiving the necessary written notification. Similarly, Resident #222, who was severely cognitively impaired, experienced multiple hospitalizations without any documented evidence of the bed hold policy notification being provided. Resident #250, who had significant medical conditions and communication limitations, was also transferred to the hospital without receiving the required notification. The facility's Resident Handbook outlines the bed reservation policy, which varies depending on the resident's payment method and insurance coverage. However, the facility failed to adhere to this policy by not completing the Notice of Transfer or Discharge form, which includes the bed hold policy notification. Interviews with facility staff, including social workers and the Long-Term Care Health Information Manager, revealed a lack of clarity and responsibility regarding who should complete the notification process for residents transferred to hospitals. The President of Long-Term Care acknowledged that the process for notifying residents or their representatives about the bed hold policy was not being completed for hospital transfers. This oversight was not limited to a specific timeframe, as the facility could not determine how long this non-compliance had been occurring. The deficiency was identified under the regulation 10 NYCRR 415.3(i)(3)(i)(a), which mandates written notification of the bed hold policy to residents or their representatives.
Failure to Timely Report Alleged Neglect
Penalty
Summary
The facility failed to ensure that all alleged violations, including neglect, were reported immediately as required by state law. Specifically, an incident involving a resident with a history of congestive heart failure and myocardial infarction was not reported in a timely manner. The resident was in respiratory distress, and despite being informed by a Certified Nurse Aide, the Licensed Practical Nurse on duty did not respond promptly, prioritizing dining room duties instead. The incident occurred when a Certified Nurse Aide noticed the resident's distress and informed the nurse, who initially refused to leave the dining room. The aide took the resident's vital signs, which showed critically low oxygen saturation, and repeatedly called for help. Eventually, the nurse responded but did not return to the room after the initial visit. The delay in response was perceived as neglect by the staff involved. The allegation of neglect was not reported immediately by the staff. The Certified Nurse Aide reported the incident three days later to a Unit Manager, who also delayed reporting to the Interim Director of Nursing. The Unit Manager attempted to verify the incident through camera footage before reporting it, which further delayed the process. The facility's policy required immediate reporting of such allegations, which was not followed, resulting in a 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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