Independence Care Center For Nursing And Rehabilit
Inspection history, citations, penalties and survey trends for this long-term care facility in Riverdale, New York.
- Location
- 666 Kappock Street, Riverdale, New York 10463
- CMS Provider Number
- 335248
- Inspections on file
- 14
- Latest survey
- August 8, 2025
- Citations (last 12 mo.)
- 2
Citation history
Health deficiencies cited at Independence Care Center For Nursing And Rehabilit during CMS and state inspections, most recent first.
An incident occurred in which a resident reported being struck by a chair thrown by another resident. Although both residents were assessed as having intact cognition and no injuries were found, the facility failed to report the alleged abuse to the State Agency within the required two-hour window, instead submitting the report later that evening. The administrator delayed reporting while reviewing video evidence and investigating the event.
A deficiency was cited due to the facility not ensuring an area was free from accident hazards and not providing adequate supervision to prevent accidents. The report highlights insufficient safety measures and supervision protocols.
A resident with a history of aggressive behavior was involved in an incident where they hit a receptionist, who then retaliated by hitting the resident on the head. The facility's surveillance footage confirmed the sequence of events, and the investigation concluded that abuse occurred. The resident was assessed with no visible injuries but was transferred for psychiatric evaluation. The facility's policies on abuse prevention were not effectively implemented, as the resident's care plan was not updated following the incident.
A resident with a history of mental health issues was involved in an altercation with a receptionist, but the facility failed to update the resident's care plan to reflect this significant event. Despite the facility's policy requiring timely updates to care plans, the interdisciplinary team did not revise the care plan following the incident, as confirmed by staff interviews.
A resident reported being punched by an LPN, resulting in a nasal bone fracture and a fractured elbow. Surveillance footage and staff interviews corroborated the resident's account, and the LPN left the unit without reporting the incident.
The facility failed to provide baseline care plan summaries to three residents and their representatives within 48 hours of admission, as required by policy. Interviews with staff revealed inconsistencies in the process, with the unit manager and social worker confirming that summaries were not distributed despite being created on time.
A resident with hypertension and non-Alzheimer's dementia was found with discoloration on the forehead, indicating a potential injury. The facility failed to notify the resident's family as required by their policy, and there was no documentation to support that the family was informed. Interviews confirmed the lapse in communication.
A resident with severe cognitive impairment was found with a forehead injury of unknown origin, which the facility failed to report to the Department of Health within the required 2-hour timeframe. The facility concluded the injury was likely due to an unwitnessed fall, but did not follow the mandated reporting protocol.
A resident with severe edema and chronic skin conditions did not receive appropriate treatment or assessment for their skin condition. Despite observations of severe edema and scaly skin, there were no documented evaluations or treatment orders from 01/01/2024 through 03/29/2024. Interviews revealed that staff were aware of the condition but did not provide treatment.
The facility failed to maintain a resident's privacy during tracheostomy care, as a Respiratory Therapist was observed performing the procedure with the room door open. The resident had severe cognitive impairment and required regular tracheostomy care. Both the Respiratory Therapist and facility directors acknowledged the mistake and confirmed the requirement to ensure privacy.
The facility failed to develop and implement comprehensive care plans for five residents, including those on antibiotic therapy, with specific preferences, and receiving hospice care. Staff acknowledged the oversights and the responsibilities for creating these care plans.
A resident with Depression and Toxoplasma Meningoencephalitis was not provided with an ongoing activities program based on their comprehensive assessment and care plan. Observations and staff interviews revealed that the resident was often in bed with no recreational activities, and the facility's activity calendar showed no listed activities for the resident's unit. The facility's policy emphasized respecting residents' autonomy in choosing activities, but the resident's expressed interests were not met.
A facility failed to address a pharmacist's recommendation to change the administration time of Montelukast for a resident with COPD. Despite the physician agreeing to the change, the medication continued to be administered at the original time due to an oversight. The Medical Director and DON acknowledged the error.
The facility failed to update a resident's comprehensive care plan following an altercation with another resident, despite the resident having severe cognitive impairment and multiple diagnoses. The incident led to the resident being hospitalized and returning with staples to the head. A Registered Nurse Supervisor confirmed the care plan was not revised as required.
Failure to Timely Report Alleged Resident-to-Resident Abuse
Penalty
Summary
The facility failed to ensure that an alleged incident involving potential abuse between two residents was reported to the New York State Department of Health within the required two-hour timeframe. On the morning of 12/02/2024, one resident reported that another resident threw a chair, which struck them on the back. Both residents involved were assessed as having intact cognition, with one having a history of right humerus fracture and diabetes, and the other with opioid dependence, alcohol substance abuse, and pain disorder. The incident was reported to the facility staff at 7:12 AM, and the administrator was notified at 8:00 AM. Despite the facility's policy requiring immediate reporting of abuse allegations within two hours, the incident was not reported to the State Agency until 8:28 PM the same day, exceeding the mandated timeframe. The administrator acknowledged awareness of the reporting requirement but delayed submission while reviewing video footage and conducting the investigation. The delay in reporting constituted a failure to comply with regulatory requirements for timely notification of suspected abuse.
Failure to Maintain Safe Environment and Adequate Supervision
Penalty
Summary
A deficiency was identified in the facility's failure to ensure that an 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 contribute to accidents, and that supervision protocols were not sufficient to prevent such incidents. Specific details regarding the actions or inactions of staff, the nature of the hazards present, or the condition of any residents involved are not provided in the report.
Failure to Protect Resident from Staff Abuse
Penalty
Summary
The facility failed to protect a resident from physical abuse by a staff member, as observed during an abbreviated survey. The incident involved a resident with diagnoses of Depression, Schizophrenia, and Bipolar Disorder, who had a history of aggressive behavior. On the day of the incident, the resident was in the lobby and attempted to remove a sign from the wall. The receptionist intervened, and the resident hit the receptionist's face. In retaliation, the receptionist hit the resident on the head. The facility's surveillance footage captured the sequence of events, showing the receptionist initially trying to prevent the resident from removing the sign and later retaliating after being hit by the resident. The Assistant Administrator was present during the incident and attempted to separate the resident from the receptionist. The resident was assessed by registered nurse supervisors and found to have no visible injuries, but was later transferred to the hospital for psychiatric evaluation. The facility's policies on abuse prevention and reporting were not effectively implemented, as evidenced by the failure to update the resident's care plan following the incident. The care plan had previously noted the resident's potential for being abused due to cognitive and medical decline, but it was not revised to reflect the new incident. The investigation concluded that abuse did occur, and the police confirmed the receptionist's action of hitting the resident.
Failure to Update Care Plan After Resident Altercation
Penalty
Summary
The facility failed to ensure that the comprehensive care plan for a resident was reviewed and revised by the interdisciplinary team following a significant change in the resident's condition. This deficiency was identified during an abbreviated survey, where it was found that the care plan was not updated after the resident was involved in an altercation with a receptionist. The incident, captured on surveillance camera, showed the resident hitting the receptionist, who then retaliated by hitting the resident on the head. Despite this significant event, the resident's Psychosocial Well-Being Care Plan was not updated to reflect the abuse incident. The resident involved had a history of mental health diagnoses, including Depression, Schizophrenia, and Bipolar Disorder, and had previously exhibited aggressive behavior. Prior to the incident, the resident had been transferred to the emergency room for suicidal ideation and aggressive actions. The facility's policy requires that care plans be developed and updated by the interdisciplinary team, including the resident and their family or legal representative, within a specified timeframe. However, interviews with facility staff revealed that the care plan was not updated as required, with responsibilities for updating the care plan not being fulfilled by the Registered Nurse Supervisor and Unit Manager.
Failure to Protect Resident from Physical Abuse by Staff
Penalty
Summary
The facility did not ensure that a resident was free from physical abuse by nursing home staff. Specifically, a cognitively intact resident reported to the Assistant Director of Nursing that they were punched in the nose by an LPN. Surveillance footage showed the LPN exiting the resident's room, and shortly after, the resident was seen crawling on the floor bleeding. The LPN left the nursing unit without reporting the incident to the Registered Nurse Supervisor, resulting in actual harm to the resident, including a nasal bone fracture and a fractured elbow. The facility's policy on abuse and neglect mandates that residents are free from abuse and neglect by anyone, including staff. The resident involved had a history of depression and alcohol abuse and was cognitively intact at the time of the incident. The resident's care plan included interventions to address potential abuse and behavioral symptoms. On the day of the incident, the resident had an altercation with the LPN, which escalated to physical abuse. The LPN's account of the events was inconsistent, and the surveillance footage contradicted their statements. Interviews with various staff members, including the Assistant Director of Nursing, Social Worker, and Director of Nursing, corroborated the resident's account of being punched by the LPN. The LPN was seen exiting the resident's room without any items that would indicate they were providing care. The resident was found bleeding and reported the abuse to multiple staff members. The facility's investigation concluded that abuse had occurred, and the LPN could not be located immediately after the incident.
Failure to Provide Baseline Care Plan Summaries
Penalty
Summary
The facility failed to ensure that residents and their representatives were provided with a written summary of the baseline care plan within 48 hours of admission. This deficiency was identified for three residents during the recertification survey. Resident #5, who was admitted with diagnoses of Depression and Respiratory Failure, did not receive a copy of their baseline care plan summary. Similarly, Resident #39, admitted with Depression and Toxoplasma Meningoencephalitis, and Resident #119, admitted with Respiratory Failure and Tracheostomy Status, also did not receive copies of their baseline care plan summaries. The medical records for these residents lacked documentation that the baseline care plan summaries were provided to them or their representatives. Interviews with facility staff revealed inconsistencies in the process of providing baseline care plan summaries. The unit manager stated that the admission nurse completes the baseline care plan within 48 hours but does not distribute a summary to the residents or their representatives. The social worker confirmed that while the baseline care plan is created within the required timeframe, the summaries were not provided to the residents or their representatives. The Director of Nursing acknowledged that the baseline care plan must be completed within 48 hours and discussed with the resident and their representative, but a copy of the summary was not provided as required by the facility's policy and procedure.
Failure to Notify Resident's Family of Injury
Penalty
Summary
The facility failed to ensure that the resident and/or the resident's representative was immediately informed of an accident which resulted in injury and had the potential for requiring physician intervention. This was evident for one resident who was observed with discoloration on the forehead. There was no documented evidence that the resident's representative was notified of the change in the resident's condition. The facility's policy requires prompt notification of the resident's representative in such cases, but this protocol was not followed. The resident had a history of hypertension and non-Alzheimer's dementia and was severely impaired in cognitive skills for daily decision-making. On the morning of the incident, the night shift supervisor noted the discoloration on the resident's forehead and claimed to have left a message for the family, but there was no documentation to support this. Interviews with the resident's representative and facility staff revealed that the family was not informed of the incident. The Director of Nursing confirmed that it was the responsibility of the unit manager and supervisors to notify the family and document the communication, which did not occur in this case.
Failure to Report Injury of Unknown Source
Penalty
Summary
The facility failed to ensure that all alleged violations involving injuries of unknown source were reported immediately, but not later than 2 hours after the allegation was made, to the New York State Department of Health. This deficiency was evident for one resident who was observed with discoloration to the forehead on 01/15/2024 at 6:30 AM. The resident, who had diagnoses of Hypertension and Non-Alzheimer's Dementia and was severely impaired in cognitive skills for daily decision making, could not explain how the injury occurred. The incident was unwitnessed, and the facility did not report it to the Department of Health as required by their policy and procedure on abuse and neglect, which mandates a 2-hour notification for any alleged or suspected case of abuse or neglect. The facility's investigation concluded that the resident likely sustained the injury from an unwitnessed fall, as suggested by the resident's roommate who saw the resident getting up from the floor. Despite this conclusion, the facility did not follow the mandated reporting protocol. The Director of Nursing stated that they did not report the discoloration because they believed it was from a fall based on the roommate's statement. This failure to report the injury immediately to the Department of Health constitutes a deficiency in adhering to regulatory requirements for reporting suspected abuse, neglect, or mistreatment.
Failure to Treat Resident's Skin Condition
Penalty
Summary
The facility did not ensure that Resident #99 received treatment and care in accordance with professional standards of practice. On 03/29/2024, Resident #99 was observed with severe edema, dry, and thick scaly skin on both lower extremities. Despite these observations, there was no documented evidence that the skin condition was evaluated or treated. The resident's care plan, which included interventions for skin inspection, was last reviewed on 02/18/2024, but the most recent evaluation note from 01/24/2024 indicated no skin impairment. Podiatry notes from 01/27/2024 and 02/25/2024 documented severe pitting edema and open lesions, yet no follow-up assessments or treatment orders were found in the resident's progress notes or physician's order report from 01/01/2024 through 03/29/2024. Interviews with the resident and staff revealed that the nurses were aware of the skin condition but did not provide treatment. The Assistant Director of Nursing confirmed that treatment orders for the resident's skin condition had been discontinued the previous year. The attending physician stated that there had been no reported concerns or changes in the resident's condition that would prompt an evaluation or new treatment orders. This lack of assessment and treatment for the resident's skin condition constitutes a deficiency in the facility's care practices.
Failure to Maintain Resident Privacy During Tracheostomy Care
Penalty
Summary
The facility did not ensure that a resident's privacy was maintained during a medical procedure. Specifically, a Respiratory Therapist was observed performing tracheostomy care for a resident with the room door open. This incident involved a resident who had severe cognitive impairment and required regular tracheostomy care and suctioning. The facility's policy mandates that residents' privacy must be maintained during such procedures, which includes keeping the door closed and curtains pulled. During the survey, the Respiratory Therapist acknowledged the mistake and stated that the door should have been closed to maintain privacy. Both the Director of Respiratory Therapy and the Director of Nursing confirmed that staff are required to ensure privacy during tracheostomy care. The deficiency was identified based on observations, interviews, and record reviews conducted during the Recertification Survey.
Failure to Develop and Implement Comprehensive Care Plans
Penalty
Summary
The facility did not ensure that a comprehensive person-centered care plan was developed and implemented for each resident. This deficiency was observed in five residents. Resident #39, who was admitted with diagnoses of Depression and Toxoplasma Meningoencephalitis, had no care plan in place for antibiotic therapy despite being prescribed Bactrim DS. The unit manager admitted that a care plan should have been in place but was forgotten. The Director of Nursing confirmed that the responsibility for initiating the care plan lay with the unit manager, supervisor, or the Registered Nurse who picked up the order, and that the Infection Control Nurse should have ensured the care plan was in place for antibiotic therapy. Resident #108, admitted with Hemiplegia and Hemiparesis following Cerebral Infarction, Seizures, and Schizoaffective Disorder, had no care plan developed to address their preference to wear a night gown in the dayroom. Despite observations of the resident in the dayroom wearing a night gown and staff attempts to redirect the resident to get dressed, no care plan was created. The unit manager and the Director of Nursing Services both acknowledged that a care plan should have been developed to reflect the resident's preference. Resident #82, admitted with diagnoses of Diabetes Mellitus and Hypothyroidism, was receiving hospice care but had no care plan initiated for this service. The social service progress note and physician's order confirmed the resident's hospice care status, but the care plan was missing. The Assistant Director of Nursing and the Director of Social Service both admitted that the care plan for hospice care was not created due to an oversight, despite it being the social worker's responsibility to do so.
Lack of Resident Activity Engagement
Penalty
Summary
The facility did not ensure that an ongoing activities program was provided based on the comprehensive assessment, care plan, and preferences of each resident. This deficiency was evident for one resident who was admitted with diagnoses of Depression and Toxoplasma Meningoencephalitis. The resident's Minimum Data Set assessment indicated a moderate cognitive impairment and a strong interest in activities such as reading, listening to music, keeping up with the news, participating in group activities, and attending religious services. However, observations revealed that the resident was often in bed with no ongoing recreational activities, and the facility's activity calendar showed no listed activities for the resident's unit. Interviews with staff confirmed the lack of activity engagement for the resident, and there was no documented evidence of activity assessment, notes, or attendance records in the resident's medical records. The facility's policy on Quality of Life - Resident Self-Determination and Participation emphasized the importance of respecting and promoting each resident's autonomy in choosing activities consistent with their interests and care plan. Despite this, the resident expressed a desire for activities like bingo and church services, which were not provided. Staff interviews revealed that the usual routine of taking residents to the dayroom for activities had not resumed post-COVID-19, and the recreation staff's involvement was limited to turning on the television in residents' rooms. The Director of Recreation and the Director of Nursing both acknowledged the lack of scheduled activities and bedside engagement for the resident's unit, confirming the deficiency in meeting the resident's activity needs.
Failure to Address Pharmacist's Medication Regimen Review Recommendation
Penalty
Summary
The facility failed to address an irregularity identified by the pharmacist during a Medication Regimen Review for a resident diagnosed with Schizophrenia, Chronic Obstructive Pulmonary Disease (COPD), and Obstructive Sleep Apnea. The pharmacist recommended changing the administration time of Montelukast from 9:00 AM to bedtime for maximum benefit. Although the physician agreed to the recommendation, the order was not updated, and the medication continued to be administered at 9:00 AM as documented in the Medication Administration Record from 02/28/2023 through 03/31/2024. Interviews with the Licensed Pharmacist Consultant, Medical Director, and Director of Nursing revealed that the recommendation was not acted upon appropriately. The Medical Director admitted it was an oversight and should have indicated disagreement if that was the case. The Director of Nursing acknowledged that the physician should have acted upon the pharmacist's recommendation and took full responsibility for the oversight.
Failure to Update Care Plan After Resident Altercation
Penalty
Summary
The facility did not ensure that each resident's comprehensive care plan was reviewed and revised by the interdisciplinary team following an occurrence of resident-to-resident physical abuse. This deficiency was evident for one resident who was involved in an altercation with another resident. The comprehensive care plan for this resident, who had diagnoses including Diabetes Mellitus, Acute Respiratory Failure, and Bipolar Disorder, and severely impaired cognition, was not updated with new interventions after the incident. The incident occurred when the resident was involved in an unwitnessed altercation with another resident, resulting in both residents being transferred to the hospital for evaluation. The resident returned to the facility with staples to the head. Despite the facility's policy requiring care plans to be revised as residents' conditions change, there was no documented evidence that the care plan was updated following the altercation. A Registered Nurse Supervisor confirmed that the care plan had not been updated as required.
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.
Trusted data from CMS and state health departments
Every citation, penalty and Plan of Correction is sourced from public CMS records (latest release May 27, 2026) and official state health department websites — never guesswork.
Trusted by long-term care providers and associations.



