Lilac Manor Rehabilitation And Nursing Center
Inspection history, citations, penalties and survey trends for this long-term care facility in Rochester, New York.
- Location
- 3 Upton Park, Rochester, New York 14607
- CMS Provider Number
- 335488
- Inspections on file
- 20
- Latest survey
- August 20, 2025
- Citations (last 12 mo.)
- 1
Citation history
Health deficiencies cited at Lilac Manor Rehabilitation And Nursing Center during CMS and state inspections, most recent first.
A resident with severe cognitive impairment and a history of blood clots was prescribed Lovenox injections, which were refused multiple times and subsequently discontinued by a provider. The facility did not notify the resident's representative of the refusals or the discontinuation, despite policy requirements. The representative later reported being unaware of the medication status when the resident was hospitalized for an acute ischemic stroke.
The facility failed to provide a safe and sanitary environment, with hot water temperatures consistently below required levels, inadequate housekeeping, and maintenance services leading to unsanitary conditions. Residents reported not receiving showers due to cold water, and the facility was understaffed in maintenance, exacerbating these issues.
The facility failed to investigate allegations of abuse and injuries for several residents. A resident reported abuse by CNAs, but no investigation was documented. Another resident with a laryngeal fracture was not investigated for potential trauma. Two residents involved in a resident-to-resident incident also lacked a documented investigation. Missing investigations were noted, possibly due to leadership changes.
A facility failed to ensure residents were free from significant medication errors, affecting four residents. One resident received multiple doses of oxycodone beyond the prescribed amount, while another experienced inconsistent dosing due to a shortage of medication. A third resident did not receive a full course of antibiotics, and a fourth missed multiple prescribed medications. The errors were not properly documented or communicated to medical providers.
The facility failed to ensure safe medication storage and proper labeling, with medications found in an unlocked room, undated insulin bottles, and unclean medication carts containing loose pills. Interviews revealed unclear responsibilities for maintaining cleanliness and organization.
The facility failed to manage resources effectively, leading to unsanitary conditions, inadequate investigation of abuse allegations, and insufficient care for residents' daily living activities. Essential equipment was not maintained, and behavioral health services were inconsistent, with medication errors also noted.
The facility did not maintain essential equipment, including exhaust vents, oxygen concentrators, and hoyer lifts, leading to significant odors and inadequate oxygen delivery to a resident. Maintenance staffing issues contributed to unresolved equipment failures, affecting hot water boilers and laundry machines.
The facility failed to ensure an organized system for honoring residents' wishes regarding CPR and DNR orders, resulting in discrepancies in code status documentation for several residents. A resident with heart failure had conflicting DNR documentation, while another resident's care plan and MOLST form did not match. Additionally, a cognitively impaired resident's code status was not regularly reviewed, leading to inconsistencies in documentation.
The facility failed to protect residents' belongings, with reports of missing items and money from several residents. Despite policies requiring prompt investigation, the facility lacked documentation of any investigations or resolutions. Specific cases involved residents with missing clothing, personal items, and money, with staff interviews revealing communication and follow-up issues.
The facility failed to provide timely written notifications of transfers to residents, their representatives, and the Ombudsman for three residents with urgent medical needs. Despite having a policy in place, there was no documentation of such notices being provided. Interviews revealed confusion among staff about notification responsibilities, and the facility could not provide evidence of notifying the Ombudsman, citing access issues to previous records.
Three residents in an LTC facility did not receive necessary assistance for personal hygiene and grooming. A resident with dementia reported infrequent showers and desired hair washing, but records showed no documentation of showers or refusals. Another resident with Alzheimer's remained unshaven with long nails despite scheduled weekly showers, and a third resident expressed a need for a haircut, which was unmet due to the absence of a facility stylist.
A resident with cerumen impaction did not receive ear flushing as ordered by a physician, leading to continued hearing difficulties. Facility staff were unaware of the order and lacked the necessary equipment to perform the procedure. Interviews revealed a lack of communication and understanding among staff regarding the resident's care needs.
Two residents with limited range of motion did not consistently receive the prescribed hand splints to prevent further decline. Despite care plans and staff education, observations showed the splints were not applied as required, leading to increased pain and potential decline in function. Staff interviews revealed forgetfulness and lack of adherence to care plans, contributing to the deficiency.
A resident with respiratory failure and other conditions did not receive proper respiratory care due to the absence of a physician order and a care plan for oxygen therapy. The resident's oxygen concentrator was not functioning properly, leading to low oxygen saturation levels. Facility staff confirmed the lack of necessary documentation and maintenance for the equipment.
A resident with multiple chronic pain conditions did not receive appropriate pain management as per their care plan. The facility failed to administer prescribed medications consistently, and the care plan lacked person-centered goals and non-pharmacological interventions. Medication records showed discrepancies, and the resident reported increased pain and hallucinations due to missed doses.
A resident with schizoaffective disorder and other mental health conditions did not receive necessary behavioral health services, including timely medication changes and consistent psychiatric care. The care plan was not individualized, and the resident's power wheelchair remained unrepaired, affecting their mobility and well-being. Missed telepsychiatry appointments and poor communication between providers contributed to the deficiency.
The facility failed to comply with the 2015 International Fire Code by not having carbon monoxide detectors in the first-floor laundry room and kitchen, where natural gas-powered appliances are present. Staff interviews revealed a lack of awareness about detector placement, and records showed monthly signoffs but did not include these areas.
The facility did not ensure that the New York State Department of Health survey results were readily accessible to residents, family members, and legal representatives. Residents were unaware of the survey results' location, and the sign indicating their availability was not visible at wheelchair level. The facility was unable to provide the previous three years' survey results, and the Administrator acknowledged the oversight.
The facility did not provide Medicare Noncoverage notices to two residents, failing to inform them of their appeal rights after the termination of Medicare benefits. One resident continued in LTC without coverage, and another was discharged without receiving the required notice. The responsibility for issuing these notices was with the Social Worker or other designated staff, but no evidence was found to confirm the notices were given.
The facility failed to complete baseline care plans within 48 hours of admission for several residents, including those with serious medical conditions. Additionally, summaries of these care plans were not provided to the residents or their representatives. Staff interviews revealed confusion about responsibilities, and facility leadership was unaware of these deficiencies.
The facility did not consistently post accurate nurse staffing information, including the number and hours worked by staff and the daily resident census. Observations showed outdated postings, and interviews revealed staff were unaware of the requirements for updating and posting this information, particularly on weekends.
Failure to Notify Resident Representative of Significant Medication Change
Penalty
Summary
The facility failed to immediately notify a resident's representative when there was a significant change in the resident's treatment plan. Specifically, a resident with diagnoses including acute embolism, thrombosis of the right femoral vein, vascular dementia, and a history of cerebral infarction was prescribed Lovenox injections for deep vein thrombosis. The resident, who had severely impaired cognition, refused the Lovenox on several occasions, leading to the medication being discontinued by a provider. Despite facility policy requiring notification of the resident's representative in such cases, there was no documented evidence that the representative was informed of either the refusals or the discontinuation of the medication. Further review of the resident's records showed that after the medication was discontinued, the resident experienced a medical event and was transported to the hospital, where they were diagnosed with an acute ischemic stroke. During the hospital admission, the resident's representative reported being unsure if the resident had been receiving the Lovenox injections at the facility. Interviews confirmed that the provider should have notified the representative about the medication change, but this did not occur.
Facility Fails to Maintain Safe and Sanitary Environment
Penalty
Summary
The facility failed to maintain a safe, clean, and comfortable environment for its residents, as evidenced by numerous deficiencies observed during the survey. The hot water temperature in various locations throughout the facility was consistently below the required 90 degrees Fahrenheit, with some areas reporting temperatures as low as 73.8 degrees Fahrenheit. This issue was compounded by low water pressure, making it difficult for residents to receive proper hygiene care. Interviews with residents and staff revealed that many residents had not received showers for extended periods due to the lack of hot water, and some were forced to take bed baths with cold water. Additionally, the facility's housekeeping and maintenance services were inadequate, leading to unsanitary and unsafe conditions. Observations included dirty and disrepaired floors, walls, and ceilings, non-functional ventilation systems resulting in foul odors, and plumbing fixtures that were either not maintained or not working properly. There were also reports of standing water in various areas, exposed electrical wiring, and damaged light fixtures, all of which contributed to an unsafe environment for residents and staff. The facility's staffing issues further exacerbated these problems, as the maintenance department was understaffed, with only the regional maintenance director available to address the numerous deficiencies. This lack of adequate maintenance personnel likely contributed to the ongoing issues with water temperature, pressure, and overall facility upkeep. Interviews with staff and residents highlighted the persistent nature of these problems, with some issues reportedly ongoing for several months.
Failure to Investigate Allegations of Abuse and Injuries
Penalty
Summary
The facility failed to provide evidence of thorough investigations into allegations of abuse and injuries of unknown origin for six residents. Resident #22 reported physical aggression by two Certified Nursing Assistants, but the facility could not provide documentation of a completed investigation. Although one of the CNAs was terminated, the Director of Nursing acknowledged the lack of a documented investigation. Resident #371, who had a history of falls and was cognitively intact, was found to have a laryngeal fracture after being sent to the hospital for neck swelling and difficulty swallowing. The hospital physician noted that trauma could not be excluded as a cause, yet the facility did not initiate an investigation into the injury of unknown origin. The Director of Nursing admitted that an investigation should have been conducted but was not. Residents #68 and #100, both with severe cognitive impairments, were involved in a resident-to-resident incident where Resident #100 sustained a head injury. The facility failed to provide evidence of a thorough investigation into this incident or subsequent similar incidents. The Corporate Infection Preventionist noted that investigations were missing, possibly due to changes in facility leadership.
Significant Medication Errors in LTC Facility
Penalty
Summary
The facility failed to ensure that residents were free from significant medication errors, affecting four out of ten residents reviewed for medication administration. Resident #42, who had diagnoses including heart failure and diabetes, was prescribed oxycodone 5 milligrams daily for pain management. However, the facility's records showed that multiple doses of oxycodone were removed and possibly administered on several days, exceeding the prescribed amount. This discrepancy was noted by a Nurse Practitioner, and the error was reported to the Medical Director and consulting pharmacist. The involved LPN claimed to have followed a previous order, not the current one. Resident #52, diagnosed with ankylosing spondylitis and complex regional pain syndrome, was prescribed 7.5 milligrams of oxycodone three times daily. However, the facility's records indicated inconsistencies in the administration of the medication, with instances of both under-medication and over-medication. The resident reported that the facility ran out of the 2.5 milligram tablets, leading to incorrect dosing. The LPN involved did not document any waste of medication, and there was no evidence of suspension or investigation into the errors. Resident #100, with severe cognitive impairment, was prescribed a three-day course of ceftriaxone for pneumonia. The first dose was not administered as scheduled, and there was no documentation of the medical team being notified of the missing dose. The Corporate Infection Prevention Nurse confirmed that the antibiotic should have been available from the facility's emergency supply. Additionally, Resident #37, with moderate cognitive impairment, did not receive multiple prescribed medications on specific days, with no documentation of administration or notification to the medical provider. The facility's Director of Nursing acknowledged that a blank box on the Medication Administration Record indicated that nothing was done.
Medication Storage and Labeling Deficiencies
Penalty
Summary
The facility failed to ensure the safe and secure storage of medications and proper labeling in accordance with professional standards. During the Recertification Survey, it was observed that medications were stored in an unlocked clean utility room on the 3rd floor, which contained cleaning supplies and an open cabinet with over-the-counter medications and topical creams. Additionally, the 3rd Floor medication room had several bottles of insulin that were open and undated, and the 4th Floor medication refrigerator contained opened and expired insulin pens. Furthermore, the medication carts on both the 3rd and 4th floors were found to be unclean and disorganized. The 3rd Floor medication cart contained unlabeled inhalers, multiple loose unidentified pills, spilled red liquid, and dust and debris. Similarly, the 4th Floor medication cart had approximately 40 loose unidentified pills. Interviews with nursing staff revealed a lack of clarity regarding responsibility for organizing and cleaning these areas, with the Director of Nursing stating that medication cart and room audits should be conducted weekly, and all medications should be kept behind locked doors or cabinets.
Resource Mismanagement and Care Deficiencies
Penalty
Summary
The facility failed to administer its resources effectively and efficiently, resulting in several deficiencies impacting resident care and safety. The facility did not maintain a sanitary, orderly, and comfortable environment, as evidenced by dirty and disrepaired floors, walls, and ceilings, non-functional ventilation systems, and malfunctioning plumbing and electrical fixtures. Additionally, essential equipment such as laundry machines, hot water boilers, and patient care lifts were not maintained in safe operating condition, leading to further discomfort and potential safety hazards for residents. The facility also failed to thoroughly investigate allegations of resident abuse and injuries with unknown origins. For six residents reviewed, there was no evidence of comprehensive investigations into these allegations. This lapse was attributed to changes in facility leadership, as noted by the Corporate Infection Preventionist. Furthermore, the facility did not ensure that residents requiring assistance with activities of daily living received necessary services, such as nail care, shaving, bathing, and hair grooming, compromising their personal hygiene and dignity. Behavioral health services were inadequately provided, as one resident did not receive consistent psychiatric services or medication changes as recommended. The facility's telepsychiatry services were disrupted due to a lack of clinical staff to accompany residents during appointments and communication issues with providers. Additionally, medication administration errors were identified, with residents receiving incorrect doses or omissions of significant medications. These deficiencies highlight the facility's failure to maintain a safe and supportive environment for its residents.
Facility Fails to Maintain Essential Equipment
Penalty
Summary
The facility failed to maintain essential mechanical, electrical, and resident care equipment in safe operating condition across all five resident-use floors and the basement. Observations revealed that multiple exhaust vents were not functioning, leading to significant odors throughout the facility. The main fire alarm panel displayed trouble signals related to exhaust fans. An oxygen concentrator was not working effectively for a resident, resulting in low oxygen saturation levels until a mask was attached to an oxygen cylinder. Additionally, two hoyer lifts were marked as broken without documentation of repair efforts. The facility's maintenance department was understaffed, with only the regional maintenance director available due to staff absences and recent terminations. Two of the three hot water boilers were operational, affecting the entire facility, including the kitchen, which reported no hot water and had to use paper for serving meals. Laundry equipment was also non-functional, with a dryer and washing machine out of service for extended periods. The regional maintenance director was unaware of the exhaust ventilation issues, and further observations confirmed non-functional exhaust motors on the roof.
Discrepancies in Advanced Directives and Code Status Documentation
Penalty
Summary
The facility failed to ensure an organized system for honoring residents' wishes regarding Cardiopulmonary Resuscitation (CPR) and Do Not Resuscitate (DNR) orders, as evidenced by discrepancies in the code status of several residents. Resident #59, who was cognitively intact and had a diagnosis of heart failure, wound infection, and diabetes, had conflicting documentation regarding their DNR status. Although their Medical Orders for Life Sustaining Treatment (MOLST) form indicated a DNR preference, Nurse Practitioner #2's notes documented the resident as Full Code due to the absence of medical orders for advanced directives. Resident #22, also cognitively intact with diagnoses including heart failure and chronic obstructive pulmonary disease, had a care plan indicating a DNR preference, but their MOLST form, signed by the resident and witnessed by a Registered Nurse and a family member, documented a preference for CPR. This discrepancy was not known to the Licensed Practical Nurse Manager until the day of the interview, highlighting a lack of awareness and communication regarding the resident's advanced directives. Resident #29, who was severely cognitively impaired with diagnoses of depression, schizophrenia, and hypertension, had a MOLST form indicating a DNR preference. However, Nurse Practitioner #2's notes documented the resident as Full Code, and there was no evidence of regular review of the resident's code status by a medical provider. The Nurse Practitioner admitted that their documentation system defaulted to Full Code unless specified otherwise, contributing to the inconsistency in the resident's code status documentation.
Failure to Protect Residents' Personal Belongings
Penalty
Summary
The facility failed to protect residents from the misappropriation of their belongings, as evidenced by multiple reports of missing personal items and money from residents. During a Resident Council meeting, several residents reported missing items such as an electric razor, cell phone, and cell phone charger, with no resolutions provided by the facility. The facility's policies on personal property and lost and found require prompt investigation and documentation of missing items, but the facility was unable to provide any documentation of investigations or resolutions for the past year. Specific cases include Resident #28, who was cognitively intact and reported missing several clothing items despite labeling them, and Resident #57, who was moderately cognitively impaired and reported missing clothing, wheelchair padding, a blanket, and $60. Interviews with staff revealed a lack of communication and follow-up on missing items, with some staff unaware of the missing items and others not completing necessary paperwork. The Director of Nursing was not aware of the missing items and expected staff to report and replace them if not found, but no documentation was available to support these actions.
Failure to Provide Timely Transfer Notifications
Penalty
Summary
The facility failed to provide timely written notification of transfer or discharge to residents and their representatives, as well as to the Office of the State Long-Term Care Ombudsman, for three residents who required immediate transfers due to urgent medical needs. The facility's policy, dated March 2021, mandates that such notifications be provided in writing and in a language and manner understood by the resident or their representative. However, the facility did not adhere to this policy for Residents #90, #116, and #371, as there was no documentation of written notices being provided. Resident #371, who was cognitively intact and had diagnoses including adult failure to thrive and chronic kidney disease, was transferred to the emergency department due to difficulty swallowing. Resident #90, with severe cognitive impairment and conditions such as seizure disorder and dysphagia, was transferred to the hospital to address issues with their PEG tube. Resident #116, also cognitively intact and diagnosed with chronic obstructive pulmonary disease and congestive heart failure, was transferred to the hospital by EMS. In all cases, the facility failed to document that written notices of these transfers were provided to the residents or their representatives. Interviews with facility staff revealed confusion and lack of clarity regarding the responsibility for completing and providing transfer notifications. The Director of Nursing initially stated that the Business Office was responsible for these notifications, but later indicated that the Ombudsman was notified monthly via fax. However, the facility was unable to provide documentation of such notifications, citing an inability to access the previous Social Worker's files. This lack of documentation and communication highlights a deficiency in the facility's adherence to regulatory requirements for resident transfer notifications.
Deficiencies in Personal Hygiene and Grooming Assistance
Penalty
Summary
The facility failed to provide necessary assistance for activities of daily living to three residents, leading to deficiencies in personal hygiene and grooming. Resident #87, diagnosed with Lewy body dementia, COPD, and major depressive disorder, was severely cognitively impaired and required extensive assistance with personal hygiene. Despite this, the resident reported having only a few showers over six months and expressed a desire for hair washing during showers instead of using a no-water cap. Observations confirmed the resident's hair appeared oily and unwashed, and there was no documentation of showers or refusals in the electronic health record. Resident #76, with Alzheimer's disease, legal blindness, and hypertension, was also severely cognitively impaired and needed staff assistance for personal hygiene and nail trimming. Despite being scheduled for weekly showers, observations over several days showed the resident remained unshaven with long nails. The Treatment Administration Record indicated only one shower was documented for May, and staff interviews revealed inconsistencies in providing and documenting care. Resident #52, who was cognitively intact but dependent on staff for grooming, expressed a desire for a haircut, which had not been provided due to the absence of a stylist in the facility. The Activities Director confirmed that the last barber had left over a month ago, and there was no system in place to track haircut requests. These deficiencies highlight the facility's failure to ensure residents received necessary services to maintain good grooming and personal hygiene.
Failure to Provide Ear Flushing for Resident with Cerumen Impaction
Penalty
Summary
The facility failed to provide proper treatment to maintain the hearing abilities of a resident, as evidenced by the lack of ear flushing per physician orders. The resident, who was cognitively intact and had diagnoses including chronic obstructive pulmonary disease, diabetes, and hypertension, was found to have significant cerumen impaction in both ears. Despite a physician's order to flush the resident's ears, there was no documentation that this procedure was ever completed, and the resident continued to experience hearing difficulties. Interviews with facility staff revealed a lack of awareness and understanding regarding the order to flush the resident's ears. The Licensed Practical Nurse Manager was unaware of the order and did not know who was responsible for performing the procedure or where the necessary equipment was located. The Director of Nursing confirmed that either a Licensed Practical Nurse or a Registered Nurse could perform the ear flushing but was unable to explain why the order was not carried out. Additionally, the Nurse Practitioner indicated that the facility lacked the necessary equipment, such as an otoscope and curettes, to perform the procedure, and that the medical team was not informed of the need to bring their own equipment.
Failure to Apply Hand Splints for Residents with Limited Range of Motion
Penalty
Summary
The facility failed to ensure that residents with limited range of motion received appropriate treatment and services to prevent further decline. Resident #37, who has dementia, malnutrition, and contractures, was observed multiple times without the recommended hand splints, which were intended to decrease pain and minimize contractures. Despite a care plan and instructions for staff to apply the splints, observations revealed that the splints were not consistently worn, and staff interviews indicated a lack of adherence to the care plan. The resident experienced pain due to joint stiffness, and the splints were noted to reduce pain when applied. Resident #90, with diagnoses including dementia, seizures, and a stroke, also did not consistently wear the prescribed hand splint. The resident's care plan included a schedule for wearing the splint, but observations showed the splint was often not applied. Staff interviews revealed that the splint was not put on due to forgetfulness and lack of continuity in care. The resident's current pain was attributed to the lack of stretching from not wearing the splint, as noted by the occupational therapist. The deficiency was further highlighted by the occupational therapy discharge summaries, which indicated that staff were non-compliant with the splint schedule despite being educated on the procedure. The Director of Nursing acknowledged that the care plan should be followed and any resident refusal should be documented, but there was no indication that the residents refused the splints. The lack of consistent application of the splints contributed to the residents' pain and potential decline in their range of motion.
Deficiency in Respiratory Care for a Resident
Penalty
Summary
The facility failed to provide appropriate respiratory care for a resident, identified as Resident #42, who required oxygen therapy. The resident, who had diagnoses including respiratory failure, congestive heart failure, and hypertension, did not have a physician order for oxygen use, nor was there a person-centered comprehensive care plan for oxygen therapy. Observations revealed that the resident was using an oxygen concentrator that was not functioning properly, as evidenced by a low oxygen saturation level of 86 percent, which improved to 96 percent when switched to an oxygen tank. The facility's policy required verification of a physician's order, a review of the care plan, and ensuring equipment was in good working order, none of which were adhered to in this case. Interviews with facility staff, including Licensed Practical Nurse #5, Licensed Practical Nurse Manager #1, and Registered Nurse Manager #3, confirmed the absence of a physician order and a care plan for the resident's oxygen therapy. Additionally, the Corporate Infection Preventionist acknowledged the lack of preventive maintenance inspections for patient care equipment, including oxygen concentrators. The Director of Nursing was unaware of any concerns related to oxygen administration, despite a quality assurance initiative supposedly in place to ensure proper servicing of oxygen equipment.
Inadequate Pain Management for Resident
Penalty
Summary
The facility failed to provide safe and appropriate pain management for a resident, identified as Resident #52, during a recertification survey and complaint investigation. The resident, who had multiple diagnoses including ankylosing spondylitis, complex regional pain, and schizoaffective disorder, experienced significant pain rated at 9 out of 10, which affected their sleep, rehabilitation therapy participation, and daily activities. Despite having a comprehensive care plan, it lacked person-centered goals and non-pharmacological interventions. The resident's pain medication was not administered as ordered on several occasions, and there was no physician notification regarding these omissions. The Medication Administration Records for April, May, and June 2024 showed multiple instances where the resident did not receive their prescribed doses of Tylenol, Lyrica, and oxycodone. Additionally, there were discrepancies in the administration of oxycodone, with records indicating incorrect dosages and lack of documentation for wasted medication. Interviews with the resident revealed that they experienced increased pain and hallucinations due to missed or partial doses of medication. The resident also reported that non-pharmacological interventions, such as ice or heat therapy, were not offered, and they no longer received patches that previously helped with their pain. The facility's failure to manage the resident's pain effectively was acknowledged by the Registered Nurse Manager, who admitted the care plan was not individualized.
Deficiency in Behavioral Health Services and Care Plan Implementation
Penalty
Summary
The facility failed to provide necessary behavioral health care and services to a resident, as evidenced by the lack of medication changes, an inadequate care plan, and inconsistent psychiatric services. The resident, who has diagnoses including schizoaffective disorder, major depressive disorder with psychotic features, and anxiety disorder, did not receive the recommended medication adjustments. Specifically, the Seroquel dosage changes recommended by telepsychiatry were not implemented in a timely manner, and there was a lack of communication between the telepsychiatry providers and the facility's medical team. Additionally, the resident's comprehensive care plan was not individualized to address their specific behavioral health needs. The care plan lacked person-centered interventions and did not reflect the necessary psychiatric evaluations and follow-up services. The resident also experienced missed telepsychiatry appointments due to the facility's failure to provide the required computer access and clinical staff presence during appointments, further contributing to the inconsistency in psychiatric care. The resident's power wheelchair, damaged due to a facility incident, remained unrepaired, limiting their mobility and contributing to their distress. The facility did not provide evidence of when the wheelchair would be repaired, and the resident reported increased anxiety and depression due to the disorganization of their care. The facility's failure to ensure the resident received appropriate behavioral health services and support for their mobility needs resulted in a deficiency in maintaining the resident's highest practicable physical, mental, and psychosocial well-being.
Non-Compliance with Carbon Monoxide Detection Requirements
Penalty
Summary
The facility was found to be non-compliant with section 915 of the 2015 edition of the International Fire Code as adopted by New York State, which mandates the use of carbon monoxide detection in buildings with fuel-burning appliances. During the Recertification Survey, it was observed that carbon monoxide detectors were absent in the first-floor laundry room and kitchen, despite the presence of three natural gas-powered dryers in the laundry room and a natural gas range in the kitchen. This deficiency was identified through observations and interviews conducted by the surveyor. Interviews with facility staff revealed a lack of awareness regarding the presence and proper placement of carbon monoxide detectors. A laundry employee was unsure if detectors were installed in the laundry room, and the Assistant Food Service Director indicated that a detector was not in its designated location in the kitchen. The facility's records for inspection and testing of carbon monoxide detectors were reviewed, showing monthly signoffs and listings of detector locations, but these did not include the areas where deficiencies were observed.
Survey Results Accessibility Deficiency
Penalty
Summary
The facility failed to ensure that the results of the most recent New York State Department of Health inspection survey were readily accessible to residents, family members, and legal representatives. During a Resident Council Meeting, five alert and oriented residents reported being unaware of the location of the posted survey results. An observation revealed that the sign indicating the availability of the survey report was not visible at wheelchair level, and the survey results were not accessible without requesting them. Furthermore, when the previous three years' survey results were requested, the facility was unable to provide them. Interviews with the Receptionist Supervisor and the Administrator confirmed the deficiency. The Receptionist Supervisor acknowledged that the sign was not placed at a level accessible to individuals in wheelchairs and that only the 2023 recertification survey was available, with no results from the previous three years. The Administrator admitted to not realizing the sign was not at eye level and stated that the receptionist should assist in providing the results if asked. This deficiency was cited under 10NYCRR415.3(d)(1)(vi).
Failure to Provide Medicare Noncoverage Notices
Penalty
Summary
The facility failed to provide the appropriate appeal notices to Medicare beneficiaries prior to the termination of their Medicare benefits for two residents. Resident #12, who was admitted under Medicare Part A services, had their benefits terminated on 12/28/23 but continued to reside in the facility for long-term care services not covered by Medicare. There was no documented evidence that a Notice of Medicare Noncoverage letter was provided to the resident or their representative, informing them of their appeal rights following the termination of their Medicare benefits. Similarly, Resident #534, who was also admitted under Medicare Part A services, was discharged to the community on 4/30/24 without evidence of receiving a Notice of Medicare Noncoverage letter. This letter should have been provided at least two days before the end of their Medicare-covered stay to inform them of their appeal rights prior to discharge. Interviews with the Corporate Director of Resident Services and the Administrator revealed that the responsibility for issuing these notices lay with the Social Worker, or alternatively, the Minimum Data Set Resident Assessment department staff or the Business Office. However, no evidence was available to confirm that the notices were given to the residents or their representatives.
Failure to Complete and Communicate Baseline Care Plans
Penalty
Summary
The facility failed to ensure that a baseline care plan was completed within 48 hours of admission for several residents, as required by their policy. Specifically, for one resident with diagnoses including End Stage Renal Disease, diabetes, and chronic kidney disease, there was no documented evidence of a baseline care plan being completed following admission. This resident had moderately impaired cognition, which underscores the importance of having a care plan in place to address immediate needs. The absence of documentation indicates a lapse in the facility's adherence to its own policy. Additionally, for three other residents with various medical conditions such as diabetes, chronic kidney disease, major depressive disorder, myelodysplastic syndrome, congestive heart failure, and anemia, the facility did not provide evidence that a summary of the baseline care plan was shared with the residents or their representatives. Interviews with staff revealed confusion about who was responsible for presenting the care plan summary, with some believing it was the responsibility of social work or nursing. The Director of Nursing and the Administrator were unaware of any issues related to baseline care plans, indicating a lack of communication and oversight within the facility.
Inconsistent Nurse Staffing Information Posting
Penalty
Summary
The facility failed to ensure that nurse staffing information was posted daily and included all required details, as observed during a Recertification Survey. The posted nurse staffing information consistently lacked the accurate number and total hours worked by both licensed and unlicensed nursing staff responsible for resident care. Additionally, the daily resident census was not documented, and staffing changes throughout the day were not reflected in the postings. Observations on multiple dates revealed that the facility's nurse staffing information was outdated and did not match the actual staffing schedules. Interviews with facility staff highlighted a lack of awareness and communication regarding the posting of nurse staffing information. The Staffing Coordinator admitted to not posting the information on weekends and was unaware of the requirement to update the postings to reflect current staffing per shift and include the resident census. The Director of Nursing also expressed uncertainty about who was responsible for adding the census to the staffing information and was not aware of the inconsistencies in weekend postings or the need for updates throughout the day.
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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