Long Island State Veterans Home
Inspection history, citations, penalties and survey trends for this long-term care facility in Stonybrook, New York.
- Location
- 100 Patriots Road, Stonybrook, New York 11790
- CMS Provider Number
- 335758
- Inspections on file
- 21
- Latest survey
- March 11, 2025
- Citations (last 12 mo.)
- 0
Citation history
Health deficiencies cited at Long Island State Veterans Home during CMS and state inspections, most recent first.
A recertification survey found that the facility did not ensure vertical ventilation duct penetrations through floors were protected with a minimum 1-hour fire resistance rating, as required by NFPA 101 and NFPA 90A. The issue was acknowledged by facility personnel, who stated that a project to address the deficiency was in the planning phase. A Time Limited Waiver from CMS was in place, set to expire in 2026.
A resident did not have their mouth rinsed after receiving a Symbicort inhaler, a steroid medication, as per physician's orders. The LPN administering the medication admitted to being nervous, leading to the oversight. The facility's policy requires rinsing the mouth to prevent oral thrush, a potential side effect of the medication.
The facility did not submit a Criminal History Record Check (CHRC) 105 Form to the NYSDOH within the required 30-day timeframe for an employee who received a negative determination Hold in Abeyance letter. The employee was removed from their position, but the facility's policy did not specify a timeframe for submitting the form, leading to the deficiency.
A facility failed to submit a resident's Significant Change MDS assessment to CMS within the required 14-day period, resulting in a 35-day delay. The resident had conditions including Atrial Fibrillation and Heart Failure. The delay was due to reliance on a software system that did not list the assessment as due for transmission, and the facility's policy lacked specific timeframes for submission.
Non-compliance with Fire Resistance Standards for Ventilation Ducts
Penalty
Summary
During a recertification survey, it was observed that the facility failed to ensure that vertical ventilation duct penetrations passing through floors were protected in accordance with NFPA 101 and NFPA 90A standards. Specifically, the resident toilet exhaust ducts extending vertically from the first floor through the third floor were not enclosed with a minimum fire resistance rating of at least 1 hour. This deficiency was noted during the Life Safety Code survey conducted between March 5 and March 6, 2025. In an interview conducted on March 5, 2025, at 10:00 am, the facility's Engineering, Support, Administration, and Life Safety Personnel acknowledged that a project to address this issue was in the planning phase. This project included capital procurement, design, and permit application to install fire-rated dampers at the floor penetration of the vertical ventilation ducts. The facility had received an approved Time Limited Waiver from CMS to comply with the prescriptive code requirement, which is set to expire on October 10, 2026.
Plan Of Correction
Plan of Correction: Approved March 28, 2025 I. The following actions were accomplished for the residents identified in the sample: No residents were identified in the Statement of Deficiencies. II. The following corrective actions will be implemented to identify other residents who may be affected by the same practice: The facility acknowledges that all residents have the potential to be affected by this practice. III. The following measures and/or systemic changes will be implemented to ensure the deficient practice identified does not recur: Long Island State Veterans Home (LISVH) continues to utilize the Time Limited Waiver approved by CMS on (MONTH) 3, 2025, to address deficiency K-521. Listed below is the project update related to deficiency K-521: LISVH has secured an approved Veteran Affairs Construction Grant to fund the corrective actions required to address the K-521 HVAC bathroom exhaust deficiency. LISVH completed the bidding process to select a consultant to facilitate the design to correct the K-521 deficiency. The design was completed and sent to DOH for CON approval. The DOH approved the project CON on 1/14/2024. LISVH has generated the bid package and selected a construction contractor as well as the electrical vendor for the project. The electrical vendor contract has been awarded. LISVH purchasing department is preparing the construction contract for submittal to the NYS Office of Attorney General (AG) and NYS Office of State Comptroller (OSC). Upon receipt of approval from the NYS Office of Attorney General (AG) and NYS Office of State Comptroller (OSC), LISVH will finalize contract award and work to commence construction. Construction is estimated to begin (MONTH) 2025. LISVH Building Safety Features: - The building is fully sprinklered with quick action heads throughout the facility. - The building is protected by smoke detection and fire alarm pull stations. - Each floor is separated into multiple smoke compartments in the event of an emergency and relocation is required. LISVH additional fire safety protocols: - Staff are trained on Fire Safety upon hire; additional departmental Fire safety training will be conducted annually by the safety specialist and staff will undergo additional training on environment of care and safety, utilizing the facilities electronic education system. - Increase frequency of fire drills for all shifts. - Conduct training related to emergency management and evacuation drills. - Areas under construction will be assessed daily to ensure combustibles are removed and the area is neat and organized, prior to leaving the site each day and more frequently if necessary. - Fire protection system impairment policy shall be implemented in the event of a fire system impairment. - Require a Hot Work Permit. - In the event a partial or full evacuation is necessary, the facility in coordination with the fire department would initiate the necessary facility evacuation plan. This evacuation would occur with evacuating the Residents closest to the fire and then the floors above and below where the fire is located followed by the residents further away from the fire. The residents with higher acuity will be relocated within our facility or nearest hospital and then residents with lower acuity will be evacuated to alternate locations or facilities until the fire department is able to give further direction on the scope and severity of the fire. IV. The facility’s compliance will be monitored utilizing the following quality assurance system: The facility will provide updates on the Bathroom Exhaust Project to the LISVH QAPI Committee. V. Responsibility: Director of Support Services
Failure to Rinse Mouth After Symbicort Administration
Penalty
Summary
The facility failed to implement a comprehensive person-centered care plan for a resident, specifically during the administration of medication. On March 6, 2025, during a medication pass observation, a Licensed Practical Nurse (LPN) did not rinse the mouth of a resident after administering a Symbicort inhaler, which is a steroid medication. This omission was contrary to the physician's orders and the facility's medication administration policy, which requires rinsing the mouth to prevent oral fungal infections. The resident, who was cognitively intact, had a diagnosis of Chronic Obstructive Pulmonary Disease and was prescribed Symbicort to be administered twice daily with a directive to rinse the mouth after use. The LPN admitted to being nervous, which led to the oversight. Interviews with the Registered Nurse Educator and the Director of Nursing Services confirmed that the mouth rinse was a necessary step to prevent potential side effects such as oral thrush. The facility's policy clearly outlined the responsibilities of licensed nurses to be aware of medication administration standards, including the need to rinse the mouth after administering steroidal inhalation medications.
Plan Of Correction
Plan of Correction: Approved March 28, 2025 **NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** I. The following actions were accomplished for the residents identified in the sample: Upon notification from the NYS Surveyor that the Licensed Practical Nurse (LPN) failed to rinse resident # 260’s mouth, as per the physician order, the LPN immediately rinsed resident # 260’s mouth as ordered. Resident # 260 was seen and examined by the attending physician (MD) on 3/10/2025 at 1:22 pm. The MD documented that there was no evidence of thrush or oral plaques noted. In addition, beginning on 3/10/2025, the nurse who was observed, as well as all other medication administration nurses, were re-educated regarding the need to rinse resident’s mouths after administering steroid inhalation medications. II. The following corrective actions will be implemented to identify other residents who may be affected by the same practice: The facility acknowledges that all residents who have an order for [REDACTED]. The facility’s Director of Pharmacy (DOP) will generate a list of all residents who have active orders for all inhalation type of medications by 03/28/2025. The DOP will indicate which of these residents have an inhalation medication that is in the steroidal drug class. Beginning on (MONTH) 31, 2025, the Nursing Informatics Coordinator will review all MD orders for steroidal inhalers to ensure that the order includes directives to rinse the resident’s mouth after administration. Beginning on (MONTH) 1, 2025, the Nursing Educators will conduct medication administration competencies on all facility nurses who are administering steroidal medications to residents to ensure that they are following physician orders, and rinsing the residents mouths after administration. III. The following system changes will be implemented to ensure continuing compliance with the regulations, and that the same deficient practice does not recur: The Interdisciplinary Team (IDT) reviewed the policy and procedure titled “Medication Administration” on 03/20/2025. There were no necessary changes to the Policy and Procedure upon review. The policy and procedure titled “Medication Administration” was further reviewed by the Director of Nursing, Medical Director and Facility Administrator on 03/24/2025 and approved on 03/24/2025. Beginning on (MONTH) 7, 2025, the Nursing Educators will conduct re-education sessions regarding aspects of medication administration to all facility licensed nursing staff (RN and LPN). The education will include, at minimum, the rights of medication administration, reviewing the MD orders prior to administering medications, a brief review of different types of drug classifications and the importance of rinsing residents mouths after administering steroidal inhalation medications. This education will be completed by (MONTH) 2, 2025. IV. The facility’s compliance will be monitored using the following quality assurance system: Effective (MONTH) 2025, under the direction of the Quality Assurance and Performance Coordinator (QAPI) the facility developed an audit tool to ensure that nurses administering steroidal inhalation medications are correctly following MD orders to rinse residents mouths after administering the medication. Each month the pharmacist will generate a list of residents who are currently receiving a steroidal inhalation medication. These residents will be added to the developed audit tool to ensure compliance. The Nurse Educators, or designees, will complete a competency assessment on all licensed nurses responsible for medication administration on a monthly basis, based on the list of residents identified by the pharmacist. Deficient practices will be corrected immediately, and nurses who fail to adhere to the MD orders for steroidal inhalation medication will be directed to the nursing education classroom for formal re-education and competency before they are permitted to administer any type of medication to facility residents. These audits will be completed monthly for three (3) months and quarterly for three (3) consecutive quarters, and will be conducted across all shifts. All audit findings will be reported to the facility Administrator and Director of Nursing (DON) following completion. The DON will report results of the audits at the facility’s quality assurance and performance improvement committee meeting. The compliance standard will be set to 100%. At the end of the third quarter, the QAPI committee will meet to review the results of the completed audits and discuss the need for further audits and at which frequency. Corrective action will be implemented as needed after the QAPI review of the audits. Responsibility: Director of Nursing
Failure to Submit CHRC 105 Form in Required Timeframe
Penalty
Summary
The facility failed to ensure that a Criminal History Record Check (CHRC) 105 Form was submitted within the required 30-day timeframe to the New York State Department of Health (NYSDOH) for an employee. This deficiency was identified during a recertification survey, where it was found that the facility received a negative determination Hold in Abeyance letter for an employee on January 8, 2025. The employee was removed from their position on the same day and did not return to work as of March 10, 2025. However, the facility did not submit the required CHRC 105 Form to the NYSDOH within the stipulated 30 days to terminate the employee from the CHRC system. The facility's policy on Criminal Background Checks, last revised in July 2023, assigned the responsibility of timely reporting of all terminations to the Human Resources Department, but did not specify a timeframe for submitting the CHRC 105 Form. During interviews, the Director of Human Resources stated that they did not submit the form because the employee had not received a Denial letter and could potentially return to work if cleared. The Administrator acknowledged that the form should have been submitted within 30 days of receiving the negative determination letter and indicated that the policy would be updated to include the timeframe for submission.
Plan Of Correction
Plan of Correction: Approved March 28, 2025 The following actions were accomplished for the residents identified in the sample: There were no residents identified by this deficient practice. A Criminal History Record Check (CHRC) form 105 for employee #6, who received the Hold in Abeyance letter, was submitted to CHRC on 03/06/2025 which removed them from the CHRC system. II. The following corrective actions will be implemented to identify other residents who may be affected by the same practice: The facility acknowledges that all residents may be affected by this deficient practice if employees who receive hold in abeyance letters are not removed from the CHRC system. On 03/27/2025 the Director of Human Resources reviewed all employees who are pending clearance for employment on the CHRC roster. There were zero (0) employees who have received a negative determination letter from CHRC requiring removal from employment at the Long Island State Veterans Home, and from the CHRC system. III. The following system changes will be implemented to assure continuing compliance with the regulations, and that the same deficient practice does not recur: The policy and procedure titled “Criminal Background Checks- Non-Licensed Personnel” was reviewed by the Interdisciplinary team (IDT). The IDT recommended that the policy be revised to contain language specifying the required time frame for employee removal from the CHRC system as per the regulations under 402.9(b)(2). Specifically, the policy was revised to state “LISVH Human Resources must immediately, but not later than 30 calendar days after the event, notify the Department when an individual is subject to CHRC via 103 submissions; and an individual is no longer subject to CHRC via 105 termination. Terminations include when an employee is no longer subject to CHRC; is no longer employed by the provider; employee death; or when a prospective employee is no longer being considered by the provider. In addition, all employees who receive a “Hold in Abeyance Letter” will be removed from the CHRC system within 30 days. In addition, the policy was revised to include a change in procedure, that no person who is offered employment at the LISVH will be permitted to commence employment without a favorable CHRC legal determination. The facility administrator, Director of Nursing and Medical Director reviewed the revised policy and approved the additional language on 03/26/2025. Beginning on 03/26/2025, the Director of Human Resources educated all Human Resources staff on the revised policy and procedure titled “Criminal Background Checks- Non-Licensed Personnel.” This education will be completed by 03/28/2025. IV. The facility’s compliance will be monitored using the following quality assurance system: Effective (MONTH) 2025, under the direction of the Quality Assurance and Performance Coordinator (QAPI) the facility developed an audit tool to ensure that employees have a favorable CHRC legal determination in their employee record prior to commencing employment. The Director of Human Resources, or authorized Human Resources staff member prior to each orientation class will review the roster of scheduled new hires to ensure that all individuals have a favorable CHRC legal determination. Individuals who do not have favorable CHRC legal determinations will not be permitted to commence employment. The compliance standard will be set to 100%. This audit will be completed for each orientation for 12 calendar months. The Human Resources staff will report audit findings during the facility’s QAPI committee meetings. At the end of the audit period the QAPI committee will review the results of the completed audits and discuss the need for further audits and at which frequency. Corrective action will be implemented as needed after the QAPI committee review of the audits. Responsibility: Director of Human Resources
Delayed Submission of MDS Assessment
Penalty
Summary
The facility failed to ensure that all completed Minimum Data Set (MDS) assessments were transmitted to the Center for Medicare and Medicaid Services (CMS) within the required 14-day timeframe. This deficiency was identified during a recertification survey for a resident who had a significant change in condition. The resident, who had diagnoses including Atrial Fibrillation, Chronic Obstructive Pulmonary Disease, and Heart Failure, had a Significant Change MDS assessment completed on January 16, 2025. However, the assessment was not submitted to CMS until March 6, 2025, which was 35 days after completion. The delay in submission was attributed to the facility's reliance on a software system that tracks MDS assessment schedules. The system failed to generate a report listing the resident's assessment as due for transmission, leading to the oversight. Interviews with the MDS Director and Assistant Director revealed that they depended on the system to provide due dates for submissions, and the error was not identified until the survey. The facility's policy did not specify the timeframe for MDS completion and transmission, contributing to the oversight.
Plan Of Correction
Plan of Correction: Approved March 28, 2025 I. The following actions were accomplished for the residents identified in the sample: The Minimum Data Set (MDS) for Resident #25 dated 1/10/25 and completed on 1/16/2025 was supposed to be submitted by 1/22/2025. The MDS director submitted this MDS on 3/6/2025, and it was accepted by the system. II. The following corrective actions will be implemented to identify other residents who may be affected by the same practice: The facility acknowledges that all residents who have MDS assessments completed have the potential to be affected by the same deficient practice. On (MONTH) 27, 2025, the MDS director generated a report of all MDS assessments that have not been submitted to ensure that there were no assessments that were late to be transmitted. There were no assessments (MDS) that were late to be transmitted. III. The following system changes will be implemented to ensure continuing compliance with the regulations, and that the same deficient practice does not recur: The interdisciplinary team (IDT) reviewed the policy and procedure, on 03/24/2025, titled “MDS 3.0 Completion”. The IDT recommended adding to the responsibilities of the MDS director the following statement: Submit the MDS to both the CMS database as well as the state veterans home (SVH) databases within the timeframes established within the Resident Assessment Instrument guidelines as well the regulation under 483.20 (f)(1)-(4). In addition, the following statement was added: The MDS director, or designee will, generate the list for submission for all MDS assessments that are completed at a minimum, on a weekly basis. This list will be compared to the MDS calendar which contains all resident assessments that are scheduled, and is prepared by the MDS staff after reviewing the previously completed assessments. This will ensure that all MDS assessments which are due to be completed are submitted timely. The Facility Administrator, Director of Nursing and Medical Director reviewed the policy on 03/24/2025 and approved the addition. Beginning on 03/25/2025, the Director of Nursing (DON) re-educated all MDS staff members regarding the policy and procedure for MDS completion, including the change to the submission guidelines. This education will be completed by 03/28/2025. IV. The facility’s compliance will be monitored using the following Quality Assurance system: Effective (MONTH) 2025, under the direction of the Quality Assurance and Performance Coordinator (QAPI) the facility developed an audit tool to ensure that all completed MDS assessments are transmitted as per the RAI guidelines as well as the regulations under 483.20 (f) (1)-(4). Each week the MDS Director, or designee, will generate a list of all completed MDS assessments. They will compare the list of completed assessments to the MDS calendar to ensure that all scheduled assessments due for completion are completed and ready for transmission. Residents that have a completed MDS will be added to the audit tool to ensure compliance with transmittal. If MDS assessments are found to be past the required deadline for transmittal, the facility administrator, Director of Nursing, and Chief Financial Officer (CFO) will be notified immediately. Re-education will be provided to the MDS staff member, by the DON, if any MDS assessments are found to be past the required deadline for transmittal. The MDS director or designee will transmit all MDS assessments that are required to be transmitted. Following transmittal, the MDS director or designee will review the “MDS 3.0 NH Final Validation Report” to ensure that there were no assessments that contained errors or rejections. Any assessments that do contain errors or rejections will be reviewed and transmitted the same day as the original transmittal. These audits will be completed weekly for six (6) months, and then quarterly for two (2) consecutive quarters. The compliance standard will be set to 100%. At the end of the second quarterly audit, the QAPI committee will meet to review the results of the completed audits and discuss the need for further audits, and at which frequency. Corrective action will be implemented as needed after the QAPI committee review of the audits. Responsibility: MDS Director
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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