Meadow Park Rehabilitation And Health Center L L C
Inspection history, citations, penalties and survey trends for this long-term care facility in Flushing, New York.
- Location
- 78-10 164th Street, Flushing, New York 11366
- CMS Provider Number
- 335143
- Inspections on file
- 14
- Latest survey
- February 5, 2026
- Citations (last 12 mo.)
- 6
Citation history
Health deficiencies cited at Meadow Park Rehabilitation And Health Center L L C during CMS and state inspections, most recent first.
Surveyors found that the facility repeatedly failed to provide enough nursing staff and RN coverage to meet residents’ assessed needs. The facility’s own assessment showed a high-acuity population requiring extensive assistance with ADLs and specified minimum numbers of licensed nurses and CNAs per shift, but actual schedules and Payroll Based Journal data revealed chronic weekend and shift shortages, including shifts with no RN on duty and significantly fewer CNAs than planned on units with over 40 residents. During a resident council meeting, several residents reported that staffing was short on every shift, that fully dependent residents were sometimes not changed until the next day, that there were times no staff were available to answer calls when the nurse was passing meds, and that showers were missed for several days. The staffing coordinator, DON, and administrator all acknowledged ongoing low staffing and difficulty covering shifts, confirming a sustained failure to meet the facility’s own staffing requirements.
A resident with impaired cognition and hemiplegia sustained a nasal fracture after falling from bed during morning care when a CNA provided care alone instead of the required two-person assist. The CNA did not review the electronic medical record for updated care instructions prior to providing care, resulting in inadequate supervision and a preventable accident.
A resident with severe cognitive impairment sustained a facial laceration and swelling after a physical altercation with a cognitively impaired roommate, who was found holding a detached wheelchair leg rest. Staff could not explain how the leg rest became accessible, and interviews revealed inconsistent storage practices for wheelchair parts. The facility did not investigate the source of the leg rest or implement measures to prevent recurrence.
The facility did not submit the results of an abuse investigation involving two cognitively impaired residents within the required five working days, as the final report was sent late despite policy and regulatory requirements. The incident involved a resident sustaining a laceration and swelling after a verbal disagreement, and the delay in reporting was acknowledged by the DON.
A deficiency occurred when a resident with severe cognitive impairment sustained a facial injury after an altercation with another resident, who was found holding a wheelchair leg rest. The facility's investigation did not determine how the leg rest became accessible or implement measures to prevent similar incidents, despite staff uncertainty about wheelchair component storage and handling.
A resident with dementia and a history of falls was found on the floor next to their bed. After evaluation, a physical therapist recommended a floor bed, but the care plan was not updated to reflect the fall or the new intervention. Documentation did not confirm whether the floor bed was provided, and the fall risk assessment did not accurately record the incident. Staff interviews confirmed the care plan was not revised as required.
The facility failed to develop and implement a comprehensive care plan for a resident's anticoagulant therapy, despite the resident being prescribed Eliquis and Aspirin for Atrial Fibrillation upon admission. Interviews with staff revealed that the care plan should have been initiated and reviewed but was not, leading to the identified deficiency.
The facility failed to ensure that drugs and biologicals were safe and secure, with antibiotic solutions and intravenous fluids found in unlocked cabinets and medications left unsecured on the medication cart. Staff acknowledged the lack of proper storage and ongoing issues with locks.
A CNA was observed assisting multiple residents with hand hygiene without performing hand hygiene in between residents and touching the inside of cups while preparing beverages. Despite the facility's policy on Infection Surveillance and recent hand hygiene training, these actions were not in accordance with professional standards for food service safety.
The facility failed to report suspected abuse involving two residents in a timely manner, resulting in a delay of more than 48 hours before notifying the Department of Health about an incident where one resident sustained a 4-centimeter hematoma on their forehead.
Ongoing Insufficient Nursing and RN Coverage Leading to Unmet Resident Care Needs
Penalty
Summary
The deficiency involves the facility’s failure to provide sufficient nursing staff on a consistent basis to meet residents’ needs and to have a licensed nurse in charge on each shift, as required by its own facility assessment and staffing plans. The facility assessment documented a bed capacity of 143 residents with an average daily census of 134, most of whom had reduced physical function, behavioral health needs, and required assistance of one to two staff for activities of daily living. Based on this acuity, the assessment identified a need for 17 licensed nurses providing direct care and 36 CNAs at any given time, and the general staffing plans called for specific CNA coverage on each shift for Units 1, 2, and 3. Despite these identified needs, review of Payroll Based Journal data and actual staffing schedules from July 2025 through early February 2026 showed repeatedly low weekend staffing and documented shortages of both licensed nurses and CNAs. On multiple dates, the number of CNAs who actually worked was significantly lower than the number scheduled, including instances where only one CNA worked a night shift on a unit with 44 residents, and where only two CNAs worked evening shifts on units with census counts in the low 40s despite higher scheduled numbers. On numerous weekend and day shifts across several months, there were no RNs working on Units 1, 2, and 3 even though two or three RNs had been scheduled, resulting in shifts without the RN coverage that the facility’s own plans required. Resident reports and staff interviews further substantiated the ongoing staffing deficiencies. During a Resident Council meeting, several residents stated that the facility was short staffed on every shift, reporting that totally dependent residents were often not changed until the next day, that at times there was no staff available to answer phone calls or questions when the nurse was busy passing medications, and that staffing had been so poor in recent months that some residents did not receive showers for several days. The Staffing Coordinator and the DON both acknowledged awareness of low nursing staffing since the previous year, attributing it in part to last-minute call-outs that were difficult to replace. The Administrator also acknowledged that having sufficient nursing staff was a challenge. These observations, records, and interviews collectively demonstrate that the facility did not consistently meet its assessed minimum staffing levels or ensure a licensed nurse in charge on each shift, resulting in unmet resident care needs.
Failure to Provide Required Supervision and Assistance During Resident Care
Penalty
Summary
A deficiency occurred when a resident with a history of stroke, hemiplegia, and moderately impaired cognition sustained a fall resulting in a nasal fracture during morning care. The resident's care plan required a two-person physical assist for bed mobility due to their condition, but Certified Nurse Aide (CNA) #1 provided care alone. CNA #1 did not log into the electronic medical record to review the resident's current care needs before providing care, as required by facility policy and orientation training. During the incident, the resident was turned and rolled out of bed, falling to the floor and sustaining injuries that required hospital transfer. Facility documentation and interviews confirmed that CNA #1 was not familiar with the updated care plan and did not follow the required protocol for checking care instructions prior to providing hands-on care. The charge nurse and Director of Nursing both stated that staff are expected to review electronic records for each resident's care requirements before beginning care. The failure to provide the required level of assistance and to follow established procedures directly led to the resident's fall and injury.
Failure to Prevent Resident-to-Resident Physical Altercation Resulting in Injury
Penalty
Summary
A deficiency occurred when the facility failed to protect a resident from abuse and neglect, as required by regulation. On the evening of the incident, a Licensed Practical Nurse responded to a loud noise coming from a shared room and found one resident holding a wheelchair leg rest and the other resident sitting on the floor with a laceration and swelling to the left side of the face. The injured resident was subsequently transferred to the hospital, where medical records confirmed facial and periorbital soft tissue swelling and a laceration that required repair. Both residents involved had severe cognitive impairment and a history of dementia, with one having a documented behavior care plan for aggressive and wandering behaviors. Facility staff, including nursing and certified nursing assistants, were unable to explain how the resident came into possession of the wheelchair leg rest used in the altercation. Interviews revealed inconsistent practices regarding the storage of wheelchair leg rests, with some staff stating that leg rests were left on the wheelchair seats, in the room, or in the hallway. The Director of Nursing and other staff members confirmed that there was no prior history of altercations between the two residents and that the incident was considered unpredictable and unforeseeable. However, the facility did not investigate how the leg rest became accessible to the resident or implement interventions to prevent similar incidents. The facility's abuse prevention policy required ongoing assessment and monitoring for signs of abuse, but the care plan interventions in place did not prevent the incident. Staff interviews indicated a lack of clarity and consistency in the handling and storage of wheelchair components, which contributed to the resident's ability to access the leg rest. The facility's investigation concluded that there was no evidence of abuse, neglect, or mistreatment, but the survey findings documented a failure to ensure the resident's right to be free from abuse and neglect.
Delayed Submission of Abuse Investigation Results
Penalty
Summary
The facility failed to ensure that the results of an investigation into an alleged incident involving two residents were reported to the State Survey Agency within the required five working days. The incident involved a loud verbal disagreement between two residents, both with severe cognitive impairment, resulting in one resident being found on the floor with swelling and a laceration to the left eye, and the other resident holding a wheelchair leg rest. The initial report of the incident was made to the Department of Health shortly after the event, but the final investigation results were not submitted until eight days after the incident, exceeding the five-day regulatory requirement. Facility policy required the Director of Nursing or designee to complete the investigation summary and ensure all alleged abuse was reported to the Department of Health and the Administrator. Despite this, the final investigation summary and findings were not submitted within the mandated timeframe. The Director of Nursing acknowledged that the final investigation should have been submitted one day earlier than it was, confirming the delay in reporting as a deficiency.
Failure to Investigate and Prevent Resident Injury Involving Wheelchair Leg Rest
Penalty
Summary
A deficiency was identified when the facility failed to thoroughly investigate an incident involving two residents with severe cognitive impairment who shared a room. On the evening of the incident, a Licensed Practical Nurse responded to a loud noise and found one resident sitting on the floor with a laceration and swelling to the left side of the face, while the other resident was standing nearby holding a wheelchair leg rest. The injured resident was assessed and subsequently transferred to the hospital, where soft tissue swelling and a hematoma were confirmed. The second resident was also evaluated at the hospital and found to have no physical injuries. The facility's investigation did not determine how the resident obtained the wheelchair leg rest or where it originated from. Interviews with staff, including the Director of Nursing and Registered Nurse Supervisors, revealed uncertainty about the source of the leg rest and the storage practices for wheelchair components. Staff reported that wheelchair leg rests were sometimes left attached to wheelchairs, placed on seats, or stored in various locations such as storage rooms, hallways, or resident rooms. Despite these findings, the investigation did not address the accessibility of the leg rest or implement any interventions to prevent recurrence. The facility's policy required immediate and thorough investigation of all alleged abuse, including examination of the environment for items involved in the incident. However, documentation showed that the investigation did not include a review of how the leg rest became accessible to the resident or any preventive measures. The Director of Nursing acknowledged that no interventions were put in place following the incident, and this was the first such occurrence involving a wheelchair leg rest at the facility.
Failure to Timely Update Care Plan After Resident Fall
Penalty
Summary
The facility failed to ensure the timely review and revision of a resident's comprehensive, person-centered care plan following a fall incident. A resident with a history of acute respiratory failure, dementia, and hypertension, and identified as having a low to moderate fall risk, was found on the floor next to their bed. The care plan in place prior to the incident included general fall prevention interventions, but there was no documented evidence that it was updated after the fall event. Following the fall, the resident was evaluated by a physical therapist who recommended the use of a floor bed as an intervention. Although this recommendation was communicated to nursing staff and discussed in a morning meeting, there was no documentation that the care plan was revised to include the floor bed intervention. Additionally, there was no evidence in the records to confirm whether the floor bed was provided to the resident. The facility's policies require that care plans be revised as resident conditions change and that interventions be updated after a fall. However, the fall risk assessment completed after the incident did not accurately reflect the resident's fall history, and the care plan was not updated to address the new risk or recommended interventions. Interviews with staff confirmed that the omission was due to oversight and that the care plan should have been updated following the fall.
Failure to Develop Comprehensive Care Plan for Anticoagulant Therapy
Penalty
Summary
The facility did not ensure that a person-centered comprehensive care plan (CCP) was developed and implemented to address a resident's medical, physical, mental, and psychosocial needs. Specifically, there was no comprehensive care plan developed and implemented for a resident's use of anticoagulant therapy. This deficiency was identified during a Recertification/Complaint Survey, where it was found that the resident, who had severe cognitive impairment and was prescribed anticoagulant medication, did not have a care plan addressing this therapy. The facility's policy required an individualized CCP to be developed for each resident, but this was not done for the resident's anticoagulant therapy, despite the resident being prescribed Eliquis and Aspirin for Atrial Fibrillation upon admission. Interviews with facility staff, including a Registered Nurse Supervisor and the Director of Nursing, revealed that the care plan for anticoagulant therapy should have been initiated upon the resident's admission. The Registered Nurse Supervisor acknowledged the absence of the care plan and indicated that it was the responsibility of the Admission Nurse to initiate it. The Director of Nursing confirmed that the care plan should have been reviewed for completion by the Registered Nurse Supervisor the day after admission. Despite these procedures, the care plan for anticoagulant therapy was not developed, leading to the identified deficiency.
Unsecured Medications and Intravenous Fluids
Penalty
Summary
The facility did not ensure that drugs and biologicals were safe and secure to protect from unauthorized access. Specifically, antibiotic solutions and intravenous fluids were located in unlocked cabinets in the nurse's station on the 3rd floor, where both authorized licensed staff and unauthorized staff were noted entering the area. Additionally, medications were observed to be left out on the medication cart unsecured. This was evident during the Medication Storage Task on Unit 2 and Unit 3. Registered Nurse #3 was observed taking intravenous solutions and antibiotics from an unlocked drawer and administering them to a resident. The nurse stated that the medications were stored in the nurse's station due to ongoing reconstruction and acknowledged that the medications needed to be secured. Maintenance workers were observed attempting to install and repair locks on the drawers, but issues with the locks persisted. On Unit 2, the medication cart was observed placed in the hallway, sometimes unattended, with multiple medications unsecured on top of the cart. Licensed Practical Nurse #2 and Registered Nurse #2 both acknowledged that there was not enough space in the medication cart to store the medications inside, and that the medications should not have been left unsecured. The facility's policy on the storage of drugs, revised in December 2023, requires all medications to be stored in locked cabinets or rooms, inaccessible to residents and visitors, and accessible only to designated personnel. However, the observations and interviews indicated that this policy was not being followed, leading to the deficiency noted in the report.
Failure to Adhere to Food Service Safety Standards
Penalty
Summary
The facility did not ensure food was prepared and served in accordance with professional standards for food service safety to prevent foodborne illness. Specifically, a Certified Nursing Assistant (CNA) was observed assisting multiple residents with hand hygiene using bare hands without performing hand hygiene in between residents. The CNA was also observed touching the inside of paper and plastic cups while preparing beverages for residents at the lunch meal on the 2nd floor. These actions were observed during the Dining Task in one of the three dining rooms. The facility's policy on Infection Surveillance, revised in October 2023, requires staff to perform hand hygiene and handle food and beverages in a manner that prevents contamination. Despite this policy, the CNA did not follow proper hand hygiene protocols, as confirmed by interviews with the CNA, a Registered Nurse, and the Infection Preventionist. The Infection Preventionist noted that hand hygiene in-service training was conducted in December 2023, and they perform daily rounds to monitor compliance. However, the observed deficiencies indicate a failure to adhere to these standards, potentially compromising resident safety.
Failure to Timely Report Suspected Abuse
Penalty
Summary
The facility did not ensure that all alleged violations involving abuse, neglect, exploitation, or mistreatment were reported to the State Survey Agency in a timely manner. Specifically, the facility failed to report suspected abuse that resulted in a resident sustaining a 4-centimeter hematoma on the right side of their forehead. This incident involved two residents, where one resident threw a plastic bottle that hit the other resident, causing the injury. The incident was reported to the New York State Department of Health more than 48 hours after it occurred, which is beyond the required reporting timeframe. Interviews and record reviews revealed that the incident occurred around 1 AM, but the Director of Nursing was not notified immediately. The Registered Nurse Supervisor and the former Director of Nursing both acknowledged the delay in reporting the incident. The facility's policy mandates that abuse should be reported immediately, and major injuries or abuse should be reported within 2 hours. However, the incident was not reported to the Department of Health until more than 48 hours later, indicating a failure to adhere to the required reporting protocols.
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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