Northern Riverview Health Care, Inc
Inspection history, citations, penalties and survey trends for this long-term care facility in Haverstraw, New York.
- Location
- 87 South Route 9w, Haverstraw, New York 10927
- CMS Provider Number
- 335418
- Inspections on file
- 18
- Latest survey
- March 2, 2026
- Citations (last 12 mo.)
- 9
Citation history
Health deficiencies cited at Northern Riverview Health Care, Inc during CMS and state inspections, most recent first.
A resident with dementia and significant ADL assistance needs developed right knee pain and swelling during repositioning, leading to a STAT x-ray that identified an acute nondisplaced tibial plateau fracture, a serious bodily injury. The injury was identified and the resident was transferred to the hospital, but the facility did not notify the State agency within the required 2-hour timeframe and instead reported the incident the following day, documenting an incorrect incident date. The facility also failed to submit the required investigative report within 5 working days of identifying the injury, instead submitting it nearly two weeks later, after delays related to internal documentation practices and waiting for State confirmation.
Surveyors found that the facility failed to conduct complete investigations into injuries of unknown origin for two residents. One resident with dementia and severely impaired cognition developed a forehead hematoma, but the facility did not obtain statements from staff on prior shifts, did not interview the roommate who was present, and did not document whether abuse, neglect, or mistreatment was considered or ruled out, despite policy requirements for comprehensive staff and witness statements and a clear investigative conclusion. Another resident with dementia and significant transfer-assistance needs was found to have an acute right tibial plateau fracture after reporting knee pain, yet CNA statements lacked dates, identifying information, shift times, and descriptions of the care and transfers provided, and staff interviews revealed conflicting accounts about whether a Hoyer lift or stand-and-pivot transfer was used. The investigation did not include review of the resident’s transfer care plan, did not evaluate the reported Hoyer lift transfer, and did not identify all staff involved or the circumstances of the transfers across shifts, leaving the cause of the injury undetermined.
A resident with dementia, severe cognitive impairment, and a history of wandering and falls required supervision with ambulation and had a care plan intervention for enhanced monitoring for safety after being found with a forehead hematoma of unknown origin. Staff and a roommate reported that the resident frequently walked the secure unit, entered other residents’ rooms, did not stay in bed, and was difficult to redirect. Despite this, staff interviews showed inconsistent awareness and use of enhanced monitoring, with one LPN stating the resident was only on a wandering checklist. Review of the enhanced monitoring tool revealed missing staff initials and absent supervisory signatures, and the DON acknowledged that the resident ambulated independently without staff accompaniment and that no one witnessed the incident leading to the injury.
A resident with severe cognitive impairment developed redness in the right eye, which was first identified by a family representative rather than staff. Facility staff did not document an assessment or notify the family of the change in condition prior to the family member's observation, and an RN supervisor ordered antibiotic eye drops without a documented assessment.
A resident with severe cognitive impairment was allegedly punched in the face by another resident, and the facility failed to report the incident to the State Department of Health or law enforcement within the required timeframe, despite being aware of the allegation and initiating an internal investigation.
A resident with severe cognitive impairment was allegedly punched in the face by another resident, and the facility failed to report the abuse allegation to the State Agency or law enforcement as required by policy and regulation. Although the incident was internally investigated, there was no documentation of timely external reporting, and facility leadership acknowledged the reporting failure.
A resident with severe cognitive impairment developed right-eye redness and was started on ciprofloxacin ophthalmic drops, but the care plan was not updated to include new, measurable interventions or goals related to this change in condition. The care plan still reflected previous concerns and did not address the current infection or treatment, and staff interviews revealed confusion about responsibility for care plan updates due to the absence of a charge nurse.
A resident with severe cognitive impairment developed right eye redness, which was first reported by a family member. Nursing staff did not document an assessment, provider notification, or clinical rationale for ordering antibiotic eye drops, and the resident was not evaluated by a medical provider until several days later, when a subconjunctival hemorrhage was diagnosed.
A resident with severe cognitive impairment and multiple diagnoses received antibiotic eye drops after a family member reported eye redness, but there was no documented nursing or physician assessment at the time the order was entered. The treatment was started without a provider evaluation, and the resident was not seen by a medical provider until several days later, contrary to facility policy requiring timely physician review and documentation.
The facility did not ensure immediate reporting of alleged abuse, neglect, or theft, nor did it submit required investigative conclusions to the Department of Health for three incidents involving residents with cognitive and physical impairments. These incidents included allegations of staff abuse, resident-to-resident sexual exposure, and concerns about a CNA's roughness and lack of empathy. Both the DON and Administrator were unaware that the required reports had not been submitted.
Care plans were not updated after incidents involving abuse allegations and inappropriate behavior between residents. Despite existing policies and the involvement of residents with complex medical and psychiatric conditions, the facility did not revise care plans to reflect new allegations or behaviors, as confirmed by staff interviews.
Two residents with significant physical and cognitive impairments did not consistently receive or have documented incontinence care as required by their care plans. CNA documentation showed multiple unsigned instances across several months, indicating lapses in care provision. Nursing leadership confirmed that documentation was expected to be reviewed daily, but issues such as short staffing and lack of consistent disciplinary action contributed to ongoing deficiencies.
The facility did not consistently provide the minimum number of certified nurse aides (CNAs) required by its own staffing assessment for the first floor, with multiple shifts in July and August showing CNA staffing below the established levels. Interviews and staffing records confirmed that actual staffing often fell short of the required ratios, despite the use of agency staff and scheduling tools.
A resident with dementia and moderate cognitive impairment was subjected to an incident where another resident entered their room, exposed themselves, and made an inappropriate comment, causing the affected resident significant distress. The facility failed to ensure the resident's right to dignity and protection from abuse, as required by policy.
A resident with cognitive impairment and a history of wandering was subjected to sexual exposure by a neighboring resident with a known history of sexually inappropriate behavior. Despite existing care plans and interventions, the incident led to significant emotional distress for the affected resident.
Failure to Timely Report Serious Injury of Unknown Origin and Investigation Results
Penalty
Summary
The deficiency involves the facility’s failure to timely report an alleged violation and injury of unknown origin involving Resident #4 to the New York State Department of Health (NYSDOH) within required timeframes. Resident #4 had diagnoses including anemia, dementia, and hypothyroidism, with an Annual MDS dated 10/24/2025 documenting severely impaired cognition, a need for supervision with bed mobility, and substantial to maximal assistance with transfers, toileting, and showers. On 01/21/2026 at 11:00 AM, while being turned and positioned, Resident #4 was observed guarding the right knee, complaining of pain, and exhibiting swelling of the right knee. The charge nurse was called, and a STAT right knee x-ray was ordered and completed. On 01/21/2026 at 07:55 PM, the radiology report documented an acute nondisplaced fracture of the right tibial plateau, constituting a serious bodily injury. At 08:37 PM, an SBAR note documented the x-ray result and a provider recommendation to transfer the resident to the hospital for further evaluation. At 10:00 PM, the physician was notified of the x-ray findings, and the nursing progress note at 10:03 PM recorded that the Director of Nursing was made aware and that the resident was transferred via EMS to the hospital. The facility’s hospital transfer form documented that the transfer occurred at 10:11 PM on 01/21/2026. The hospital after-visit summary received by the facility at 02:18 AM on 01/22/2026 documented four views of the right knee and a questionable fracture of the lateral tibial plateau. Despite the fracture being identified on 01/21/2026, the facility did not report the injury of unknown origin to NYSDOH until 01/22/2026 at 1:20 PM, exceeding the regulatory requirement to report serious bodily injury not later than 2 hours after identification. The Nursing Home Investigation Form submitted to NYSDOH documented the date of incident as 01/22/2026 and indicated that the resident was identified with an injury, although the injury had been identified the previous day. The facility was required to submit the investigative report within 5 working days of identifying the injury, which would have been 01/28/2026, but the investigative report (Submission #22298) was not submitted until 02/09/2026, 13 days after the injury was identified. During an interview on 02/12/2026, the Director of Nursing stated that the facility documented the date of incident as 01/22/2026, initiated the incident report and investigation upon the resident’s return, and waited for confirmation of receipt from NYSDOH before sending the investigative report, contributing to the delay beyond the required 5-working-day timeframe.
Failure to Thoroughly Investigate Injuries of Unknown Origin for Two Residents
Penalty
Summary
The deficiency involves the facility’s failure to thoroughly investigate injuries of unknown origin for two residents, contrary to its own Accident–Incidents policy. The policy, last reviewed on 06/01/2024, requires that the Incident/Accident Statement Form list nursing staff caring for the resident at the time of the incident and one shift prior, identify any witnesses by name with completed statements, and that the Incident/Accident Report Form include all required information, staff identification, statements, and a complete investigation with a conclusion. For one resident with anemia, dementia, and hypothyroidism who had severely impaired cognition and required supervision with transfers and ambulation, a forehead hematoma was discovered on 12/10/2025 and reported to the Department of Health as an injury of unknown origin. The facility’s documentation did not include staff statements from those who provided care on prior shifts, nor did it contain a detailed description of the care provided before the injury was identified. The roommate of this resident stated that no staff member interviewed them about the incident, and they were not asked to provide a written or verbal statement, despite being present in the room during the timeframe when the resident was last observed prior to being found with the hematoma. The facility’s investigation file did not contain a statement from the roommate and did not document whether abuse, neglect, or mistreatment was considered or ruled out. The Administrator reported that he did not initiate or complete the investigation, that the prior DON was responsible, and that he did not review the investigation or know whether it was complete. The current DON stated that the hematoma was determined to be an injury of unknown origin and that the investigation consisted only of statements from staff working the shift when the hematoma was identified, with no statements obtained from staff on prior shifts and no additional documentation beyond what was submitted to the Department of Health. For another resident with anemia, dementia, and peripheral vascular disease, who had moderately impaired cognition, required supervision with bed mobility, was dependent for toileting and showering, and required substantial to maximal assistance with transfers, an acute non-displaced right tibial plateau fracture was identified by STAT X-ray after the resident complained of pain and guarded the body during turning and positioning. The facility’s investigation report documented that no incident was witnessed, but the Accident/Incident Statement Forms completed by one CNA lacked required identifying information, dates, shift or time of assignment, and did not describe the type of care provided, including how the resident was transferred or assisted with ADLs at the time of the occurrence. Another CNA’s statement form inconsistently indicated that they were not assigned and did not provide care, while elsewhere noting they were the assigned aide for an appointment, and the form did not describe the care provided, the role during the outside appointment, or how the resident was prepared or transferred. Interviews with CNAs revealed conflicting accounts of whether a Hoyer lift or a stand-and-pivot transfer was used to move the resident into the wheelchair for an outside medical appointment and back into bed afterward. One CNA initially reported that a Hoyer lift was used to transfer the resident into the wheelchair, then later stated this was a mistake and clarified that the Hoyer lift was used only upon return from the appointment to transfer the resident back to bed because the resident was tired, while also stating that the resident was not a Hoyer lift resident and was not identified as requiring a Hoyer lift at that time. Another CNA described assisting with dressing and transferring the resident into the wheelchair using a stand-and-pivot method and stated that a Hoyer lift was not used. The facility’s Accident/Incident investigation did not include a review of the resident’s care plan for transfer requirements, did not evaluate the Hoyer lift transfer, did not include interviews with staff from all shifts involved in the resident’s care and transfers, and did not identify the transfer requirements, staff involved across shifts, or the circumstances surrounding the transfer to determine how the fracture occurred.
Failure to Consistently Implement Enhanced Monitoring for a Wandering Resident
Penalty
Summary
The deficiency involves the facility’s failure to ensure adequate supervision and consistent implementation of an identified safety intervention for a resident with severe cognitive impairment and a history of wandering and falls. The resident, admitted with diagnoses including anemia, dementia, and hypothyroidism, had an Annual Minimum Data Set documenting severely impaired cognition and a need for supervision with transfers and ambulation. The resident’s fall risk care plan identified risk factors such as confusion, gait and balance problems, incontinence, and vertigo, and included an intervention for enhanced monitoring for safety initiated after an incident in which the resident was found with a forehead hematoma of unknown origin. On the date of the incident, documentation showed that a CNA last provided care to the resident in the late afternoon and last observed the resident in bed about an hour before the resident was later found with a forehead hematoma, with no staff able to identify when or how the injury occurred. The resident was evaluated in a hospital emergency department, where multiple imaging studies, including CT scans of the head and cervical spine and X‑rays of both knees and the pelvis, revealed no abnormalities, and the resident returned to the facility with continued neurological checks. Interviews with CNAs, an LPN, and the resident’s roommate consistently described the resident as frequently walking around the secure unit, entering other residents’ rooms, not remaining in bed, and being difficult to redirect without becoming upset. Despite the care plan intervention for enhanced monitoring for safety, staff interviews revealed inconsistent understanding and implementation of this intervention. One LPN stated that the resident was not on enhanced monitoring checks for safety and was only on a wandering checklist signed once per shift. The DON confirmed that the resident ambulated independently on the unit, was not accompanied by staff, and that no staff witnessed the incident resulting in the forehead hematoma. Review of the Enhanced Monitoring Rounding Tool for the period following initiation of enhanced monitoring showed multiple missing staff initials and blank Unit Manager/Supervisor signature lines, demonstrating that the facility did not consistently document or verify completion of the enhanced monitoring intervention as required by facility policy and the resident’s care plan.
Failure to Notify Family of Change in Resident Condition
Penalty
Summary
The facility failed to ensure timely notification of a change in condition to a resident's family representative, as required by policy. A resident with severe cognitive impairment and multiple diagnoses, including dementia, anemia, and systemic lupus erythematosus, was observed by their family representative to have redness in the right eye. The family representative reported this observation to facility staff and was informed that the redness was due to an allergic reaction and had already been addressed by the physician. However, there was no documented evidence that nursing staff had identified, assessed, or reported the redness prior to the family representative's observation. Further review revealed that ciprofloxacin ophthalmic drops were ordered for the resident's right eye without a documented assessment or clear reason for the order. Interviews with facility staff confirmed that the family representative was the first to identify and report the change in the resident's condition, and that staff had not notified the family representative of the issue prior to their visit. The nurse supervisor admitted to initiating the antibiotic order in response to the family representative's concerns, without completing or documenting a nursing assessment beforehand.
Failure to Timely Report Alleged Resident-to-Resident Abuse
Penalty
Summary
The facility failed to ensure timely reporting of an alleged incident of resident-to-resident physical abuse as required by both facility policy and state regulations. On 09/12/2025, a family representative informed the facility that a resident had been punched in the face by another resident. Although the facility's policy required immediate notification to the State Agency and local law enforcement, no documentation was found to show that the allegation was reported to the New York State Department of Health or law enforcement within the required timeframe. The internal investigation was initiated the following day, but the results were not reported to the appropriate authorities within five working days as mandated. The resident involved had severe cognitive impairment and multiple medical diagnoses, including dementia, anemia, and systemic lupus erythematosus. Interviews with facility staff confirmed awareness of the allegation and acknowledged the failure to report the incident as required. The facility's investigative documentation indicated the incident was categorized as resident-to-resident physical abuse, but there was no evidence of timely or proper notification to state authorities or law enforcement, as stipulated by both policy and regulation.
Failure to Timely Report Alleged Resident-to-Resident Abuse
Penalty
Summary
The facility failed to report an alleged incident of resident-to-resident physical abuse to the New York State Department of Health within the required timeframe. On 09/12/2025, a family representative informed the facility that a resident had been punched in the face by another resident. Documentation showed that the facility received this information on the same day, and an internal investigation was initiated several days later. However, there was no evidence that the allegation was reported to the State Agency or local law enforcement as required by both facility policy and state regulations. The facility's abuse policy mandates immediate notification to the appropriate authorities, but no documentation was provided to show that this occurred. The resident involved had diagnoses including dementia, anemia, and systemic lupus erythematosus, with a recent assessment indicating severely impaired cognition. Interviews with facility leadership confirmed awareness of the allegation and acknowledged that the incident should have been reported to the Department of Health. The investigation form categorized the event as resident-to-resident physical abuse, but there was no record of a report being submitted to the State Agency. The complainant also stated that they contacted law enforcement due to concerns for the resident's safety and confirmed that the facility did not report the allegation to the Department of Health.
Failure to Update Care Plan After Change in Condition
Penalty
Summary
The facility failed to revise a resident's Comprehensive Care Plan to include measurable, resident-specific interventions following a change in condition involving right-eye redness, which led to the initiation of ciprofloxacin ophthalmic drops. Although the physician ordered antibiotic eye drops for the resident's right-eye redness, the care plan was not updated to reflect this new condition or the associated treatment. The last update to the care plan addressed a previous influenza-related infection and did not include any documentation or interventions related to the resident's current eye condition. There were also no nursing progress notes, assessments, or physician assessments documenting the necessity for the eye drops until several days after the order was initiated. Interviews with facility staff revealed that the responsibility for updating care plans was unclear during the period when the deficiency occurred, as there was no charge nurse assigned to the unit at the time. The Assistant Director of Nursing and the Director of Nursing both stated that care plans should be updated with any change in condition, but acknowledged that the absence of a charge nurse contributed to the failure to revise the care plan. The Regional Director of Nursing and a Registered Nurse Supervisor confirmed that the resident's change in condition and new treatment should have resulted in updated care plan interventions, but this was not completed.
Failure to Assess and Document Change in Condition Following Eye Redness
Penalty
Summary
The facility failed to provide necessary care and services to maintain a resident's highest practicable physical well-being after a change in condition was reported. On 08/29/2025, a family representative notified nursing staff of redness in the resident's right eye. There was no documented nursing assessment, change-in-condition evaluation, or physician notification at that time. The medical record did not show that staff identified the redness prior to the family report, nor was there any documentation of a registered nurse assessment or a physician evaluation when ciprofloxacin ophthalmic drops were ordered and initiated. The first medical provider assessment occurred six days after the initial report, at which time the resident was diagnosed with a subconjunctival hemorrhage. The resident involved had severe cognitive impairment and multiple medical diagnoses, including dementia, anemia, and systemic lupus erythematosus. Interviews with facility staff confirmed that no assessment or documentation was completed at the time of the reported change in condition. The order for antibiotic eye drops was placed without a documented clinical rationale or provider assessment, and staff could not recall the appearance of the resident's eye at the time. The family representative was told the condition had already been addressed, but there was no evidence of prior notification or assessment. Facility leadership and medical staff were unable to provide documentation supporting appropriate assessment, provider notification, or justification for the treatment initiated.
Failure to Ensure Timely Physician Oversight and Assessment After Change in Condition
Penalty
Summary
A deficiency occurred when the facility failed to ensure proper physician supervision and oversight of medical care for a resident who experienced a change in condition. Specifically, an order for ciprofloxacin ophthalmic drops was entered by a Registered Nurse Supervisor after a family representative reported redness in the resident's right eye. There was no documented nursing or physician assessment at the time the order was entered, and the physician was contacted by text message without documentation of notification in the medical record. The antibiotic treatment was initiated the following day without a provider evaluation, and the resident was not seen by a medical provider until six days after the change in condition was identified and treatment had already begun. The resident involved had diagnoses including dementia, anemia, and cardiac arrhythmias, with severe cognitive impairment and extensive assistance needs. The facility's policy required physician review and documentation of orders, as well as evaluation of residents as clinically indicated, but these steps were not followed. Interviews confirmed that there was no documented assessment or timely provider evaluation, and no documentation of an ophthalmology referral or visit was found. The lack of timely physician oversight and documentation led to the deficiency cited under 10 NYCRR 415.15(b)(1)(i)-(ii).
Failure to Timely Report and Submit Abuse Investigation Conclusions
Penalty
Summary
The facility failed to ensure that all alleged violations involving abuse, neglect, or theft were reported immediately, and that the results of investigations were submitted to the New York State Department of Health within the required timeframe. Specifically, the facility did not report the investigative conclusions for three separate incidents involving three different residents, as required by state law and facility policy. The incidents included allegations of staff abuse, resident-to-resident sexual exposure, and concerns about a certified nurse aide's roughness and lack of empathy. In one case, a resident with chronic obstructive pulmonary disease, schizophrenia, and major depressive disorder reported to their representative that staff had physically abused them in the dining room. The administrator was not informed of the allegation until several days after the incident, and there was no documented evidence that the investigative conclusion was submitted to the Department of Health. In another case, a resident with dementia and schizoaffective disorder exposed themselves to another resident, causing distress, but again, the investigative conclusion was not reported to the Department of Health. A third incident involved a resident with muscle weakness, major depressive disorder, and anxiety, who complained that a certified nurse aide was rough and showed no empathy. The facility investigated and found no evidence of abuse, but did not submit the investigative conclusion to the Department of Health. Interviews with the Director of Nursing and the Administrator revealed a lack of awareness regarding the failure to submit the required reports, despite both being responsible for reporting and documentation.
Failure to Update Care Plans Following Abuse and Behavioral Incidents
Penalty
Summary
The facility failed to ensure that comprehensive care plans were updated and revised in response to significant events for three residents reviewed. Specifically, one resident reported being beaten by staff, but their abuse care plan was not updated to reflect this allegation. Another resident was exposed to inappropriate behavior by a peer, yet neither the abuse care plan for the affected resident nor the behavior care plan for the resident exhibiting the behavior was updated to document the incident. These omissions occurred despite facility policy requiring care plans to be revised as residents' conditions or circumstances change. Record reviews showed that the residents involved had complex medical and psychiatric histories, including diagnoses such as COPD, schizophrenia, dementia, and major depressive disorder. The care plans in place prior to the incidents included interventions for abuse risk and behavioral concerns, but these were not revised to address the new allegations or behaviors. Interviews with nursing staff and administration confirmed that care plans should have been updated following these events, but this did not occur.
Failure to Provide and Document Required Incontinence Care for Dependent Residents
Penalty
Summary
The facility failed to ensure that residents who were unable to perform activities of daily living (ADLs) independently received the necessary care and assistance, specifically in the area of incontinence care. Two residents with significant physical and cognitive impairments, including diagnoses such as Parkinson's disease, dementia, hemiplegia, and hemiparesis, were identified as being dependent on staff for toileting and incontinence care. Both residents had care plans in place that required staff to check and provide toileting care every two to four hours as tolerated. Record reviews revealed multiple instances where Certified Nurse Assistant (CNA) documentation for incontinence care was not signed, indicating that care may not have been provided as required. For one resident, there were five unsigned instances in June and seven in July. For the second resident, there were four unsigned instances in July and fourteen in August. These lapses occurred across various shifts, including day, evening, and night shifts, and were documented in the facility's electronic medical record system. Interviews with nursing leadership confirmed that CNA documentation is expected to be reviewed daily by supervisors and that missing documentation is followed up with staff. However, it was acknowledged that issues such as short staffing and assignment splitting sometimes contributed to incomplete documentation. Despite reminders and monitoring at multiple levels, including from the DON and corporate oversight, the problem of incomplete documentation persisted, and at the time of the survey, there was no consistent disciplinary action for failure to complete documentation.
Failure to Maintain Minimum CNA Staffing Levels on Multiple Shifts
Penalty
Summary
The facility failed to consistently provide sufficient certified nurse aide (CNA) staffing to meet the needs of residents on the first floor, as determined by its own facility assessment and staffing grid. Review of daily staffing schedules for July and August 2024 revealed multiple shifts where CNA staffing fell below the minimum levels established by the facility, including instances where only two or three CNAs were present during day and evening shifts, and occasions with only one or no CNAs on night shifts. These staffing levels did not align with the provider average ratio levels required for the unit, which called for five CNAs on day shift, four on evening shift, and two on night shift. The facility's policy states that adequate staffing must be maintained to meet resident care needs as outlined in their comprehensive care plans. Interviews with the Administrator and Human Resources Director confirmed that staffing had been an issue in the past, with reliance on agency staff to cover callouts and a history of insufficient CNA numbers. The Human Resources Director acknowledged the use of a staffing application and a weekly scheduling process, but records showed that actual staffing often did not meet the established minimums. The Administrator provided documentation confirming the required staffing ratios, which were not consistently met during the reviewed period.
Failure to Protect Resident Dignity Following Exposure Incident
Penalty
Summary
A deficiency was identified when a resident's right to a dignified existence was not ensured. On the specified date, one resident entered the room of another resident, unzipped their pants, exposed themselves, and made an inappropriate comment while holding their penis. The affected resident, who had a history of dementia, major depressive disorder, and moderate cognitive impairment, was found to be upset and crying as a result of this incident. The resident's care plan noted a risk for abuse and mood symptoms, including crying outbursts and verbalizations of fear following the exposure event. The facility's policy on resident rights, last revised in May 2024, states that all residents are to be treated with dignity and be free from abuse and exploitation. Documentation showed that the incident was reported to the Director of Nursing, and the affected resident expressed distress and fear related to the behavior of the other resident. The care plan for the resident included monitoring for signs of abuse and encouraging family involvement, but the incident still occurred, resulting in a violation of the resident's right to dignity.
Failure to Protect Resident from Sexual Exposure by Another Resident
Penalty
Summary
A deficiency occurred when a resident with moderate cognitive impairment and a history of dementia, major depressive disorder, and wandering behavior was subjected to sexual exposure by a neighboring resident. The incident involved the neighbor entering the resident's room, unzipping their pants, and exposing themselves, which caused the resident to become upset, cry, and express fear of being raped. The affected resident's care plan had identified a risk for abuse and included monitoring for signs and symptoms of abuse, but the incident still occurred. The resident who exposed themselves had a documented history of sexually inappropriate behavior toward roommates, female staff, and other residents, with interventions in place such as behavioral contracts, documentation of behaviors, and psychiatric evaluation as needed. Despite these interventions, the inappropriate behavior recurred, resulting in emotional distress for the affected resident. The facility's abuse policy prohibits mistreatment, neglect, and abuse by anyone, including other residents, but the policy and care plans did not prevent this incident from occurring.
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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