Regeis Care Center
Inspection history, citations, penalties and survey trends for this long-term care facility in Bronx, New York.
- Location
- 3200 Baychester Avenue, Bronx, New York 10475
- CMS Provider Number
- 335019
- Inspections on file
- 11
- Latest survey
- March 4, 2026
- Citations (last 12 mo.)
- 5 (1 serious)
Citation history
Health deficiencies cited at Regeis Care Center during CMS and state inspections, most recent first.
The deficiency centers on the facility’s failure to thoroughly investigate an abuse allegation and to protect a cognitively impaired resident after a visitor reported that a CNA roughly handled and struck the resident’s buttocks. Video showed the resident, who had dementia and mobility issues, being pulled by the arm, dragged by the armpit and pants into a wheelchair, and apparently hit on the buttock while resisting. The DON reviewed the video but treated the matter as a customer service issue, imposed only a brief suspension, reassigned the CNA to another unit rather than removing them from resident care, and did not initiate a formal abuse investigation at that time. An RN supervisor reported performing a body assessment with the DON that was not documented, and the MD was not notified. The facility did not begin a formal abuse investigation until after state surveyors became involved, despite the CNA continuing to work on other units in the interim.
A cognitively impaired resident with dementia, muscle weakness, and difficulty walking, who was known to wander into other residents’ rooms and required calm redirection, was observed on video leaving a wheelchair, moving a PPE cart into other rooms, and then being forcefully pulled by a CNA by the arm and under the armpit back toward the wheelchair while resisting. The CNA dragged the resident into the wheelchair, pushed the resident’s upper body forward, and moved a hand repeatedly at the resident’s lower back, causing the resident’s body to jerk, while a visitor observed and later reported that the CNA was rough handed and hit the resident on the buttocks. The DON and an administrator reviewed the video but did not identify the actions as abusive, treated the matter as a customer service issue, and there was no documented abuse investigation or report to the state agency, and no documentation of the RN supervisor’s assessment in the medical record.
The facility failed to report an allegation of abuse to state authorities as required by its abuse policy and regulations. A resident with dementia, muscle weakness, and difficulty walking was observed on video ambulating unsteadily, moving a PPE cart into other rooms, and then being physically handled and dragged back into a wheelchair by a CNA while the resident resisted. A visitor reported to the DON that the CNA was rough handed and hit the resident on the buttock. Although an RN supervisor later assessed the resident with no visible injury or pain, facility leadership determined there was no harm and no abuse allegation, and did not report the incident to the Department of Health.
A resident with dementia, muscle weakness, difficulty walking, and severely impaired cognition, who required partial/moderate assistance for ambulation and transfers and used a wheelchair, was able to rise from the wheelchair and ambulate unassisted in the hallway with an unsteady gait. The resident walked to a PPE cart and rolled it into two other residents’ rooms while staff were going in and out of rooms, monitoring residents in the hallway and dining room, and administering medications. Video showed a CNA then pulling the resident by the arm from a room, holding the resident under the armpit and by the pants while the resident resisted, dragging the resident back into the wheelchair, and making back-and-forth movements at the resident’s lower back that appeared to be a buttock strike, resulting in the resident’s body jerking forward.
A resident with dementia, muscle weakness, difficulty walking, and severely impaired cognition was seen on video ambulating unsteadily, moving a PPE cart into rooms, and then being pulled by a CNA by the arm and under the armpit, dragged by the pants into a wheelchair, and forcefully repositioned while resisting, as a visitor observed from a nearby doorway. The visitor later reported a verbal altercation and concerns about the CNA’s conduct to the DON, who, along with the Assistant Administrator, reviewed the footage but did not identify the actions as abusive or excessively rough, and the CNA denied abuse. An RN Supervisor assessed the resident and found no visible injury or pain complaints. Facility leadership did not treat the situation as an abuse allegation, did not immediately investigate or implement protections from potential further abuse, and did not report the alleged abuse to the state agency within the required 2-hour timeframe, resulting in a failure to administer the facility in accordance with regulatory and policy requirements.
A facility failed to create a comprehensive care plan for a resident with Acute Sinusitis who was prescribed antibiotics. Despite the facility's policy, no care plan was developed to address the resident's medical needs, including their diagnosis and antibiotic use. The oversight was confirmed by staff interviews, revealing a lapse in responsibility among the nursing supervisor, Unit Manager, and Infection Control RN.
A resident with diabetes did not receive care according to physician orders, as the facility failed to notify the physician when blood sugar levels were outside specified ranges. Insulin was administered without orders when levels were high, contrary to the facility's diabetes management policy. Interviews confirmed the oversight in following physician instructions.
A resident reported receiving cold food, and observations confirmed that food temperatures were not maintained at appetizing levels. The facility's policy requires hot foods to be held at 135°F or higher, but test trays showed some items below this standard. The issue was previously identified, but improvement plans were only partially implemented due to equipment and staffing challenges.
The facility failed to post survey results in an accessible location, placing them in an unlabeled sleeve across the Finance Department's office, not in plain view. Residents were unaware of the location, and the results lacked complaint investigations from the past three years. The DON and Administrator cited temporary relocation due to construction.
The facility failed to transmit MDS assessments to CMS within the required 14-day period after completion, affecting several residents. The delay was due to the absence of the MDS Coordinator, leaving Assessors without access to the necessary submission system. The DON was unaware of the issue, highlighting a lapse in internal processes.
Failure to investigate abuse allegation and protect cognitively impaired resident
Penalty
Summary
The deficiency involves the facility’s failure to thoroughly investigate an allegation of abuse and to protect a resident from potential further abuse after the allegation was reported. The facility’s abuse policy required that all alleged or suspected incidents of abuse, neglect, mistreatment, or misappropriation of resident property be thoroughly investigated, with findings documented and reported, and that residents be protected from abuse. Resident #1, who had non-Alzheimer’s dementia, muscle weakness, difficulty walking, and severely impaired cognition per the most recent MDS, was the subject of the alleged abuse. Video surveillance from the unit on the date of the incident showed Resident #1 ambulating with an unsteady gait, using hallway handrails, and then rolling a cart with personal protective equipment into two residents’ rooms. Certified Nursing Assistant (CNA) #1, who was pushing another resident up the hallway, followed Resident #1 into a room, rolled the cart back into the hallway, and was then seen pulling Resident #1 by the arm into the hallway. CNA #1 held Resident #1 under the left armpit and pulled the resident up the hallway toward their wheelchair while the resident resisted. CNA #1 then seated Resident #1 on the edge of the wheelchair; as the resident resisted sitting, CNA #1 held the resident under the armpit and by the pants and dragged the resident fully back into the wheelchair. CNA #1 then pushed the resident’s upper body forward while their right hand moved back and forth at the resident’s lower back, appearing to hit the resident on the buttock, with the resident’s body jerking forward. A visitor for another resident was observed in a nearby doorway looking toward CNA #1 and Resident #1, and the visitor and CNA #1 appeared to exchange words and hand gestures. Later that day, the visitor reported the incident to the Director of Nursing (DON). The facility’s undated internal summary of the incident documented that the visitor demanded discipline for CNA #1 due to a verbal altercation and described hearing a commotion, coming out to observe, and asking CNA #1 what they were doing with Resident #1. The DON stated in interview that the visitor only reported rudeness by CNA #1 and did not report rough handling or hitting. The DON reviewed the video footage but stated they did not identify CNA #1’s actions as abusive or excessively rough and, based on CNA #1’s denial, did not further investigate the matter as abuse. CNA #1 was suspended for one day for poor customer service and then reassigned to another unit, but was not removed from resident care or access to residents in response to an abuse allegation, and no thorough abuse investigation was initiated at that time. Registered Nurse Supervisor #1 reported that the DON informed them that a family member had complained that CNA #1 was cursing at them after they questioned what CNA #1 was doing with Resident #1. The DON told the supervisor that video review showed CNA #1 attempting to put Resident #1 into their wheelchair and instructed the supervisor to perform a body assessment on Resident #1. The supervisor stated that they and the DON assessed Resident #1 and found no redness, discoloration, or visible injury, and that the resident was smiling and in good spirits with no complaints of pain or discomfort; however, this assessment was not documented in the resident’s chart, and the physician was not notified. There was no documented RN assessment of Resident #1 related to the alleged incident, and the attending physician later stated they were not made aware of any allegation of rough handling or abuse involving Resident #1 until more than a week after the event. The facility did not initiate a formal abuse investigation until after the state surveyor’s onsite visit, during which it was confirmed that CNA #1 had continued to work on other units after the date of the alleged abuse.
Removal Plan
- Certified Nursing Assistant #1 was removed.
- Resident #1 was assessed.
- Facility wide in-service was conducted.
- Administration rounding on all units was conducted.
- Resident #1's care plan was reviewed and updated.
- Audit log for Accident/Incidents was reviewed for the past 30 days.
- Facility reviewed and assessed 52 residents for abuse and mistreatment.
- Nurse Practitioner assessed Resident #1.
- The Director of Nursing and Assistant Director of Nursing received in-service on ensuring a thorough investigation of all allegations.
- Interdisciplinary Meeting was held.
- Facility investigation was reviewed.
- Facility reviewed Policy and Procedure on Abuse Prevention.
Failure to Protect a Cognitively Impaired Resident From Physical Abuse and to Investigate Abuse Allegation
Penalty
Summary
The deficiency involves the facility’s failure to protect a resident from physical abuse and to respond appropriately to an abuse allegation. The facility had an Abuse Prohibition Policy and Protocol dated 09/11/2025 stating residents would be protected from abuse, neglect, and mistreatment, and that the facility had zero tolerance for any kind of abuse. Resident #1 had diagnoses including non-Alzheimer’s dementia, muscle weakness, and difficulty walking, with a quarterly MDS dated 01/02/2026 documenting severely impaired cognition and a need for partial/moderate assistance with functional abilities. Care plans documented that Resident #1 wandered into other residents’ rooms uninvited, placing the resident at risk for potential abuse, and that staff were to monitor the resident’s whereabouts and redirect as needed, as well as address the resident in a calm and gentle manner; however, there was no documented evidence of the frequency of monitoring. On 02/17/2026, surveillance video footage from approximately 4:34 PM showed Resident #1 getting up from a wheelchair and ambulating with an unsteady gait up the hallway while holding onto handrails. Resident #1 moved a cart stocked with personal protective equipment and rolled it into two residents’ rooms. Certified Nursing Assistant (CNA) #1, who was wheeling another resident up the hallway, stopped and went into one of the rooms behind Resident #1. The video showed CNA #1 rolling the cart back into the hallway, then standing in the doorway pulling Resident #1 by the arm and pulling the resident into the hallway. CNA #1 then held Resident #1 under the left armpit and pulled the resident up the hallway toward the wheelchair while Resident #1 continued to resist. CNA #1 placed Resident #1 on the edge of the wheelchair; as Resident #1 resisted sitting, CNA #1 held the resident under the left armpit, put a hand behind the resident holding them by the pants, and dragged Resident #1 back into the wheelchair, then pushed and held the resident’s upper body forward with one hand while the other hand moved back and forth at the resident’s lower back, with Resident #1’s body jerking forward. A visitor for Resident #2 was observed standing in a doorway looking in the direction of CNA #1 and Resident #1, and the visitor and CNA #1 appeared to be exchanging words and hand gestures. Later that day, Resident #2’s visitor reported to the Director of Nursing (DON) that they observed CNA #1 being rough handed and hitting Resident #1 on the buttocks. The facility’s Summary Investigation for the incident documented that the visitor went to the DON’s office demanding discipline for CNA #1, describing a verbal altercation and stating they heard a commotion and came out to see what was happening, then asked CNA #1 what they were doing with Resident #1. The DON and Assistant Administrator reported that they reviewed the surveillance video to see the interaction between CNA #1 and the visitor and stated they did not identify CNA #1’s actions as abusive or excessively rough, characterizing the transfer as an attempt to maintain safety. The DON instructed a Registered Nurse Supervisor to assess Resident #1; the RN Supervisor reported observing Resident #1 smiling, in good spirits, with no visible injury and no complaints of pain or discomfort, but did not document this assessment in the chart or notify the physician. Despite the visitor’s report that CNA #1 was rough handed and hit the resident, and the video evidence of forceful handling while the resident resisted, there was no documented evidence that the allegation of abuse was investigated as abuse or reported to the New York State Department of Health, constituting a failure to ensure the resident was free from physical abuse and that an abuse allegation was properly investigated and reported.
Failure to Report Alleged Abuse to State Authorities
Penalty
Summary
The deficiency involves the facility’s failure to immediately report an allegation of abuse to the New York State Department of Health as required by regulation and by its own Abuse Prohibition policy. The policy, last revised on 09/11/2025, states that all alleged violations involving abuse, neglect, exploitation, or resident property are to be reported immediately, but not later than two hours after the allegation is made. Despite this, an allegation that a certified nursing assistant (CNA) was rough handed and hit a resident on the buttock was not reported to the State Survey Agency or other required authorities. Resident #1 had diagnoses including non-Alzheimer’s dementia, muscle weakness, and difficulty walking, and a Minimum Data Set dated 01/02/2025 documented severely impaired cognition. On 02/17/2026, surveillance video showed Resident #1 ambulating with an unsteady gait, holding onto hallway handrails, then moving a personal protective equipment cart into other residents’ rooms. CNA #1, who had been wheeling another resident up the hallway, followed Resident #1 into a room, pulled the resident by the arm into the hallway, then held the resident under the left armpit and pulled them up the hallway toward their wheelchair while the resident resisted. CNA #1 then seated Resident #1 on the edge of the wheelchair; as the resident resisted, CNA #1 held the resident under the left armpit, placed a hand behind the resident holding them by the pants, dragged the resident back into the wheelchair, and pushed and held the resident’s upper body forward while moving a hand back and forth at the resident’s lower back, during which the resident’s body jerked forward. At approximately 5:30 PM that day, Resident #2’s visitor reported to the Director of Nursing that they had observed CNA #1 being rough handed and hitting Resident #1 on the buttock. The facility’s internal summary of the incident documented that the visitor came to the DON’s office demanding discipline for CNA #1 after a verbal altercation and reported hearing a commotion, then observing CNA #1 attending to Resident #1 and questioning what the CNA was doing. A registered nurse supervisor assessed Resident #1 the same day, noting the resident was smiling, in good spirits, had no visible injury, and reported no pain or discomfort. The Assistant Administrator later stated that, after reviewing the video, they concluded there was no harm and no allegation of rough handling or hitting, and therefore the incident was not treated as an abuse allegation and was not reported to the Department of Health, despite the visitor’s report and the facility’s policy requirements.
Failure to Adequately Supervise High-Fall-Risk Resident and Safe Handling by Staff
Penalty
Summary
The deficiency involves the facility’s failure to ensure adequate supervision and assistance devices to prevent accidents for a resident with an unsteady gait and high fall risk. The resident had diagnoses including non-Alzheimer’s dementia, muscle weakness, and difficulty walking, and a quarterly MDS documented severely impaired cognition. The MDS also showed the resident required partial/moderate assistance for walking 50 feet and for transfers from sitting to standing, and that the resident used a wheelchair for locomotion. The resident’s fall care plan included interventions such as keeping rooms and hallways well-lit, clean, and clutter free, ensuring the call bell was within reach, encouraging and reminding the resident to call for assistance, providing properly fitted footwear and gripper socks at night, and providing assistance with ADL care as needed. On the date of the incident, surveillance video from the unit showed that at approximately 4:38 PM the resident got up from their wheelchair and ambulated up the hallway with an unsteady gait while holding onto the handrails. The resident then walked across the hallway to a cart stocked with personal protective equipment and rolled the cart into two residents’ rooms. During this time, staff were observed going in and out of residents’ rooms, and there were three CNAs and one LPN assigned to that side of the unit. Staff interviews indicated that one CNA was monitoring residents in the dining room, another CNA was taking residents to their rooms for incontinence care before dinner, and the LPN was administering medications while also monitoring residents sitting in the hallway. The video further showed that when one CNA observed the resident entering a room with the cart, the CNA stopped, went into the room behind the resident, and rolled the cart back into the hallway. The CNA was then seen standing in the doorway pulling the resident by the arm, pulling the resident into the hallway, and holding the resident under the left armpit while pulling the resident up the hallway toward the wheelchair as the resident resisted. The CNA then placed the resident on the edge of the wheelchair; as the resident resisted sitting, the CNA held the resident under the armpit and by the pants and dragged the resident back into the wheelchair. The CNA pushed the resident’s upper body forward while their right hand moved back and forth at the resident’s lower back, appearing to hit the resident on the buttock, and the resident’s body jerked forward. Interviews with CNAs, the LPN, the RN Supervisor, and the DON confirmed that staff were expected to monitor residents in the hallway and dining room and that the resident was on hourly visual monitoring, but the resident was nonetheless able to ambulate unassisted and manipulate the cart in the hallway and other residents’ rooms.
Failure to Investigate and Report Alleged Abuse and Protect Resident
Penalty
Summary
The deficiency involves the facility’s failure to administer operations in a way that ensured effective and efficient use of resources to support each resident’s highest practicable well-being, as required by its Administration-Management policy. The incident centers on a resident with non-Alzheimer’s dementia, muscle weakness, difficulty walking, and severely impaired cognition, who was observed on facility video surveillance ambulating with an unsteady gait, holding onto hallway handrails, and moving a PPE cart into other residents’ rooms. A CNA followed the resident into a room, then was seen on video pulling the resident by the arm into the hallway, holding the resident under the left armpit, and pulling the resident up the hallway toward the wheelchair while the resident resisted. The CNA then placed the resident on the edge of the wheelchair, continued to hold under the left armpit, grasped the resident by the pants, and dragged the resident fully into the wheelchair, pushing and holding the resident’s upper body forward while moving a hand back and forth at the resident’s lower back, causing the resident’s body to jerk forward. A visitor was seen in a nearby doorway observing and gesturing during this interaction. Later that day, the visitor reported to the DON that they had a verbal altercation with the CNA and that the CNA had been disrespectful, and also stated they heard a commotion and came out to see the CNA attending to the resident. The facility’s internal summary characterized the CNA’s actions as an immediate assistance back to the wheelchair using a compact pivot transfer to maintain safety. The DON and Assistant Administrator reviewed the surveillance footage but stated they did not identify the CNA’s actions as abusive, excessively rough, or causing harm, and the CNA denied abuse. The DON directed an RN Supervisor to assess the resident, who was found sitting on the bed smiling, in good spirits, with no visible injury and no complaints of pain or discomfort. Despite the visitor’s report and the video evidence of the CNA pulling, dragging, and forcefully repositioning the resident while the resident resisted, facility administration did not treat the situation as an allegation of abuse requiring immediate investigation and protection of residents from further potential abuse. The CNA was suspended for one day for poor customer service and reassigned to another unit, but the facility did not initiate an abuse investigation at that time and did not report an alleged abuse incident to the New York State Department of Health within two hours of the allegation. The formal investigation into the abuse allegation was not initiated until after a state surveyor went onsite, and the facility did not report the allegation to the Department of Health as required, constituting a failure to administer the facility in accordance with regulatory requirements and its own policy.
Failure to Develop Care Plan for Antibiotic Use
Penalty
Summary
The facility failed to develop and implement a comprehensive person-centered care plan for a resident diagnosed with Acute Sinusitis and prescribed antibiotics. Despite the facility's policy requiring individualized care plans to address medical, nursing, mental, and psychosocial needs, no care plan was created for the resident's condition and antibiotic use. The resident, who had a history of Anemia, Hypertension, and Asthma/Chronic Obstructive Pulmonary Disease, was observed with a non-productive cough and had been taking antibiotics for Sinusitis following a positive Influenza A diagnosis. The absence of a care plan was confirmed through interviews with the Unit Manager, Infection Control Prevention Registered Nurse, and Director of Nursing, who acknowledged the oversight. The deficiency was identified during a recertification survey, where it was noted that the resident's care plan lacked interventions for the diagnosis of Acute Sinusitis and antibiotic use. The resident had been hospitalized, and the medication administration record showed that antibiotics were administered until the hospitalization. Interviews with staff revealed that the responsibility for initiating the care plan fell on the nursing supervisor, Unit Manager, and Infection Control Registered Nurse, but the care plan was not initiated due to oversight. The Director of Nursing emphasized the importance of the care plan as a blueprint for resident care, highlighting the failure to adhere to the facility's policy.
Failure to Follow Physician Orders for Blood Sugar Management
Penalty
Summary
The facility failed to ensure that a resident received treatment and care in accordance with professional standards of practice and the comprehensive person-centered care plan. Specifically, a resident with diagnoses of Diabetes Mellitus, Peripheral Vascular Disease, and Cancer had a physician's order to notify the physician when the resident's finger stick blood sugar was less than 200 mg/dL or more than 350 mg/dL. However, the licensed nurse did not notify the physician on seven occasions when the blood sugar was below 200 mg/dL and on three occasions when it was above 350 mg/dL. Additionally, the resident was administered Novolog insulin without a physician's order when the blood sugar was above 350 mg/dL. The facility's policy on Diabetes Management required blood sugar levels to be measured and the physician to be notified according to specific parameters. Despite this, the electronic Medication Administration Records showed instances where the physician was not notified, and insulin was administered without orders. Interviews with the LPN, Medical Doctor, and Director of Nursing confirmed that the physician's orders were not followed, leading to the deficiency in care for the resident.
Deficiency in Maintaining Appetizing Food Temperatures
Penalty
Summary
The facility failed to ensure that food served to residents was maintained at appetizing temperatures, as evidenced by the experience of Resident #134. The resident, who has diagnoses of Diabetes Mellitus, Hyperlipidemia, and Hypertension, reported that their food was cold by the time it reached their room. Observations during the survey revealed that food temperatures were not consistently maintained at the required levels, with some items such as chicken and broccoli being served at temperatures below the facility's policy standards. The facility's policy requires hot foods to be held at 135 degrees Fahrenheit or higher, but during test tray evaluations, several food items were found to be below this temperature. The Food Service Director acknowledged that the issue had been identified previously and that a plan to improve meal service was initiated but only partially implemented due to equipment and staffing challenges. The Director of Nursing also confirmed that the food temperature issue had been recognized earlier, but the improvement plan was only applied to one unit, leaving other areas without the necessary changes.
Inaccessible Survey Results and Missing Complaint Investigations
Penalty
Summary
The facility failed to ensure that survey results were posted in a location that was easily accessible and visible to residents, family members, and legal representatives. During the Recertification Survey conducted from January 13 to January 21, 2025, it was observed that the survey results were placed in an unlabeled plastic sleeve on a bulletin board across the Finance Department's office, which was not in plain view. This location was down the hall from the main entrance, making it difficult for residents and their families to access. Additionally, the survey results did not include complaint investigations from the preceding three years, which is a requirement. Interviews with residents during a Resident Council Meeting revealed that many were unaware of the location of the survey results. The Director of Nursing and the Administrator both stated that the survey results were temporarily relocated due to construction and redoing of wallpaper. They also mentioned that there were no complaint surveys to include in the results, which contradicts the requirement to have such information available. The lack of proper communication and visibility of the survey results led to the deficiency noted in the report.
Delayed Submission of MDS Assessments
Penalty
Summary
The facility failed to ensure that Minimum Data Set (MDS) assessments were transmitted to the Centers for Medicare and Medicaid Services Data System within the required 14-day period after completion. This deficiency was identified during a recertification survey, where it was found that three residents' assessments were not submitted on time. Specifically, the assessments for Residents #164, #152, and #64 were completed but not transmitted within the mandated timeframe. The facility's policy requires timely submission of MDS assessments, yet the submission report indicated that 17 assessments were submitted late. Interviews with facility staff revealed that the delay in submission was due to the absence of the MDS Coordinator, who was away from the facility for two weeks. During this period, the MDS Assessors did not have access to the Quality Improvement Evaluation System (QIES) Assessment Submission and Processing (ASAP) System, which is necessary for submitting the assessments. The Director of Nursing was unaware of the late submissions and stated that the MDS Coordinator is responsible for ensuring timely completion and submission of assessments. Despite the Assessors being trained on the submission process, the assessments were still submitted late, indicating a lapse in the facility's internal processes for managing MDS submissions.
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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