Rosewood Rehabilitation And Nursing Center
Inspection history, citations, penalties and survey trends for this long-term care facility in Rensselaer, New York.
- Location
- 284 Troy Road, Rensselaer, New York 12144
- CMS Provider Number
- 335693
- Inspections on file
- 18
- Latest survey
- February 25, 2026
- Citations (last 12 mo.)
- 16 (2 serious)
Citation history
Health deficiencies cited at Rosewood Rehabilitation And Nursing Center during CMS and state inspections, most recent first.
The facility failed to consistently establish, document, and communicate resident code status and advance directives as required by its own policies. Several cognitively intact residents with serious cardiopulmonary and other medical conditions had no physician orders for basic life support interventions, no MOLST forms on the unit, and no documented code status in admission assessments. In one case, a resident was found unresponsive and staff could not locate any code status in the EMR or MOLST binder, leading them to follow an informal practice of treating the resident as full code after contacting an NP. Other residents reported not completing admission paperwork or being informed about advance directives, only learning of these during surveyor interviews and then stating their preferences. One resident had directly conflicting documentation, with a MOLST indicating CPR and a physician order indicating DNR/DNI, creating uncertainty about the resident’s actual code status.
Two residents were placed at risk when staff failed to follow policies for medication control and environmental safety. A cognitively impaired resident with depression, AFib, and seizures was found asleep with a bag of prescription medications, including an antidepressant, anticoagulant, and antiseizure drugs, in labeled bottles containing pills on the nightstand, despite facility policy prohibiting bedside medications and requiring home meds to be returned or destroyed. Staff interviews showed that while CNAs and LPNs understood medications should not be left at bedside, one nurse had previously instructed the family to place the medications in the bedside table. In a separate incident, a resident with ataxia, a fall history, spinal stenosis, and wheelchair use had an electric baseboard heater in their bathroom operating with its front cover removed, exposing hot elements and emitting a burning smell; a CNA had noticed the cover on the floor the prior day but did not report it, and Maintenance and nursing staff later confirmed the heater was hot and the cover had to be replaced.
Multiple residents did not receive care according to professional standards and their care plans, including failures in bowel management, UTI assessment, and post-fall evaluation. A resident with chronic constipation and prior fecal impaction had no timely abdominal assessments, no documented use of ordered PRN laxatives, and no consistent provider notification despite multiple days without bowel movements, leading to repeated hospitalizations for severe constipation-related conditions. Another resident with dementia, diabetes, and CKD had family-reported UTI concerns and a documented plan for urinalysis and increased fluids, but there was no corresponding lab order or condition documentation before the resident was later diagnosed with septic shock from UTI. A newly admitted resident’s reported fall was not assessed or documented by nursing, and no incident report or timely family notification was recorded. Two additional residents did not receive ordered PRN bowel medications and their providers were not notified. Staff interviews showed inconsistent understanding and implementation of bowel protocols, monitoring expectations, and adverse event documentation.
Two cognitively intact residents experienced violations of dignity and privacy when staff used derogatory or overly familiar language, moved or removed personal items without consent, and attempted to administer unwanted medications, while an administrator searched a resident’s drawers without permission and questioned them about money. Additionally, a maintenance director was overheard loudly using profanity in a resident hallway. Other CNAs and LPNs reported that facility practice requires knocking, introducing oneself, obtaining permission before handling belongings, and avoiding foul language or arguments in front of residents, underscoring that these incidents did not align with expected standards.
The facility failed to follow its abuse and incident reporting policy by not promptly notifying the administrator and the State Survey Agency of multiple abuse allegations, a resident-to-resident altercation, and serious injuries of unknown source. In one case, two residents were involved in a nighttime verbal and physical altercation that led one resident to call 911, yet no incident report, investigation, or NYSDOH report was found, and care plans lacked abuse-related interventions. In another case, a resident’s allegation of abuse by a CNA was not reported to the administrator within two hours and was not reported to NYSDOH until about a day later. Additional residents experienced an unwitnessed fall with a hip fracture and a hip fracture of unknown origin following prior unwitnessed falls and hospitalizations, but these serious injuries were not reported to NYSDOH as required. Interviews with staff and leadership confirmed that expected immediate reporting, documentation, and investigation processes were not followed.
The facility failed to follow its abuse and incident reporting policies by not thoroughly investigating multiple allegations and events, including a resident-to-resident verbal and physical altercation, a resident’s report of being hurt by a CNA, several unwitnessed falls with head lacerations, and a hip fracture of unknown origin. Required documentation such as completed grievance forms, Accident and Incident Reports, RN assessments, and staff/resident statements was missing or incomplete, and there was no evidence that certain incidents were reported to the State agency. Care plans lacked abuse/neglect interventions, the accused staff member in one allegation continued providing care, and key clinical and administrative staff interviews revealed confusion and inconsistency about who was responsible for initiating and completing investigations and reports.
The facility failed to develop and implement comprehensive, individualized care plans for multiple residents, including the absence of abuse or risk-for-abuse care plans after a resident was identified as an aggressor in a resident-to-resident altercation and another resident was identified as the victim. A resident with obstructive sleep apnea had a documented diagnosis, consultation recommending auto-CPAP, and a physician order for CPAP at bedtime, but no corresponding respiratory care plan. Staff interviews described informal processes for updating care plans and acknowledged that care planning was a significant issue, with limited RN support, despite the facility’s policy requiring individualized care plans with measurable objectives and timetables to address each resident’s medical, nursing, mental, and psychosocial needs.
The facility failed to maintain sufficient nursing and CNA staffing to meet resident needs, as evidenced by staffing schedules that repeatedly fell below the facility’s own minimums and by multiple shifts, including nights, with no scheduled nurses or CNAs. Residents reported long waits for pain medication and assistance with hygiene, including waking up in soaked beds and experiencing delayed call-bell responses, especially overnight. Staff, including CNAs and an LPN, described routinely working with fewer aides than planned, difficulty completing all resident care, and having to finish documentation after their shifts due to workload. The staffing coordinator acknowledged reliance on the facility assessment for staffing numbers and noted that call-outs and no-shows disrupted coverage, while other staff and the ombudsman reported inconsistent staffing across nursing and dietary services.
The facility failed to ensure that nurses and CNAs had the competencies and annual education required by its own assessment and state regulations. Multiple CNAs and LPNs had incomplete or unverifiable education records, with some CNAs receiving less than the required 12 hours of annual in-service and others lacking documentation of training on abuse, neglect, infection control, dementia care, and other mandated topics. Staff interviews revealed confusion about how to access the electronic education system, reports of overdue or incomplete modules, and statements that no recent house-wide education had been received. Leadership interviews showed that responsibility for staff education was unclear, education had lapsed during staffing changes, and there was no officially designated person overseeing the education program.
The governing body failed to establish and implement effective management and operational policies and did not maintain consistent, effective administrative leadership, resulting in widespread regulatory noncompliance. Surveyors cited numerous deficiencies, including repeat citations for failure to maintain a safe, clean, homelike environment, to develop and revise comprehensive care plans, and to provide or document required influenza and pneumococcal immunizations. Additional deficiencies involved resident dignity, notification of providers and representatives about condition changes, protection from abuse and neglect, reporting and investigating injuries and allegations, discharge/transfer documentation, activities programming, and ensuring that clinical and respiratory services met professional standards. The facility’s QAPI policy described a structured program with feedback, data systems, and Performance Improvement Projects, but the document provided was incomplete, and the Administrator reported not recalling any PIPs being conducted. Interviews indicated that the Administrator was infrequently present on-site, residents viewed the Assistant Administrator as the de facto administrator, and a newly arrived DON believed the facility needed revamping while a local administrator was being sought. Further citations included insufficient and incompetent staffing, inadequate pharmaceutical and dietary services, failure to maintain equipment safely, inaccurate staffing data submission to CMS, and inadequate staff and nurse aide training, including missing mandatory QAPI training.
Surveyors found that meals were not consistently palatable or served at appetizing temperatures. During multiple observed breakfast and lunch services, several residents received trays requiring replacement, with hot items such as coffee, hot cereal, and entrées and cold items such as milk, juice, cottage cheese, and fruit measured at varying, often suboptimal temperatures; some food was underprepared or sour, and one beverage was missing a tea bag. A resident reported that food was horrible and usually cold, another stated meals were always cold and arrived last, and a family member described the food as gross. A dietary aide reported limited staffing, tray setup duties, highlighted substitutions, and that the cook checked temperatures before service, while a CNA described frequent complaints about food not matching meal tickets, missing items like oatmeal, and delayed delivery of lunch to the unit. The administrator stated they verified food arrival and that temperatures were taken randomly.
Surveyors found multiple failures in food storage, labeling, and sanitation practices, including an out-of-calibration thermometer, undated open bags of meat and other foods in the walk-in refrigerator and freezer, and English muffins stored at room temperature despite labeling that they should be frozen, with several bags showing visible mold. In unit kitchenettes, bowls of dry cereal were stored in cabinets without dates or times. Two kitchen staff worked in food preparation areas without required hair protection, a bottle of drain cleaner was improperly stored in a food service area, and clean rags were kept at floor level in an overfilled garbage can. The facility’s policy required refrigerated and frozen foods to be covered, labeled, and dated, but this was not followed, and the Food Service Director acknowledged awareness of the dating requirement and lack of awareness of the proper storage requirements for the English muffins.
The facility failed to follow its own policy requiring prompt notification of resident representatives after significant incidents or changes in condition. In one case, a resident with moderate cognitive impairment and mobility issues self‑reported a fall resulting in a skin tear, and while the NP was notified and the resident was assessed, there was no documentation that the representative was informed. In another case, a resident with gastrointestinal and constipation diagnoses and moderate cognitive impairment reported that another resident entered their room at night, yelled at them, and dumped water on them, leading to fear and feelings of being unsafe; a grievance was filed by a family member, but the grievance form lacked key documentation and there was no evidence in nursing notes that the resident’s representative was notified of the altercation.
Two residents were not protected from abuse and neglect when one cognitively impaired resident entered another resident’s room at night, verbally harassed them, poured water on them, and no staff responded to the victim’s calls for help until 911 was called, with no subsequent documentation of assessment, investigation, reporting, or care plan interventions. In a separate event, a resident with a prior hip fracture reported falling and later believing they had re-fractured their hip, while a family member reported the resident lay on the floor for an extended period, was accused by staff of lying about the fall, and required 911 activation for hospital transfer; shift-to-shift communication failures, lack of timely provider notification, and absent or incomplete documentation and investigation contributed to the neglect finding.
Surveyors found that the facility did not maintain all mechanical equipment in safe operating condition when the self-closing mechanism on the main entry door of the walk-in freezer was inoperable and failed to pull the door closed to ensure a tight seal. During observation, the door did not close as intended, and in an interview the Food Service Director reported that an outside company had recently serviced the area but left several items, including this mechanism, in disrepair.
The facility failed to ensure CNAs received the required minimum of 12 hours of annual in‑service training, including dementia care and abuse prevention. A review of education records showed that multiple CNAs completed only a portion of the required electronic education topics and had limited or no attendance at in‑service sessions, resulting in fewer total hours than required. The facility’s own assessment specified mandatory topics such as communication, resident rights, person‑centered care, dementia and behavioral management, abuse, neglect and exploitation, and infection control, but documentation did not show completion of these requirements. Interviews with the administrator, assistant administrator, DON, acting DON, ADON designee, and LPNs revealed that responsibility for education shifted during management turnover, monthly online teachings were inconsistently maintained, reminders were not reliably generated, and some staff did not know how to access the electronic education system, leading to overdue and incomplete training.
Failure to Establish, Document, and Communicate Resident Code Status and Advance Directives
Penalty
Summary
The deficiency involves the facility’s failure to ensure residents were afforded their right to formulate advance directives, have corresponding physician orders for code status, and have those choices documented and communicated to staff. Facility policy required that advance directives be provided on admission, that residents’ wishes for code status be established before CPR through a code status identifier, and that the EMR contain a written MD order and a physical MOLST form. An additional policy required that upon admission and as needed thereafter, residents or their legal representatives be informed of their rights regarding advance directives, that the facility inquire about existing directives, and that the resident’s status be documented in the medical record. Despite these policies, surveyors found multiple residents without documented code status orders, without MOLST forms, and one resident with conflicting documentation of code status. One resident with a history including wedge compression fracture, ischemic heart disease, and hypertensive heart disease was cognitively intact and had no documented physician order for basic life support interventions or code status in the record. When this resident was found unresponsive with low oxygen saturation and no obtainable blood pressure, staff initiated CPR and called 911. Nursing notes and a provider note documented that there was no MOLST or advance directive limiting resuscitation on file at the time of the event, and the NP instructed staff to treat the resident as full code. Interviews with two LPNs revealed they could not identify the resident’s code status, found no MOLST in the binder or code status in the EMR, and followed an understood practice of treating residents as full code when no directive was found. The NP stated a MOLST had been completed at admission and verified, but it was missing from the binder and the code status had not been entered into the EMR because the nurse manager was responsible for that task. The NP also did not document the code status in the admission physical because it was not on the resident’s EMR profile. Additional residents were found without proper documentation of advance directives or code status. One resident with acute and chronic respiratory failure, COPD with acute respiratory infection, and interstitial pneumonitis was cognitively intact, had no MOLST form on the unit, no physician order for basic life support interventions, and no documented code status in the admission provider assessment; the resident and a family member reported that no admission paperwork or advance directive had been completed, though the resident stated a preference to be full code. Another cognitively intact resident with encephalopathy and acute respiratory failure had no physician order for basic life support interventions and no documented code status in the admission assessment; this resident reported not signing admission paperwork, did not know what advance directives were, and after explanation stated a preference for DNR. A further cognitively intact resident with acute respiratory failure, COVID-19 pneumonia, and acute pulmonary edema had no MOLST on the unit, no physician order for basic life support interventions, and no documented code status in the admission assessment, and did not recall signing admission paperwork or knowing about advance directives, later expressing a preference to be full code. Another resident with traumatic ischemia of muscle, dehydration, and muscle weakness, and mild cognitive impairment, had conflicting documentation regarding code status. A MOLST form dated in late January documented that this resident was to have CPR and was signed by the NP several days later. However, physician orders for the same resident included an order entered by an RN for DNR/DNI, which was signed by the NP on a subsequent date. This created a direct conflict between the MOLST form indicating CPR and the physician order indicating DNR/DNI. Interviews with facility leadership confirmed that the facility’s practice was to treat residents as full code when no advance directive was in place and that code status orders were supposed to be matched to the MOLST form when entered into the EMR. The survey identified that for multiple cognitively intact residents, there was either no documented physician order for code status, no MOLST form, or conflicting documentation, leading to an Immediate Jeopardy finding and substandard quality of care for the affected residents.
Removal Plan
- The admission nurse was educated by the Administrator on their responsibilities to educate all residents/representatives on admission/re-admission of their right to formulate advance directives and to ensure a corresponding physician order for code status and/or a MOLST form are entered into the resident's medical record.
- The facility management team conducted a facility-wide audit of each current resident to ensure residents had physician orders for code status and/or a MOLST form.
- All residents without a MOLST had advance directives discussed with them or their representative by nursing staff.
- Corresponding MOLST forms and physician orders for advance directives were entered into the electronic medical record by the unit manager and approved by the Nurse Practitioner.
- The Administrator and Assistant Administrator reviewed the facility policy on advance directives and made no revisions.
- The facility initiated mandatory education for the Nurse Practitioner, all registered nurses, and a licensed practical nurse on the facility policy regarding educating all residents/representatives on admission of their right to formulate advance directives and ensuring a corresponding physician order for code status and/or a MOLST form are entered into the resident's medical record.
- Education was conducted verbally by the Nursing Supervisor and/or designee.
- Facility staff not reached by telephone would not be permitted to work until they received the education.
Unsecured Medications and Exposed Heater Elements Create Accident Hazards
Penalty
Summary
The deficiency involves the facility’s failure to keep the resident environment as free of accident hazards as possible and to provide adequate supervision to prevent accidents for two residents. One resident with recurrent moderate major depressive disorder, atrial fibrillation, seizures, and severe cognitive impairment was found asleep in bed with a clear plastic bag on the nightstand containing three prescription medication bottles: Sertraline 50 mg, Eliquis (Apixaban) 5 mg, and Levetiracetam 500 mg. These bottles were labeled with the resident’s name and contained medication. Facility policy on administering medications stated that medications were never to be left at the bedside and that medications brought in with a resident would be returned to the family or health care proxy, with medications to be reordered and filled by the facility or vendor pharmacy. Staff interviews revealed that a CNA stated they would remove medications found at the bedside and report them to a nurse, and an LPN stated that medications from home were to be locked in the medication cart and then either taken home by family or destroyed. When the surveyor showed the medications on the nightstand to the LPN, the LPN identified the fill dates on the bottles and removed them from the room. Another LPN stated they were not aware the resident had medications on the nightstand and that staff should have seen and removed them, noting that the resident was cognitively impaired and unable to self-administer medications. The Acting DON/Acting ADON stated that the medications at the bedside could have caused serious harm if taken by another resident and described all three as lethal medications that could cause serious harm depending on what and how much was taken. The family member reported that, at admission, a nurse told them the medications were not needed because they would be ordered at the facility and instructed them to put the medications in the bedside table. The second component of the deficiency involved an environmental hazard in another resident’s bathroom. This resident, who had ataxia, a history of falling, spinal stenosis, and used a wheelchair for mobility, was cognitively intact and able to make themselves understood and understand others. During observation, the bathroom door was open and a small electric baseboard heater was seen with its front cover removed and lying on the floor in front of the running heater. The heater was producing heat and a burning smell, and when the surveyor placed a hand close to the exposed heating elements, they were hot enough to cause injury if they came into direct contact with skin or clothing. A CNA reported having seen the heater cover on the floor the previous day and acknowledged they should have reported it to Maintenance but did not, and also did not report it on the day of the survey. The Director of Maintenance and an LPN confirmed that the heater was hot and that the cover had to be put back on, and the LPN stated staff should have reported the missing cover immediately.
Removal Plan
- Resident #2's home medications observed at the bedside were removed from the room and secured.
- Nurse Practitioner #1 was notified regarding the medications found in Resident #2's room.
- The family was to be notified according to facility process.
- Education was provided to all staff on medication administration and continued until all staff were educated.
- Staff rounds occurred during care delivery, activities, therapy, and routine safety checks multiple times a day.
- A full-house in-service was conducted to reinforce medication safety, admission procedures, and environmental monitoring.
- Administrator #1 was notified regarding the prescription medications left at Resident #2's bedside.
- A facility-wide audit of each resident room (including drawers and cabinets) was conducted to ensure no other residents had medications in their rooms.
- A second facility-wide audit of each resident room (including drawers and cabinets) was conducted to ensure no other residents had medications in their rooms.
- Administrator #1 and Assistant Administrator #1 reviewed the facility policy 'Administering Medications' and made no revisions.
- Medications from Resident #2's room were returned to Family Member #3 to take home and destroy.
- Mandatory education/re-education was initiated for all staff that residents were not to have medications in their room and any medications found must immediately be given to a nurse.
- Education was to be conducted verbally (in person or by telephone) by the Nursing Supervisor and/or designee.
- Staff not reached by telephone would not be permitted to work until they received the education.
- Director of Maintenance #1 replaced the cover on the baseboard heater in Resident #3's bathroom.
- Director of Maintenance #1 conducted an audit of the electric baseboard heaters in the facility to ensure covers were in place.
- Assistant Administrator #1 and Director of Maintenance #1 reviewed the facility Work Request Policy and made no revisions.
- Mandatory education was initiated for all staff regarding the process for reporting damaged, broken and/or malfunctioning equipment.
- Education on reporting damaged/broken/malfunctioning equipment was to be conducted verbally (in person or by telephone) by the Nursing Supervisor and/or designee.
- Staff not reached by telephone would not be permitted to work until they received the education on reporting damaged/broken/malfunctioning equipment.
Failure to Follow Bowel Protocols, UTI Assessment, and Post-Fall Procedures
Penalty
Summary
The deficiency involves the facility’s failure to provide treatment and care in accordance with professional standards of practice and person-centered care plans for multiple residents, particularly in bowel management, infection assessment, and post-fall evaluation. One resident with chronic idiopathic and slow-transit constipation, a history of large bowel obstruction, and recent hospitalizations for severe constipation returned from the ED with instructions from a nurse practitioner to continue bowel regimen, closely monitor bowel movements, abdominal distention, nausea, vomiting, and overall comfort, and to update the plan of care. Despite this, the resident’s constipation care plan was not revised after mid-October, and there was no documented evidence that the nurse practitioner’s instructions were incorporated into the care plan or physician orders. Review of bowel movement records, MARs, and nursing notes for December and January showed no routine abdominal assessments when bowel movements were absent, no administration of PRN bowel medications per orders and facility policy, and no timely provider notification when the resident went more than 24 hours without a bowel movement, even on multiple multi-day stretches without documented bowel movements. The resident ultimately required repeated hospitalizations, including treatment for severe sepsis and proctocolitis and later fecal impaction requiring disimpaction under general anesthesia. The facility also failed to ensure timely assessment and intervention for suspected urinary tract infection in another resident with severe dementia, diabetes, and chronic kidney disease. A nurse practitioner note documented that the family was concerned about a possible UTI and that a urinalysis would be considered, and a subsequent note documented decreased oral intake with a plan to provide extra fluids and obtain a urine sample for urinalysis. However, there was no documented evidence of an order for a urinalysis on the date specified, and progress notes lacked documentation of the resident’s condition around the time of the planned testing. The resident was later diagnosed with septic shock secondary to UTI, indicating that the infection progressed without documented timely diagnostic follow-up as initially planned. Additional deficiencies involved failure to assess and document a reported fall and failure to administer PRN bowel medications or notify providers for other residents. One newly admitted resident reported a fall on an evening shift, but there was no nursing assessment documented at the time of the fall, no incident report initiated, and no documentation of family notification by the nurse on that shift. The resident later complained to a family member about the fall and was sent back to the hospital within 24 hours of admission. For two other residents with bowel management needs, the facility did not ensure administration of ordered PRN bowel medications during specified months and did not notify the provider when these medications were not given. Interviews with CNAs, LPNs, an RN, the nurse practitioner, the medical director, the DON, and the administrator revealed inconsistent understanding and implementation of the bowel protocol (including differing beliefs about when bowel alerts should trigger interventions and provider notification), lack of awareness of specific monitoring expectations, and acknowledged issues with documentation and processes for adverse event reporting and follow-through.
Failure to Maintain Resident Dignity, Respect, and Privacy
Penalty
Summary
The deficiency involves the facility’s failure to honor residents’ rights to dignity, respect, self-determination, and privacy, as required by its Quality of Life/Dignity policy and 10 NYCRR 415.12(h)(1)(2). The policy states that residents are to be treated with dignity and respect at all times, that staff will knock and obtain permission before entering rooms, will not handle or move resident belongings without permission, and will speak respectfully to residents, addressing them by their chosen names. Despite this, surveyors observed and residents reported multiple instances where staff behavior and administrative actions did not comply with these standards. Resident #1, who was cognitively intact and able to understand and be understood according to the MDS, reported that staff called them “honey,” “sweetie,” and “big-butt,” and that they did not like being addressed with these pet names. Resident #1 also stated that their Refresh eye drops, which they had been self-administering for a long time, were taken away by staff, and they did not believe staff considered evaluating whether they could continue to keep and use the drops. Additionally, the resident reported that staff had moved their denture cream approximately two nights prior and that they were still unable to locate it. Resident #1 further stated that nurses continued to try to administer melatonin at bedtime despite the resident informing the nurse that they did not want it. Resident #4, who was also cognitively intact per the MDS, reported that Administrator #1 entered their room and searched through three nightstand drawers without first obtaining permission. Resident #4 stated they had to ask Administrator #1 what they were doing, and Administrator #1 explained they were looking for medications, scissors, or clippers, and then asked the resident about the location of their money. Separately, during an observation on the first-floor rehabilitation unit, the Maintenance Director was heard loudly stating, “Can’t get fucking lucky,” in a hallway near the nursing station. Multiple CNAs and LPNs interviewed described that proper practice is to knock, introduce themselves, and obtain resident permission before going through belongings, and several acknowledged that cursing or arguing in front of residents constitutes a dignity issue, indicating that the observed and reported behaviors were inconsistent with facility expectations and policy.
Failure to Timely Report and Investigate Abuse Allegations and Injuries of Unknown Source
Penalty
Summary
The deficiency involves the facility’s failure to timely report and investigate multiple allegations and incidents of abuse, neglect, and injuries of unknown source, and to notify the administrator and the State Survey Agency within required timeframes. Facility policy required that all alleged violations and injuries of unknown source be reported immediately, but not later than two hours if the events involved abuse or resulted in serious bodily injury, and not later than 24 hours if they did not involve abuse and did not result in serious bodily injury. The policy also required immediate notification of the nursing supervisor, DON, or administrator, initiation of an investigation, and reporting to the New York State Department of Health (NYSDOH). Surveyors found that these requirements were not followed for several residents. For two residents involved in a resident-to-resident altercation, the facility did not ensure timely reporting or investigation. One resident with moderate cognitive impairment reported that another resident entered their room during the night, yelled at them, and dumped water from a refillable water bottle on them, leading the resident to call 911 when staff did not respond to their calls for help. The family later learned of the incident directly from the resident and filed a grievance. The grievance form lacked documentation of who received it, whether further investigation was required, and any investigation or follow-up details, although it noted the complainant was notified of actions taken. Nursing progress notes for the month did not document the altercation or any post-incident assessment, and the comprehensive care plans for both residents did not include interventions related to abuse or neglect. The facility could not provide an incident report or investigation, and there was no evidence the incident was reported to NYSDOH or that the administrator was notified at the time of occurrence. For another resident, the facility failed to meet reporting requirements after an allegation of staff-to-resident abuse. This resident reported an allegation of abuse by a CNA on a specific evening. The allegation was not reported to the administrator within two hours as required for abuse allegations, and it was not reported to NYSDOH until approximately 24 hours after the allegation was made. Additionally, a resident who sustained an unwitnessed fall and was later found to have a hip fracture was not reported to NYSDOH, despite the serious injury. Another resident with dementia and severe cognitive impairment experienced two unwitnessed falls with head lacerations, was sent to the hospital, and later was found to have an acute left hip fracture of unknown source after returning to the facility and developing acute hip pain and functional decline. Staff interviews indicated that this resident had been ambulatory and independent with a walker before the fracture and experienced a significant decline afterward. The acting DON and administrator stated that injuries of unknown origin should be reported to NYSDOH, but there was no evidence that this fracture of unknown source was reported or that an investigation consistent with policy and regulatory requirements was completed. Interviews with facility leadership and clinical staff confirmed that required notifications and investigations did not occur as expected. The assistant administrator reported they were not notified of the resident-to-resident incident and could not locate an incident report or investigation, and acknowledged the event was reportable and should have triggered a full investigation and assessments of both residents. The DON and administrator, who were not in their roles at the time of some incidents, stated their expectations that resident-to-resident altercations, abuse allegations, and injuries of unknown origin be immediately reported to them and to NYSDOH, and that thorough investigations be conducted. The medical director stated they were not always notified of reportable incidents and expected investigations for injuries of unknown origin. Overall, surveyors determined that for multiple residents, the facility did not ensure immediate reporting of alleged violations and injuries of unknown source to the administrator and appropriate authorities, and did not ensure that required investigations and documentation were completed in accordance with facility policy and 10 NYCRR 415.4(b)(2).
Failure to Investigate and Report Alleged Abuse, Falls, and Injuries of Unknown Origin
Penalty
Summary
The deficiency involves the facility’s failure to thoroughly investigate, protect residents during, and properly report multiple allegations and incidents of potential abuse, neglect, falls, and injuries of unknown origin. Facility policy required immediate reporting of suspected abuse, mistreatment, neglect, exploitation, or misappropriation of property to the New York State Department of Health (NYSDOH) and facility leadership, initiation of an investigation coordinated by the DON, immediate actions to prevent further potential abuse, completion of RN and psychosocial assessments, and suspension of any accused staff member pending investigation. Surveyors found that for several residents, there was no documented evidence that these steps were followed, and key staff interviews confirmed that expected processes were not consistently carried out. For two residents involved in a resident-to-resident altercation, the facility lacked documentation of an investigation into a reported verbal and physical incident in which one resident entered another resident’s room at night, allegedly harassed them, and struck them with a water bottle. The resident who reported being assaulted told a family member they felt shaky and scared whenever they saw the other resident and did not feel safe with that resident remaining on the same floor. The grievance form documenting this allegation was incomplete: the staff recipient’s name/signature was blank, the section asking whether further investigation was required was left blank, and there was no documented investigation or follow-up narrative. There was also no evidence that the incident was reported to NYSDOH, and the care plans for both residents did not include abuse/neglect interventions related to this event. Another deficiency involved a resident who reported being hurt by a CNA, where the facility did not initiate an immediate investigation or measures to prevent further potential abuse at the time of the report. As a result, the accused staff member was not identified when the allegation was made and continued to provide care to residents. For additional residents with multiple falls and an injury of unknown origin, including several unwitnessed falls and a hip fracture discovered after reports of acute hip pain and functional decline, there was no documented evidence of thorough investigations. In one case, an unwitnessed fall with head lacerations and a second fall with a larger scalp laceration requiring hospital treatment were not supported by complete Accident and Incident Reports, RN assessments, or staff and resident statements. The hip fracture was also not accompanied by an Accident and Incident Report or investigation to rule out possible abuse or neglect. Interviews with nursing and medical staff revealed uncertainty and inconsistency regarding who initiated and completed Accident and Incident Reports and investigations, and the Medical Director reported not having seen or signed any such reports in recent months, despite expecting investigations and reporting for injuries of unknown origin and falls. Additional interviews with facility leadership and clinical staff confirmed that the expected processes for incident/accident reporting and investigation were not followed. A nurse manager stated they were not notified of the resident-to-resident altercation until a later family meeting and did not conduct any staff interviews or investigation. The assistant administrator, medical director, DON, and administrator each stated they would have expected immediate reporting of resident-to-resident altercations, completion of incident/accident reports, and thorough investigations, including interviews and documentation, but acknowledged these did not occur in the cited cases. Staff also reported that turnover and vacant positions contributed to incident and accident reporting not occurring as it should have, and the acting DON was unsure how Incident and Accident Reports were being completed. Collectively, these findings show that the facility did not ensure all alleged violations and injuries of unknown origin were thoroughly investigated, that residents were protected from further potential abuse or neglect during investigations, and that results were reported to the administrator and State Survey Agency within required timeframes.
Failure to Develop and Implement Comprehensive, Individualized Care Plans
Penalty
Summary
The deficiency involves the facility’s failure to develop and implement comprehensive, individualized care plans with measurable objectives and timetables for multiple residents, as required by its own care planning policy and professional standards. For one resident with dementia, Parkinsonism, and age-related debility, the record showed that after the resident was identified as the aggressor in a resident-to-resident altercation, there was no documented care plan addressing abuse or risk for abuse, despite an order for CNAs to complete safety checks every two hours. Another resident with obstructive sleep apnea, diabetes mellitus type 2 with hyperglycemia, and hemiplegia/hemiparesis following cerebral infarction had a documented diagnosis of obstructive sleep apnea, a consultation recommending an auto-CPAP, and a physician order for CPAP use at bedtime, but there was no documented respiratory care plan addressing this condition and its management. A further resident with noninfective gastroenteritis and colitis, chronic idiopathic and slow transit constipation, and type 2 diabetes had a grievance filed on their behalf stating that another resident entered their room at night and harassed and assaulted them with a water bottle, and that they no longer felt safe with the aggressor on the same floor. Although staff reported placing a stop sign across this resident’s door after learning of the grievance, there was no documented evidence that a care plan for abuse or risk for abuse was developed and implemented with specific interventions after the resident was identified as the victim of a resident-to-resident altercation. Interviews with staff further described systemic issues with care planning. One LPN stated that if they noticed something that needed to be added to a resident’s care plan, such as fall risk, they would notify the unit manager, indicating reliance on informal communication rather than a documented, comprehensive process. The DON stated that care planning was a significant issue at the facility and cited a lack of RNs to assist with care planning. The Administrator stated that care plans should be individualized and that care plans assure residents are safe and cared for accordingly, underscoring that the identified omissions in abuse, respiratory, and other condition-specific care plans were inconsistent with the facility’s stated expectations and written care planning policy.
Persistent Understaffing of Nursing and Support Staff
Penalty
Summary
The deficiency involves the facility’s failure to provide sufficient nursing staff, including licensed nurses and CNAs, to meet residents’ needs as outlined in its own facility assessment. The assessment dated January 2026 specified required nursing administration and direct-care staffing per unit and per shift, including RN/LPN supervisory coverage and minimum CNA numbers on days, evenings, and nights. Review of staffing sheets from late November 2025 through late February 2026 showed repeated and sometimes severe understaffing compared to these minimums, including multiple shifts with fewer nurses and CNAs than required and numerous night shifts with no scheduled nurses or no CNAs. On several dates, there were zero nurses scheduled for the night shift aside from a nurse supervisor, and on some nights there were no CNAs scheduled at all. Residents reported that this staffing pattern affected their care. One resident stated staffing was an issue, turnover was very high, and they were sometimes scared to ask for pain medication because staff were so busy; this resident reported receiving only one shower per week and feeling that staff became upset if they asked for more assistance. Another resident described being suspicious of staff and believed the facility was short staffed, reporting that getting help to clean up was inconsistent and that they sometimes had to wait a long time for pain medication. A different resident reported that staffing was too often short, especially at night, and described waking up in the morning with the bed soaked from overnight because no one had been available to change them; this resident stated they would ring the call bell when needing the bathroom or incontinence care, but no one would come, and that call bells often took 30 minutes or more to be answered, particularly on nights. Additional residents and staff corroborated ongoing staffing shortages. Several residents stated there were not enough staff, particularly on the overnight shift, and that medications were not always given on time and they had to wait a long time for help. A CNA reported that it was difficult to get to all residents on their assignment, especially on the 3 PM–11 PM shift when some residents became more confused, and that they often had to complete documentation an hour after their shift ended due to workload. The staffing coordinator, who assumed responsibility for staffing in mid-February 2026, acknowledged that staffing levels were based on the facility assessment and that call-outs and no-call/no-shows disrupted staffing. An LPN described typical patterns of having fewer aides than expected on days and evenings and only one aide per floor and one LPN for both floors at night, with situations where the supervisor was the only LPN and had to perform both medication passes and supervisory duties. Dietary staff and the ombudsman also reported inconsistent staffing, including an instance when breakfast was delayed until late morning and prepared by maintenance because kitchen staff had called out.
Failure to Ensure Staff Competency and Required Annual Education
Penalty
Summary
The deficiency involves the facility’s failure to ensure that licensed nurses and certified nurse aides possessed and maintained the specific competencies and skills required to meet residents’ needs, as outlined in the facility assessment. The facility assessment dated 1/2026 listed numerous required staff training and competency areas, including communication, resident rights and facility responsibilities, emergency planning, person-centered care, dementia and behavioral management, substance abuse identification, trauma-informed care/PTSD, proper body mechanics, abuse/neglect/exploitation, infection control, culture change, required in-service training for nurse aides, identification of resident changes in condition, and cultural competency. It also specified that nurse aides must receive at least 12 hours of annual in-service training, including dementia management and resident abuse prevention, and that training should address areas of weakness and special resident needs. Additional competencies such as ADLs, disaster planning, infection control, medication administration, measurements, resident assessment/observation, Alzheimer’s/dementia care, and specialized mental/psychosocial care were also identified as necessary. Record review showed that multiple staff did not have complete or verifiable education records consistent with these requirements. One CNA’s education file lacked evidence of completion of all annual education after 1/09/2022, and the electronic record showed less than 12 hours of annual education completed by the time of survey. Another CNA’s file contained multiple in-service sign-in sheets and some posttests, but it could not be determined from the documentation whether all required annual education had been completed; this CNA’s electronic record also showed less than 12 hours of annual education. A third CNA’s file contained no evidence of annual education other than a written statement of verbal education related to a specific incident in 2/2026, and the electronic records contained no education topics for this aide. For LPNs, one nurse’s file had no documented evidence of annual education since 2022 except for a single 2024 posttest and part of an untitled answer sheet, and the electronic record showed only 2 of 10 required topics completed for 2025. Another LPN’s file lacked documented annual education since 2024, and the electronic record showed only 1 of 6 required topics completed for 2025. Interviews further demonstrated a lack of clear oversight and consistent implementation of the education program. The assistant administrator stated that the nurse educator role was typically filled by the assistant DON, and that an RN had been filling in, but also acknowledged that with staff changes, education had stopped for a period and that a binder of education information maintained by the prior assistant DON could not be located. The assistant administrator and other leaders described reliance on an electronic education system and on-the-spot or group in-services, but staff interviews revealed confusion about how to access online education, awareness of overdue modules, and reports of not having enough time to complete them. Several CNAs and an LPN reported not receiving education in the last year or not having training on key topics such as abuse, neglect, infection control, dementia/behavioral health, or QAPI. The acting DON stated they did not conduct education, and a unit manager LPN was unsure who was responsible for assigning education. A laundry attendant reported receiving only task-specific training and no house-wide education such as abuse and neglect. Overall, the documentation and interviews showed incomplete education records, insufficient annual hours for CNAs, missing required topics, and no clearly designated person overseeing education, contrary to the facility’s own assessment and regulatory requirements.
Governing Body and Administrative Failures Leading to Widespread Regulatory Noncompliance
Penalty
Summary
The governing body failed to establish and implement effective policies for managing and operating the facility and did not maintain a consistent, properly functioning Administrator responsible for regulatory compliance. Surveyors identified multiple deficiencies across numerous regulatory areas, including repeat deficiencies related to providing a safe, clean, comfortable, homelike environment (F584), developing and implementing comprehensive care plans (F656), revising care plans in a timely manner (F657), and ensuring influenza and pneumococcal immunizations (F883). Additional cited deficiencies included failures in resident dignity (F550), notification of providers and resident representatives about changes in condition (F580), protection from abuse and neglect (F600), reporting injuries of unknown origin to the State Survey Agency (F609), and thoroughly investigating all allegations of abuse, neglect, exploitation, or mistreatment (F610). The scope of deficiencies also extended to discharge/transfer documentation and notification (F628), activities programming (F679), and ensuring that services, including respiratory care, met professional standards (F684, F695). The facility’s Quality Assurance and Performance Improvement (QAPI) program, as documented in an undated policy, described a structure for feedback, data systems, monitoring, and Performance Improvement Projects (PIPs) based on high-volume, high-risk, or problem-prone activities, and input from various data sources such as incident reports, infection control reports, consultant reports, and department head meetings. The policy listed objectives to establish and maintain an ongoing QAPI program, assist departments with performance improvement projects, evaluate results of actions taken, and centralize quality improvement activities. However, the document provided to surveyors was incomplete, ending abruptly after the word “All,” and the last two pages consisted of a QAPI test. Administrator #1 reported not recalling ever doing a Performance Improvement Project or Plan with any individuals in the facility, despite the written QAPI policy describing such activities as part of the facility’s quality program. Interviews further demonstrated instability and inconsistency in facility leadership and administration. Ombudsman #1 reported being in the facility weekly and not seeing the Administrator for extended periods, sometimes a month or more, and stated that the Assistant Administrator was effectively administering the building and was viewed by residents as the actual Administrator. Assistant Administrator #1 stated that Administrator #1 was only periodically in the facility but was accessible by phone and in frequent contact. Administrator #1 stated they became Administrator in August 2025 after the prior Administrator abruptly left, that they owned 9% of the facility, and that they had previously been in the building every other week when the prior Administrator was in charge. Administrator #1 acknowledged that residents might not know they were the Administrator and stated they were unaware of some issues identified during the survey and had not conducted PIPs. The DON, who had been in the building for about a week at the time of interview, stated that the facility “needed revamping” and that they were actively interviewing for a local administrator. Collectively, these observations and statements supported the finding that the governing body did not ensure stable, effective administrative leadership or fully implemented policies and systems necessary to manage operations and maintain regulatory compliance. The deficiencies extended into multiple operational domains, including staffing, pharmacy, dietary, maintenance, and training. Surveyors cited failures to ensure sufficient and competent nursing staff (F725, F726), to provide pharmaceutical services that met residents’ needs (F755), and to ensure physician notes were accurately entered and maintained (F711). Dietary-related deficiencies included failure to provide palatable, attractive food at safe and appetizing temperatures (F804) and to store, prepare, distribute, and serve food in accordance with professional food safety standards (F812). The facility also failed to maintain mechanical, electrical, and patient care equipment in safe operating condition (F908). Training-related deficiencies included failure to develop, implement, and maintain an effective training program for all new and existing staff (F940), failure to include mandatory QAPI training as part of the QAPI program (F944), and failure to provide at least 12 hours per year of in-service training to ensure nurse aide competence (F947). The facility was also cited for failing to submit accurate staffing information based on payroll data to CMS (F851) and for failing to ensure effective QAPI feedback, data systems, and monitoring (F867), as well as for failures related to providing and/or documenting required influenza and pneumococcal immunizations (F883). These findings collectively demonstrated that the governing body had not effectively implemented the policies and oversight necessary to ensure compliance with regulatory requirements across multiple areas of facility operation.
Failure to Provide Palatable Meals at Appropriate Temperatures
Penalty
Summary
The deficiency involves the facility’s failure to ensure that food and drink were palatable, attractive, and served at safe and appetizing temperatures for three of three meals reviewed. During a lunch tray sampling for one resident on 02/13/2026, the resident’s lunch tray required replacement, resulting in a 32‑minute wait from the time of request. Temperature checks of that tray showed coffee at 119.3°F, whole milk at 49.1°F, seafood casserole at 125.5°F, California blend vegetables at 122.2°F, and chocolate cake at 68.5°F. During a breakfast tray sampling on 02/17/2026 for another resident, a replacement tray was also required, and temperatures were recorded as follows: water for tea 144.1°F, whole milk 53.2°F, orange juice 56.1°F, hot cereal 136.9°F, sausage patty 102.0°F, toasted bagel 85.6°F, and cream cheese packets at 41.1°F and 41.5°F. During a lunch tray sampling on 02/17/2026 for a third resident, the tray again required replacement, and temperatures were recorded as: water for tea 140.7°F (with the tea bag missing), apple juice 64.9°F, cranberry juice 64.2°F, Philly steak on bun with peppers, onions, and cheese sauce casserole 128.5°F, mixed vegetables 124.9°F, bow tie noodles 110°F (noted to be underprepared with no sauce), cottage cheese 49°F, and assorted fruit 64.2°F, with the canned oranges noted to be sour to taste. Interviews supported ongoing concerns with food quality and temperature. One resident stated that the food was horrible and delivered cold most of the time, and another resident reported that meals were always cold and that they were the last one on the list for food delivery. A family member described the food as gross. A dietary aide reported responsibilities including tray setup and ensuring items matched meal tickets, noted that requested substitutions were being highlighted, and stated that replacement meals normally took 3–4 minutes to prepare and deliver, while also indicating staffing was usually limited and that the cook tested food temperatures before delivery. A CNA stated that lunch was usually brought to the unit around 12:30 PM, that residents always complained about food not matching meal tickets, and gave an example of a resident missing oatmeal from their tray; they reported that if items were missing, they would call or go to the kitchen to obtain them, and at 12:55 PM on one day, lunch had still not been delivered to the unit. The administrator stated they checked that food arrived to residents and that temperatures were taken randomly.
Food Storage, Labeling, and Sanitation Deficiencies in Dietary Services
Penalty
Summary
Surveyors identified that the facility failed to store and prepare food in accordance with professional standards and its own Food Receiving and Storage policy. During kitchen tours, one of four thermometers tested in an ice water bath was found out of calibration, reading 37°F instead of the acceptable 32°F. In the walk-in refrigerator, open bags of pepperoni and hot dogs were found without dates, and in the walk-in freezer, open bags of chicken, green beans, sausage patties, and egg patties were also undated. In dry storage, eight bags of English muffins labeled by the manufacturer to be stored frozen were found on shelves instead of in the freezer; all were undated and four bags had visible mold. In second floor kitchenettes, multiple bowls of dry cereal were stored in cabinets without any dates or times labeled. Additional observations showed potential for contamination of food products and improper storage of non-food items in food service areas. Two of five kitchen staff working in the food preparation area were not wearing required hair protection. A bottle of drain cleaner was found improperly stored in the food service area, and clean/dry rags were stored at floor level in an overfilled small garbage can. The facility’s undated Food Receiving and Storage policy requires that all food stored in refrigerators or freezers be covered, labeled, and dated, but the Food Service Director acknowledged awareness that the unlabeled food in the walk-in refrigerator, freezer, and unit kitchenettes should have been dated and was unable to explain why it was not. The Food Service Director also stated they were unaware that the English muffins were required to remain frozen and that someone else must have unpacked them.
Failure to Notify Resident Representatives of Falls and Resident-to-Resident Altercations
Penalty
Summary
The deficiency involves the facility’s failure to notify resident representatives of significant changes in residents’ status, as required by facility policy and 10 NYCRR 415.3(e)(2)(ii)(a). The facility’s written policy, “Change in a Resident Condition or Status” (revised 12/2019), required licensed nursing staff to promptly notify the resident’s representative whenever the resident was involved in any accident or incident, or when there was a significant change in the resident’s physical, mental, or psychosocial status. Surveyors determined that this notification did not occur for two residents following events that met the facility’s own criteria for required notification. For one resident with diagnoses including hematuria, overactive bladder, difficulty walking, and moderate cognitive impairment, a nursing progress note documented that on 8/05/2025 the resident self‑reported a fall to a CNA, who informed the nurse. The nurse then notified the nurse practitioner and assessed the resident, identifying a skin tear on the top of the right hand. However, there was no documentation in the nursing progress notes that the resident’s representative was notified of this self‑reported fall with injury. During interview, the assistant administrator confirmed there was no documentation that the family had been notified of the fall. For another resident with diagnoses including noninfective gastroenteritis and colitis, chronic idiopathic constipation, and slow transit constipation, and with moderate cognitive impairment, a grievance form dated 6/28/2025 documented that a family member reported a complaint that another resident had entered the resident’s room during the night of 6/22/2025–6/23/2025, yelled at the resident, and dumped water from a refillable water bottle onto them. The grievance described that the resident felt shaky, scared, and unsafe when seeing the other resident and requested that the other resident be moved. The grievance form lacked documentation of who received the grievance, whether further investigation was required to rule out abuse/neglect, and any investigation or follow‑up details, although it did note that the complainant was notified of actions taken and was satisfied. There was no documentation in the nursing progress notes that the resident’s representative was notified of the resident‑to‑resident verbal/physical altercation during the night shift, and the family member later stated in interview that no one from the facility had reported the incident to them and that they learned of it directly from the resident.
Failure to Protect Residents From Abuse, Neglect, and Inadequate Incident Response
Penalty
Summary
The deficiency involves the facility’s failure to protect residents from abuse and neglect and to respond appropriately to allegations and incidents involving two residents. One resident with moderate cognitive impairment reported that another resident with severe cognitive impairment entered their room during the night, verbally harassed them, and poured water from a refillable water bottle onto them. The resident yelled for help, but no staff responded, and the resident ultimately called 911. The 911 dispatcher then contacted the facility, prompting staff to enter the room. The resident later told a family member they felt shaky, scared, and remained afraid when they saw the other resident. The family member filed a grievance describing the incident and requesting that the aggressor be moved to another unit. The grievance form documenting this incident was incomplete. The section identifying the staff member who received the grievance was left blank, as were the sections indicating whether the grievance required further investigation and the investigation/follow-up to the complaint. Although the form noted that the complainant was notified of actions taken and was satisfied, there was no documented evidence of an investigation of the incident, no nursing progress notes describing the altercation or post-incident assessments for either resident, and no care plan interventions to prevent recurrence of abuse for either resident. The facility was unable to provide documentation that the incident was reported to the state health department. Key leadership staff, including the assistant administrator, current administrator, and current director of nursing, reported they were not notified of the incident and could not locate an incident report or investigation. The second deficiency concerns a different resident who had a history of a left femur fracture, malignant neoplasm of the cerebral meninges, and anxiety, and who was independent in decision-making. An incident report documented that this resident was found on the floor during rounds and stated they had fallen while trying to close their door; a licensed nurse assessed the resident, who reportedly denied pain and head injury, had stable vital signs, and the family was notified. However, the resident later told staff they believed they had re-fractured their hip and called their family to request hospital evaluation. The family member reported receiving multiple calls from the resident stating no one was attending to them, that the resident had lain on the floor for about an hour before being put back to bed, and that when the family called the nurses’ station, an unnamed staff member said the resident was lying and hung up. The family member further reported that staff then entered the resident’s room and yelled at the resident for calling their family and lying about falling, after which the family called 911 for hospital transfer. Communication and reporting failures contributed to the neglect finding for this second resident. The LPN on the night shift stated they were not informed by the prior-shift LPN that the resident had fallen, and only heard from CNAs that the resident “had fallen” without clear confirmation. When the family member called about the fall, the night-shift LPN did not know what they were referring to because they had not been told of the incident. The on-call provider was not notified before the resident’s transfer to the emergency department, and there was no documented evidence that the medical director was made aware of the resident’s experience. The DON stated that, in the event of a fall, they would expect a thorough investigation, completion of an incident report, documentation in the electronic health record, and family notification, and that such events should be reviewed in morning report. The administrator acknowledged there were issues with documentation and staff understanding of processes for adverse events and reporting, underscoring the facility’s failure to ensure the resident was free from neglect.
Failure to Maintain Functional Self-Closing Mechanism on Walk-In Freezer Door
Penalty
Summary
The facility failed to maintain mechanical and patient care-related equipment in safe operating condition when the self-closing device on the walk-in freezer door was not functioning as intended. During an observation conducted on 2/17/2026 at 11:00 AM, surveyors noted that the self-closing mechanism on the main entry door of the walk-in freezer was inoperable and did not pull the door closed to ensure a tight seal. In a subsequent interview on 2/17/2026 at 2:00 PM, the Food Service Director stated that an outside company had been at the facility several days earlier and had left several items, including this mechanism, in disrepair, and acknowledged the need to contact them to have the issue addressed. This deficiency was cited under 10 New York Codes, Rules, and Regulations 415.5(e)(1)(2), which requires that all mechanical, electrical, and patient care equipment be maintained in safe operating condition.
Failure to Provide Required Annual In‑Service Training for CNAs
Penalty
Summary
The deficiency involves the facility’s failure to ensure that nurse aides received at least 12 hours of annual in‑service training, including dementia care and abuse prevention, as required by regulation and the facility’s own assessment. Record review showed that 11 of 14 CNAs did not complete the minimum required hours or topics. The facility assessment dated 1/2026 specified that nurse aide in‑service training must be no less than 12 hours per year and include dementia management and resident abuse prevention, as well as topics such as communication, resident rights, emergency planning, person‑centered care, behavioral management, substance abuse identification, trauma‑informed care, body mechanics, infection control, and culture change. It also stated that training should address areas of weakness identified in performance reviews and the facility assessment. Education records and in‑service sign‑in sheets demonstrated that multiple CNAs fell short of these requirements. One CNA hired in 2013 completed 7 of 11 required electronic topics totaling 4 of 7.5 hours and attended 5 in‑service trainings in 2025, while another hired in 2017 completed only 3 of 11 topics totaling 2.5 of 7.5 hours and attended 1 in‑service. Other CNAs hired between 1984 and 2024 showed similar shortfalls, such as completing only 3–6 of 8–14 required electronic topics and accumulating between 2.5 and 6 hours of electronic education, with 0–2 in‑service sessions attended in 2025. Several CNAs had no in‑service attendance documented for the year. The facility was unable to provide evidence that these CNAs had received the full 12 hours of mandatory annual training, including dementia and abuse content. Interviews with administrative and nursing staff revealed inconsistent responsibility and follow‑through for the education program, contributing to the deficiency. The assistant administrator stated that the nurse educator role typically belonged to the ADON, and that RN staff had been “filling in,” with on‑the‑spot education occurring as needed. Staff reported that online education was done through an electronic system, but that education had stopped for a period during management changes, and that reminders were not consistently generated or posted. One LPN stated they did not know how to access the computer‑based education, and another acknowledged having overdue electronic education. The acting DON stated they did not do education, and the new DON and administrator both acknowledged that the education process lacked structure, that responsibilities had shifted with staff turnover, and that they were unclear or mistaken about the exact annual hour requirements for CNAs. These actions and inactions resulted in the facility’s failure to ensure sufficient, documented annual in‑service training for the affected CNAs.
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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Every citation, penalty and Plan of Correction is sourced from public CMS records (latest release May 27, 2026) and official state health department websites — never guesswork.
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