Sapphire Center For Rehab & Nursing
Inspection history, citations, penalties and survey trends for this long-term care facility in Flushing, New York.
- Location
- 35 15 Parsons Blvd, Flushing, New York 11354
- CMS Provider Number
- 335133
- Inspections on file
- 19
- Latest survey
- May 6, 2025
- Citations (last 12 mo.)
- 0
Citation history
Health deficiencies cited at Sapphire Center For Rehab & Nursing during CMS and state inspections, most recent first.
The facility failed to properly complete and verify the background information of a prospective Assistant Director of Nursing, leading to their hiring and subsequent promotion to Director of Nursing. This individual, who had undisclosed prior convictions, was later accused of stealing over 1,500 medication pills meant for destruction and falsifying records. The deficiency was attributed to a lack of accountability and communication among the facility's administration and human resources personnel.
A resident with dementia was physically abused by a CNA, resulting in a wrist fracture. The incident was witnessed by an RN and another CNA, who did not intervene. The facility's abuse prevention policy was not followed, and the incident was inaccurately reported. The CNA involved had not received documented training on abuse procedures and continued to work with residents after the incident.
The facility failed to report several incidents of alleged abuse and injuries to the state health department within the required timeframe, resulting in a finding of substandard quality of care and immediate jeopardy. Incidents included a CNA striking a resident with dementia, leading to a wrist fracture, and other residents with injuries that were not reported. Staff failed to adhere to reporting policies, and the delay in reporting contributed to the finding of immediate jeopardy.
The facility failed to investigate and report incidents of abuse and neglect involving two residents. One resident with dementia was struck by a CNA, resulting in a wrist fracture, and the incident was not reported timely. Another resident with a seizure disorder had a fall and unexplained knuckle discoloration, which were not investigated. These failures led to a finding of Substandard Quality of Care and Immediate Jeopardy.
The facility failed to conduct annual performance reviews and provide required in-service training for CNAs, as revealed during a survey. Interviews with staff confirmed the absence of reviews, with the responsibility falling through due to personnel changes.
The facility failed to effectively administer resources, leading to deficiencies in abuse reporting, recreation, and interpretation services. An Immediate Jeopardy situation arose due to inadequate staff training on abuse reporting. Recreation staff were not managed to meet residents' activity needs, and interpretation services lapsed, affecting non-English speaking residents.
The facility failed to provide 12 certified nurse aides with the required 12 hours of annual in-service training, including dementia management and abuse prevention, as mandated by policy. During a survey, it was found that there was no documented evidence of such training for the year 2023. Interviews with the In-service Coordinator and the DON confirmed the absence of training records, indicating non-compliance with regulatory requirements.
During a survey, it was found that nurses in the facility failed to follow infection control protocols, including hand hygiene and equipment sanitization, during medication administration. A nurse did not sanitize hands or equipment between residents, and another did not use Enhanced Barrier Precautions. The Infection Preventionist admitted incomplete implementation of precautions, and the DON noted a recent COVID-19 outbreak, indicating lapses in infection control.
The facility did not ensure comprehensive care plans were reviewed and revised for six residents after significant changes in their conditions. A resident's fall, tracheostomy removal, and a resident-to-resident altercation were not reflected in updated care plans. Staff interviews revealed a lack of awareness and supervision, contributing to the oversight.
The facility failed to provide an ongoing activities program that met the interests and supported the well-being of its residents. Several residents, including those with severe cognitive impairments and language barriers, were observed without engagement in meaningful activities. Despite having care plans and preferences documented, these residents were not involved in activities that met their needs, and staff were primarily focused on main floor activities, neglecting on-unit engagement.
The facility failed to maintain resident dignity and privacy, as evidenced by uncovered Foley catheter bags, lack of privacy during personal care, and point of care testing conducted in public areas. A resident's catheter bag was left uncovered despite a physician's order, and another resident received a bed bath without a privacy curtain. Additionally, blood glucose checks and insulin administration were performed in the dining room, contrary to facility policy.
The facility failed to provide adequate language interpretation services for three residents with limited English proficiency, resulting in communication barriers regarding their health status, care, and treatments. Despite having care plans that required translators, the residents, who spoke Korean, Cantonese, and Mandarin, were not provided with necessary interpretation services or communication aids. Staff were unaware of available resources, and the facility's language line service was inactive, leading to a significant deficiency in compliance with communication policies.
The facility failed to ensure resident privacy and dignity, as observed in several instances. A resident's foley catheter bag was left uncovered and visible from the hallway, despite a physician's order for it to be covered. Another resident received a bed bath without a privacy curtain, visible to roommates. Additionally, two residents underwent point-of-care testing in the dining room without privacy, contrary to facility policy.
The facility failed to transmit MDS 3.0 assessments within the required 14 days due to staffing shortages. The assessments for three residents were completed between January and March 2024 but were transmitted late in April and May. The MDS Coordinator cited staffing issues as the cause, which had been communicated to the Administrator.
Failure in Hiring Process Leads to Medication Theft
Penalty
Summary
The facility failed to ensure that the hiring process for the Assistant Director of Nursing was conducted with due diligence, leading to a significant deficiency. The application for employment submitted by the prospective Assistant Director of Nursing on May 18, 2023, was incomplete, specifically lacking an answer to the question regarding prior criminal convictions. Despite this omission, the administration verified the incomplete application and proceeded to hire the individual for the management position. This oversight was compounded when the individual was later promoted to Director of Nursing without further clarification of their background information. The deficiency was further highlighted when the Director of Nursing was accused of stealing over 1,500 medication pills meant for destruction and falsifying records. The investigation revealed that the Director of Nursing had two prior convictions, which were not disclosed on the application forms submitted to both facilities where they were employed. Interviews conducted during the survey indicated a lack of accountability and communication among the facility's administration and human resources personnel regarding the hiring process and background checks. The current administrator and former human resources personnel both indicated that they were not responsible for the oversight, pointing to a systemic failure in the facility's hiring practices.
Plan Of Correction
Plan of Correction: Approved January 22, 2025 1 - What corrective action(s) will be accomplished for those residents found to have been affected by the deficient practice? The Assistant Director of Nursing was terminated. The Administrator that hired the Assistant Director of Nursing is no longer employed. The Former Human Resources personnel is no longer employed. 2 - How you will identify other residents having the potential to be affected by the same deficient practice and what corrective action will be taken. The administrative team has compiled a list of management staff from all departments to verify that each employee has completed all sections of the application, including the background information section regarding any prior criminal convictions. No further issues have been identified. 3 - What measures will be put in place or what systemic changes you will make to ensure that the deficient practice does not recur. The Administrator and medical director has reviewed the policies and procedures for new employee hiring and background verification, and found them to be compliant. All administrative staff involved in the hiring process will be re-trained by the Administrator or designee on these policies and procedures. 4 - How the corrective action(s) will be monitored to ensure the deficient practice. The Administrator has developed an audit tool to review all new hire applications. This tool will specifically ensure that each applicant has fully completed the application, including the section on background information and disclosure of any past criminal convictions. These audits will take place monthly for three months to ensure compliance. The findings of these audits will be presented to the Quality Assurance (QA) committee on a quarterly basis by the Administrator. 5 - The Administrator will be responsible to ensure correction of this deficiency.
Resident Abuse Incident Involving CNA and Inadequate Staff Response
Penalty
Summary
The facility failed to protect a resident from physical abuse, as evidenced by an incident involving a Certified Nursing Assistant (CNA) and a resident with dementia and osteoarthritis. Surveillance footage captured the CNA striking the resident, causing them to fall and sustain a left wrist fracture. The incident was witnessed by a Registered Nurse (RN) and another CNA, who did not intervene. The facility's policy on abuse prevention was not followed, and the incident was not accurately reported or documented by the RN involved. The resident, who was severely cognitively impaired and required assistance for ambulation, was at risk for abuse due to their dementia diagnosis. Despite this, the facility's comprehensive care plan for the resident did not prevent the abuse. The incident report inaccurately described the event as a fall after the resident slapped the CNA, omitting the abuse that occurred. The RN's nursing note also failed to accurately reflect the incident, contributing to a misleading investigation. The facility's investigation revealed that the CNA involved had not received documented training on abuse policy and procedures. Additionally, the CNA continued to work with residents after the incident, indicating a failure in the facility's response to the abuse. The Director of Nursing's investigation confirmed the abuse, leading to the termination of the CNA and the RN for their roles in the incident and subsequent documentation failures.
Removal Plan
- Termination Letter documents Certified Nursing Assistant #1 was terminated and letter was sent to Certified Nursing Assistant #1.
- Termination letter documents for Registered Nurse #1 for failing to accurately report and document instance of abuse, not intervening on behalf of the resident and improperly completing the Accident and Incident Report related to abuse, mistreatment, and neglect.
- Resident #77's care plan was updated, and resident was seen by a psychiatrist who documented resident does not appear to be suffering from emotional stress from the incident and will be followed up as necessary.
- The facility's investigation regarding abuse allegation was completed by the Director of Nursing.
- The policy on Behavior and Dementia Care and Abuse prevention were reviewed.
- The following documents were received and reviewed. Social worker care plan for abuse prevention was updated, Medical Doctor assessment and evaluation; Registered Nurse assessment.
- Lesson plans on Abuse, neglect and mistreatment, Behavioral Health, Alzheimer's Disease and Dementia and Incident reporting, with attendance and sign-in sheets were reviewed and documented that 76% of all staff in serviced, including Certified Nursing Assistants= 80%, Licensed Practical Nurses= 75%, Registered Nurses= 65%, Recreation = 81%, and Social Services= 100%.
- Multiple observations were conducted on Resident #77 and no concerns noted.
- Team observation on staff while performing resident care did not reveal any sign of abuse, neglect, or mistreatment.
Failure to Report Abuse and Injuries in a Timely Manner
Penalty
Summary
The facility failed to report several incidents of alleged abuse and injuries to the New York State Department of Health within the required timeframe, resulting in a finding of substandard quality of care and immediate jeopardy. Specifically, an incident involving a Certified Nursing Assistant (CNA) and a resident with dementia, where the resident was struck by the CNA and sustained a wrist fracture, was not reported until two days later. The incident was witnessed by other staff members who did not intervene or report it accurately, leading to a delay in the investigation and reporting process. Another resident with dementia was found on the floor with a wrist fracture, and this incident was also not reported to the state health department. Additionally, a resident with a seizure disorder and schizophrenia was observed with an injury of unknown origin, which was not investigated or reported. These failures to report were attributed to a lack of communication and understanding among staff about their responsibilities in reporting suspected abuse and injuries. The facility's policies required immediate reporting of suspected abuse or injuries, but staff members, including registered nurses and supervisors, failed to adhere to these policies. The Director of Nursing and the Administrator were not made aware of the incidents in a timely manner, contributing to the delay in reporting. The facility's failure to report these incidents promptly resulted in a finding of immediate jeopardy, indicating a serious risk to resident safety.
Removal Plan
- Termination Letter documents Certified Nursing Assistant #1 was terminated and letter was sent to Certified Nursing Assistant #1.
- Termination letter documents for Registered Nurse #1 for failing to accurately report and document instance of abuse, not intervening on behalf of the resident and improperly completing the Accident and Incident Report related to abuse, mistreatment, and neglect.
- Resident #77's care plan was updated, and resident was seen by a psychiatrist who documented resident does not appear to be suffering from emotional stress from the incident and will be followed up as necessary.
- The facility's investigation regarding abuse allegation was completed by the Director of Nursing.
- The policy on Behavior and Dementia Care and Abuse prevention were reviewed.
- The following documents were received and reviewed. Social worker care plan for abuse prevention was updated, Medical Doctor assessment and evaluation; Registered Nurse assessment.
- Lesson plans on Abuse, neglect and mistreatment, Behavioral Health, Alzheimer's Disease and Dementia and Incident reporting, with attendance and sign-in sheets were reviewed and documented that 76% of all staff in serviced, including Certified Nursing Assistants= 80%, Licensed Practical Nurses= 75%, Registered Nurses= 65%, Recreation = 81%, and Social Services= 100%.
- Multiple observations were conducted on Resident #77 and no concerns noted.
- Team observation on staff while performing resident care did not reveal any sign of abuse, neglect, or mistreatment.
Failure to Investigate and Report Abuse and Neglect
Penalty
Summary
The facility failed to ensure that all alleged violations involving abuse, neglect, and mistreatment were thoroughly investigated and reported in a timely manner. Specifically, an incident involving a Certified Nursing Assistant (CNA) and a resident with dementia and osteoarthritis occurred, where the resident was struck by the CNA, resulting in a fall and a left wrist fracture. The CNA was not removed from direct care immediately, and the incident was not reported to the New York State Department of Health within the required timeframe. Additionally, the facility did not conduct investigations for another resident who experienced a fall and later presented with discoloration of unknown origin on their knuckles. This resident had a history of seizure disorder and schizophrenia and was unable to explain the cause of the discoloration. There was no documentation of an investigation or communication with a Medical Doctor regarding these incidents. The Director of Nursing acknowledged the failure to report the incident involving the first resident promptly and did not realize the seriousness of the situation initially. The lack of immediate action and thorough investigation for both residents resulted in a finding of Substandard Quality of Care and Immediate Jeopardy, indicating a serious risk of harm to residents.
Removal Plan
- Termination Letter documents Certified Nursing Assistant #1 was terminated and letter was sent to Certified Nursing Assistant #1.
- Termination letter documents for Registered Nurse #1 for failing to accurately report and document instance of abuse, not intervening on behalf of the resident and improperly completing the Accident and Incident Report related to abuse, mistreatment, and Neglect.
- Resident #77's care plan was updated, and resident was seen by a psychiatrist who documented resident does not appear to be suffering from emotional stress from the incident and will be followed up as necessary.
- The facility's investigation regarding abuse allegation was completed by the Director of Nursing.
- The policy on Behavior and Dementia Care and Abuse prevention were reviewed.
- The following documents were received and reviewed. Social worker care plan for abuse prevention was updated, Medical Doctor assessment and evaluation; Registered Nurse assessment.
- Lesson plans on Abuse, neglect and mistreatment, Behavioral Health, Alzheimer's Disease and Dementia and Incident reporting, with attendance and sign-in sheets were reviewed and documented that 76% of all staff in serviced, including Certified Nursing Assistants= 80%, Licensed Practical Nurses= 75%, Registered Nurses= 65%, Recreation = 81%, and Social Services= 100%.
- Multiple observations were conducted on Resident #77 and no concerns noted.
- Team observation on staff while performing resident care did not reveal any sign of abuse, neglect, or mistreatment.
Deficiency in CNA Performance Reviews and Training
Penalty
Summary
The facility failed to ensure that performance reviews for Certified Nursing Assistants (CNAs) were conducted at least once every 12 months, as required by their policy. This deficiency was identified during a Recertification and Extended Survey conducted from April 29, 2024, to May 9, 2024. The survey revealed that 12 CNAs did not receive documented performance reviews or the required 12 hours of in-service training, including dementia and resident abuse prevention training, within the past year. The personnel files of these CNAs lacked evidence of such reviews, which is a violation of the facility's policy dated February 2024. Interviews with facility staff, including the In-service Coordinator and the Director of Nursing, confirmed the absence of performance reviews for the CNAs in question. The In-service Coordinator, who was hired in January 2024, was unaware of how performance reviews were conducted in 2023. The Director of Nursing also acknowledged the lack of performance reviews in the past 12 months. The facility's Administrator stated that the nursing department was responsible for conducting these evaluations annually, but due to numerous personnel changes, this responsibility was overlooked.
Deficiencies in Abuse Reporting, Recreation, and Interpretation Services
Penalty
Summary
The facility failed to administer its resources effectively and efficiently, leading to several deficiencies. An Immediate Jeopardy situation was identified concerning abuse, abuse reporting, and abuse investigation. The administration did not implement an effective training and performance review program for Certified Nursing Assistants and other staff, resulting in a lack of knowledge about regulatory requirements for reporting abuse. The facility's Inservice Coordinator resigned, and no replacement or plan was in place to address the need for inservice and training. Consequently, staff were inexperienced and unaware of how to report abuse to the New York State Department of Health or to the administration in a timely manner. Additionally, the facility did not ensure that recreation staff were adequately administered to meet the activity needs and preferences of all residents, despite having adequate staff in the Recreation Department. Furthermore, the administration allowed the language line telephone interpretation service payments to lapse, affecting non-English speaking residents who required interpretation services. The administrator acknowledged these issues, stating that staff training was ineffective and that there was no documented evidence of training and inservice on abuse.
Deficiency in Nurse Aide In-Service Training
Penalty
Summary
The facility failed to ensure that certified nurse aides received the required 12 hours of in-service training per year, including training in dementia management and resident abuse prevention. This deficiency was identified during a recertification and extended survey conducted from April 29, 2024, to May 9, 2024. The survey revealed that 12 certified nursing assistants did not have documented evidence of completing the necessary in-service training for the year 2023. The facility's policy mandates that all nurse aide personnel must participate in regular in-service education, with annual training being no less than 12 hours, including specific training in dementia management and resident abuse prevention. Interviews with facility staff, including the In-service Coordinator and the Director of Nursing, confirmed the lack of documentation for the required training. The In-service Coordinator, who was hired in January 2024, was unaware of how the facility conducted in-service training in 2023 and could not find any completed training records for that year. Similarly, the Director of Nursing, who was the Assistant Director of Nursing in 2023, acknowledged the absence of in-service records for the certified nursing assistants in question. This lack of documentation and training compliance constitutes a violation of the regulatory requirement under 10 NYCRR 415.26(c)(1)(iv).
Infection Control Deficiencies in Medication Administration
Penalty
Summary
The facility failed to maintain proper infection control practices during a recertification and extended survey. Observations revealed that licensed nurses did not adhere to hand hygiene protocols, did not sanitize medical equipment between resident uses, and failed to implement Enhanced Barrier Precautions. Specifically, a registered nurse on the 4th floor did not perform hand hygiene before and after administering medication and treatment to a resident. Another nurse on the 2nd floor administered medications via tube feeding without wearing a gown and used a blood pressure cuff on multiple residents without sanitizing it in between uses. Additionally, a nurse on the 1st floor did not sanitize a glucometer after it fell on the floor and used it on another resident without proper hand hygiene. Interviews with staff revealed a lack of adherence to infection control protocols. A registered nurse admitted to forgetting to sanitize equipment and not knowing the requirements for Enhanced Barrier Precautions. The Infection Preventionist acknowledged that Enhanced Barrier Precautions were not fully implemented due to incomplete resident lists and signage. The Director of Nursing confirmed that equipment should be sanitized between uses and noted a recent COVID-19 outbreak, suggesting inadequate infection control practices. These deficiencies were observed across multiple units, indicating systemic issues in maintaining a safe and sanitary environment.
Failure to Update Comprehensive Care Plans
Penalty
Summary
The facility failed to ensure that comprehensive care plans were reviewed and revised by the interdisciplinary team after each assessment for six residents. Specifically, the care plan for a resident with schizophrenia and bipolar disorder was not updated after a fall, despite new interventions being identified. Another resident's care plan was not revised to reflect the removal of a tracheostomy tube, and a third resident's care plan was not updated following a resident-to-resident altercation. Additionally, care plans for activities of daily living, recreational activities, and communication were not reviewed or revised for three other residents. Interviews with facility staff revealed that the responsibility for reviewing and revising care plans was not consistently fulfilled. Registered nurses and supervisors were identified as responsible for these tasks, but there was a lack of awareness and action regarding the necessary updates. The Director of Nursing noted that some units lacked regular supervisors, contributing to the oversight, while the Administrator acknowledged inadequate supervision and training of nursing staff, which resulted in care plans not being updated as required.
Deficiency in Resident Activity Engagement
Penalty
Summary
The facility failed to provide an ongoing activities program that met the interests and supported the physical, mental, and psychosocial well-being of its residents. This deficiency was observed in four residents during the recertification survey. Resident #191, who was severely cognitively impaired and preferred to communicate in Cantonese, was not engaged in activities according to their preferences. Despite having a comprehensive care plan that included participation in programs of choice, Resident #191 was often observed sitting without interaction or engagement in activities, and the activity calendar was not accessible to them due to language barriers. Resident #260, with diagnoses of intellectual disabilities and Bell's Palsy, was also not engaged in meaningful activities. Observations showed that Resident #260 spent extended periods without interaction or participation in activities, despite having preferences for music therapy and animal interactions. The activity attendance log indicated minimal participation, and there was no evidence of ongoing engagement in activities that met their needs and preferences. Similarly, Resident #107, who had severe cognitive impairment due to anemia and dementia, was not engaged in activities. Despite a care plan that included one-to-one visits and music enjoyment, Resident #107 was observed without interaction or participation in activities. The activity attendance log lacked details on the interactions provided, and there was no evidence of engagement in music programs. Interviews with staff revealed that on-unit activities were not conducted as scheduled, and recreation leaders were primarily focused on main floor activities, neglecting on-unit engagement.
Failure to Maintain Resident Dignity and Privacy
Penalty
Summary
The facility failed to ensure that residents were treated with respect and dignity, as evidenced by several observations during the recertification survey. Resident #24, who had a Foley catheter due to benign prostatic hyperplasia and obstructive and reflux uropathy, was observed with an uncovered drainage bag visible from the hallway on multiple occasions. Despite a physician's order for a cover, the staff failed to provide one, with a CNA stating that a cover was unavailable and no further attempts were made to obtain one. Additionally, the LPN and RN were unaware of the issue until it was brought to their attention, indicating a lapse in communication and oversight. Resident #125, who was moderately cognitively impaired and required assistance with activities of daily living, was observed receiving a bed bath without the privacy curtain drawn, exposing them to their three roommates. The CNA acknowledged the oversight during an immediate interview. Furthermore, Resident #87 and Resident #5 had their point of care testing conducted in the dining room without privacy, with the RN stating this was their usual practice. The DON later clarified that such procedures should not occur in the dining room unless in an emergency, highlighting a deviation from the facility's policy on maintaining resident privacy.
Failure to Provide Language Interpretation Services
Penalty
Summary
The facility failed to ensure that residents with limited English proficiency were fully informed and understood their health status, care, and treatments. This deficiency was identified during a recertification survey, where it was found that three residents, who spoke Korean, Cantonese, and Mandarin respectively, were not provided with adequate language interpretation services. The facility's policy on communication with persons with limited English proficiency was not effectively implemented, as evidenced by the lack of communication boards or interpretation devices in the residents' rooms. Resident #159, who was Korean-speaking and severely cognitively impaired, was not provided with language interpretation services. The resident expressed difficulty in understanding when activities were offered due to the language barrier. Similarly, Resident #191, who spoke Cantonese and was also severely cognitively impaired, was not aware of the activities offered because staff did not communicate with them using an interpreter or communication board. Both residents had comprehensive care plans that documented the need for a translator, yet there was no evidence of such services being utilized. Resident #195, who spoke Mandarin and had mild cognitive impairment, also faced communication challenges due to the absence of interpretation services. Staff members attempted to communicate using gestures, but there were no Mandarin-speaking staff or communication aids available. The facility's language line service was found to be inactive, and staff were unaware of any alternative interpretation resources. This lack of effective communication support for non-English speaking residents highlights a significant deficiency in the facility's compliance with its own policies and regulatory requirements.
Privacy and Dignity Breaches in Resident Care
Penalty
Summary
The facility failed to maintain the privacy and dignity of its residents, as evidenced by several observations during the recertification survey. Resident #24, who had a foley catheter due to benign prostatic hyperplasia and obstructive and reflux uropathy, was observed with an uncovered drainage bag visible from the hallway. Despite a physician's order for the bag to be covered every shift, the cover was not provided due to a lack of availability, and staff did not take further action to obtain one. Additionally, Resident #125, who was moderately cognitively impaired and required assistance with daily activities, was given a bed bath without the privacy curtain drawn, making them visible to their three roommates. Further deficiencies were noted with Resident #5 and Resident #87, who both underwent point-of-care testing in the unit dining room without privacy. Resident #87 received insulin administration in the dining room, and Resident #5 had their blood glucose checked in the same setting, with other residents and staff present. The Registered Nurse responsible for these actions stated that they routinely performed these procedures in the dining room, contrary to the facility's policy that such activities should not occur in communal areas unless in an emergency.
Delayed Transmission of MDS 3.0 Assessments Due to Staffing Shortages
Penalty
Summary
The facility failed to ensure that Minimum Data Set (MDS) 3.0 assessments were electronically transmitted within the required 14 days of completion. This deficiency was identified during a recertification survey, where it was found that the assessments for three residents were not transmitted in a timely manner. Specifically, the MDS 3.0 assessments for these residents had completion dates ranging from January to March 2024, but the transmission dates were significantly delayed, occurring in April and May 2024. The delay in transmission was attributed to staffing shortages within the department responsible for handling these assessments. The MDS 3.0 Coordinator, a registered nurse, acknowledged the issue and stated that the staffing concerns had been communicated to the facility's Administrator. Despite being aware of the staffing challenges, the facility had not managed to ensure timely transmission of the assessments, leading to the identified deficiency.
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.
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.
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.
Surveyors found that the facility’s most recent assessment of its 140-bed operation, including rehab, stepdown medically complex, and LTC dementia/chronic illness units, did not adequately specify how necessary resources are maintained for resident care. The assessment lacked a breakdown of bed capacity per unit and, under its staffing plan, only generally stated that staffing is based on census and acuity and reviewed each shift, with additional RNs scheduled for multiple admissions. It failed to identify contingency planning for non-emergency events that could affect direct care nurse staffing or other care resources, and it did not describe any plan to maximize recruitment and retention of direct care staff, resulting in a deficiency under 10NYCRR S415.26.
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 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 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.
Inadequate Facility-Wide Assessment of Resources and Staffing Contingency Planning
Penalty
Summary
The deficiency involves the facility’s failure to conduct and document an adequate facility-wide assessment that determines what resources are necessary to care for residents competently during day-to-day operations and emergencies. During an Abbreviated Survey, record review of the most recent facility assessment, dated on an unspecified date and reviewed by the QAPI Committee on 09/04/2025, showed that the assessment did not sufficiently identify how the facility maintains necessary resources for resident care. The assessment described the facility as a 140-bed SNF with four nursing units (one rehabilitation unit, one stepdown medically complex unit, and two LTC units for residents with dementia and other chronic illnesses), but it did not provide a breakdown of bed capacity per unit. Under the staffing plan section, the assessment stated that staffing is based on resident census and acuity, is reviewed prior to each shift, and that the facility intends to assign the same staff to units and schedule additional RNs for multiple admissions. However, the assessment did not adequately identify contingency planning for events that do not trigger the formal emergency plan but could still affect resident care, such as issues with availability of direct care nurse staffing or other needed resources. Additionally, the assessment did not identify how the facility develops or maintains a plan to maximize recruitment and retention of direct care staff, as required by 10NYCRR S415.26.
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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