Schulman And Schachne Inst For Nursing & Rehab
Inspection history, citations, penalties and survey trends for this long-term care facility in Brooklyn, New York.
- Location
- 555 Rockaway Parkway, Brooklyn, New York 11212
- CMS Provider Number
- 335381
- Inspections on file
- 25
- Latest survey
- December 24, 2024
- Citations (last 12 mo.)
- 0
Citation history
Health deficiencies cited at Schulman And Schachne Inst For Nursing & Rehab during CMS and state inspections, most recent first.
A resident with cognitive impairment was improperly restrained with bed sheets by a CNA to prevent them from smearing feces, which was not medically necessary. This action was for convenience and resulted in serious harm, classified as Immediate Jeopardy Past Noncompliance. Multiple staff members observed the restraint but failed to report it, and the facility's investigation confirmed the abuse.
A resident with cognitive impairment was improperly restrained with bed sheets tied to bed rails by a CNA to prevent feces smearing, without medical justification. Despite facility policies requiring the least restrictive environment, the restraint was not authorized, and LPNs failed to act on reports from CNAs. The facility's investigation confirmed abuse, supported by photographic evidence from the resident's family.
A resident experienced a delay in receiving necessary care due to untimely x-ray results. An x-ray ordered to rule out a fracture was not performed promptly, and the results, indicating fractures, were not communicated to the facility in a timely manner. This led to the resident being transferred to the hospital for further evaluation. The facility's policy for timely reporting of test results was not followed, contributing to the deficiency.
A resident with moderately impaired cognition was found restrained with bed sheets on multiple occasions. CNAs reported the incidents to LPNs, but the LPNs did not notify the RN Supervisor or Administrator as required. The facility's policy lacked clarity on reporting suspected abuse, leading to a deficiency citation.
The facility failed to adhere to professional standards for food service safety, as observed during a survey. An open and undated package of frozen fish patties was found in the walk-in freezer, and the refrigerator had juice spills and expired ricotta cheese. Interviews revealed unclear responsibilities among staff for cleaning and food storage, contributing to these deficiencies.
The facility failed to properly dispose of garbage and refuse, with an uncovered dumpster and scattered trash, including biohazard containers and various metal objects. Staff interviews revealed confusion over responsibility for maintaining cleanliness in the garbage area.
The facility failed to develop individualized discharge care plans for three residents, despite their expressed desires to be discharged or transferred. One resident with Congestive Heart Failure, Hypertension, and Diabetes wanted to move to an apartment, while another with Seizure Disorder, Hyperlipidemia, and Hypertension wished to return to the community. A third resident with Thyroid Disorder and Myotonic Dystrophy requested a transfer to another facility. The facility's policies require discharge planning to begin on admission, but these were not followed.
The facility failed to serve meals at appetizing temperatures, as observed during a survey. Two residents reported receiving cold meals, and test trays confirmed that several food items were below the optimal temperature. The Food Service Director noted that meal delivery took longer than expected, affecting food quality, and suggested that the delivery system might need maintenance.
A resident with a history of Cerebral Vascular Accident and Dementia did not receive necessary nail care, resulting in long, thick, and discolored fingernails. Facility staff were unaware of the resident's condition, and there was no documentation of nail care being provided. The facility's policy required regular nail care, but this was not followed, leading to the deficiency.
A resident with cognitive impairment and physical limitations fell during a transfer when a CNA used a mechanical lift without waiting for the required second staff member. The facility's policy mandated two-person assistance for such transfers, but the CNA proceeded alone, resulting in the resident sliding from the lift and sustaining a forehead laceration. The incident was deemed preventable if proper procedures had been followed.
A resident with Multiple Sclerosis and severely impaired cognition was not provided with a television or device to watch their preferred programs, despite it being documented as a significant leisure interest. Observations and interviews confirmed the lack of access to a television, and facility staff could not explain the failure to accommodate the resident's preferences.
A resident with limited ROM was not consistently wearing a prescribed left-hand carrot splint, intended to prevent further hand tightening. Despite orders for daily use, observations showed the resident without the splint, and staff interviews revealed the resident often refused to wear it. The care plan did not document these refusals, and the nursing supervisor was unaware of the non-compliance.
A resident's family member discovered healing abrasions on the resident's shins during a visit, which had not been communicated by the facility. The resident, who was non-verbal and severely cognitively impaired, was dependent on staff for care. A CNA observed the skin changes but did not report them, leading to the family member raising concerns. The facility's skin check forms initially indicated good skin condition, and the Director of Nursing acknowledged the oversight.
Resident Restraint and Abuse Incident
Penalty
Summary
The facility failed to ensure a resident was treated with respect and dignity, specifically regarding the use of restraints. On several occasions, a resident's wrists were tied with bed sheets to the bed rails. A Certified Nursing Assistant admitted to using these restraints to prevent the resident from removing their brief and smearing feces, which was not required to treat the resident's medical symptoms. This action was determined to be for the purposes of discipline or convenience, resulting in serious harm to the resident and was classified as Immediate Jeopardy Past Noncompliance. The resident involved had moderately impaired cognition and was at risk for victimization due to cognitive impairment. The facility's policy on physical restraints emphasized the least restrictive environment, and restraints were to be used only to protect residents' health and safety. However, there was no documented evidence that the use of hand protectors was renewed after a certain date, and the facility's investigation revealed that restraints were indeed used, and abuse occurred. Multiple staff members observed the resident being restrained but failed to report it immediately, and some staff members denied being informed about the restraint incidents. The facility's investigation included statements from various staff members and the resident's family, as well as photographic evidence provided by the family. The Director of Nursing and the Administrator were informed of the situation, and the facility's investigation concluded that the use of restraints was inappropriate and constituted abuse. The facility's policy and procedures were not followed, leading to the deficiency.
Resident Restrained Without Medical Justification
Penalty
Summary
The facility failed to ensure that a resident was free from the use of physical restraints, which were not required for medical treatment. This deficiency was identified during an abbreviated survey and complaint investigation. The investigation revealed that a resident, who had moderately impaired cognition and was at risk for victimization, was restrained with bed sheets tied to bed rails on multiple occasions. The restraints were applied by a Certified Nursing Assistant (CNA) to prevent the resident from removing their brief and smearing feces, which was not a medically justified reason for restraint. The facility's policy on physical restraints emphasized the use of the least restrictive environment and required that restraints be used only to protect residents' health and safety. However, the policy was not followed in this case. The resident had a physician's order for hand protectors to prevent pulling of a catheter, but there was no documented evidence that this order was renewed or that the use of bed sheets as restraints was authorized. Multiple CNAs observed the resident being restrained and reported it to Licensed Practical Nurses (LPNs), who failed to take appropriate action. The facility's investigation confirmed that abuse occurred, and the use of restraints resulted in serious harm to the resident. Photographic evidence provided by the resident's family corroborated the observations of the CNAs. Despite the presence of evidence and reports from staff, the LPNs involved denied being informed of the restraint incidents, and the CNA responsible for applying the restraints admitted to the Director of Nursing that they used bed sheets and mittens to restrain the resident. The facility's failure to adhere to its own policies and procedures, as well as the inaction of certain staff members, contributed to the deficiency.
Delayed X-ray Results Lead to Deficiency in Resident Care
Penalty
Summary
The facility failed to ensure timely care and treatment for a resident who required an x-ray to rule out a fracture in the left forearm. The x-ray was ordered by a medical doctor on the night of 12/05/2024, but it was not performed until 12/07/2024. The results, which indicated fractures of the midshaft radius and ulna with mild displacement, were finalized on 12/08/2024 but were not communicated to the facility until 12/09/2024. This delay in obtaining and acting upon the x-ray results led to the resident being transferred to the hospital for further evaluation. The facility's policy required that final written reports be submitted within 48 hours, but this was not adhered to. Interviews revealed that the medical doctor did not order a STAT x-ray initially due to the resident not complaining of pain and the swelling being attributed to a possible medical condition. The Director of Nursing and the Medical Director noted that the facility did not receive timely communication from the radiology department, which stated that it was the facility's responsibility to follow up on outpatient results. This lack of timely follow-up and communication contributed to the deficiency in care provided to the resident.
Plan Of Correction
Plan of Correction: Approved January 21, 2025 F 684 483.25 Quality of Care § 483.25 Quality of care I. The Following actions were accomplished for the resident identified in the sample: Immediate action to correct the alleged deficient practice included MD, and family notification of resident #1 x-ray results. On 12/10/24 resident returned to facility with hard cast to the left arm in place. Full body assessment of the resident complete, no additional area of concern noted. Pain assessment completed, pain management implemented, continued monitoring for skin integrity and circulation. The resident was immediately placed on another unit in another pavilion of the facility. Resident #1 was also placed on 1:1 monitoring for safety and observation. Resident was seen by psychiatrist on 12/11/24, physician determined there was “no psychological impact.” Rehabilitation consultation was ordered. Physical and Occupational Therapy consultation was completed on 12/12/24. Resident #1 was seen by orthopedics in the ER with follow-up on 12/14/24. II. The following corrective actions will be implemented to identify other residents who may be affected by the same practice: All residents requiring x-rays have the potential to be affected by the alleged deficient practice. An audit was conducted to ensure all residents with pending x-ray results were obtained and reviewed timely by the physician and timely notification made to resident/family member. A full body assessment was completed on all residents on all floors on 12/12/24 to ensure no other residents have injury, which the facility was not aware of. No other residents were affected by the deficient practice in the facility. Social Services conducted an audit by interviewing alert residents to ascertain whether anyone had witnessed the abuse of other residents or if they have been victims of abuse themselves. No residents have verbalized that they have been abused or observed any abuse of other residents. Risk for Abuse is in place for all residents. The re-education of all staff commenced on 12/10/24 and is ongoing: The following training was provided: 1. Resident Rights 2. Abuse, Neglect & Mistreatment 3. Siderails Monitoring, Bed Entrapment & Restraint 4. Reportable Concerns 5. Pain Management 6. Managing Difficult Residents 7. Resident Safety Quality of Care education commenced on 1/10/25. The following system changes will be implemented to ensure continuing compliance with regulations: On 12/17/24 a medical staff meeting was held, and education was provided to physicians, that effective immediately any suspicion of a fracture or trauma related occurrence, even if low suspicion, order should be made to stat on priority. Physicians are to follow-up on image results in EPIC, if ordered with suspicion of fracture is made. Medical staff meeting was conducted on 1/15/25, physicians were provided with education on residents’ right to be free from physical restraints, reporting of alleged violations and review of the regulations regarding Quality of Care. Education was provided by the medical director and the director of nursing. QAPI Committee meeting was held on 1/10/2025 to review the findings of the compliant survey. Staff Education started on 1/10/25 and is ongoing. Education will be provided during education, annual during mandatory in-service education and as needed. Education will be provided by the staff educator/designee. Nurses were provided with education starting on 12/17/24 that any X-ray orders are to be communicated on the 24-hour report by unit nurse, nurse managers/supervisors. Once the radiology images have been completed, the staff nurse will call the radiology department to obtain results. If the result is not available at the end of the nurses tour it is endorsed to the oncoming shift until results are finalized. Nurses will also check the shared medical records system (EPIC) to obtain posted results. On 1/15/2024, Diagnostic Test Policy and Procedure were reviewed with no changes. The Provision of Radiology Services Policy was reviewed and revised to indicate physicians will check order status in EPIC. IV. The facility’s compliance will be monitored utilizing the following quality assurance system. The facility Director of Nursing and Medical Director Designee will conduct random audit to ensure compliance with the review of x-ray orders and imaging results weekly for 4 weeks then monthly for 3 months and quarterly thereafter. The action plan will be reviewed by the Quality Assurance Performance Improvement (QAPI) Committee for further review and recommendations for three months. QAPI committee will make recommendations for ongoing monitoring. The Medical Director and Director of Nursing/Designee will be responsible for the implementation of this plan of correction.
Failure to Report Abuse Allegations Timely
Penalty
Summary
The facility failed to ensure that an alleged violation involving abuse, neglect, or mistreatment was reported immediately, or within two hours, to the administrator. This deficiency was evident in the case of one resident who was observed with their wrists tied to bed rails using bed sheets on multiple occasions. Certified Nursing Assistants (CNAs) observed these restraints and reported them to Licensed Practical Nurses (LPNs), but the LPNs did not escalate the report to the Registered Nurse Supervisor or the Administrator as required by the facility's policy. The resident involved had a history of moderately impaired cognition and was admitted with various diagnoses. The facility's investigation revealed that restraints were indeed used, and abuse occurred. Photographic evidence provided by the resident's family corroborated the use of restraints on specific dates. Despite the CNAs reporting the incidents to the LPNs, the LPNs failed to take appropriate action, and the Administrator was not notified until much later, when the Director of Nursing was informed by the resident's family. The facility's policy on abuse, mistreatment, and neglect required immediate reporting of any changes in a resident's condition to a Nurse Manager or Supervisor, who would then verify the concerns and initiate a report. However, the policy did not specify who should be notified in cases of suspected abuse. This lack of clarity contributed to the failure to report the incidents in a timely manner, resulting in a deficiency citation for the facility.
Plan Of Correction
Plan of Correction: Approved January 19, 2025 **NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** F 609 Reporting of Alleged Violations 10 NYCRR 415.4(a)(2-7) 483.12(c)(1)(4) Reporting of Alleged Violations I. The Following actions were accomplished for the resident identified in the sample: Report was made to the State Agency on 12/10/2024. Resident #1 was immediately assessed by the registered nurse; resident was sent to Brookdale hospital on [DATE] for further evaluation and treatment. The NYSDOH State investigator who was assigned to the case was informed of the allegation of abuse. The New York State Attorney General’s Office was notified on 12/11/24 and the New York City Police Department was notified on 12/12/2024. Upon return from the ER on [DATE] to the facility, a full body assessment was completed for resident #1 with no additional concerns to be reported. Resident #1 was placed on 1:1 monitoring for safety monitoring. II. The following corrective actions will be implemented to identify other residents who may be affected by the same practice: A full body assessment was conducted on all residents to ensure no other resident has any injury of unknown origin which needs to be reported to the DOH. Facility held AD H(NAME) QAPI Committee meeting on 12/10/24; the areas of focus were reportable incident, resident’s rights, abuse, neglect and mistreatment, and on 12/12/24 another AD H(NAME) QAPI was held addressing resident’s safety. The Social Work interviewed alert and oriented residents to see if any resident has witnessed abuse or has ever been abused or witnessed abuse with no other resident being impacted by this practice. A risk for abuse audit was done to ensure no other resident was impacted by this deficient practice. No other residents were identified. III. The following system changes will be implemented to assure continuing compliance with regulations: Facility Director of Nursing, Administrator/Designee will audit resident [MEDICATION NAME] weekly for three months to ensure all allegations of abuse, neglect, exploitation, or mistreatment are reported timely to the DOH, adult protective service, and law enforcement in accordance with facility policy and procedure and regulatory agencies. IV. The facility’s compliance will be monitored utilizing the following quality assurance system: The Director of Nursing and the facility administrator will report results of the audit to the Quality Assurance Performance Improvement Committee for further review and recommendations for three months. The QAPI committee will make recommendations for ongoing monitoring. The Director of Nursing, Administrator/Designee will be responsible for the implementation of this plan of correction.
Food Storage and Safety Deficiencies
Penalty
Summary
The facility failed to ensure that food was stored, prepared, distributed, and served in accordance with professional standards for food service safety. During the initial tour of the kitchen, surveyors observed an open and undated package of frozen fish patties in the walk-in freezer, indicating improper storage practices. Additionally, the walk-in refrigerator was found with juice spills, and food items on the shelf were past their best buy date, specifically ricotta cheese with expired dates. These observations highlight lapses in maintaining cleanliness and monitoring food expiration dates. Interviews with the facility staff revealed a lack of clarity and responsibility regarding cleaning and food storage duties. The Food Service Director admitted that the staff had not cleaned up the red meat juices and was unaware of the open bag of fish patties. The Store Room Inventory staff mentioned that they are responsible for rotating products and checking expiration dates, while the garbage person is tasked with cleaning spills. The Lead Cook stated that kitchen staff should ensure food freshness and remove expired items, indicating a disconnect in task execution and accountability among the staff.
Improper Disposal of Garbage and Refuse
Penalty
Summary
The facility failed to ensure proper disposal of garbage and refuse, as observed during a Recertification Survey. The blue trash compactor/dumpster was found uncovered, with various types of garbage, including a red-colored substance, a gray crutch, old food, and blue rubber gloves, scattered on the ground. Flies were noted in the area, and there was standing water. Additionally, ten red biohazard containers were found next to the dumpster, along with six empty beer cans, six empty glass beer bottles, cigarette butts, a suitcase, televisions, a printer, and a disc producer. An old oil drum and an opened bag of rock salt were also present. An open trash container for metal items contained bedside table trays, mechanical lifts, chairs, shopping carts, metal cabinets, open paint cans, aluminum pans, backboards, and biohazard boxes filled with needles. Interviews with facility staff revealed a lack of clarity regarding responsibility for maintaining the cleanliness of the garbage area. The Housekeeping Supervisor was unsure of who was responsible, while the Director of Building Services indicated that responsibility was shared among the hospital, nursing home, and clinics, with the groundskeeping department tasked with cleaning the grounds. The Assistant Administrator stated that the Director of Building Services was responsible for the trash compactor area, while the groundskeeping staff handled other trash, such as metal items. A Building Services Employee confirmed their responsibility for keeping the compactor area clean and ensuring lids were closed and debris-free.
Failure in Discharge Planning for Residents
Penalty
Summary
The facility failed to develop and implement an effective discharge planning process that focuses on the residents' discharge goals, as evidenced by the lack of individualized discharge care plans for three residents. Resident #136, diagnosed with Congestive Heart Failure, Hypertension, and Diabetes, had intact cognition and expressed a desire to be discharged to an apartment. However, there was no documented discharge care plan, and the social worker had not discussed discharge options with the resident. Similarly, Resident #44, with diagnoses of Seizure Disorder, Hyperlipidemia, and Hypertension, also had intact cognition and expressed interest in returning to the community, yet no discharge care plan was documented. Resident #291, diagnosed with Thyroid Disorder and Myotonic Dystrophy, had requested a transfer to another facility and provided a list of potential facilities. Despite this, there was no evidence that the transfer request was submitted or followed up on, and no discharge care plan was documented. Interviews with staff revealed that the social worker was aware of the requests but had not taken action, and the Director of Social Services confirmed the absence of discharge care plans for Residents #291 and #44. The facility's policies require that discharge planning begins on admission and is documented, but these procedures were not followed for the residents in question.
Deficiency in Serving Meals at Appetizing Temperatures
Penalty
Summary
The facility failed to ensure that food was served at an appetizing temperature during meal service, as observed during the Recertification and Complaint Survey. This deficiency was noted in two units where meals were served to residents. The facility's policies on Dining and Meal Service and Food and Nutrition Service, both dated November 2023, require that meals meet the nutritional needs of residents and are served at appropriate temperatures. However, observations and resident interviews revealed that meals were often served cold or unappetizing. Specifically, Resident #27 and Resident #261 reported that their meals were not hot enough and were often served late. During the survey, test trays were conducted to measure food temperatures, revealing that several food items were below the optimal temperature for hot foods, which should be above 135 degrees Fahrenheit. The Food Service Director acknowledged the inconsistency in food temperatures and attributed it to the prolonged time taken to deliver meals, which exceeded the expected 30 minutes. Additionally, the Food Service Director mentioned that the food delivery system, in use for many years, might require maintenance to ensure proper functioning. The Administrator was made aware of the issue and acknowledged the need to review and improve the current food delivery system.
Failure to Provide Adequate Nail Care for Resident
Penalty
Summary
The facility failed to provide necessary services for a resident who was unable to perform activities of daily living, specifically in maintaining grooming and personal hygiene. This deficiency was identified during a recertification and complaint survey. The resident, who had a history of Cerebral Vascular Accident and Dementia, was observed with long, thick, and discolored fingernails, indicating a lack of staff assistance in nail trimming. The facility's policy on activities of daily living required regular nail care, but there was no documentation of such care being provided to the resident from April to May 2024. Interviews with facility staff revealed a lack of awareness and communication regarding the resident's need for nail care. A Certified Nurse Assistant acknowledged the resident's need for total care and mentioned that the nails were too long and required a podiatrist's attention, but failed to report this to the nursing staff. Both a Licensed Practical Nurse and a Registered Nurse, who was the nursing supervisor, were unaware of the resident's condition. The facility's policy stated that Certified Nursing Assistants should cut nails unless it is beyond their training, in which case a podiatry consult should be arranged. However, this protocol was not followed, leading to the observed deficiency.
Failure to Provide Adequate Supervision During Transfer
Penalty
Summary
The facility failed to ensure a safe environment free from accident hazards and did not provide adequate supervision to prevent accidents, as evidenced by an incident involving a resident who sustained a fall. The resident, who had diagnoses of hypertension, hyperkalemia, and non-Alzheimer's dementia, was dependent on assistance for transfers due to impairments in both upper and lower extremities. The facility's policy required that at least two staff members assist with mechanical lift transfers, as documented in the resident's care plan. However, on the day of the incident, a Certified Nursing Assistant (CNA) attempted to transfer the resident using a mechanical lift without waiting for additional assistance, resulting in the resident sliding from the canvas and sustaining a laceration to the forehead. The incident was documented in the nursing progress notes and an internal investigation report, which concluded that the accident could have been avoided if the staff had adhered to the care plan requiring two-person assistance for mechanical lift transfers. The CNA involved stated that they had called for help but proceeded with the transfer before assistance arrived. The resident, due to cognitive impairment, was unable to provide an account of the incident but later recalled the fall and subsequent hospital visit. The Director of Nursing Services acknowledged that the incident was preventable had the staff followed the established procedures.
Failure to Provide Preferred Activities for Resident
Penalty
Summary
The facility failed to provide an ongoing program to support residents in their choice of activities, specifically for Resident #365, who was not provided with a television or other device to watch their preferred programs. Resident #365, diagnosed with Multiple Sclerosis, Arthralgia, and an Unspecified Fall, had severely impaired cognition and expressed that it was very important to engage in favorite activities, including watching television. Despite this, multiple observations from 06/26/2024 to 07/01/2024 showed Resident #365 without any ongoing activities or access to a television in their room, as documented in their Comprehensive Care Plan and recreation assessments. Interviews with Resident #365 and facility staff, including a Certified Nursing Assistant and the Recreation Therapy Specialist, confirmed the lack of access to a television for Resident #365. The Recreation Therapy Specialist and the Assistant Director of Recreational Therapy acknowledged the resident's preference for watching television in their room but could not explain why no follow-up or alternative arrangements were made to accommodate this preference. The facility's policy indicated that service provision should be based on individual resident assessments and preferences, yet this was not adhered to in the case of Resident #365.
Failure to Ensure Proper Use of Prescribed Splint for Resident
Penalty
Summary
The facility failed to ensure that a resident with limited range of motion received appropriate treatment and services to prevent further decrease in range of motion. This deficiency was identified during a recertification survey, where it was observed that a resident with a history of cerebral vascular accident, dementia, and hemiplegia was not consistently wearing a prescribed left-hand carrot splint. The splint was intended to prevent further hand tightening and was to be worn daily as tolerated, according to physician and occupational therapy orders. However, multiple observations noted the resident without the splint in place, despite the care plan indicating its necessity. Interviews with facility staff, including registered nurses and a certified nursing assistant, revealed that the resident often refused to wear the carrot splint and would remove it when placed. Despite these refusals, the care plan did not document any refusal by the resident to wear the splint. Additionally, the nursing supervisor was unaware that the resident had not been using the carrot splint as required. This lack of adherence to the prescribed treatment and failure to document the resident's refusal contributed to the deficiency noted by the surveyors.
Failure to Notify Family of Resident's Skin Changes
Penalty
Summary
The facility failed to notify a resident's designated family member of changes in the resident's skin condition, which is a requirement under their policy for notifying family members of changes in a resident's condition. The deficiency was identified during an abbreviated survey when a family member visiting the resident noticed healing abrasions on the resident's shins, of which they had not been informed. The resident, who was non-verbal, legally blind, and severely cognitively impaired, was dependent on staff for all activities of daily living. Despite the presence of healing abrasions, the facility's skin check forms initially indicated good skin condition, and there was no documentation of skin changes in the nursing progress notes until the family member raised concerns. The incident occurred when a Certified Nursing Assistant (CNA) observed the skin changes during care but failed to report them to the assigned nurse. The family member noticed the abrasions and brought them to the attention of the nursing staff, prompting an assessment by the Unit Manager and Registered Nurse, who confirmed the presence of healing abrasions. The Director of Nursing and the Administrator acknowledged that it was unacceptable for the CNAs to have missed observing the wounds, and the family member expressed dissatisfaction with not being informed of the skin changes.
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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