Sheepshead Nursing & Rehabilitation Center
Inspection history, citations, penalties and survey trends for this long-term care facility in Brooklyn, New York.
- Location
- 2840 Knapp St, Brooklyn, New York 11235
- CMS Provider Number
- 335677
- Inspections on file
- 16
- Latest survey
- March 9, 2026
- Citations (last 12 mo.)
- 1
Citation history
Health deficiencies cited at Sheepshead Nursing & Rehabilitation Center during CMS and state inspections, most recent first.
A resident with schizophrenia, TIA, hypertension, and moderately impaired cognition later reported that staff had pulled their arm, causing pain, during a prior stay. After a detective from the Attorney General’s office notified the DON of this abuse allegation, the facility conducted an internal investigation and found no documentation of complaints, injuries, or signs of abuse in the clinical record, and staff denied receiving complaints. Although facility policy and state law required reporting suspected abuse to the State Survey Agency within specified time frames, the DON and administrator did not report the allegation to the Department of Health, believing it was unnecessary because the resident had been discharged and they understood that the Department of Health already had the complaint.
A facility failed to ensure residents and their representatives were involved in care planning, as required by policy. A resident with cognitive impairment was not invited to meetings, and staff provided conflicting accounts of their attendance. Another resident's representative received late invitations, and a cognitively intact resident was not invited to participate, with discrepancies in documentation of their attendance.
The facility did not ensure accessible posting of Ombudsman and complaint hotline information, as notices were obstructed by medication carts. Residents and their representatives were unaware of how to contact the Ombudsman, despite the administration's belief that information was adequately posted.
The facility did not ensure that survey results were easily accessible to residents and their families. Survey results were placed in a binder in a 2nd Floor Family Room, which was not easily accessible, and notices were not prominently displayed. Interviews revealed that residents and their representatives were unaware of the location of these results. The Director of Recreation and Assistant Administrator acknowledged the issue, but communication about the survey results' location was insufficient.
Two residents with medical conditions requiring assistance for personal hygiene were found with long fingernails, indicating a failure by the facility to provide necessary grooming support. Despite requests for help, staff did not trim the residents' nails, and there was no documentation of such care in the records. Interviews revealed confusion among staff about responsibilities, with the RN acknowledging an oversight in care provision.
A resident with a cataract did not receive a timely ophthalmology consult as ordered by the MD due to scheduling and communication issues within the facility. The lack of a clear schedule for consultant visits led to the resident being unavailable during the consultant's visits, delaying necessary vision care.
A resident with a pressure ulcer was not wearing the prescribed multipodus boot while out of bed, as observed during a survey. Facility staff, including CNAs and LPNs, failed to communicate and document the need for the boot, leading to its non-application. The Director of Nursing acknowledged the oversight in communication and documentation.
A resident with limited range of motion was not consistently wearing a prescribed left-hand palm protector, as observed during a survey. Despite a physician's order and care plan requiring the device to be worn, staff interviews revealed inconsistencies in its application. The resident, unable to apply the device independently, expressed a preference for rehab staff to assist, which was not communicated effectively among staff.
During a survey, expired Heparin lock flush syringes were found on medication carts on two floors of the facility. Despite a policy requiring nurses to check expiration dates and remove expired drugs, these syringes were not identified or removed in a timely manner. Interviews with staff revealed inconsistencies in the process of checking for expired medications, contributing to the deficiency.
During a survey, it was found that two residents were not offered hand hygiene before being served lunch, contrary to the facility's policy. A CNA wheeled the residents into the dining area and served them without ensuring their hands were washed or sanitized. Interviews revealed that staff were aware of the hand hygiene requirements, but the protocol was not followed in this instance.
The facility failed to accurately document care plan meetings, with records incorrectly showing residents and their representatives as present. A resident was not invited to meetings, another's representative received late invitations, and a third was marked present despite being in therapy. Staff interviews confirmed discrepancies, highlighting a deficiency in documentation practices.
Failure to Report Alleged Abuse to State Agency as Required
Penalty
Summary
The facility failed to ensure that an alleged violation involving abuse was reported to the State Agency as required by 42 CFR 483.12(c)(1) and the facility’s own abuse policy. The facility’s policy, dated 01/2020, required that suspicions of abuse be reported to law enforcement and the State Survey Agency within two hours if serious bodily injury was involved, or within 24 hours if not, and referenced New York Public Health Law 2803-d requiring reports of physical abuse, mistreatment, or neglect to the New York State Department of Health. Resident #1, admitted with schizophrenia, transient cerebral ischemic attack, and hypertension, had a Minimum Data Set dated 12/03/2024 documenting moderately impaired cognition. After discharge to a group home, Resident #1 reported that between 01/09/2025 and 01/16/2025, two unknown males and one female at the facility pulled their arm, causing pain. On 01/31/2025, the DON received a call from a detective at the Attorney General’s office stating that Resident #1 had complained about staff pulling their arm during the specified period. The facility completed an internal investigation, including interviewing staff assigned to the resident, and documented in a Summary of Accident/Incident Report dated 02/02/2025 that the investigation concluded abuse did not occur. Review of nursing, medical, and social work notes from 12/2024 through 01/13/2025 showed no documentation of reported abuse, bruising, redness, or injuries of unknown source. Despite the allegation and the facility’s investigation, there was no documented evidence that the facility reported the alleged abuse to the New York State Department of Health. The DON stated they believed it was not necessary to report because they were informed that the Department of Health already had the complaint, and the Administrator stated that, based on the information and the resident’s discharge status, it was not necessary to report the complaint to the Department of Health.
Failure to Involve Residents in Care Planning
Penalty
Summary
The facility failed to ensure that residents and/or their designated representatives were given the opportunity to participate in the development and review of their comprehensive care plans. This deficiency was identified during a recertification survey, where it was found that three out of four residents reviewed for care planning were not invited to participate in their care plan meetings. The facility's policy requires that residents and their representatives be notified of care plan meetings, but this was not consistently followed. For Resident #82, who was moderately cognitively impaired, there was no documented evidence that they were invited to participate in their care planning meetings. Despite the care plan meeting reports indicating scheduled meetings, the resident stated they had not been invited, and the comprehensive care plan form was blank. Interviews with staff provided conflicting accounts of the resident's attendance, with some staff claiming the resident was present, while others stated they were not. Resident #111, also moderately cognitively impaired, had a representative who reported not being called to attend care plan meetings, despite receiving late letters of invitation. The facility could not provide evidence of when these notices were mailed. Similarly, Resident #104, who was cognitively intact, expressed a desire to participate in care planning meetings but was not invited. The resident's representative attended a meeting while the resident was in therapy, and the facility failed to document the resident's participation accurately. The facility's documentation practices were inconsistent, leading to discrepancies in recorded attendance at care plan meetings.
Inaccessible Ombudsman and Complaint Hotline Information
Penalty
Summary
The facility failed to ensure that information regarding the Ombudsman program and the New York State Nursing Home Complaint Hotline was accessible to residents and their representatives. During a Resident Council meeting, six out of nine residents expressed that they were unaware of where the Ombudsman's contact information was posted or how to file a formal complaint with the State. Observations conducted across all units revealed that the notices were placed in an enclosed bulletin board on one side of the unit, which was frequently obstructed by medication carts, making it difficult for residents and their families to access the information. Interviews with resident representatives further highlighted the issue, as they were unaware of how to contact the Ombudsman despite multiple admissions and visits to the facility. The Director of Recreation indicated that the administration was responsible for posting the signs, and the Assistant Administrator believed that residents were aware of the information due to signs on each floor. However, the lack of visibility and accessibility of the notices contributed to the residents' and their representatives' lack of awareness.
Inaccessible Survey Results for Residents and Families
Penalty
Summary
The facility failed to ensure that the most recent survey results and plan of correction were posted in a location that was easily accessible to residents, family members, and legal representatives. During the recertification survey, it was observed that the survey results were placed in a binder located in the Family Room on the 2nd Floor, which was not easily accessible to residents. Additionally, notices regarding the availability of these survey results were not prominently displayed, and the font used on the bulletin board was not easily readable from a distance or from a wheelchair. The bulletin board was also obstructed by a medication cart, further limiting access. Interviews with members of the Resident Council and several Resident Representatives revealed that they were unaware of where the survey results were posted. The Director of Recreation stated that the Family Room is used for various events and is usually closed, although not locked, and that residents are informed about the survey results only when they visit the 2nd floor. The Assistant Administrator confirmed that signs were placed on each floor indicating the location of the survey results, but this information was not effectively communicated to all residents and their representatives.
Deficiency in Resident Grooming and Hygiene Assistance
Penalty
Summary
The facility failed to ensure that residents who were unable to perform activities of daily living received the necessary assistance to maintain grooming and personal hygiene. This deficiency was identified during a recertification survey, where it was observed that two residents had long fingernails that were not trimmed by the staff. The facility's policy required care staff to provide support in activities of daily living when residents could not maintain autonomy and independence. Resident #169, diagnosed with Chronic Obstructive Pulmonary Disease and Anxiety Disorder, reported having long fingernails and needing assistance to trim them. Despite requesting help, the resident was informed by a Certified Nursing Assistant (CNA) that it was not their responsibility to trim fingernails. The resident's care plan indicated a need for supervision or touching assistance for personal hygiene, yet there was no documentation of fingernail trimming in the CNA accountability records or nursing progress notes. Interviews with the CNA and Registered Nurse (RN) revealed a lack of clarity regarding responsibility for trimming fingernails, with the RN acknowledging an error in not ensuring timely care. Similarly, Resident #171, with diagnoses of Unspecified Atrial Fibrillation and knee pain, had not had their fingernails trimmed since admission two months prior. The resident was dependent on staff for personal hygiene, as documented in their care plan, but there was no evidence of fingernail care in the records. Interviews with the CNA and RN assigned to the resident indicated a misunderstanding of roles, with the RN admitting oversight in addressing the resident's grooming needs. The Director of Nursing was unaware of the issue, despite making regular rounds, highlighting a communication gap in the facility's care processes.
Failure to Provide Timely Ophthalmology Consultation
Penalty
Summary
The facility failed to ensure that a resident received timely ophthalmology consultation as ordered by the medical doctor. The resident, who had a small cataract and reported decreased vision, did not receive the necessary ophthalmology consult in a timely manner. The medical doctor had ordered the consult on February 13, 2024, but the resident was not seen due to being unavailable during the consultant's visits on March 5, 2024, and March 25, 2024. The facility's policy requires that consultations be arranged to maintain or improve residents' functional status, but this was not effectively implemented for the resident in question. Interviews with facility staff revealed a lack of communication and scheduling regarding consultant visits. The Registered Nurse MDS and the Director of Nursing both indicated that there was no advance notice or schedule for when consultants would visit the facility, making it difficult to prepare residents for their appointments. This lack of coordination resulted in the resident not being informed or prepared for the ophthalmology consult, contributing to the delay in receiving necessary vision care.
Failure to Apply Prescribed Pressure Ulcer Prevention Device
Penalty
Summary
The facility failed to ensure that a resident received care consistent with professional standards to prevent pressure ulcers. This deficiency was identified during a recertification survey, where it was observed that a resident with a diagnosis of an unstageable pressure ulcer on the left heel was not wearing the prescribed multipodus boot while out of bed. The facility's policy on heel protectors, revised in January 2024, mandates the use of such devices to prevent skin irritation and maintain proper skin hygiene. Despite this, the resident was observed multiple times without the boot, which was supposed to be worn when out of bed for heel pressure relief. Interviews with staff revealed a lack of communication and documentation regarding the resident's need for the multipodus boot. A Certified Nurse Assistant (CNA) stated that they were not informed during the morning report about the requirement for the boot, and a Licensed Practical Nurse (LPN) admitted to not being the regular nurse for the resident and was unaware of the need for the boot until later. The Director of Nursing acknowledged that the nurse should verify orders and communicate the need for special devices to CNAs, and that this information should be documented in the kiosk. The failure to apply the boot as ordered was attributed to a possible oversight in communication during staff handovers.
Failure to Ensure Proper Use of Assistive Device 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 physician's order for a left-hand palm protector was not wearing the device on multiple occasions. The resident, who has diagnoses including atrial fibrillation, coronary artery disease, coronary vascular accident, and hemiplegia, was noted to have a contracture of the left hand. The resident's care plan and physician's order specified that the palm protector should be worn at all times except during hygiene, range of motion exercises, and skin checks. Interviews with staff revealed a lack of consistent application of the palm protector. The resident expressed that they were unable to apply the device independently and expected the CNA to assist. However, the CNA reported that the resident preferred the rehabilitation staff to apply the device. The LPN acknowledged that the resident's refusal to wear the device should have been documented, and the RN stated that any refusal should be reported to initiate a refusal care plan. The Director of Rehabilitation was unaware of the resident's preference for rehab staff to apply the device, and the Director of Nursing Services emphasized the need for staff to ensure compliance with physician orders and care plans.
Expired Medications Found on Medication Carts
Penalty
Summary
The facility failed to ensure the timely identification and removal of expired medications during a recertification survey. Specifically, seven expired Heparin lock flush syringes were found on medication carts on the 2nd and 4th floors. The facility's policy requires nurses to check expiration dates before administering medications and to remove expired drugs from medication carts, rooms, and refrigerators. However, observations revealed that expired syringes were still present on the carts, indicating a lapse in adherence to the policy. Interviews with staff, including a Registered Nurse Supervisor, Licensed Practical Nurses, the Pharmacy Supervisor, and the Director of Nursing, highlighted inconsistencies in the process of checking for expired medications. The Pharmacy Supervisor mentioned that their staff conducts monthly reviews, but the expired syringes were not removed in a timely manner. The Director of Nursing acknowledged that while checks are supposed to be conducted, there is no set timeframe for these checks, and random checks are infrequent. This lack of consistent monitoring and adherence to policy led to the presence of expired medications on the units.
Inadequate Hand Hygiene Before Meals
Penalty
Summary
During a recertification survey conducted from April 17 to April 24, 2024, it was observed that the facility failed to maintain an effective infection prevention and control program. Specifically, two residents on Unit 2 were not offered appropriate hand hygiene before being served their lunch meal. The facility's policy, revised in January 2024, mandates that hands should be washed before eating. However, during the dining observation, a Certified Nursing Assistant (CNA) wheeled the residents into the dining area and served them lunch without ensuring their hands were washed or sanitized. Interviews conducted on April 22, 2024, revealed that the CNA acknowledged the requirement for hand hygiene before and after meals but was unsure why it was not performed in this instance. The Infection Control Preventionist confirmed that staff had been educated on hand hygiene practices and reiterated the facility's policy of sanitizing residents' hands before and after meals. The Preventionist also stated that residents should be assessed for hand hygiene upon entering the dining room, but this protocol was not followed for the observed residents.
Inaccurate Documentation of Care Plan Meetings
Penalty
Summary
The facility failed to ensure accurate documentation of care plan meetings in accordance with accepted professional standards and practices. Specifically, the medical records inaccurately documented the attendance of residents and their representatives at care plan meetings. This deficiency was identified during a recertification survey conducted from April 17, 2024, to April 24, 2024, affecting three out of four residents reviewed for care plans. Resident #82, who was moderately cognitively impaired, reported not being invited to any care plan meetings. Despite this, the Care Plan Meeting Report inaccurately documented their attendance along with several staff members. Interviews with staff confirmed that Resident #82 did not attend the meeting, and only the Director of Rehab and Social Worker #1 were present. Similarly, Resident #111's representative stated they had not been called to attend care plan meetings, although the records falsely indicated their presence at multiple meetings. The Director of Discharge Planning admitted that the documentation might not reflect actual attendance, as residents or family members were informed about the meetings afterward. Resident #104, who was cognitively intact, expressed a desire to participate in care planning meetings but was not invited. The Care Plan Meeting Report inaccurately recorded their attendance, although they were at therapy during the meeting. The Director of Discharge Planning acknowledged that Resident #104 did not attend the meeting but was marked as present because they discussed the care plans later in the day. The facility's Administrator confirmed that documentation should reflect actual events, and if not documented, it is considered not done. This discrepancy in documentation practices led 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.
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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