Sullivan County Adult Care Center
Inspection history, citations, penalties and survey trends for this long-term care facility in Liberty, New York.
- Location
- 256 Sunset Lake Road, Liberty, New York 12754
- CMS Provider Number
- 335628
- Inspections on file
- 23
- Latest survey
- February 2, 2026
- Citations (last 12 mo.)
- 5
Citation history
Health deficiencies cited at Sullivan County Adult Care Center during CMS and state inspections, most recent first.
Three residents experienced actual harm when the facility failed to follow care plans, ensure safe transfers, and adequately investigate injuries of unknown origin. One resident, dependent on a two-person transfer, was transferred by a single CNA who did not check the Kardex, resulting in a fall and head laceration. Another resident, severely cognitively impaired and recently post–eye surgery, was later found with a right hip bruise, unable to stand, and was diagnosed with a displaced femoral neck fracture, with no documented cause, no staff statements, no investigation, and no report to the state health department. A third resident with dementia and limited mobility developed a large bruised and swollen left leg, later found to have tibia and fibula fractures, while the facility’s incident report attributed the injury to contact with a Hoyer lift without supporting statements or clear evidence.
Two residents with severe cognitive impairment and mobility limitations each developed large bruises and subsequent fractures of unknown origin (one hip fracture and one tibia/fibula fracture). In both cases, staff noted pain and functional decline, completed internal incident reports, and involved medical providers, but did not conduct or document thorough investigations into how the injuries occurred. Required statements and supporting information were missing, one incident was attributed to bumping a Hoyer without documented evidence, and reports to the state health department were not made immediately as required for alleged abuse, neglect, or injuries of unknown origin resulting in serious bodily injury.
Two residents experienced significant bruising and subsequent fractures of unknown origin, and the facility did not conduct thorough investigations as required by its incident policy. One resident, with severe cognitive impairment and recent eye surgery, was later found with a right hip bruise and an acute displaced femoral neck fracture, with no documented look‑back, staff statements, or clear circumstances of injury, and no report initially made to the state health department. Another resident with dementia and total dependence for transfers developed a large, painful bruise on the left lower leg that was later diagnosed as tibia and fibula fractures; the initial incident report attributed the injury to bumping a Hoyer lift without supporting statements or clear evidence, and the DON reported not knowing how this conclusion was reached or why they were not informed promptly.
A resident with severe cognitive impairment and a history of self-injurious behavior experienced a traumatic finger amputation after repeatedly chewing on nonfood items. Despite physician orders for frequent safety checks and facility policies requiring documentation, staff were unable to provide records showing that hourly or 15-minute safety checks were completed as ordered. Interviews confirmed that while procedures for monitoring existed, no documentation could be found to demonstrate that the required supervision was provided.
A resident with multiple chronic conditions died, and the death certificate was not signed within the required timeframe due to a lack of timely communication between nursing staff and the Medical Director. The delay caused additional stress for the family and postponed funeral arrangements, as the funeral home could not proceed without the signed certificate.
A resident with dementia and impaired cognition was allegedly picked up, dropped, and carried by a staff member in front of multiple witnesses. Although the incident was reported to two RNs and the DON, no investigation was initiated and the event was not reported to the administrator, contrary to facility policy requiring immediate action for suspected abuse.
A resident with dementia and mood disturbance was given an intramuscular injection of Lorazepam solution that had been prescribed for another resident. The DON administered the medication after it was prepared by the Nurse Educator, who did not verify the prescription details and assumed it was a stock medication. Facility policy prohibits sharing medications between residents, and there was no documentation that the injectable Lorazepam was dispensed for this resident.
The facility did not provide nursing staff with training or competencies to address the behavioral health needs of residents with psychiatric or mood disorders beyond dementia care. A resident with multiple psychiatric diagnoses did not have access to appropriately trained staff, and staff interviews confirmed the absence of behavioral health training and protocols for managing such conditions.
A facility failed to ensure safety for two residents, leading to harm. One resident fell from a mechanical lift due to a dead battery and improper handling by CNAs, resulting in a head injury. Another resident, with a swallowing disorder, was given a non-compliant snack, causing choking and respiratory arrest. Both incidents required hospital transfers.
The facility failed to store food according to professional standards, with items in freezers and refrigerators found unlabeled, undated, and expired. Essential equipment, such as freezer doors, was not in safe operating condition, causing ice formation. Damaged flooring near the dishwasher also indicated maintenance issues.
The facility was found to have insufficient nursing staff, particularly during night shifts, leading to unmet resident needs. Staffing schedules showed frequent shortages, with only one CNA often covering Unit 1. Staff interviews revealed overwhelming workloads and frequent callouts, with the RN Supervisor having to assist with care. Despite efforts to improve staffing, the facility struggled to maintain adequate levels, impacting resident care.
The facility did not ensure food and drink were served at safe and appetizing temperatures. A resident reported receiving cold food due to delays in tray delivery, and another resident confirmed similar issues. During a Resident Counsel Group meeting, several residents noted that food was often cold and unappetizing. A test tray showed food temperatures below acceptable levels, although the Food Services Director stated they were acceptable when leaving the kitchen.
A facility failed to maintain a safe and homelike environment when a ceiling leak caused by a faulty air conditioner led to a large hole and water pooling in a resident's room. Despite being notified, maintenance did not address the issue promptly, and residents were not moved immediately, posing a safety risk. Communication lapses among staff contributed to the delay in resolving the problem.
A facility failed to report an alleged misappropriation of a resident's gold necklace to the NY State Department of Health. The resident, who was moderately cognitively impaired, reported the necklace missing after two staff members took it for cleaning. Despite a police investigation, the facility did not report the incident, as it was considered a missing item.
A resident with Alzheimer's was temporarily moved due to repairs but was not returned to their original room promptly, despite expressing dissatisfaction with the temporary room. The facility failed to document discussions or follow up on the resident's preferences, leading to distress and confusion.
A resident with chronic health conditions was administered oxygen therapy without a physician's order, contrary to the facility's policy. Observations and records showed the resident consistently received 2 liters of oxygen via nasal cannula, but there was no documented order or care plan. Nursing staff confirmed the requirement for a physician order, which was not obtained.
A resident admitted on hospice care did not have a physician's order documented until months later. Despite being on hospice since admission, the necessary order was not entered into the facility's electronic records. Staff interviews confirmed the oversight, highlighting a deficiency in ensuring proper documentation of hospice services.
Failure to Prevent Falls and Investigate Injuries of Unknown Origin
Penalty
Summary
The deficiency involves the facility’s failure to maintain an environment free of accident hazards and to provide adequate supervision and assistance to prevent accidents for three residents. For the first resident, who had traumatic subdural hemorrhage, dementia with mood disturbance, muscle weakness, and was care planned as dependent on two-person assistance for transfers, a CNA attempted a stand-pivot transfer alone. The resident fell, struck their head on the bedside table and garbage can, and sustained a forehead laceration requiring sutures and hospital evaluation. The CNA later stated they were not aware the resident required a two-person assist because they did not check the Kardex, despite the Kardex being accurate at the time and the resident’s care plan clearly indicating a two-person transfer requirement. For the second resident, who was severely cognitively impaired and had recently undergone eye surgery, staff discovered a bruise on the right hip and noted that the resident, who had previously been able to stand and ambulate for surgery, could no longer stand and complained of pain. An Accident and Incident report documented a purple bruise on the right hip and that the resident was unable to describe what happened. The x-ray later showed a displaced acute fracture of the right femoral neck. There was no documentation of how the injury occurred, no staff statements, and no facility investigation to determine the cause of the injury. The incident was not reported to the New York State Department of Health, and the Medical Director stated they had no idea what caused the incident and would have expected a more thorough investigation and look-back of staff who provided care. For the third resident, who had Alzheimer’s disease, severe cognitive impairment, used a wheelchair for mobility, and required assistance for transfers and bed mobility, staff identified a large purple bruise with swelling on the left lower leg. The resident showed mild discomfort on palpation and later complained of pain when the area was touched. The Accident and Incident report, completed by the Infection Control Nurse, concluded that the bruise resulted from bumping the Hoyer lift during transfer, but there were no supporting staff statements in the report. The DON later stated they did not know how the Infection Control Nurse reached that conclusion and that they were not made aware earlier. Subsequent evaluation in the emergency department revealed a fracture of the left tibia and fibula of unknown origin. Across these three cases, the facility did not ensure adherence to care plans, did not adequately investigate injuries of unknown origin, and did not ensure that the resident environment and transfer processes were free of accident hazards, resulting in actual harm to the residents.
Failure to Timely Report and Investigate Injuries of Unknown Origin Resulting in Fractures
Penalty
Summary
The deficiency involves the facility’s failure to immediately report and investigate injuries of unknown origin that resulted in fractures for two residents, as required by 10 NYCRR 415.4(b)(2). For the first resident, who was severely cognitively impaired and had osteoporosis and other diagnoses including muscle weakness and glaucoma, staff documented that the resident returned from eye surgery with instructions not to ambulate without assistance and with an alarm placed on the bed. On a subsequent day, an Accident and Incident report noted a light to dark purple bruise, approximately the size of a 50‑cent piece, on the resident’s right hip. The resident was unable to describe what happened, reported pain, and could not stand as they normally could. The resident was sent to the hospital, and imaging later showed a displaced acute traumatic fracture of the right femoral neck. There was no indication in the record of how the injury occurred, no documented facility investigation into the cause, and no report submitted to the New York State Department of Health within the required timeframe. The same resident’s incident documentation showed that the facility’s internal policy required the Nurse Supervisor/Charge Nurse or department supervisor to complete an incident/accident report and submit it to the Director of Nursing within 24 hours, and for the Director of Nursing to ensure the Administrator received a copy. The incident report for this resident included a brief description of the bruise and immediate actions such as notifying the provider, DON, and family, and sending the resident to the emergency department. However, the report lacked statements from staff or others, and there was no documented investigation into the circumstances surrounding the injury, despite the x‑ray impression describing a displaced acute traumatic fracture of the right femoral neck. During interview, the Medical Director stated they had no idea what caused the incident, would have expected more investigation and a look‑back of staff who provided care, and acknowledged the possibility of a fall or a fracture related to osteoporosis, but there was still no documented determination of cause or timely reporting to the Department of Health. For the second resident, who was severely cognitively impaired, incontinent, used a wheelchair for mobility, and required assistance for transfers and bed mobility, staff identified a large purple bruise with mild swelling on the left lower leg. The resident showed mild discomfort on palpation and later complained of pain, saying "Ow, ow, that hurts," according to a CNA. The Infection Control Nurse completed an accident/incident report describing the bruise and mild discomfort, and documented that a root cause analysis determined the bruise was from bumping the Hoyer during transfer, yet there were no supporting statements in the report. A nurse practitioner assessed the bruise as a contusion and planned monitoring. The Medical Director later ordered an x‑ray, which was not completed at the facility, and the resident was eventually sent to the emergency department, where a fracture of the left tibia and fibula was diagnosed. The DON later stated they did not know how the Infection Control Nurse concluded the bruise was from bumping the Hoyer and did not know why they were not made aware earlier. The injury of unknown origin was reported to the Infection Control Nurse on one date, but the DON did not submit a report to the New York State Department of Health until several days later, outside the required immediate reporting timeframe for alleged abuse, neglect, or injuries of unknown origin resulting in serious bodily injury.
Failure to Thoroughly Investigate Injuries of Unknown Origin for Two Residents
Penalty
Summary
The deficiency involves the facility’s failure to thoroughly investigate accidents and injuries of unknown origin for two residents, in accordance with its own "Accidents and Incidents - Investigating and Reporting" policy and 10 NYCRR 415.4(b)(3). The policy requires that incident/accident reports include the date and time of the event, the nature of the injury, the circumstances surrounding the incident, and the location, and that the Nurse Supervisor/Charge Nurse or department director complete and submit the report to the DON within 24 hours, with the Administrator also receiving a copy. For both residents, the facility did not identify how the injuries occurred, did not complete a comprehensive investigation, and in one case did not report the incident to the New York State Department of Health. For the first resident, who had diagnoses including muscle weakness, insomnia, and bilateral glaucoma and was documented as severely cognitively impaired, staff noted a bruise on the right hip after the resident’s return from an eye surgery hospitalization. Prior to this, the resident required supervision or touching assistance for most ADLs, was independent in rolling, and needed only setup or cleanup help for chair-to-bed transfers. After returning from eye surgery, documentation indicated the resident had an eye patch, was to remain NPO after midnight for surgery, was not to ambulate without assistance, and had a bed alarm in place. On the date of the incident, a CNA called the nurse after finding a light to dark purple bruise, about the size of a 50‑cent piece, on the resident’s right hip; the resident was unable to describe what happened and complained of pain and inability to stand, despite previously being able to ambulate for surgery. The incident report for this first resident documented that an x‑ray was ordered, the provider, DON, and family were notified, and the resident was sent to the ED per family request. The subsequent x‑ray showed a displaced acute traumatic fracture of the right femoral neck, with no aggressive osseous lesion or erosions. The incident report contained a later note referencing the resident’s limited medical history, long‑standing tobacco use, and osteoporosis, and concluded that there was no evidence of abuse, neglect, or mistreatment, and that the resident had recently been at the hospital alone for eye surgery. However, there were no staff statements on the report, no documented look‑back of staff who provided care, no explanation of how the injury occurred, and no facility investigation or report to the New York State Department of Health. The Medical Director stated they would have expected more investigation, including a look‑back of staff, and acknowledged they had no idea what caused the incident. For the second resident, who had Alzheimer’s disease, intermittent explosive disorder, generalized anxiety disorder, severe cognitive impairment, incontinence, wheelchair mobility, and dependence on staff for transfers and bed mobility, staff discovered a large purple bruise with mild swelling on the left lower leg. The resident laughed when asked what occurred, but a CNA reported that the resident had been complaining of pain from the time the bruise was found, saying "Ow, ow, that hurts," despite not being very vocal generally. The initial Accident/Incident report, completed by the Infection Control Nurse, described mild discomfort on palpation, mild swelling without redness or warmth, and a pain level of 2 with facial grimacing. The resident was seen by a Nurse Practitioner with no further orders at that time, and the report’s root cause analysis concluded the bruise was from bumping the Hoyer during transfer, yet there were no supporting staff statements documented. Subsequent documentation showed that the Medical Director later ordered an x‑ray of the left lower extremity, and when the x‑ray could not be completed, the resident was sent to the ED, where a fracture of the left tibia and fibula was diagnosed. The CNA who found the bruise stated they did not know how it happened, that the resident was transferred with a Hoyer, that many residents on the unit required Hoyer transfers, and that no one knew how such a large, swollen, green and purple bruise that wrapped around the leg had gone unnoticed earlier. The DON stated they did not know how the Infection Control Nurse concluded the bruise was from bumping the Hoyer, given the absence of statements in the Accident/Incident report, and also stated they did not know why they were not made aware earlier. An injury of unknown origin was reported to the Infection Control Nurse on the date the bruise was found, and the DON submitted a report to the New York State Department of Health several days later, but the facility did not complete a thorough investigation into the circumstances of the injury as required by policy.
Failure to Document and Implement Required Safety Checks for Cognitively Impaired Resident
Penalty
Summary
The facility failed to ensure that adequate supervision and safety monitoring interventions were consistently implemented and documented for a resident with severe cognitive impairment and a history of self-injurious behavior. The resident, diagnosed with Alzheimer's Disease and other conditions, had a care plan addressing behaviors such as chewing on nonfood items and placing fingers in their mouth. Despite these known risks, the resident was observed biting their left middle finger, resulting in traumatic amputation and subsequent hospitalization. Upon return from the hospital, physician orders were issued for hourly safety checks, later changed to 15-minute safety checks. However, there was no documented evidence that these safety checks were completed as ordered. Multiple interviews with staff, including LPNs, CNAs, and the DON, confirmed that while procedures for documenting safety checks existed—primarily using paper forms—no records could be produced to show that the required monitoring was performed for this resident during the relevant period. The facility's own policy required prompt, accurate, and legible documentation of 15-minute safety checks for residents at risk, yet review of accountability forms and care guides revealed no such documentation. The absence of these records indicated that the facility did not follow its own protocols or physician orders for monitoring, resulting in a lack of evidence that adequate supervision was provided to prevent further self-injurious behavior.
Delay in Death Certificate Signature Due to Communication Breakdown
Penalty
Summary
The facility failed to ensure that the Medical Director fulfilled their responsibility for timely implementation of resident care policies following the death of a resident. Specifically, after a resident with diagnoses including dementia, repeated falls, chronic kidney disease stage 3, and basal cell carcinoma died, the death certificate was not signed within the required 72-hour timeframe as mandated by State Public Health Law 4041. Documentation showed that the resident was found without respirations and an apical pulse, and post-mortem care was provided. The family and funeral home were notified, but the funeral home was unable to proceed with arrangements due to the unsigned death certificate, resulting in a delay of services. Interviews with the resident's representative and the funeral director confirmed that the delay in signing the death certificate caused additional stress and postponed the resident's services. The Medical Director stated that they were not informed in a timely manner to sign the certificate, as the nurse who documented the resident's expiration did not follow up with a phone call. The facility's investigation found no documentation that the Medical Director was contacted to sign the certificate, leading to the late signature. This breakdown in communication between nursing staff and the Medical Director resulted in the deficiency.
Failure to Investigate and Report Alleged Abuse Incident
Penalty
Summary
The facility failed to initiate and complete a thorough investigation into an alleged incident of abuse involving a resident with moderately impaired cognition and diagnoses including unspecified dementia and mood disturbance. On the date of the incident, three staff members witnessed a domestic aide approach the resident from behind, pick them up in a bear hug, drop them on the floor, and then carry them to their room. These staff members reported the incident to two different registered nurses and the Director of Nursing. However, there was no evidence that the nursing staff reported the allegation to the facility administrator or that an investigation was conducted, as required by the facility's abuse policy. Interviews revealed that the Director of Nursing did not initiate an investigation, stating that the incident was not described to them in terms that raised suspicion of abuse. The Director of Nursing relied on the information provided by the registered nurses and did not pursue further inquiry. The facility's abuse policy mandates immediate documentation, reporting, and investigation of any suspected mistreatment or abuse, including notification of the administrator and completion of incident reports. These procedures were not followed in this case, resulting in a failure to respond appropriately to the alleged violation.
Medication Administration Error: Injectable Lorazepam Given to Wrong Resident
Penalty
Summary
A deficiency occurred when a resident with diagnoses including unspecified dementia, mood disturbance, and non-Alzheimer's dementia, who had moderately impaired cognition, was administered an intramuscular injection of Lorazepam solution 1 MG that had been prescribed for another resident. The facility's policy on medication administration explicitly prohibits sharing medications between residents and requires that the right medication be given to the right resident, at the right time, by the right route, and in the right dose. The resident was only prescribed Lorazepam oral tablets, not the injectable form, and there was no documentation that the injectable Lorazepam had been dispensed by the pharmacy for this resident. During the incident, the DON stated that the resident was experiencing escalating behavior and was evaluated by a psychiatrist who ordered an immediate intramuscular injection of Lorazepam. The Nurse Educator retrieved the medication from another unit, did not verify the name on the medication bag, and assumed it was a stock medication. The Nurse Educator prepared the medication, which was then administered by the DON. It was later discovered that the Lorazepam solution used was not a house stock medication but had been prescribed for another resident. Both the Nurse Educator and DON confirmed that Lorazepam solution was not stocked as an emergency medication in the facility.
Lack of Behavioral Health Training for Nursing Staff
Penalty
Summary
The facility failed to ensure that nursing staff possessed the necessary competencies and training to meet the behavioral health needs of residents with psychiatric or mood disorders, as identified in the facility assessment. Record review and staff interviews revealed that staff education on behavioral health was limited to dementia care, with no documented evidence of training for other psychiatric conditions such as schizophrenia, bipolar disorder, depression, or PTSD. The general orientation materials referenced behavioral health and trauma-informed care, but only in the context of dementia or PTSD, and did not address care for residents with other mental health diagnoses listed in the facility assessment. A resident with multiple psychiatric diagnoses, including moderate cognitive impairment and elevated depression, was identified as not having access to appropriately trained staff. Interviews with nursing staff and the staff education nurse confirmed the absence of behavioral health training and protocols for managing residents with psychiatric or behavioral health issues. Staff reported feeling unprepared and unsafe when dealing with behavioral incidents, and the administrator acknowledged that training had focused solely on dementia care rather than broader behavioral health needs.
Failure to Ensure Resident Safety and Adherence to Dietary Guidelines
Penalty
Summary
The facility failed to ensure a safe environment for Resident #219, who was being transferred via a mechanical lift by two certified nurse aides. During the transfer, the battery of the mechanical lift died, and instead of using the emergency lower button, the aides unhooked the straps, causing the resident to fall and sustain a hematoma to the back of the head. This incident required the resident to be transferred to the emergency room for further evaluation. The resident had a history of falls and was at risk due to conditions such as dementia and chronic pain syndrome. In another incident, Resident #95, who had severe cognitive impairment and a swallowing disorder, was given a peanut butter and jelly sandwich by a certified nurse aide without checking the resident's prescribed diet. The resident's diet was supposed to be pureed with thin liquids, but the aide provided a regular sandwich, leading to a choking incident. The resident became unresponsive, necessitating a Code Blue and transfer to the hospital for respiratory arrest associated with feeding. Both incidents highlight the facility's failure to adhere to safety protocols and dietary guidelines, resulting in harm to the residents. The mechanical lift incident was attributed to user error and a lack of battery checks, while the choking incident was due to the aide's failure to verify the resident's dietary restrictions.
Deficiencies in Food Storage and Equipment Maintenance
Penalty
Summary
The facility failed to ensure that food was stored in accordance with professional standards for food safety practice, as observed during a recertification survey. Specifically, food items in the walk-in freezers and refrigerators were found unlabeled, undated, and without expiration dates. Expired foods were also stored in the refrigerators and dry storage room. Observations included a bag of frozen chicken breast without an expiration date, opened boxes of beef patties and beef chuck without dates, and undated bags of mozzarella cheese and leftover baked ziti. Additionally, the facility's policy on food receiving and storage, which requires all foods to be covered, labeled, and dated, was not adhered to. Furthermore, essential equipment was not in safe operating condition, as evidenced by the improper sealing of freezer doors, leading to ice formation on the ceiling and walls inside the freezers. The Food Services Director confirmed that the door seals for freezers #6 and #7 had not been closing properly for over a year, and reports about the situation were sent to QAPI meetings monthly. Additionally, damaged tile flooring next to the dishwashing machine created an uneven and wobbly surface, further indicating a lack of maintenance in the facility's food service area.
Inadequate Staffing Leads to Resident Care Deficiencies
Penalty
Summary
The facility was found to have insufficient nursing staff to meet the needs of its residents during the Recertification and Abbreviated surveys. The staffing schedule review revealed that on multiple occasions, the facility did not provide adequate staffing, particularly during the night shifts. For instance, on Unit 1, there were 17 out of 28 night shifts where only one Certified Nursing Assistant (CNA) was scheduled, despite the unit's census and needs. This staffing shortage was evident on 9/27/2024, when a strong smell of feces was noted on Unit 1, and many residents were left unattended with their breakfast trays at their bedside. Interviews with staff highlighted the challenges faced due to inadequate staffing. A CNA reported being overwhelmed with the workload, as they were often responsible for 20 residents during the night shift. The Registered Nurse (RN) Supervisor also noted that staffing issues were frequent, with callouts being a significant problem. The RN Supervisor had to assist with resident care due to the shortage of CNAs, and there were instances where agency staff did not fulfill their scheduled shifts, further exacerbating the staffing issues. The facility's staffing coordinator and administrator acknowledged the staffing challenges, particularly during the night and evening shifts. Despite efforts to improve staffing through job fairs, bonuses, and flexible hours, the facility continued to struggle with maintaining adequate staffing levels. The administrator confirmed that the facility's staffing par levels were aligned with state requirements, but the actual staffing often fell short due to callouts and scheduling errors.
Deficiency in Serving Palatable and Safe Temperature Food
Penalty
Summary
The facility failed to provide food and drink that was palatable, attractive, and at a safe and appetizing temperature during the Recertification survey conducted from 9/22/24 to 9/27/24. The facility's policy, revised in August 2023 and edited in December 2023, requires food and nutrition services staff to ensure meals are served at appropriate temperatures. However, observations and interviews revealed that food was served out of temperature. A resident reported that their food was cold by the time it was delivered to their room, as it took the Certified Nurse Aide half an hour to bring the tray after serving the dining room residents. Another resident also stated that their food was cold upon delivery. During a Resident Counsel Group meeting, several residents expressed that the food was often cold and unappetizing. A test tray temperature check with the Food Service Director showed the chicken at 130°F, vegetables at 105°F, pasta at 106°F, and milk at 48°F, indicating that the food was not maintained at safe temperatures. The Food Services Director claimed the food and milk were at acceptable temperatures when they left the kitchen.
Failure to Maintain Safe and Homelike Environment Due to Ceiling Leak
Penalty
Summary
The facility failed to ensure a safe, clean, and homelike environment for residents, as evidenced by a large hole in the ceiling of a room on Unit 2, where two residents were residing. The hole was caused by a leaking air conditioner unit from above, which led to water pooling and dripping into the room. This issue was first observed on 9/21/24, but the maintenance department was not informed until 9/23/24, resulting in a delay in addressing the problem. The residents were not moved immediately, despite the potential safety hazard posed by the water leakage and the risk of further ceiling collapse. Interviews with staff revealed a breakdown in communication and response to the maintenance issue. The Director of Maintenance was unaware of the problem until 9/23/24, although the maintenance assistant had been notified verbally and through a work log on 9/21/24. The Director of Nursing and the Registered Nurse Unit Manager were also not informed in a timely manner, leading to a delay in relocating the residents for their safety. The maintenance assistant attempted to mitigate the issue by turning off the air conditioners and placing a basin to collect water, but the ceiling was not repaired until 9/23/24, and the residents were only moved after the situation was reassessed on 9/22/24.
Failure to Report Misappropriation of Resident Property
Penalty
Summary
The facility failed to report an alleged misappropriation of a resident's property to the New York State Department of Health, as required by regulations. This deficiency was identified during a recertification and complaint survey. The incident involved a resident diagnosed with Parkinson's disease and cerebral infarction, who was moderately cognitively impaired. The resident and their representative reported that the resident's gold necklace went missing after two unidentified male staff members took it for cleaning. Although the police were called and a larceny investigation was initiated, there was no documented evidence that the facility reported the allegation to the state health department. The facility's administrator stated that the incident was not reported because it was considered a missing item, not a reportable event.
Failure to Honor Resident's Room Preference
Penalty
Summary
The facility failed to honor a resident's right to make choices about significant aspects of their life, specifically regarding room changes. Resident #110, who has Alzheimer's disease, depression, and glaucoma, was temporarily moved from their room due to ceiling repairs. Despite the repairs being completed, the resident was not moved back to their original room as per their preference until several days later. During this period, the resident expressed dissatisfaction with the temporary room, citing it was cold and unclean, and repeatedly attempted to return to their original room. The facility's policy on room changes emphasizes minimizing negative impacts and maintaining residents' rights and dignity. However, the staff did not document any conversation with the resident about the room change, and the social worker did not follow up with the resident to assess their needs or preferences. The Director of Nursing acknowledged the lack of documentation and follow-up, which contributed to the resident's distress and confusion during the room change process.
Oxygen Therapy Administered Without Physician Order
Penalty
Summary
The facility failed to ensure that a resident requiring respiratory care received it in accordance with professional standards of practice. Specifically, Resident #105, who had diagnoses including dependence on renal dialysis, chronic systolic heart failure, and atrial fibrillation, was administered oxygen without a physician's order. The resident's Quarterly Minimum Data Set did not document the use of oxygen therapy, and the facility's Oxygen Administration Policy required verification of a physician order for such procedures. Observations and record reviews revealed that Resident #105 was consistently on 2 liters of oxygen via nasal cannula from 9/22/24 to 9/27/24, without a documented physician order or care plan. Nursing progress notes indicated the application of oxygen when the resident's oxygen saturation was low, but there was no documentation in the electronic health record or medication and treatment administration records. Interviews with nursing staff confirmed that a physician order should have been obtained, but it was not, leading to the deficiency.
Lack of Physician's Order for Hospice Care
Penalty
Summary
The facility failed to ensure that a physician reviewed a resident's total program of care, including medications and treatments, at each required visit. Specifically, a resident admitted to the facility on hospice care did not have a physician's order for hospice services documented until several months after admission. The resident, who had diagnoses including Alzheimer's disease, anxiety disorder, depression, and psychotic disorder, was admitted on hospice care, but the necessary physician's order was not entered into the facility's electronic medical records until months later. Interviews with facility staff, including a Registered Nurse Manager and the Director of Nursing, confirmed that the resident was on hospice care since admission, and there should have been a physician's order for hospice services. The Medical Director acknowledged that while physicians and nurse practitioners are responsible for managing residents' care, they cannot verify every single order due to the facility's size. This oversight resulted in a deficiency related to the lack of a documented physician's order for hospice care for the resident.
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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