Sunharbor Manor
Inspection history, citations, penalties and survey trends for this long-term care facility in Roslyn Heights, New York.
- Location
- 255 Warner Avenue, Roslyn Heights, New York 11577
- CMS Provider Number
- 335559
- Inspections on file
- 12
- Latest survey
- March 21, 2024
- Citations (last 12 mo.)
- 0
Citation history
Health deficiencies cited at Sunharbor Manor during CMS and state inspections, most recent first.
A resident with a physician's order for a Lidocaine patch received a Menthol patch instead during a medication pass. The nurse did not re-check the physician's order and signed off as if the correct medication had been administered. The resident had moderate cognitive impairment and was receiving pain medications for a lumbar vertebra fracture and low back pain.
A resident with multiple diagnoses lost their left hearing aid over a year ago and experienced delays in obtaining an Audiology Consult despite multiple physician orders. The delay was attributed to a change in the unit clerk responsible for scheduling the appointment, resulting in the resident struggling with hearing difficulties.
The facility failed to provide adequate supervision for two residents, leading to one resident being unsupervised outside in a smoking area and another resident having access to multiple medications without proper assessment. The facility's policies for resident supervision and medication administration were not followed.
A resident's tube feeding and hydration bags were found without required labels, including the resident's name and start time, contrary to facility policy. The deficiency was confirmed through staff interviews, revealing oversight by the nursing staff.
A resident was observed with a Peripheral Intravenous Catheter in their left hand without a physician's order for its placement and care. Despite having a care plan for intravenous therapy, there was no documentation of the catheter's assessment or care. Interviews revealed no awareness of who placed the catheter or why it was still in place. The physician confirmed that the catheter should have been removed after the fluids finished infusing.
A resident was prescribed Ambien as needed for insomnia without a 14-day limit or documented rationale for continued use, contrary to CMS guidelines. The primary care physician was unaware of the requirement, and the resident received the medication nightly until the survey date. The Medical Director later provided education on the regulation.
The facility failed to ensure proper labeling and storage of medications, including insulin pens, leading to deficiencies in three of twelve medication carts reviewed. Staff interviews revealed a lack of adherence to medication storage policies.
A resident with Type 2 Diabetes Mellitus and Peripheral Vascular Disease had a Physician's Order for a dental consult that was delayed for several months. Despite a Dentist's recommendation for six tooth extractions to facilitate dentures, the facility did not address these recommendations until prompted by a Surveyor. Interviews revealed lapses in communication and follow-up among nursing staff.
A facility failed to post the correct Contact Precaution signage for a resident with a Clostridium Difficile infection, leading to potential lapses in infection control practices. Staff acknowledged the oversight and the need for appropriate signage to alert staff and visitors.
A resident with severe cognitive impairment and multiple diagnoses was discharged without confirmed home care services, leading to an eight-day delay in receiving necessary home healthcare. The facility failed to ensure an effective discharge planning process, as required by their policy.
Failure to Implement Comprehensive Pain Management Care Plan
Penalty
Summary
The facility did not ensure that a comprehensive person-centered care plan was developed and implemented for each resident, specifically for pain management. Resident #246, who had a physician's order for a Lidocaine patch to be applied to the lumbar area, received a Menthol patch instead during a medication pass. The nurse administering the medication did not re-check the physician's order in the electronic medical record and applied the incorrect patch. This discrepancy was observed during the survey, and the nurse signed off on the Medication Administration Record as if the correct medication had been administered. Resident #246 was admitted with diagnoses including a wedge compression fracture of the fourth lumbar vertebra, low back pain, and anxiety. The resident had moderate cognitive impairment and was receiving scheduled and as-needed pain medications. The error was identified during a medication pass observation, and it was confirmed that the nurse should have applied the Lidocaine patch as per the physician's order. The Director of Nursing Services acknowledged the error and stated that the nurse should have followed the physician's order.
Delay in Audiology Consult for Resident
Penalty
Summary
The facility did not ensure that Resident #155 received proper treatment and assistive devices to maintain hearing abilities. Resident #155, who has diagnoses including Type 2 Diabetes, Hypertension, and Congestive Heart Failure, lost their left hearing aid over a year ago while in the hospital. Despite multiple physician orders for an Audiology Consult from January 2024 through March 2024, the appointment was not confirmed until two months after the first order. The resident, who has intact cognition, reported the loss and malfunction of their hearing aids to the nursing staff on several occasions, but no timely action was taken to address the issue. Interviews with the Registered Nurse Supervisor and the Director of Nursing Services revealed that the delay in obtaining the Audiology consult was due to a change in the unit clerk responsible for making the appointment. The Director of Nursing Services acknowledged that it was unacceptable for the resident to wait this long for an Audiology appointment. The resident was observed struggling to hear with their remaining hearing aid, indicating a significant lapse in the facility's responsibility to provide necessary hearing assistive devices and timely medical consultations.
Inadequate Supervision and Medication Management
Penalty
Summary
The facility failed to ensure adequate supervision to prevent accidents for two residents. Resident #240 was observed unsupervised outside the building in the designated smoking area, despite not being assessed as a safe smoker. The facility was unaware that the resident had exited the building. The resident had a physician's order to go out on pass with a responsible party but did not have an order to go outside independently. The facility's policies and staff interviews confirmed that residents require an assessment and a physician's order to go outside independently, which Resident #240 did not have. The receptionist/security guard, responsible for monitoring the front entrance and the smoking area, did not see Resident #240 exit the building due to being overwhelmed with other tasks. Resident #101 was observed with multiple medication tablets in a medication cup and an inhaler on their overbed table on two separate occasions. There were no staff members present in the vicinity, and the resident was not assessed to safely self-administer medications. The facility's policy requires medications to be administered by staff unless there is a physician's order for self-administration. Interviews with nursing staff revealed that Resident #101 often did not adhere to the medication schedule and preferred to take medications at their own pace. Despite this, the resident did not have an order to self-administer medications, and staff were aware that medications should not be left in the resident's room. The facility's policies and procedures for medication administration and resident supervision were not followed, leading to these deficiencies. The Director of Nursing Services and other staff acknowledged that residents should not have medications in their rooms without a physician's order and that residents should be monitored when going outside. The failure to adhere to these policies resulted in Resident #240 being unsupervised outside and Resident #101 having access to medications without proper assessment or supervision.
Failure to Label Tube Feeding and Hydration Bags
Penalty
Summary
The facility did not ensure that a resident who is fed by enteral means receives the appropriate treatment, care, and services to prevent complications of enteral feeding. Specifically, Resident #161's tube feeding and hydration bags were observed hanging without labels, including the resident's name and the time the tube feeding was initiated. This observation was made on 3/15/2024 at 12:03 PM. The facility's policy requires that feeding bags be labeled with the resident's name, feed volume, date, start time, and flow rate, but this was not followed in this instance. Resident #161, who has diagnoses of Cerebral Infarction, Aphasia, and Hemiplegia, relies on tube feeding for more than 51% of their total caloric intake and receives significant hydration through the tube. The deficiency was confirmed through interviews with Licensed Practical Nurses and the Director of Nursing Services, who acknowledged that the labeling was not done as required. The failure to label the feeding and hydration bags was attributed to oversight by the nursing staff responsible for hanging the bags.
Failure to Ensure Proper Administration and Documentation of IV Fluids
Penalty
Summary
The facility did not ensure that Resident #216 received care and services for the provision of parenteral fluids consistent with professional standards of practice and in accordance with physician orders and the comprehensive person-centered care plan. On three separate occasions, the resident was observed with a Peripheral Intravenous Catheter in their left hand without a physician's order for its placement and care. The resident had diagnoses including Heart Failure, Type 2 Diabetes Mellitus, and Vascular Dementia, and was cognitively intact. Despite having a care plan for intravenous therapy, there was no documentation of the catheter's assessment or care in the medical record or Treatment Administration Record. The resident was observed with the catheter in place on multiple dates, with no fluids infusing and no date on the dressing. Interviews with the resident, nursing staff, and the Director of Nursing Services revealed that there was no awareness of who placed the catheter or why it was still in place. The physician confirmed that intravenous fluids were ordered to maintain hydration but stated that the catheter should have been removed after the fluids finished infusing. The lack of assessment and documentation could lead to complications such as phlebitis, infection, and skin breakdown.
Non-Compliance with 14-Day Limit for As-Needed Psychotropic Medication
Penalty
Summary
The facility did not ensure that as-needed orders for psychotropic drugs were limited to 14 days and that there was a rationale and indication for the duration of the medication. This deficiency was identified for a resident who was prescribed Ambien 10 milligrams to be taken as needed for insomnia. The order was not limited to 14 days, and there was no documented rationale or indication for the continued use of the medication in the physician's notes. The resident received Ambien every night from the date of the prescription until the survey date, without a specified stop date, contrary to CMS guidelines. The primary care physician, who was new to the nursing home role, was unaware of the 14-day limit requirement for as-needed psychotropics and the need to provide a rationale for continued use. The physician documented that the resident wanted the medication ordered as needed to have the option to refuse it. The Medical Director later provided education to the physician and the resident about the regulation. A comprehensive care plan for the resident's insomnia was initiated, noting that the insomnia was due to anxiety and obsessive-compulsive disorder, with interventions including medication as per the physician's order and environmental adjustments to promote sleep.
Improper Medication Storage and Labeling
Penalty
Summary
The facility did not ensure that all drugs used were labeled in accordance with professional standards, including expiration dates, and that the medications were stored at proper temperatures. This deficiency was identified for three of twelve medication carts reviewed during the Medication Storage task. Specifically, an open Lantus Solostar insulin pen for Resident #194 was observed in the medication cart with an open date of 2/23/2024, which was more than 28 days old. Additionally, Resident #518's unopened Admelog insulin pen and Resident #3's unopened Humalog insulin pen were found stored in the medication cart instead of the refrigerator, which is required for maintaining their efficacy. Interviews with the nursing staff revealed a lack of awareness and adherence to the facility's medication storage policies. Licensed Practical Nurse #2 and Licensed Practical Nurse #3 were unsure why the insulin pens were not stored correctly. The Registered Nurse Manager and the Pharmacist confirmed that medications must be stored according to the manufacturer's guidelines to ensure their effectiveness. The Director of Nursing Services also acknowledged that medications should be checked for proper labeling and stored at appropriate temperatures as per the guidelines. The facility's failure to comply with these standards resulted in the identified deficiencies.
Failure to Ensure Timely Dental Care for Resident
Penalty
Summary
The facility did not ensure that residents were assisted in obtaining routine dental care, as evidenced by the case of a resident with Type 2 Diabetes Mellitus and Peripheral Vascular Disease. The resident had a Physician's Order for a dental consult dated 7/6/2023, but was not seen by the Dentist until 2/4/2024. Despite the Dentist's recommendation on 2/16/2024 for six tooth extractions to facilitate the creation of full upper and lower dentures, these recommendations were not addressed by the facility until brought to their attention by the Surveyor on 3/19/2024. The resident expressed concerns about waiting for dentures and not knowing when they would receive them. The facility's policy stated that residents would be assisted in obtaining regular and emergency dental care, but this was not followed. The resident's medical record showed multiple renewals of the Physician's Order for a dental consult, but no documented evidence that the recommendations made by the Dentist on 2/16/2024 were ever addressed. Interviews with various nursing staff revealed lapses in communication and follow-up. Registered Nurse #2 could not recall if they filled out the consult form for the resident, while Registered Nurse #3 discovered the oversight during an audit and issued a new Physician's Order on 2/1/2024. The Registered Nurse Minimum Data Set Assessor updated the resident's Dental Comprehensive Care Plan but did not confirm if the Dentist's recommendations were carried out. The Dentist and the Director of Nursing Services acknowledged that the recommendations should have been communicated and followed up on, but this did not occur.
Failure to Post Correct Infection Control Signage
Penalty
Summary
The facility did not establish and maintain an infection prevention and control program designed to prevent the development and transmission of communicable diseases and infections. Specifically, a resident with a physician's order for Contact Precautions due to a Clostridium Difficile (C-Diff) infection did not have the appropriate signage posted outside their room. Instead, a Droplet Precaution sign was stored in a caddy outside the resident's door, which was not visible to staff and visitors. This oversight was identified during an observation on 3/14/2024, where it was noted that the required Contact Precaution signage was missing, and the wrong precaution sign was later posted by staff members after the surveyor's observation. The resident involved had diagnoses including Osteomyelitis, Enterocolitis due to C-Diff infection, and Malignant Neoplasm of the Breast. The resident was cognitively intact, as indicated by a Brief Interview for Mental Status (BIMS) score of 14. The resident's care plan included maintaining Contact Precautions and providing a private room due to the C-Diff infection. Despite these documented precautions, the appropriate signage was not displayed, leading to potential lapses in infection control practices. Interviews with facility staff, including a Licensed Practical Nurse (LPN), a Registered Nurse (RN), the Assistant Director of Nursing Services, and the Director of Nursing Services, revealed that the failure to post the correct signage was an oversight. The staff acknowledged that the appropriate Contact Precaution sign should have been posted outside the resident's room to alert staff and visitors of the necessary precautions. The Assistant Director of Nursing Services, who is also the facility's Infection Control Preventionist, confirmed that the correct signage was not posted and could not explain why the error occurred.
Failure in Discharge Planning Process
Penalty
Summary
The facility failed to ensure an effective discharge planning process for Resident #466, who was discharged without confirmation of acceptance from a Home Care Agency. The resident, who had diagnoses including Symptomatic Epilepsy, Cerebral Palsy, and Major Depressive Disorder, was discharged on 7/17/2023. However, the referred Home Care Agency denied services on 7/18/2023 due to a lack of skilled needs, resulting in the resident not receiving home healthcare services until 7/25/2023, eight days post-discharge. The facility's policy required that the post-discharge plan include necessary arrangements for home care and equipment. Despite this, the discharge planning process for Resident #466 was inadequately executed. The social worker documented that a referral for home care would be made, but there was no confirmation of acceptance from the Home Care Agency before the resident's discharge. The Case Manager/Discharge Coordinator admitted that confirmation was not obtained, and the necessary documentation was not always completed due to time constraints. Interviews with the Case Manager/Discharge Coordinator and the Director of Social Work revealed that the facility did not ensure the provision of home care services before discharging Resident #466. The Director of Social Work acknowledged that the facility should have confirmed the home care services prior to discharge. This lapse in the discharge planning process led to a delay in the resident receiving the required home healthcare services, highlighting a significant deficiency in the facility's discharge procedures.
Latest citations in New York
A resident with spastic quadriplegic cerebral palsy, severe hypoxic ischemic encephalopathy, chronic respiratory failure, and a tracheostomy was on continuous pulse oximetry with ordered SpO2 parameters and linked Vocera alerts. When the resident’s oxygen saturation dropped significantly, the Vocera system sent sequential alarms to the primary RN, buddy RN, charge RN, and RT. The primary RN repeatedly pressed “Accept” on the alert device without assessing the resident, while the buddy RN, charge RN, and RT did not respond to the alarms, each assuming others would intervene or not recalling the alert. For approximately 25 minutes, no assigned clinician assessed the resident despite ongoing alarms, until another RN, not assigned to the resident, heard an alarm while passing the room and found the resident unresponsive and gray. A Code Blue was initiated, CPR was performed, and the resident was transferred to the hospital, where they were found to have no brain activity and later died. The facility’s investigation determined that staff failed to respond to and appropriately manage the pulse oximetry/Vocera alerts and failed to maintain and use required communication devices as expected.
A resident with Parkinson’s disease, dementia with behavioral disturbances, and known exit-seeking behaviors, care planned with a wander alarm, eloped through a 3rd floor stairwell door whose alarm had been disabled days earlier by maintenance and security while addressing a wandering system issue. A plastic barrier was placed in front of the door, but the door remained accessible and unrepaired. Video showed the resident repeatedly attempting to exit, bypassing the barrier, trying to remove the wander device, and ultimately opening the door, falling into the stairwell, and leaving the unit. Staff observed the resident at the door but did not consistently redirect them, and the resident was later found outside the building by a visitor after staff realized the resident was missing and discovered the wheelchair in the stairwell.
Two residents with psychiatric and behavioral histories were waiting by an elevator in a lobby when one, known to have prior aggressive behavior and a care plan noting risk for physical aggression, removed a wheelchair armrest and struck the other in the forehead, causing a bump and laceration that required ED evaluation. Video, staff, and security accounts confirmed that the aggressor resident was able to access and weaponize the removable armrest in a common area despite prior documented altercations and behavioral concerns, and was only on 30‑minute checks at the time, resulting in a failure to protect another resident from physical abuse.
Staff failed to respond promptly to an oxygen alert alarm for a resident with spastic quadriplegic CP, severe hypoxic ischemic encephalopathy, chronic respiratory failure, severe cognitive impairment, and total dependence for ADLs, resulting in the resident being found unresponsive with gray skin and requiring a Code Blue, CPR, and hospital transfer where no brain activity was found and life support was later withdrawn. Despite facility policy requiring alleged or suspected neglect and serious bodily injury to be reported to the State Agency within 2 hours (or within 24 hours if no serious bodily injury), the Administrator was not notified until days after the event and the NYS DOH was notified four days after the incident; the DON reported they were initially unaware of the failure to respond to alarms or of the need to report the incident, and the Administrator stated they had not been informed of the Code Blue on the day it occurred.
The facility did not ensure residents understood how to file grievances and failed to document and track grievances and their resolutions. Residents reported that they only voiced concerns during resident council and were unclear about the grievance process otherwise, and the designated Grievance Officer could not produce a grievance log or forms. The DON acknowledged the grievance process was informal and lacked clear documentation. In addition, a resident with significant cardiac and neurologic conditions and moderately impaired cognition had a representative who raised multiple concerns about care coordination, communication, discharge planning, call bell response, personal property, preferences, and nutrition, but these grievances were largely handled verbally, with no consistent documentation of how each concern was addressed or resolved.
Surveyors found that the facility failed to provide timely toileting assistance and call bell response for multiple residents who were dependent on staff for ADLs. A resident with Parkinson’s disease and dementia, care planned for two-hour toileting checks, was found by family with urine-saturated clothing and wheelchair cushion after a CNA admitted not changing or checking on the resident for most of a shift, and documentation showed numerous missing toileting and check entries over several months. Another resident with a history of stroke and MI, requiring maximal assist for toileting, reported long waits for morning care while the call bell rang, with staff not responding for extended periods, and the resident’s representative described multiple episodes of call bell waits exceeding an hour. Resident Council minutes, call bell audits, and observations showed repeated long call bell wait times, including bells ringing for 15–45 minutes while various staff passed the rooms without responding, and a spouse reported frequent overnight calls from a resident seeking help because call bells were unanswered.
Surveyors found that the facility failed to implement an effective infection surveillance and reporting process during a norovirus gastroenteritis outbreak and in its routine infection tracking. During the outbreak, only a single-day tracking sheet was completed for several residents with gastrointestinal illness on two units, and daily surveillance with updated symptoms and management was not maintained as required by facility policy. Despite receiving a directive from the state health department to submit a Nosocomial Outbreak Reporting Application for the identified cluster, the DON acknowledged that the report was never submitted. Additionally, monthly infection control line lists for residents on antibiotics for various infections lacked documentation of signs and symptoms, diagnostic and lab results, precautions used, and outbreak potential, even though the IP relied on these lists for surveillance.
A resident with multiple chronic conditions and numerous scheduled medications had repeated discrepancies between scheduled morning medication times and documented administration times. On multiple days, all medications ordered for a 9:00 a.m. pass were documented as given around midday by an RN, contrary to policy requiring timely administration and immediate electronic documentation. The RN cited computer timeouts, possible late documentation, and workload pressures, while leadership acknowledged that a single nurse was responsible for passing medications to roughly 40 residents within a limited time window and that MAR review was primarily done by the passing nurse and through monthly reports, with no routine MAR review by the pharmacy consultant.
Surveyors found that the facility’s most recent assessment of its 140-bed operation, including rehab, stepdown medically complex, and LTC dementia/chronic illness units, did not adequately specify how necessary resources are maintained for resident care. The assessment lacked a breakdown of bed capacity per unit and, under its staffing plan, only generally stated that staffing is based on census and acuity and reviewed each shift, with additional RNs scheduled for multiple admissions. It failed to identify contingency planning for non-emergency events that could affect direct care nurse staffing or other care resources, and it did not describe any plan to maximize recruitment and retention of direct care staff, resulting in a deficiency under 10NYCRR S415.26.
A resident with vascular dementia, behavioral disturbances, and dependence for transfers and toileting was sent to the hospital for suspected GI bleeding, with documentation indicating an unplanned hospital transfer and anticipated return. An IDT meeting held earlier did not document any discharge planning, and the resident’s care plan lacked a planned discharge. While the resident remained hospitalized, the facility issued a same-day discharge notice citing inability to meet needs and endangerment to others, based on interference from the resident’s guardians rather than documented resident behavior, and later did not accept the resident back after medical clearance. The medical record contained no IDT discharge plan and no subsequent nursing or social work notes, demonstrating a lack of documented discharge planning and coordination.
Failure to Respond to Pulse Oximetry Alarms for Tracheostomy-Dependent Resident
Penalty
Summary
The deficiency involves the facility’s failure to ensure that a resident requiring respiratory care and continuous pulse oximetry monitoring received services consistent with professional standards of practice and the resident’s care plan. The resident had spastic quadriplegic cerebral palsy, severe hypoxic ischemic encephalopathy, and chronic respiratory failure, was severely cognitively impaired, and was totally dependent on staff for all ADLs. The care plan and physician’s orders required mechanical ventilation with CPAP to tracheostomy collar overnight, humidified trach collar oxygen during the day, and maintenance of oxygen saturation above 92%, with pulse oximeter alarm parameters set to alert below 92%. The resident was equipped with a pulse oximeter linked to the Vocera alert system, which generated alarms at the bedside and on staff mobile devices when oxygen saturation fell outside ordered parameters. On the day of the incident, the resident’s oxygen saturation dropped to 84% at 8:58 AM, triggering an alert to the primary RN via the Patient Safe Solutions/Vocera system, followed by sequential escalation to the buddy RN, the charge RN, and the RT when not acknowledged. The Call Point Detailed Activity Report showed that an alert was sent to the primary RN at 8:58 AM, to the buddy RN at 8:59 AM, and to the charge RN and RT at 9:01 AM. The primary RN pressed “Accepted” on the device at 9:04 AM, and again when the system alerted at 9:17 AM and 9:18 AM, but did not go to the resident’s room to assess the resident and did not document any assessment or intervention. The buddy RN reported not recalling hearing the alert and stated they were administering medications and unaware of the resident’s distress until the rapid response was called. The charge RN acknowledged receiving the alert but did not respond timely, stating they expected the primary or buddy nurse to respond. The RT stated they received the alert but were busy with other residents and expected other staff to respond. From 8:58 AM to 9:23 AM, no assigned nurse or RT responded to the alarms or performed a clinical assessment of the resident, and the alarm cycle continued without intervention. At 9:23 AM, a second alert was triggered when the resident’s oxygen saturation dropped to 52%. An RN who was not assigned to the resident heard an alarm while passing the room, entered, and found the resident in a wheelchair, unresponsive with gray skin. This RN activated a rapid response/Code Blue, assisted in returning the resident to bed, and another RN began chest compressions. EMS was called and arrived at 9:44 AM; a pulse was briefly restored, and the resident was placed on a ventilator and transferred to the hospital, where they were determined to have no brain activity. Life support was later terminated and the resident expired. The facility’s own investigation concluded that nursing and respiratory staff failed to respond to alarms, failed to appropriately acknowledge and review alerts, failed to maintain accessibility to required communication devices, and failed to escalate when they were occupied or unable to respond, resulting in actual harm and Immediate Jeopardy to the resident and placing other monitored residents at risk.
Removal Plan
- Review camera footage, Patient Safe Solution phone verification notifications, and the pulse oximetry policy.
- Re-educate involved staff on pulse oximetry alarm response, notification handling, and escalation expectations.
- Send voice alarm presentation via email to all assistant nurse managers and assistant directors of nursing for review during evening and morning huddles.
- Ensure Vocera device functionality is reviewed and staff are instructed to keep devices accessible and operational.
- Have IT/MIS check and confirm monitoring equipment is functioning properly.
- Implement disciplinary action for staff involved.
- Discuss and initiate a root cause analysis.
- Review and revise the pulse oximetry policy.
- Provide leadership oversight.
- Implement an audit of alert response times.
Elopement of High-Risk Resident Through Disabled Stairwell Door Alarm
Penalty
Summary
The deficiency involves the facility’s failure to provide adequate supervision and maintain a safe environment for a resident with known exit-seeking behaviors and elopement risk. The resident had diagnoses of Parkinson’s disease, dementia with behavioral disturbances, and anxiety, and was assessed as having moderately impaired cognition. The resident’s MDS documented exit-seeking behaviors and daily use of a wander/elopement alarm, and the comprehensive care plan identified the resident as an elopement risk/wanderer related to disorientation to place, with an intervention for a wandering device on the ankle. A physician’s order also specified a wandering device to the right ankle with checks every shift. The 3rd floor North stairwell door alarm had been disabled by maintenance following a work order dated 07/02/2024. Maintenance and security staff attempted to address a wandering system alarm issue, and the alarm on the 3rd floor North stairwell door was turned off by removing a screw from the alarm box. A yellow plastic accordion-style barrier was placed in front of the door, and nursing staff were notified that the door was broken. However, the door itself remained accessible, and the alarm remained disabled for days prior to the elopement. Staff on the unit, including CNAs, were not all aware that the stairwell door was broken, and the door was not repaired until 07/17/2024. On the day of the incident, video footage showed the resident repeatedly exit-seeking at the 3rd floor North stairwell door over several hours. The resident moved the yellow barrier, wheeled around it, and closed it behind them. At one point, two unidentified staff observed the resident at the door, opened the barrier, and walked away without redirecting the resident. The footage documented multiple attempts by the resident to exit, including attempts to remove the wander alert bracelet and repeated efforts to push on the delayed egress bar with their leg and hands. Eventually, the resident stood from the wheelchair, pushed the crash bar, opened the door, and fell backwards into the stairwell while pulling the wheelchair through. The resident then maneuvered the wheelchair into the stairwell and exited the unit. Staff later discovered the resident missing, found the wheelchair in the stairwell, and the resident was ultimately located outside the building by a visitor and brought back inside by nursing and security. The DON’s investigation summary identified the root cause of the elopement as the 3rd floor North stairwell door alarm being disabled while the door remained broken and unsecured.
Removal Plan
- Resident #1 was placed on 15-minute safety checks and kept under line-of-sight supervision when outside of their room; continued with use of a wander alert device; and resided in a room adjacent to the nursing station for frequent observations.
- All staff were educated on the Elopement policy and what measures to take if a resident went missing, including a power point presentation and post-tests.
- All exit and stairwell doors in the facility on the 2nd and 3rd floors were repaired by an outside vendor.
Failure to Prevent Resident-to-Resident Physical Abuse in Lobby Elevator Area
Penalty
Summary
The deficiency involves the facility’s failure to protect a resident from physical abuse by another resident, despite a known history of aggressive behavior. One resident with paraplegia, mood disorder, major depressive disorder, and anxiety disorder had an established care plan noting potential for physical aggression and risk of being abused. Prior documentation showed that this resident had been involved in a physical altercation with another resident in June of the previous year, during which they reported being punched and stated they hit the other resident back. The care plan was updated at that time to reflect that the resident was abused by peers, with interventions including relocation as needed and a psychiatry referral, but later updates reflecting another resident-to-resident altercation did not include new interventions. On the day of the incident, video surveillance and witness statements documented that the aggressive resident and another resident were waiting at the elevator in the lobby, along with other residents. The second resident, who had diagnoses including schizophrenia and bipolar disorder, approached and stood next to the first resident’s wheelchair. The first resident was seen making hand gestures, then removed the left wheelchair armrest and used both hands to swing it toward the second resident. When the second resident reached toward the armrest, the first resident struck them on the forehead with the armrest, causing bleeding and resulting in a bump and small laceration. Staff arrived immediately after the assault and separated the residents, and the injured resident was later assessed and transferred to the hospital for evaluation. Interviews conducted after the event revealed differing accounts of the interaction leading up to the assault. The first resident reported that the second resident had previously used a racial epithet toward them and, on the day of the incident, again stood close, touched their shoulder, and repeated the racial epithet, prompting them to remove the armrest and strike the other resident. The second resident stated they were standing at the elevator, heard the first resident saying something, ignored it, and were then struck without warning. A security guard reported hearing the first resident tell the second resident not to stand close and to stop touching them, then observed the first resident swinging the armrest and hitting the second resident. Facility staff, including the RN Supervisor and DON, acknowledged that the incident occurred off the unit, that the aggressive resident had a history of verbal and physical abusive behavior toward staff, and that this was the first documented physical altercation between these two specific residents. Despite prior behavioral incidents and care plan documentation of aggression risk, the resident was on 30‑minute checks and was able to access and weaponize a removable wheelchair armrest in a common area, resulting in physical abuse of another resident.
Failure to Timely Respond to Oxygen Alarm and Report Suspected Neglect
Penalty
Summary
Facility staff failed to immediately report an alleged incident of neglect involving a resident who was dependent on respiratory support and continuous monitoring. The resident had spastic quadriplegic cerebral palsy, severe hypoxic ischemic encephalopathy, chronic respiratory failure, was severely cognitively impaired, and totally dependent on staff for all ADLs. On the date of the incident at 8:58 AM, the resident’s alert alarm indicated decreasing oxygen levels, but nursing and respiratory staff did not respond to the alarm or assess the resident in a timely manner, in deviation from the facility’s pulse oximetry escalation pathway and alarm response procedures. The resident was later found unresponsive with gray skin, and a Code Blue was initiated. CPR was started, and the resident was transferred to the hospital, where they were determined to have no brain activity; life support was later terminated and the resident expired. Although the facility’s policy required that alleged or suspected violations involving mistreatment, neglect, or other reportable events be reported to the State Survey Agency and other appropriate authorities no later than 2 hours after forming the suspicion if serious bodily injury occurred, or within 24 hours otherwise, the incident was not reported in accordance with these time frames. The incident occurred on one date, the Administrator was not notified until a later date, and the New York State Department of Health was not notified until four days after the event. The DON stated they were unaware that staff had failed to respond to the alerts until reviewing the alert system report and interviewing staff, and also stated they were unaware the incident should have been reported to the Department of Health, while the Administrator confirmed they had not been notified of the Code Blue on the day it occurred.
Failure to Inform Residents of Grievance Process and Document Grievances and Resolutions
Penalty
Summary
The facility failed to ensure residents were informed about the grievance process and that grievances were documented and tracked in accordance with its grievance policy. The Social Services/Admissions Coordinator, identified as the Grievance Officer, reported that while they interviewed residents and emailed Administration about complaints they could not resolve, they were unable to provide a grievance log or grievance forms. During resident council, multiple residents stated they voiced concerns in the meeting but did not know how to file grievances outside of that setting, and there was no documented evidence listing grievances or the facility’s responses. The DON stated that grievances should be monitored by Social Services with documentation of the nature of the complaint and the resolution, but acknowledged that the process was informal, dependent on circumstances, and not completely clear, with no forms or documentation used to track grievance progress and resolution. For one resident reviewed for care planning, the facility did not consistently address and document multiple grievances raised by the resident’s representative. This resident had diagnoses including cerebral infarction, occlusion and stenosis of the left carotid artery, and myocardial infarction, with the admission MDS indicating moderately impaired cognition and involvement of the resident and family in assessment and goal setting. The representative reported numerous concerns regarding miscommunication between nursing and rehabilitation, discharge planning, appointment scheduling, call bell response time, personal property, resident preferences, nutrition, and proper diet, all of which were communicated to Administration via email and paper copies. Although a family meeting was held to discuss these concerns, the Social Services/Admissions Coordinator and the DON confirmed there was no documented evidence of how each grievance was addressed or resolved, and that most concerns were handled verbally without formal documentation or investigation of every complaint.
Failure to Provide Timely Toileting Assistance and Call Bell Response
Penalty
Summary
Surveyors identified a deficiency in the facility’s failure to provide necessary assistance with toileting and timely response to call bells for residents who were unable to perform activities of daily living independently. Facility policy on Activities of Daily Living required that residents receive appropriate treatment and services to maintain or improve their ability to carry out ADLs, including elimination and toileting, and the facility’s No Pass policy required all staff to respond to call lights and obtain help if they could not provide it themselves. Despite these policies, multiple observations, interviews, and record reviews showed that residents did not consistently receive timely toileting care or call bell responses. One resident with Parkinson’s disease, dementia, heart disease, severely impaired cognition, and total dependence on staff for toileting and hygiene was care planned to be checked for incontinence and changed as needed, and to have toileting needs anticipated every two hours with assistance to the toilet. Kardex instructions for several months reiterated two-hour toileting checks and assistance, and CNA documentation reports for January through March showed numerous missing entries for toileting and two-hour checks across multiple shifts. A nursing home investigative report documented that a family member found this resident with urine-saturated clothing and wheelchair cushion in the afternoon, and the Administrator confirmed the saturation. The CNA identified as responsible for ADLs and accountability tasks for that shift stated they did not change the resident at all during the eight-hour shift, did not perform end-of-day care, and did not inform anyone that they were unable to care for the resident, and also stated they did not check on the resident until late morning. There was conflicting documentation on the assignment sheet, and another CNA reported that the resident was checked every two hours and could indicate when cleaning was needed, while a second family member reported having observed a strong urine smell on three Sunday visits in recent months, which staff addressed when notified. Another resident with a history of stroke and myocardial infarction, and moderately impaired cognition, required maximal assistance with toileting and moderate assistance with bathing and dressing. During one observation, this resident’s call bell was ringing, and the resident reported having waited a long time for care and stated they had been waiting since early morning; staff did not respond until several minutes after the surveyor’s observation began, at which time morning care was provided. On another day, the shared room call bell was ringing while two residents in the room reported they were still in bed, unwashed, undressed, and waiting to get out of bed, stating they had been waiting about half an hour; staff arrived to assist approximately 18 minutes after the surveyor’s initial observation. The resident’s representative reported multiple episodes when call bell response times exceeded one hour and had communicated these concerns to staff. The DON stated that call bells should be responded to when heard and that 30–60 minutes was not acceptable, but also indicated that response time depended on staffing. Additional evidence of delayed call bell response and unmet toileting needs came from Resident Council minutes, call bell audits, and direct observations. Resident Council minutes over several months documented ongoing resident reports that call bell wait times were “on the longer side” and “too long,” and that more nursing staff were needed, particularly on weekends when residents reported only three CNAs were often scheduled. Facility call bell audits conducted in response to complaints documented 23 observations, including one call bell active for 45 minutes and another for 15 minutes in the same room. During one observation, a room call bell rang for at least 14 minutes while multiple staff, including a CNA, a medication nurse, a social work/admissions coordinator, and a unit clerk, passed the room without entering; when the CNA finally entered, the resident requested a bedpan and the CNA left and did not return with the bedpan for another 10 minutes. In another observation, a room call bell rang for at least 27 minutes while a medication nurse, social work/administration staff, and a unit clerk were present in the hallway or nearby but did not respond to the bell. A spouse reported receiving at least 10 overnight phone calls from a resident asking them to call the nurses’ station because no one was responding to the call bell, and also reported that it took a long time for the nurses’ station to answer the phone.
Failure to Implement Effective Infection Surveillance and Outbreak Reporting
Penalty
Summary
The deficiency involves the facility’s failure to maintain and implement an effective infection prevention and control program during a norovirus outbreak and in its ongoing surveillance activities. During a norovirus gastroenteritis outbreak, the facility identified multiple residents with gastrointestinal illness on two units, as documented on an infection control tracking sheet for a single date. The facility’s policy on routine infection control surveillance required ongoing assessment of all residents for changes in symptoms or conditions indicative of infection, but surveillance tracking was only completed for one day and was not continued or updated with symptoms or management throughout the outbreak. The DON and the Infection Preventionist (IP) both acknowledged that surveillance tracking sheets should have been completed daily during the outbreak and that they did not know why this was not done. The facility also did not comply with state reporting requirements related to the outbreak. After the cluster of gastrointestinal illness cases was identified, the NYSDOH sent an email to the DON stating that submission of a Nosocomial Outbreak Reporting Application report was required for a single case of a reportable pathogen in a nursing home resident or a cluster of cases above baseline. The DON stated they were aware of this email but confirmed that the requested outbreak report was never submitted to NYSDOH. The DON further stated that NYSDOH should have been contacted immediately when the outbreak was discovered, and that they were not the DON at the time and did not know why the previous DON failed to submit the report. In addition to the outbreak-related issues, the facility’s ongoing infection surveillance line lists for several months were incomplete. The Infection Control Line List for January, February, and March documented residents on antibiotic therapy for various infections, including wound infections, respiratory infections, urinary tract infections, bacteremia, and Clostridium difficile. However, these line lists lacked documentation of infection signs and symptoms, diagnostic tests and laboratory results, the type of precautions used, and any indication of outbreak potential. During interview, the IP confirmed that they used the line list for surveillance and monitoring of residents with infections and on antibiotics, but acknowledged that the lists did not include the required clinical details and precautions. The DON also stated that the IP was responsible for ensuring surveillance included signs and symptoms, diagnostic tests with results, and precautions to prevent outbreaks.
Incomplete and Inaccurate Medication Administration Documentation for a Resident
Penalty
Summary
The deficiency involves the facility’s failure to maintain complete and accurately documented medical records in accordance with accepted professional standards for one resident. For this cognitively intact resident with essential hypertension, adjustment disorder with mixed anxiety and depressed mood, major depressive disorder, and dementia, standing medication orders included multiple daily and twice-daily medications such as antihypertensives, antidepressants, an anticoagulant, a diuretic, an antianginal patch, an inhaler, and other agents. The facility’s medication administration policy required that medications be administered in accordance with physician orders, that documentation of administration be completed on the computer immediately after administration with the nurse’s initials at the corresponding date and time, and that at the end of each shift the medication nurse review the MAR, 24‑hour report, and nurses’ notes to ensure documentation is accurate and complete. Record review of the medication administration audit report for multiple dates in December 2024 showed discrepancies between the scheduled 9:00 a.m. administration times and the times documented as administered for this resident’s medications. On thirteen separate dates, all medications scheduled for 9:00 a.m. were documented as being administered after 12:00 p.m. but before 1:00 p.m. when a particular RN was passing medications to this resident. These documented times did not align with the scheduled administration time and were inconsistent with the policy requirement that medications be given at the right time and documented immediately after administration. The pattern of late documentation occurred on each of the identified dates when that RN was responsible for the medication pass for this resident. In interviews, the RN who administered the medications stated that the resident received most medications at 9:00 a.m. and some at 5:00 p.m., and described issues such as the computer timing out after about 10 minutes, logging the nurse out, and situations where medications might have been given earlier but not clicked off in the system. The RN reported that the documented times (for example, showing around 12:00 p.m.) might not be accurate, could reflect late documentation, and could be affected by computer glitches, but could not recall specific details from the December dates. The Assistant DON reported that one nurse on the unit was responsible for administering medications to approximately 38–40 residents, that the incoming nurse’s start of shift included a narcotic count and report that delayed the start of the medication pass to about 8:30 a.m., and that this left about two minutes per resident to complete the pass by 10:00 a.m. The Administrator stated that their expectation was that nurses review the MAR at the end of the shift and that unit managers run a monthly report, while the Pharmacy Consultant stated they did not review MARs and assumed nursing conducted internal auditing. These practices and conditions contributed to incomplete and inaccurate medication administration documentation for the resident on the identified dates.
Inadequate Facility-Wide Assessment of Resources and Staffing Contingency Planning
Penalty
Summary
The deficiency involves the facility’s failure to conduct and document an adequate facility-wide assessment that determines what resources are necessary to care for residents competently during day-to-day operations and emergencies. During an Abbreviated Survey, record review of the most recent facility assessment, dated on an unspecified date and reviewed by the QAPI Committee on 09/04/2025, showed that the assessment did not sufficiently identify how the facility maintains necessary resources for resident care. The assessment described the facility as a 140-bed SNF with four nursing units (one rehabilitation unit, one stepdown medically complex unit, and two LTC units for residents with dementia and other chronic illnesses), but it did not provide a breakdown of bed capacity per unit. Under the staffing plan section, the assessment stated that staffing is based on resident census and acuity, is reviewed prior to each shift, and that the facility intends to assign the same staff to units and schedule additional RNs for multiple admissions. However, the assessment did not adequately identify contingency planning for events that do not trigger the formal emergency plan but could still affect resident care, such as issues with availability of direct care nurse staffing or other needed resources. Additionally, the assessment did not identify how the facility develops or maintains a plan to maximize recruitment and retention of direct care staff, as required by 10NYCRR S415.26.
Failure to Provide Appropriate Discharge Planning and Readmission for Hospitalized Resident
Penalty
Summary
Surveyors identified that the facility failed to ensure an appropriate discharge plan for one resident who was hospitalized for a suspected gastrointestinal bleed. The resident had vascular dementia with behavioral disturbances, sequelae of cerebral infarction, constipation, and atrial fibrillation, and was dependent for toileting and transfers with documented verbal and physical behaviors toward others. After the resident vomited coffee-ground emesis, the physician ordered a transfer to the hospital emergency department to rule out a GI bleed, and the discharge MDS reflected an unplanned discharge to a short-term general hospital with return anticipated. An interdisciplinary care plan meeting held prior to the hospitalization included multiple disciplines, the resident’s companion, and two guardians, but there was no documentation that discharge planning was discussed, and the resident’s care plan contained no evidence of a planned discharge. While the resident was in the hospital, the facility issued a same-day Transfer/Discharge Notice stating that the IDT had determined the resident would be discharged that day, citing that the resident’s needs could not be met after reasonable accommodation and that the safety and health of individuals in the facility would be endangered. The notice identified interference from the resident’s two guardians as the evidence supporting these reasons, but there was no documentation that the resident personally endangered the health or safety of others. The notice included information about the right to appeal the discharge, and the discharge was appealed. When the resident was medically cleared to return, the facility did not accept the resident back. Review of the electronic medical record showed no documented IDT discharge plan and no nursing progress notes after the date of hospital transfer, and no social work progress notes after that time, indicating a lack of documented planning and coordination related to the discharge decision.
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