The Commons On St Anthony, A S N F & Short T R C
Inspection history, citations, penalties and survey trends for this long-term care facility in Auburn, New York.
- Location
- 3 St Anthony Street, Auburn, New York 13021
- CMS Provider Number
- 335382
- Inspections on file
- 19
- Latest survey
- November 1, 2024
- Citations (last 12 mo.)
- 0
Citation history
Health deficiencies cited at The Commons On St Anthony, A S N F & Short T R C during CMS and state inspections, most recent first.
Two residents with intact cognition did not receive personal fund statements within the required timeframe, as per facility policy. One resident had not received a statement since admission, and another's family had to request balances quarterly. The facility's process for distributing statements was inconsistent, with statements being sent to a social worker instead of directly to residents or families, leading to a failure in providing timely financial information.
A facility failed to implement a comprehensive care plan for a resident with dementia and muscle weakness, who was observed without necessary footrests and lateral supports in their scoot chair. Despite care plan interventions requiring repositioning and support, staff did not consistently adhere to these measures, leading to the resident being improperly positioned. Interviews revealed a lack of documentation and consistent practice in repositioning the resident, contributing to the deficiency.
A resident requiring hemodialysis did not receive proper assessments and monitoring before and after treatments, and there was inconsistent communication between the dialysis center and the facility. The resident, who had end-stage renal disease and diabetes, often did not complete treatments due to discomfort from a mechanical lift pad, and staff failed to notify medical personnel. Additionally, the resident did not receive a necessary bagged lunch to manage their diabetes, and documentation errors were noted regarding the resident's vascular access.
The facility did not post daily nurse staffing information, including the resident census and staff hours, in a location accessible to residents and visitors. The information was placed on a door down a hallway, not easily accessible, and lacked the daily census on one occasion. Staff were unaware of the requirement for accessibility.
A resident with epilepsy missed 24 out of 26 doses of levetiracetam, a seizure medication, due to inadequate documentation and communication at the LTC facility. The medication was not administered on dialysis days as ordered, and staff failed to notify medical personnel of the missed doses.
The facility failed to maintain an effective infection prevention and control program, with deficiencies observed in PPE use and urinary drainage bag management. A staff member did not adhere to PPE protocols while cleaning a COVID-19 positive resident's room, risking virus spread. Additionally, two residents' urinary drainage bags were improperly stored, with one bag lacking a protective cap and another resting on the floor, contrary to infection control guidelines.
A facility failed to maintain resident dignity and privacy by posting personal care information visibly in a resident's room and using misleading 'out of order' signs on elevators to deter cognitively impaired residents. The resident's care instructions were improperly displayed, and the elevator signs confused visitors and residents, contradicting the facility's dignity policy.
A facility restricted a resident's family member from visiting late at night based on the healthcare proxy's wishes, despite the resident's ability to express needs and no documented concerns from the resident. The facility's visitation policy allowed 24/7 access, but inconsistencies in enforcement led to the restriction, even though the resident was at the end of life and valued family visits.
Two residents in an LTC facility did not receive appropriate care and follow-up. One resident with bilateral above-the-knee amputations did not have timely follow-up on a prosthetics referral, while another resident experienced an emotionally distressing event that was not addressed promptly. The facility's failure to document and act on these issues highlights deficiencies in their care processes.
A resident with a history of UTIs and antibiotic resistance was observed with a leg bag improperly positioned, contrary to facility policy, leading to a deficiency in preventing UTIs. Staff interviews revealed non-compliance with catheter care protocols, contributing to the resident's recurrent infections and hospitalizations.
A resident with heart disease and hypertension did not receive the RSV vaccine timely after it was ordered in 2023 and 2024. The facility's policy required vaccine administration with consent, but there was no evidence of administration in 2023, and it was delayed in 2024. Staff interviews revealed a lack of communication and tracking, leading to the vaccine order falling through the cracks.
The facility did not maintain a surety bond sufficient to cover the total resident funds deposited, affecting 239 residents. The bond was for $250,000, while resident funds ranged from $286,256.24 to $309,980.04. Staff interviews revealed a lack of awareness and oversight regarding the bond coverage and account balances.
The facility failed to ensure residents' rights to receive mail were maintained, as mail was not delivered on Saturdays and some residents reported their mail was opened before delivery. Staff interviews revealed inconsistencies in the mail delivery process, with social workers responsible for distribution not working on weekends, leading to delays and privacy violations.
Failure to Provide Timely Personal Fund Statements
Penalty
Summary
The facility failed to provide two residents with personal fund statements within 30 days after the end of the quarter and upon request, as required by their policy. Resident #93, who has Parkinson's Disease and intact cognition, and Resident #198, who has Sjogren syndrome and intact cognition, were both affected. Resident #198 reported not receiving a statement since admission, approximately 8-9 months ago, and was only given an account balance upon request. Resident #93's family member also reported not receiving statements and having to ask for a balance quarterly. The facility's policy stated that resident fund statements should be delivered quarterly and be available upon request during banking hours. However, discrepancies were noted in the distribution process, with statements for Residents #93 and #198 being sent to a social worker instead of directly to the residents or their families. Financial Associate #5 and Accounting Manager #4 were involved in the process, but there was confusion about who was responsible for ensuring statements were distributed. Social Worker #16 admitted to not handing statements to the affected residents, indicating a breakdown in communication and procedure adherence.
Failure to Implement Comprehensive Care Plan for Resident
Penalty
Summary
The facility failed to develop and implement a comprehensive person-centered care plan for Resident #20, who was observed without necessary footrests and lateral supports while in their scoot chair. The resident, diagnosed with dementia, abnormal posture, and muscle weakness, was dependent on staff for activities of daily living and used a wheelchair. The care plan, revised in October 2024, included interventions such as using footrests and bilateral lateral supports in the scoot chair, which were not consistently implemented. Observations during the survey revealed multiple instances where Resident #20 was leaning forward or to the side in their scoot chair without proper support, indicating a lack of adherence to the care plan. Staff interviews confirmed that the resident was supposed to be repositioned every two hours, but this was not documented or consistently practiced. The resident's family expressed concerns about the resident's positioning, and staff acknowledged the absence of necessary supports and the failure to reposition the resident as required. The Occupational Therapist noted that the resident required total assistance with positioning and that the lateral supports were not in place during the survey. The Registered Nurse Manager admitted to seeing the resident in improper positions and not taking corrective action. The facility's failure to ensure the implementation of the care plan and proper documentation led to the deficiency identified during the survey.
Inadequate Dialysis Care and Communication for a Resident
Penalty
Summary
The facility failed to provide adequate dialysis care and services for Resident #152, who required hemodialysis treatments at a community-based dialysis center. The resident did not receive ongoing assessments of their condition and monitoring for complications before and after dialysis treatments. There was inconsistent communication and collaboration between the dialysis center and the facility, as evidenced by incomplete or missing documentation in the dialysis communication book. Additionally, the resident did not receive a bagged lunch prior to attending dialysis, which was necessary to manage their diabetes and prevent low blood sugar levels. Resident #152, who had diagnoses including end-stage renal disease, diabetes, and hemiplegia following a stroke, frequently did not complete dialysis treatments due to discomfort from a mechanical lift pad left under them in their wheelchair. Despite the resident's complaints of discomfort and the presence of a sore on their buttocks, staff did not notify medical personnel or make necessary adjustments to alleviate the discomfort. The facility's policy required that the resident's vascular access site be examined and assessed, but there were multiple instances where this was not documented, and staff incorrectly documented the presence of a permacath, which the resident did not have. Interviews with facility staff revealed a lack of awareness and communication regarding the resident's needs and the issues affecting their dialysis treatments. The Assistant Director of Nursing/Interim Nurse Manager and other staff members were not aware of the resident's discomfort or the incomplete dialysis treatments. The facility's failure to ensure proper communication, assessment, and care for Resident #152 led to deficiencies in the provision of dialysis services, which are critical for managing the resident's health conditions.
Failure to Post Nurse Staffing Information in Accessible Location
Penalty
Summary
The facility failed to post daily nurse staffing information, including the current resident census and the total number of hours worked by licensed and unlicensed nursing staff, in a location that was readily accessible to residents and visitors. During the recertification survey conducted from 10/28/2024 to 11/1/2024, it was observed that the staffing information was posted on the nursing Supervisor/Staffing office door, which was located down a hallway off the main lobby, making it not easily accessible to visitors and residents. This issue was noted for all five days of the survey period, and on 11/1/2024, the posted information did not include the daily census. Interviews with facility staff revealed a lack of awareness regarding the requirement for the nurse staffing information to be posted in a readily accessible location. The Staffing Supervisor stated that they were responsible for overseeing the staffing department and ensuring the schedules were posted, but they were not aware that the location was not accessible to visitors and residents. The Director of Nursing also acknowledged the requirement but believed the current posting location was sufficient, as visitors and residents might pass by the area to use the bathroom or go to the bank. There was no documented facility policy on nurse staffing posting requirements, contributing to the deficiency.
Failure to Administer Seizure Medication on Dialysis Days
Penalty
Summary
The facility failed to ensure that a resident was free from significant medication errors, specifically concerning the administration of levetiracetam, a medication used to treat seizures. The resident, who had a history of epilepsy and required dialysis, was prescribed an additional dose of levetiracetam to be administered on dialysis days. However, the resident missed 24 out of 26 doses of this medication over a two-month period. The facility's policy on medication administration did not adequately address the documentation required when a resident was out of the building during scheduled medication times, contributing to the oversight. The Medication Administration Record indicated that the resident was frequently marked as "absent from home without medications" on dialysis days, and there was no documentation of the medication being administered after dialysis as ordered. Interviews with staff revealed a lack of communication and understanding regarding the importance of the medication and the need to notify medical personnel of missed doses. The LPN responsible for the resident did not relay information about the missed doses to the next shift, and the Assistant Director of Nursing was unaware of the missed doses until the survey. The Physician Assistant, who was responsible for the resident's care, was not informed of the missed doses and expressed surprise at the lack of administration. Despite the resident not experiencing another seizure since returning from the hospital, the failure to administer the medication as ordered was a significant oversight. The facility's failure to adjust the medication administration time to accommodate the resident's dialysis schedule further contributed to the deficiency.
Infection Control Deficiencies in PPE Use and Urinary Bag Management
Penalty
Summary
The facility failed to maintain an effective infection prevention and control program, as evidenced by multiple deficiencies observed during the recertification survey. One significant issue involved a staff member, Cycle Cleaner #1, who did not adhere to the required personal protective equipment (PPE) protocols while cleaning the room of a COVID-19 positive resident. The cleaner was observed entering and exiting the room without wearing gloves or eye protection, and failed to perform hand hygiene after removing their gown. This non-compliance with PPE protocols posed a risk of spreading COVID-19 within the facility. Additionally, the facility did not ensure proper storage and maintenance of urinary drainage bags for two residents. Resident #238's urinary drainage bag was observed hanging in the bathroom without a protective cap on the connection port, and with brown material smeared on the back of the bag. The facility's policy required the use of a cap to prevent contamination, but staff interviews revealed a lack of awareness and adherence to this protocol. Similarly, Resident #52's urinary drainage bag was repeatedly observed resting directly on the floor, contrary to infection control guidelines that mandate keeping the bag off the floor to prevent contamination. These deficiencies highlight a lack of adherence to established infection control policies and procedures, which are critical in preventing the transmission of infections within the facility. The failure to follow proper PPE protocols and ensure the sanitary storage of urinary drainage bags indicates a need for improved staff training and oversight in infection prevention practices.
Dignity and Privacy Violations in Resident Care and Facility Practices
Penalty
Summary
The facility failed to ensure the dignity and privacy of Resident #196 by posting personal care information in a visible area within the resident's room. The resident, who had severe cognitive impairment and was diagnosed with dementia and chronic obstructive pulmonary disease, had a sign on the outside of their closet door indicating specific personal care instructions. This sign was visible to other residents and visitors, which was against the facility's policy that required such information to be discreetly posted inside the closet door. Interviews with staff revealed that the sign was intended as a reminder to prevent the use of briefs, which caused the resident to develop a rash, but staff acknowledged that the visible posting was not dignified. Additionally, the facility used misleading signs on elevators across Units 3, 5, and 6, indicating that the elevators were out of order. These signs were intended to deter cognitively impaired residents from using the elevators, but the elevators were actually functional. The Director of Nursing and other staff members confirmed that the signs were used to prevent confused residents from accessing the elevators, but they did not inform visitors about the true purpose of the signs unless asked. This practice was acknowledged by some staff as potentially confusing and undignified for both residents and visitors. The facility's actions in both instances failed to uphold the residents' rights to a dignified existence and privacy. The visible posting of personal care information and the misleading elevator signs were not in line with the facility's policy on dignity and respect, which emphasized treating residents in a manner that promotes their well-being and self-esteem. Staff interviews highlighted a lack of adherence to these policies, resulting in the identified deficiencies during the survey.
Violation of Resident's Visitation Rights
Penalty
Summary
The facility failed to honor a resident's right to receive visitors of their choosing at any time, as required by their visitation policy. The policy allowed residents to have visitors 24/7, subject to the resident's wishes and the protection of other residents' rights. However, the facility restricted a resident's family member from visiting late at night based on the healthcare proxy's wishes, despite the resident's ability to make basic needs known and no documented concerns from the resident about the visits. The resident in question had severe cognitive impairment but was usually able to understand others and express their needs. The resident's care plan emphasized the importance of family involvement, and the resident's preferred activities included visiting with family. Despite this, the facility restricted the resident's adult child from visiting late at night, citing the healthcare proxy's agreement and the discomfort expressed by the resident's roommate. The facility did not document any follow-up with the adult child regarding their request to visit at night, especially given the resident's end-of-life status. Interviews with facility staff revealed inconsistencies in the enforcement of visitation policies. The Social Worker and Administrator acknowledged the facility's doors were locked at night but stated visitors could be allowed for special reasons, such as end-of-life situations. The Social Services Director indicated that the facility did not have set visiting hours and that restrictions should not be based solely on a healthcare proxy's wishes. Despite these statements, the facility restricted the resident's adult child's visits, even though there were no concerns about the adult child being harmful or disruptive during visits.
Deficiencies in Resident Care and Follow-Up
Penalty
Summary
The facility failed to ensure that residents received treatment and care in accordance with professional standards of practice, as evidenced by deficiencies found during a recertification and abbreviated survey. Specifically, Resident #232, who had bilateral above-the-knee amputations, did not receive timely follow-up on a prosthetics referral. Despite the vascular surgery consultation indicating that the amputation sites were healed and a referral to the prosthetics department was made, there was no documented evidence of an appointment or follow-up communication. Interviews revealed that the unit secretaries were unaware of the referral, and the Registered Nurse Manager acknowledged that the follow-up should have occurred within a couple of weeks. Additionally, Resident #1 experienced an emotionally distressing event that was not addressed in a timely manner. The resident, who had diagnoses including anxiety disorder and cerebral palsy, was startled by a loud noise and flash of light caused by the movement of their bed. Although the resident expressed fear and distress, there was no documented nursing progress note or incident report addressing the event. The resident's representative informed the social worker about the incident a week later, who then updated the care plan. However, the social worker confirmed that they were not immediately notified, and no progress note was written at the time of the incident. The Director of Nursing stated that an incident report was not deemed necessary as the resident was not physically hurt, but acknowledged that emotional distress should have been documented and addressed. The lack of timely follow-up and documentation for both residents highlights a failure in the facility's processes to ensure residents' needs and rights are met, as per their policies on consultation follow-up and adverse incidents.
Improper Catheter Care Leads to Deficiency
Penalty
Summary
The facility failed to provide appropriate care for a resident with an indwelling catheter, leading to a deficiency in preventing urinary tract infections. The resident, who had a history of urinary tract infections and resistance to multiple antibiotics, was observed with a leg bag attached to their upper thigh while lying flat in bed and sitting in a wheelchair. This positioning did not allow for gravitational flow of urine, contrary to the facility's policy that required urinary drainage bags to be positioned below the level of the bladder to prevent urine backflow. Interviews with staff revealed a lack of adherence to the facility's policies regarding catheter care. Certified Nurse Aide #47 and Licensed Practical Nurse #49 indicated that leg bags were used for residents who walked, but Resident #238, who had limited mobility, was using a leg bag while in bed and in a wheelchair. The improper positioning of the leg bag was acknowledged by the Infection Preventionist and the Registered Nurse Unit Manager, who confirmed that the incorrect positioning could lead to urine stagnation and infection. The resident had experienced multiple urinary tract infections, some leading to hospitalizations for sepsis.
Failure to Administer RSV Vaccine Timely
Penalty
Summary
The facility failed to ensure that routine and emergency drugs and biologicals were provided to a resident, specifically the respiratory syncytial virus (RSV) vaccine. The resident, who had diagnoses including heart disease, hypertension, and allergic rhinitis, was not administered the RSV vaccine timely after it was ordered in both 2023 and 2024. The facility's policy required that immunization records be reviewed upon admission and that vaccines be offered and administered with consent. However, there was no documented evidence that the vaccine was administered as ordered in 2023, and it was delayed in 2024. Interviews with various staff members revealed a lack of clarity and communication regarding the administration of the vaccine. Licensed Practical Nurses (LPNs) and the Assistant Director of Nursing indicated that vaccines were supposed to be administered within a three-day window, and if not given, they would fall off the Medication Administration Record (MAR) and need to be reordered. The Infection Control Nurse was responsible for obtaining consents and entering orders, but there was no tracking of the RSV vaccine in 2023, leading to it being overlooked. The resident's representative was not informed of the missed vaccine in 2023 until contacted by the Infection Control Nurse in 2024. The Nurse Practitioner, who signed off on the orders, was not notified that the vaccine was not administered as ordered. The lack of administration was attributed to the vaccine order falling through the cracks, and the facility did not have a system in place to ensure follow-up on missed vaccinations, which contributed to the deficiency.
Inadequate Surety Bond Coverage for Resident Funds
Penalty
Summary
The facility failed to ensure that a surety bond was purchased in an amount equal to or greater than the total resident funds deposited with the facility, affecting 239 out of 296 residents with personal funds accounts. The facility's surety bond was for $250,000, which was less than the total amount of resident personal fund accounts held by the facility at various times, with balances ranging from $286,256.24 to $309,980.04. The facility's policy on resident funds did not include a documented policy regarding the surety bond for resident funds. Interviews with facility staff revealed a lack of awareness and oversight regarding the surety bond coverage. The Financial Associate and Accounting Manager were not aware of the exact coverage amount, and the Chief Operating Officer admitted to not knowing the consistent balance of the resident accounts. The Corporate Treasurer, responsible for managing the company's banking relationships and insurance aspects, was unaware of the requirement to regularly check that the Resident Funds Account total did not exceed the surety bond. This oversight led to the deficiency noted in the survey.
Mail Delivery and Privacy Deficiency
Penalty
Summary
The facility failed to ensure residents' rights to receive mail were maintained, affecting all 296 residents. During the recertification survey, it was found that mail was not delivered to residents on Saturdays, as social workers, who were responsible for mail distribution, did not work on weekends. This resulted in residents having to wait until Monday to receive their mail, which is a violation of their rights. Additionally, some residents reported that their mail was opened before being delivered to them, further infringing on their rights to privacy. Interviews with staff revealed inconsistencies in the mail delivery process. Certified Nurse Aides were unaware of the mail distribution process, and there was confusion about who was responsible for delivering mail on weekends. The front desk staff sorted mail by floor, and social workers were supposed to deliver it. However, on Saturdays, the nursing supervisor was tasked with delivering personal mail, while other mail was held until Monday. The Director of Social Work acknowledged that residents should receive their mail on Saturdays and that the current process was unfair, as it denied residents the same rights as other citizens.
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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