The Villages Of Orleans Health And Rehab Center
Inspection history, citations, penalties and survey trends for this long-term care facility in Albion, New York.
- Location
- 14012 Route 31, Albion, New York 14411
- CMS Provider Number
- 335212
- Inspections on file
- 29
- Latest survey
- November 17, 2025
- Citations (last 12 mo.)
- 1
Citation history
Health deficiencies cited at The Villages Of Orleans Health And Rehab Center during CMS and state inspections, most recent first.
A resident with moderate cognitive impairment and a history of elopement risk had their wander guard discontinued without additional care plan interventions or increased monitoring. Despite ongoing exit-seeking behavior, no new safety measures were implemented, and the resident was later taken out of the facility by a housekeeper without proper authorization or sign-out, resulting in the resident being transported to their responsible party's home.
The facility failed to maintain a safe and comfortable environment, with temperatures in the Orchard View unit and [NAME] View South shower room consistently below the required range. Residents and staff reported feeling cold, and the [NAME] View North nurse's station was in disrepair, with broken doors and damaged furniture. Staff expressed dissatisfaction with the environment, noting it was not homelike or sanitary.
The facility failed to maintain a safe environment and provide adequate supervision, leading to potential hazards from hot electric fireplaces, an elopement incident involving a cognitively impaired resident, and improper use of safety devices for residents. Staff were not adequately trained on the risks associated with these issues, and care plans were not consistently followed, resulting in multiple deficiencies.
A resident with severe cognitive impairment received a COVID-19 vaccine despite their representative's verbal declination. The error occurred due to a miscommunication and procedural oversight, where the Assistant Director of Nursing mistakenly added the resident to a list for vaccination, which was used by an RN to administer the vaccine without verifying consent. Facility staff acknowledged the mistake, confirming the resident's rights were not honored.
A resident with cognitive impairments was subjected to a position change alarm without proper assessment or documented rationale. Observations showed frequent alarm activation without unsafe movements. Staff interviews revealed a lack of awareness of alternative interventions and no documentation of assessment for the alarm's use, leading to a deficiency in compliance with facility policy.
A resident reported an allegation of sexual abuse by a male aide, which was not reported to the Department of Health within the required timeframe. The Director of Nursing was informed but did not report the incident, citing insufficient evidence. Interviews with staff revealed a lack of adherence to the facility's abuse reporting policy.
The facility failed to conduct thorough investigations into allegations of abuse and an unexplained injury for two residents. A resident reported sexual abuse by a male aide, but the investigation lacked documentation and interviews. Another resident sustained a femur fracture, but not all staff were interviewed, and inconsistencies were found in statements. The facility did not meet regulatory requirements for investigating these incidents.
The facility failed to provide permanently affixed compartments for controlled drugs in two medication rooms. Controlled drugs were stored in a locked metal box inside a refrigerator that was not affixed to the wall or countertop, involving several residents. The lack of proper storage increased the risk for diversion, as acknowledged by LPNs and the Pharmacy Manager. The Director of Nursing was aware of the issue, but it had not been previously identified during pharmacy visits.
The facility was cited for deficiencies in food storage and preparation, including unlabeled and outdated food, improper storage of coffee mugs, and staff not wearing proper beard guards. Additionally, the facility failed to follow manufacturer's directions for preparing a texture-modified bread mix, resulting in a gritty texture for pureed hot dogs served to residents requiring a pureed diet.
The facility failed to implement Enhanced Barrier Precautions for two residents, one with a sacral pressure ulcer and another with a foley catheter. Staff did not use appropriate PPE during care activities, despite the presence of drainage and the need for infection control. Interviews revealed inconsistencies in understanding and applying EBP protocols.
The facility did not conduct annual performance reviews for CNAs, as required. Three CNAs, employed for over a year, lacked documented evaluations. The DON and Administrator acknowledged the absence of a structured process for these reviews, and the facility could not provide a relevant policy.
The facility did not consistently post daily nursing staff information, failing to update the current resident census and staff hours for four out of five days reviewed. Observations showed outdated or missing postings, and interviews revealed lapses in responsibility for updating the information, which should have been accessible to residents and visitors.
Failure to Implement Elopement Interventions After Removal of Wander Guard
Penalty
Summary
The facility failed to ensure adequate supervision and accident prevention for a resident identified as an elopement risk. The resident, who had diagnoses including diabetes mellitus, vascular dementia, and schizoaffective disorder bipolar type, was assessed as moderately cognitively impaired and required supervision or assistance with transfers and ambulation. The care plan identified the resident as an elopement risk due to a history of attempts to leave the facility and poor safety awareness, with interventions including the use of a wander guard bracelet. On 08/20/2025, the wander guard was discontinued after the resident repeatedly removed it, but no additional interventions or increased monitoring were implemented despite the resident remaining at risk for elopement. Following the removal of the wander guard, the resident continued to express a desire to leave the facility, as noted by staff who reported daily statements from the resident about wanting to leave or be discharged. However, there was no documentation of increased monitoring or alternative safety measures after the device was discontinued. The resident did not have a physician's order to go out on pass, and the care plan was not updated with new interventions to address the ongoing elopement risk. On 08/29/2025, the resident left the facility with a housekeeper, who was unaware of the policy prohibiting staff from taking residents out without proper authorization. The resident was transported approximately 45 minutes away to their responsible party's home without the required sign-out process or provider order. The responsible party was not expecting the resident and contacted facility staff to arrange for the resident's return. Interviews with staff and the housekeeper confirmed a lack of awareness and adherence to facility policies regarding elopement risk and resident outings.
Facility Fails to Maintain Safe and Comfortable Environment
Penalty
Summary
The facility failed to maintain a safe, clean, comfortable, and homelike environment, as evidenced by the inability to maintain ambient temperatures within the required range of 71-81 degrees Fahrenheit in several areas. Specifically, the Orchard View unit and [NAME] View South shower room were consistently below the minimum temperature, with readings as low as 67.5 degrees Fahrenheit in common areas and 62.2 degrees Fahrenheit in the shower room. Residents and staff reported feeling cold, and some residents were observed wearing additional clothing to stay warm. The Director of Maintenance acknowledged the difficulty in maintaining temperatures in common areas due to open doors and stated that the shower room likely needed resealing. Additionally, the [NAME] View North nurse's station and surrounding furniture were in disrepair, with broken hinged doors, chipped laminate countertops, and visibly soiled and damaged recliner chairs. Observations noted that the nurse's station was highly visible to residents and visitors, yet it presented a worn and unkempt appearance. Staff and residents expressed dissatisfaction with the condition of the furniture and the overall environment, noting that it was not homelike or sanitary. Interviews with staff, including the Director of Nursing and the Administrator, revealed a lack of awareness regarding the specific temperature requirements and the extent of the environmental issues. The Director of Maintenance and other staff members acknowledged the need for improvements, but there was no indication of immediate corrective actions being taken to address the deficiencies. The facility's failure to maintain a homelike environment and comfortable temperatures compromised the residents' right to a safe and comfortable living space.
Failure to Ensure Resident Safety and Supervision
Penalty
Summary
The facility failed to ensure the resident environment was free from accident hazards and that residents received adequate supervision and assistance devices to prevent accidents. Specifically, the facility installed electric fireplaces in resident-accessible areas without adequate safety measures. These fireplaces, which were hot to the touch, posed a burn risk to residents, particularly those with cognitive impairments or loss of sensation. Staff members were not adequately trained on the safety risks associated with these fireplaces, and there were no clear guidelines on maintaining a safe distance for residents. A cognitively impaired resident with exit-seeking behaviors managed to elope from the facility undetected. Despite previous incidents indicating the resident's potential to wander, the facility did not update the resident's wandering risk assessment in a timely manner or increase supervision. The resident was found in the facility's parking lot, having exited through an unlocked door and gate. The facility's policies on elopement and wandering risk were not adequately followed, leading to the resident's unsupervised departure. Another resident did not have the necessary safety devices, such as bilateral foot pedals and a calf protector/footboard, in place as care planned. This oversight occurred despite the resident's care plan clearly indicating the need for these devices to prevent injury. Staff members were unaware of the care plan requirements, and the resident was observed multiple times without the necessary equipment. Additionally, a resident was transferred by a staff member and an untrained family member, contrary to the care plan that required a two-person assist due to the resident's combativeness.
Failure to Honor Resident's Right to Refuse COVID-19 Vaccine
Penalty
Summary
The facility failed to honor a resident's right to refuse treatment, specifically regarding the administration of a COVID-19 vaccine. Resident #69, who had severe cognitive impairment and was sometimes understood and sometimes understands, had a representative who verbally declined the COVID-19 vaccination on their behalf. Despite this, the resident received the vaccine, as documented in the facility's records and the New York State Immunization Information System. The error occurred due to a miscommunication and procedural oversight. The Assistant Director of Nursing mistakenly added Resident #69 to a list of residents scheduled to receive the COVID-19 booster, which was then used by Registered Nurse #4 to administer the vaccine. The nurse did not have access to the actual consent/declination forms at the time of administration, relying solely on the list provided. This oversight led to the resident receiving a vaccination against the representative's explicit instructions. Interviews with facility staff, including the Director of Nursing, Assistant Director of Nursing, and Registered Nurse #4, confirmed the miscommunication and procedural errors. The staff acknowledged that the resident's rights and wishes were not honored due to the mistake in the vaccination process. The facility's policy required obtaining and verifying consent before administering vaccines, which was not followed in this instance, resulting in the deficiency.
Failure to Assess and Document Use of Personal Alarm
Penalty
Summary
The facility failed to ensure that a resident was free from the use of physical restraints that were not required to treat medical symptoms. Specifically, Resident #370 was subjected to a position change alarm without a proper assessment or documented rationale for its use. The facility's policy required a comprehensive assessment to determine the need for personal alarms, but this was not conducted for Resident #370. The resident, who had diagnoses including depression, dementia, and compression fractures of the spine, was severely cognitively impaired and required assistance for ambulation and transfers. Observations revealed that Resident #370 was frequently in a wheelchair with a personal alarm, which activated when the resident leaned forward. Despite the alarm's frequent activation, there was no evidence of unsafe movements or attempts to self-transfer. Interviews with staff indicated a lack of awareness regarding the necessity of the alarm and alternative interventions. Certified Nurse Aide #2 and Licensed Practical Nurse #1 were unsure of any other fall prevention measures besides the alarm, and there was no documentation of an assessment for its use. The Assistant Director of Nursing and the Director of Nursing both acknowledged the lack of documentation and assessment for the alarm's use. The Director of Nursing mentioned that less restrictive interventions could have been considered, but there was no evidence that these were tried before implementing the alarm. The facility's failure to document and assess the need for the alarm led to the deficiency, as it did not comply with the policy and procedure for the use of personal alarms.
Failure to Report Alleged Abuse in a Timely Manner
Penalty
Summary
The facility failed to report an allegation of sexual abuse involving a resident to the New York State Department of Health within the required timeframe. The incident involved a resident who was cognitively intact and had diagnoses including congestive heart failure, type 2 diabetes mellitus, and unspecified schizophrenia. The resident reported to a Physical Therapy Assistant that a male certified nurse aide had inappropriately touched their breasts. This information was relayed to the Director of Nursing, who did not report the allegation to the Department of Health, citing a lack of evidence to support the claim. Interviews with various staff members, including the Director of Nursing, Assistant Director of Nursing, and Licensed Practical Nurses, revealed a lack of adherence to the facility's policy on reporting abuse allegations. The Director of Nursing acknowledged being informed of the allegation but chose not to report it, despite being aware of the two-hour reporting requirement. The facility's policy mandates immediate reporting of abuse allegations, yet this protocol was not followed, resulting in a deficiency citation.
Inadequate Investigation of Abuse Allegations and Unexplained Injury
Penalty
Summary
The facility failed to ensure thorough investigations into allegations of abuse and injuries of unknown origin for two residents. Resident #70, who was cognitively intact and had diagnoses including congestive heart failure and schizophrenia, reported an incident of sexual abuse by a male certified nurse aide. Despite the report, there was no evidence of a comprehensive investigation, as the facility did not document interviews with staff or other residents, nor was there an investigation summary ruling out the abuse. Interviews with staff revealed that the allegation was known but not adequately documented or investigated, and the Director of Nursing admitted to not notifying the medical provider or emergency contact. Resident #320, who had severe cognitive impairment and a history of falls, sustained a femur fracture of unknown origin. The facility's investigation was incomplete, as not all staff who had contact with the resident were interviewed, and there were inconsistencies in the employee statements. The Director of Nursing acknowledged that the investigation should have included interviews with all staff who interacted with the resident 48 hours prior to the injury being noted, but this was not done. The Administrator expressed expectations for thorough investigations in both cases, including obtaining detailed staff statements and documenting all interviews. However, the facility's failure to conduct comprehensive investigations into these incidents resulted in deficiencies in addressing the allegations of abuse and the unexplained injury, as required by state and federal regulations.
Improper Storage of Controlled Drugs in Medication Rooms
Penalty
Summary
The facility failed to provide separately locked, permanently affixed compartments for the storage of controlled drugs in two of the three medication rooms observed. In both the Garden View and [NAME] View North medication rooms, controlled drugs were stored in a locked metal box inside a locked refrigerator that was not permanently affixed to the wall or countertop. Additionally, the Garden View medication refrigerator housed a locked metal box containing emergency narcotics that was not permanently affixed to the refrigerator. This involved Residents #6, 8, 40, and 82. The facility's policy required controlled substances requiring refrigeration to be kept double locked in the med room refrigerator within a metal locked box, but this was not adhered to. During observations and interviews, it was noted that the refrigerators were not secured, and the emergency narcotics box was not affixed, increasing the risk for diversion. Licensed Practical Nurses and the Pharmacy Manager acknowledged the lack of permanent affixation and the potential risk it posed. The Director of Nursing was aware of the situation but stated that it had not been identified as an issue during pharmacy visits. The report highlights the facility's failure to ensure proper storage of controlled substances, as required by regulations, which could lead to potential diversion of medications.
Deficiencies in Food Storage and Preparation
Penalty
Summary
The facility was found to have several deficiencies in food storage, preparation, and service during a standard survey. Observations revealed that the kitchen had open and undated packages of sliced corned beef and turkey in the refrigerator, and premade sandwiches and canned fruit in the walk-in cooler that were past their use-by dates. Additionally, plastic coffee mugs were improperly stored right side up and uncovered, and the kitchen had stained ceiling tiles and a soiled floor beneath the coffee station. The survey also identified issues with staff not adhering to food safety protocols. A staff member with facial hair was observed in the kitchen without a proper beard guard, and there was confusion about whether a surgical mask could serve as an adequate substitute. The Food Service Director and Registered Dietitian both acknowledged that staff with facial hair should wear beard guards at all times in the kitchen, but there was uncertainty about the adequacy of surgical masks as a substitute. Furthermore, the facility failed to follow the manufacturer's directions for preparing a texture-modified bread mix during the preparation of pureed hot dogs for residents requiring a pureed diet. The staff member responsible for the preparation did not review the manufacturer's instructions and added the bread mix directly to the pureed hot dogs without proper mixing, resulting in a gritty texture. The Registered Dietitian confirmed that the directions should be followed, and the bread mix should not be added directly from the box into food.
Inadequate Implementation of Enhanced Barrier Precautions
Penalty
Summary
The facility failed to maintain an effective infection prevention and control program, as evidenced by the lack of Enhanced Barrier Precautions (EBP) for two residents. Resident #42, who had a stage 3 sacral pressure ulcer, was not placed on EBP despite having a draining wound. Observations revealed that there was no EBP signage or personal protective equipment (PPE) available in Resident #42's room, and staff did not wear appropriate PPE during wound care. Interviews with staff indicated a misunderstanding of the criteria for implementing EBP, as they believed it was unnecessary if the wound culture was clear, despite the presence of drainage. Resident #89, who had an indwelling foley catheter, was also not properly managed under EBP. Although the resident's care plan and room signage indicated the need for gown and gloves during high-contact activities, staff were observed emptying the urinary catheter bag without wearing a gown. This action was contrary to the facility's policy and the posted EBP requirements, which were intended to prevent the spread of infection through potential contact with urine. Interviews with the facility's nursing staff, including the Assistant Director of Nursing and the Director of Nursing/Infection Preventionist, revealed inconsistencies in the understanding and implementation of EBP. Staff acknowledged the importance of using PPE to protect against infection transmission but failed to consistently apply these precautions. The lack of adherence to EBP protocols for residents with open wounds and indwelling devices highlights a deficiency in the facility's infection control practices.
Lack of Annual Performance Reviews for CNAs
Penalty
Summary
The facility failed to ensure that Certified Nurse Aides (CNAs) received performance reviews at least once every 12 months, as required. This deficiency was identified during a standard survey, which revealed that three CNAs, who had been employed for over a year, did not have documented performance reviews. Specifically, CNA #7, hired in November 2017, CNA #8, hired in July 2023, and CNA #9, hired in November 2020, all lacked evidence of annual performance evaluations in their employee files. Interviews conducted during the survey further highlighted the absence of a structured process for conducting these evaluations. The Director of Nursing acknowledged that the facility did not perform annual performance reviews for CNAs and lacked a system to track when these evaluations were due. The Administrator confirmed the historical absence of performance evaluations and recognized the importance of assessing CNAs' competencies to ensure quality care. The facility was also unable to provide a policy or procedure for conducting annual performance evaluations.
Failure to Post Daily Nursing Staff Information
Penalty
Summary
The facility failed to ensure that the nursing staff information was posted daily and contained the required information, as observed during a standard survey. Specifically, the facility did not post the current resident census and the total number and actual hours worked by licensed and unlicensed nursing staff directly responsible for resident care per shift in a prominent place accessible to residents and visitors for four out of five days reviewed. Observations on various dates revealed that the Daily Staffing form was either outdated or not posted at all on the bulletin board located in the front entrance hallway. Interviews with the Human Resource Manager and the Director of Nursing revealed that the responsibility for posting the Daily Staffing form was not consistently fulfilled. The Human Resource Manager admitted to not posting the forms for several days and acknowledged the importance of having the information available for families. The Director of Nursing was unaware of the lapse in posting and stated that the form should be accessible to visitors, families, and residents. The facility's policy required the nursing supervisor or designee to update the staffing information at the beginning of each shift, but this was not consistently done.
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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