Wayne Center For Nursing & Rehabilitation
Inspection history, citations, penalties and survey trends for this long-term care facility in Bronx, New York.
- Location
- 3530 Wayne Avenue, Bronx, New York 10467
- CMS Provider Number
- 335495
- Inspections on file
- 13
- Latest survey
- January 21, 2025
- Citations (last 12 mo.)
- 0
Citation history
Health deficiencies cited at Wayne Center For Nursing & Rehabilitation during CMS and state inspections, most recent first.
The facility did not maintain its fire extinguishing system as required by 2011 NFPA 25 standards. During a survey, it was found that fire hoses in three stairwells had not been tested or replaced within the required five-year period. The hoses were last stamped in April 2014, and the facility's Administrator confirmed the oversight.
The facility experienced significant staffing shortages, particularly on weekends and night shifts, affecting resident care. Residents reported delays in receiving assistance, and staff struggled to manage their workload. The administration acknowledged challenges in maintaining adequate staffing levels due to competition and high callout rates.
The facility failed to adhere to professional standards for food storage and safety, as observed during a survey. Expired and improperly labeled food items were found in the dairy walk-in refrigerator and pantry units. Staff interviews revealed lapses in oversight and adherence to food safety policies, with responsibilities not consistently executed by the Dietary Supervisor, RNs, and other staff members.
The facility failed to maintain sanitary conditions in garbage storage areas. A dietary aide transported an uncovered garbage can through the food prep area, and the outside compactor lid was left open. The facility's policy requires covered receptacles and closed compactor lids, but there was no evidence of monitoring compliance.
A resident with impaired cognition did not receive proper monitoring and maintenance of a peripheral intravenous site, as required by facility policy. The dressing was not dated or changed every 72 hours, and there was no documentation of site assessment prior to removal. Interviews revealed that staff failed to follow procedures, leading to a deficiency in care.
A resident with severe cognitive impairment and dependence on a ventilator fell out of bed and sustained a skin tear when a CNA provided care alone, contrary to the care plan requiring two-person assistance for bed mobility. The CNA reported that the system indicated only one-person assistance was needed, and they did not have time to call for help when the resident became agitated.
A resident with multiple diagnoses, including Osteoporosis, did not have a comprehensive care plan for Osteoporosis after returning from hospitalization. The RN Manager stated the care plan was not reactivated, and the DON noted it was mentioned in the Pain/Discomfort care plan, but this was not reflected in the surveyor's copy.
The facility failed to update the Comprehensive Care Plans for two residents as required. A resident in a persistent vegetative state had a care plan last reviewed in August 2024, despite needing total care. Another resident on oxygen therapy had a care plan that was not updated quarterly. Interviews revealed a lack of clarity and responsibility among staff regarding care plan updates.
Two residents in an LTC facility received inappropriate respiratory care. One resident used oxygen without a medical order, while another used undated nasal cannula tubing, exceeding the prescribed oxygen flow rate. The facility failed to document oxygen administration and equipment changes, violating established protocols.
The facility's Medical Director did not attend the required QAPI quarterly meetings, as confirmed by attendance records and interviews. The facility's policy mandates the Medical Director's participation, but they were too busy to attend and were briefed afterward. This absence constitutes a deficiency in compliance with the facility's policy.
Failure to Maintain Fire Extinguishing System
Penalty
Summary
The facility failed to ensure that all components of the building's extinguishing system were tested and maintained in accordance with the 2011 NFPA 25 standards. During a life safety survey conducted on January 16, 2025, it was observed that the fire hoses located in the facility's three stairwells, specifically on the 11th floor and the basement, were stamped with a date of April 2014. There was no evidence that these hoses had been tested or replaced within the five years prior to the survey. This deficiency was confirmed through staff interviews, where the facility's Administrator acknowledged the oversight and stated that the hoses would be replaced.
Plan Of Correction
Plan of Correction: Approved January 23, 2025 Immediate Corrective Action Safety Fire Sprinkler company inspected the stairwell fire hoses on 1/23/2025 and sent a proposal to supply and replace by 2/28/2025, 24 - 1.5 x 25' rack fire hose with NYFD couplings and 48 - 1.5 x 50' rack fire hoses with NYFD couplings. Identification of Other Residents All residents were potentially affected by this deficiency. Systemic Changes The Administrator reviewed and revised the fire safety policy to include bi-annual inspections on all stairwell fire hoses. The Director of Environmental Services will add to the preventive maintenance schedule a bi-annual inspection on all stairwell fire hoses. The Director of Environmental Services will ensure, as part of the preventive maintenance schedule, to have all fire hoses tested by the fire sprinkler company once every 5 years. Quality Assurance The Administrator will review the fire prevention preventive maintenance book for fire hose inspections every 6 months and will report the findings during the quarterly QAPI committee meeting. All negative findings will be addressed immediately.
Staffing Shortages Impact Resident Care
Penalty
Summary
The facility failed to ensure sufficient nursing staff were available to meet the needs of residents, particularly on weekends, as evidenced by the Recertification Survey conducted from January 13, 2025, to January 21, 2025. The Payroll Based Journal Staffing Data Report for the 4th quarter of 2024 indicated excessively low weekend staffing, particularly on the 2nd Floor ventilator unit. The facility's staffing schedule revealed a consistent pattern of shortages, especially during the night shift, with multiple instances of missing Licensed Practical Nurses and Registered Nurses. Interviews with residents and staff highlighted the impact of these staffing shortages on resident care. Several residents reported delays in receiving assistance, such as waiting hours for a new gown or help to the bathroom, and experiencing long response times to call bells. A resident's relative also noted that the resident often required incontinence care upon their visits, indicating a lack of timely care. Certified Nursing Assistants reported being overwhelmed with the number of residents they were responsible for, leading to difficulties in ensuring all residents were clean and dry by the end of their shifts. The facility's administration acknowledged challenges in maintaining adequate staffing levels, citing competition with other facilities, union restrictions, and high callout rates among Certified Nursing Assistants. The Director of Nursing admitted to inflating staffing ratios in the facility assessment to secure additional budget but believed the facility was safely staffed. Despite these assertions, the survey findings and resident interviews suggest that the staffing levels were insufficient to meet the residents' needs, particularly during weekends and night shifts.
Deficiencies in Food Storage and Safety Practices
Penalty
Summary
The facility failed to ensure that food was stored, prepared, distributed, and served in accordance with professional standards for food service safety. During the recertification survey, observations in the kitchen and pantry revealed several deficiencies. In the dairy walk-in refrigerator, there were opened and expired loaves of bread and bags of rolls. Additionally, two of the six pantry unit refrigerators contained expired milk, spilled and spoiled food items, and undated and unlabeled food items. The facility's policies and procedures for food storage and safety were not adhered to. The policy required that all dry goods be stored in a safe environment, with new stock placed behind old stock to ensure the First In-First Out method. However, the Dietary Supervisor admitted to missing expired bread items during weekly inspections because they were stored in an undated, unlabeled box on the top shelf. Similarly, the pantry refrigerators were found to be overpacked with improperly labeled or unlabeled food items, and the responsibility for maintaining these standards was not clearly executed by the staff. Interviews with staff, including the Dietary Supervisor, Director of Food Service, Registered Nurses, and the Director of Nursing, revealed a lack of consistent oversight and adherence to the facility's food safety policies. The staff acknowledged their roles in checking and maintaining the refrigerators but admitted to oversights and failures in executing their responsibilities. The facility administrator indicated a need for follow-up with the food service director to address these findings.
Improper Garbage Disposal and Sanitation Issues
Penalty
Summary
The facility failed to maintain sanitary conditions in the garbage storage areas, as observed during a recertification survey. Specifically, during a kitchen observation, a dietary aide was seen transporting an uncovered garbage can from the outside trash compactor through the food preparation area while lunch was being prepared. The facility's policy requires that solid waste be transported in covered receptacles, and the outdoor compactor lid must remain closed except when in use. However, the dietary aide admitted to not covering the garbage can because they were in a rush, and the dietary supervisor confirmed that the garbage can should have been covered to prevent unsanitary conditions. Additionally, an observation of the outside garbage compactor revealed that its lid was left open and uncovered, contrary to the facility's policy. The dietary supervisor acknowledged that the compactor lid should be kept closed when not in use. There was no documented evidence of monitoring trash containment or disposal, and the Food Service Director had no comments on the findings, indicating a lack of oversight in ensuring compliance with the facility's waste management procedures.
Failure to Monitor and Maintain Peripheral Intravenous Site
Penalty
Summary
The facility failed to ensure that a resident received treatment and care in accordance with professional standards of practice, specifically in the monitoring and maintenance of a peripheral intravenous site. Resident #187, who was admitted with diagnoses including Hypertension and Peripheral Vascular Disease, had severely impaired cognitive skills for daily decision-making. The resident was observed multiple times with an undated dressing covering a left upper extremity peripheral intravenous catheter, indicating a lack of adherence to the facility's policy and procedure for intravenous therapy. The facility's policy required that intravenous tubings and dressings be labeled with the date and time of change, and that the insertion site be observed for signs of complications every 72 hours. However, there was no documented evidence that the peripheral intravenous line dressings were changed or that the insertion site was assessed prior to January 16, 2025. The physician's orders for the administration of intravenous fluids and antibiotics were not accompanied by corresponding orders for dressing changes until January 16, 2025, despite the initiation of intravenous therapy on January 11, 2025. Interviews with Registered Nurse #4 and the Director of Nursing revealed that the dressing at the insertion site had not been changed since the start of the intravenous infusion, and the dressing was not dated as required. The nurse responsible for the insertion failed to date the dressing, and subsequent staff did not observe or document the need for a dressing change. The Director of Nursing acknowledged that the dressing should be changed every three days, and that the nurse manager should verify this during daily rounds and through the Treatment Activity Report. This oversight resulted in a deficiency in the care provided to Resident #187.
Resident Falls Due to Inadequate Assistance During Care
Penalty
Summary
The facility failed to ensure a resident remained free from accident hazards, as evidenced by an incident involving a resident who fell out of bed and sustained a skin tear to the forehead. The resident, who had diagnoses including Hemiplegia or Hemiparesis and was dependent on a ventilator, required two-person assistance for bed mobility according to their care plan. However, during care, a certified nursing assistant (CNA) provided assistance alone, contrary to the care plan requirements. The CNA turned the resident, who then became agitated and fell out of bed, resulting in a 2.5 cm skin tear on the forehead. The facility's policy on accident prevention was not adhered to, as the CNA did not follow the prescribed care plan that required two-person assistance for bed mobility. The CNA reported that the computer system indicated only one-person assistance was needed, and they did not have time to call for additional help when the resident became agitated. The incident was reported to the nursing supervisor, and the resident was assessed and treated for the injury. The facility's investigation concluded that the CNA did not intentionally harm the resident, but the incident met the criteria for Department of Health reporting due to the failure to follow the care plan.
Failure to Reactivate Osteoporosis Care Plan Post-Hospitalization
Penalty
Summary
The facility failed to ensure a comprehensive care plan was developed and implemented for a resident diagnosed with Osteoporosis. The resident, who had multiple diagnoses including Dementia with Psychosis, Alzheimer's Disease, Hypertension, Bipolar Disorder, Seizure Disorder, Chronic Obstructive Pulmonary Disease, and Osteoporosis, was admitted with physician orders for each condition. However, despite having care plans for other conditions, there was no care plan specifically addressing the resident's Osteoporosis. This oversight was identified during a recertification survey. The Registered Nurse Manager acknowledged that the Osteoporosis care plan had been in place since 2020 but was not reactivated after the resident's hospitalization in 2023. The Director of Nursing explained that care plans are typically reinstated upon a resident's return from the hospital, but in this case, the Osteoporosis care plan was not reactivated. The Director also noted that the Osteoporosis diagnosis was mentioned in the Pain and Discomfort care plan, although this was not reflected in the surveyor's copy of the plan of care.
Failure to Update Comprehensive Care Plans Quarterly
Penalty
Summary
The facility failed to ensure that residents' Comprehensive Care Plans were reviewed and revised by the interdisciplinary team after each assessment, including quarterly review assessments. Specifically, Resident #74's Self-Care Comprehensive Care Plan was last reviewed on August 1, 2024, and was not updated quarterly as required. Resident #74, who is in a persistent vegetative state with severe cognitive impairments, requires total care for activities of daily living and is dependent on staff for all needs. Despite the facility's policy mandating quarterly reviews, there was no documented evidence that the care plan was reviewed and revised after the October 29, 2024, assessment. Interviews with the Director of Nursing, Director of Rehab, and a Registered Nurse revealed a lack of clarity and responsibility regarding the updating of care plans, contributing to the oversight. Similarly, Resident #187, who has severely impaired cognitive skills and is maintained on oxygen therapy, had an Alteration in Cardiopulmonary Care Plan that was not updated quarterly. The care plan, last reviewed on August 26, 2024, did not reflect any revisions or updates following the October 4, 2024, assessment. The Director of Nursing acknowledged that care plans are supposed to be reviewed quarterly but did not provide an explanation for the failure to update Resident #187's care plan. This deficiency was identified during a recertification survey, highlighting the facility's non-compliance with its own policies and regulatory requirements.
Deficiencies in Respiratory Care and Documentation
Penalty
Summary
The facility failed to provide appropriate respiratory care for two residents, leading to deficiencies in their treatment. Resident #19, who was admitted with diagnoses including Non-Alzheimer's Dementia and Seizure Disorder, was observed using oxygen via nasal cannula at 2 liters without a medical doctor's order. Despite being on oxygen since returning from the hospital, there was no documented order until 01/14/2025. The oversight occurred because the nurse who initially administered the oxygen did not document the order, and subsequent staff did not verify the presence of an order. Resident #187, admitted with diagnoses including Hypertension and Peripheral Vascular Disease, was observed using undated nasal cannula tubing for oxygen administration at 5 liters per minute, which exceeded the physician's order of 2-3 liters per minute as needed. The facility's records lacked documentation of oxygen administration or tubing changes for January 2025. The unit manager acknowledged the failure to date and change the tubing weekly, as required by the facility's policy. These deficiencies highlight lapses in following established protocols for oxygen administration and documentation. The facility's policies require that oxygen orders be documented and that equipment be changed regularly to prevent infection. However, these procedures were not adhered to, resulting in unapproved oxygen use and potential infection control issues.
Medical Director's Absence from QAPI Meetings
Penalty
Summary
The facility failed to ensure that the Medical Director participated in the Quality Assurance and Performance Improvement (QAPI) quarterly meetings, as required by their policy. The QAPI program is designed to provide a systematic approach to monitor and improve the facility's performance. The facility's policy mandates that the QAPI Committee includes the Medical Director, among other key staff members. However, the review of attendance sheets for the last four quarterly meetings revealed that the Medical Director did not attend any of these meetings. Interviews with the Medical Director and the Administrator confirmed that the Medical Director was too busy to attend, and instead, they were briefed on the meeting discussions afterward. The facility's QAPI Committee documentation did not list the Medical Director as a member, contrary to the policy requirements. The Administrator acknowledged the absence of the Medical Director from the meetings and stated that meeting notes were sent to the Medical Director post-meeting. The Medical Director confirmed that they did not attend the meetings but were briefed by the Director of Nursing. This lack of participation by the Medical Director in the QAPI meetings constitutes a deficiency as it does not align with the facility's policy and regulatory requirements.
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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