Willow Point Rehabilitation And Nursing Center
Inspection history, citations, penalties and survey trends for this long-term care facility in Vestal, New York.
- Location
- 3700 Old Vestal Road, Vestal, New York 13850
- CMS Provider Number
- 335291
- Inspections on file
- 24
- Latest survey
- June 13, 2025
- Citations (last 12 mo.)
- 0
Citation history
Health deficiencies cited at Willow Point Rehabilitation And Nursing Center during CMS and state inspections, most recent first.
A resident with anxiety, depression, and mild cognitive impairment refused care multiple times, but staff continued to provide care, leading to agitation and combative behavior. Despite the resident's clear refusals, staff insisted on washing and reapplying leg wraps, which the resident resisted. The DON confirmed that staff should have honored the resident's refusals and reapproached later.
A resident with anxiety and cognitive impairment refused a shower, leading to an altercation where an LPN pushed wet washcloths into the resident's face and CNAs held the resident's hands while the LPN provided care. The facility's investigation confirmed the abuse, and the actions of the CNAs were noted as potentially restraining the resident.
The facility failed to ensure all allegations of abuse were thoroughly investigated and did not prevent further potential abuse for a resident. An LPN continued to have access to residents after an alleged abuse incident, and the resident was not assessed timely. Additionally, some allegations were not investigated.
A facility failed to vaccinate 44 eligible residents with the pneumococcal vaccine despite their consent and medical orders. This failure resulted from a denied purchase request by the fiscal officer due to cost, and the Medical Director was not informed of the vaccine's unavailability. Consequently, seven residents were diagnosed with pneumonia, and one was hospitalized twice. The facility had policies for vaccine administration, but cost constraints delayed procurement, affecting residents with documented vulnerabilities to pneumonia.
A facility failed to provide adequate supervision to prevent accidents involving residents. Resident diagnosed with frontotemporal neurocognitive disorder and aphasia exhibited wandering, physical aggression, and sexually inappropriate behaviors. Incidents included physical aggression causing a hip fracture and sexually inappropriate actions towards other residents. Despite care plan modifications and medication adjustments, the resident continued to display harmful behaviors, resulting in harm to peers.
The facility failed to ensure that licensed nurses had the necessary competencies and skill sets to provide safe and effective care. Four nurses did not receive routine competency evaluations in key areas such as venous access devices, wound VACs, hand hygiene, and medication administration. Staff interviews confirmed the lack of proper training and competency assessments.
The facility failed to ensure annual performance evaluations for five certified nurse aides, as required by their policy. Interviews revealed that the aides had not received evaluations in over a year, and the Director of Nursing acknowledged the lapse.
The facility's governing body failed to establish and implement effective management policies, leading to delays in procuring pneumococcal vaccines and multiple deficiencies, including an immediate jeopardy in Influenza and Pneumococcal Immunizations (F883). Communication breakdowns and procedural issues were identified as contributing factors.
The facility failed to ensure the safe administration of IV fluids for a resident, leading to deficiencies in catheter care, documentation, and staff competency. The resident's care plan did not include necessary monitoring, and staff were unaware of the catheter type, resulting in inconsistent care and documentation.
A resident with a wound VAC device was not provided care according to professional standards and the care plan. The device was found unplugged and not functioning, and staff failed to properly monitor and manage it, leading to a deficiency in care.
A resident with pneumonia and sepsis was given an incomplete dose of an IV antibiotic, experienced a late administration, and did not have their IV access site flushed as ordered. The facility's policies on medication administration and IV therapy were not followed, leading to these deficiencies. Observations and interviews confirmed lapses in infection control and medication administration protocols.
An LPN failed to perform hand hygiene between medication administrations for four residents, despite facility policies requiring it. This oversight was observed multiple times, and the LPN acknowledged the failure, which could potentially spread germs.
Failure to Honor Resident's Right to Refuse Care
Penalty
Summary
The facility did not promote and facilitate the resident's right to self-determination through support of resident choice, specifically for one resident who refused care multiple times. The resident, who had diagnoses including anxiety disorder, major depressive disorder, and mild cognitive impairment, had intact cognitive function and required substantial assistance with daily activities. Despite the resident's refusals, staff continued to provide care, leading to the resident becoming agitated and combative. On the day of the incident, the resident refused to take a shower, but staff insisted and attempted to provide care against the resident's wishes. The resident became increasingly agitated, hitting the nurse and expressing a desire to be left alone. The nurse and aides continued to insist on providing care, including washing the resident and reapplying leg wraps, despite the resident's clear refusals and agitation. Interviews with staff and the resident confirmed that the resident's refusals were not honored, and inappropriate measures were taken, such as holding the resident's hands, which could be considered restraining. The Director of Nursing stated that staff should have ensured the resident's safety and left them alone when they refused care, rather than continuing to insist on providing care. The facility's actions were inconsistent with the resident's right to self-determination and choice.
Resident Abuse Incident Involving LPN and CNAs
Penalty
Summary
The facility did not ensure that residents were free from abuse, as evidenced by an incident involving a resident with anxiety disorder, major depressive disorder, and mild cognitive impairment. The resident, who required substantial assistance with daily activities, refused a shower, leading to an altercation with a licensed practical nurse (LPN). The LPN pushed multiple wet washcloths into the resident's face when the resident declined care, and certified nurse aides (CNAs) held the resident's hands while the LPN provided care that the resident had refused. The facility's investigation revealed that the LPN attempted to remove the resident's leg wraps, causing the resident to become agitated and hit the nurse. The LPN responded by wringing out wet washcloths over the resident's head and shoving them into the resident's face. Despite the resident's resistance, the LPN continued to insist on applying the leg wraps, with the assistance of CNAs who held the resident's hands to prevent them from hitting the nurse. The resident reported feeling angry and restrained during the incident but did not express fear of staff afterward. Interviews with staff and the resident confirmed the sequence of events, with the Director of Nursing concluding that the LPN had abused the resident. The CNAs' actions of holding the resident's hands were noted, with one CNA describing it as a friendly gesture, while another CNA's involvement was seen as potentially restraining the resident. The facility's abuse prevention policy was not followed, leading to the deficiency.
Failure to Investigate and Prevent Further Abuse
Penalty
Summary
The facility did not ensure all allegations of abuse, neglect, exploitation, or mistreatment were thoroughly investigated and did not ensure further potential abuse was prevented for one resident. Specifically, a certified nurse aide witnessed alleged abuse by an LPN towards a resident and did not report the alleged abuse immediately, resulting in the LPN continuing to have access to residents for the remainder of the shift while the investigation was pending. Additionally, statements from staff documented additional potential abuse, and those allegations were not investigated. The resident was not assessed by a qualified professional timely following the allegation of abuse. The facility's Abuse Prevention Policy and Abuse Reporting and Investigation policy required immediate reporting of any suspected or witnessed abuse to a supervisor, immediate assessment of the resident by a registered nurse, and thorough documentation and investigation of all allegations. However, the incident involving the resident occurred between 4:00 AM and 4:45 AM, and the certified nurse aide did not report it until 7:00 AM. The LPN involved continued to work until the end of their shift at 7:30 AM, and there was no documented evidence that the LPN was prevented from having access to the resident or other residents following the incident. The resident was not assessed until approximately 10:30 AM, several hours after the incident was reported. Interviews with staff revealed that the certified nurse aide who witnessed the alleged abuse did not feel comfortable reporting the incident immediately and was unaware of the policy requiring immediate reporting. The Director of Nursing acknowledged the importance of immediate reporting and assessment to ensure resident safety but did not address the delayed reporting with the certified nurse aide. Additionally, the Director of Nursing did not investigate the allegation that another certified nurse aide held the resident's hands during the incident, which could be considered a means of restraint. The delay in reporting and assessment, as well as the failure to investigate all allegations, contributed to the deficiency in ensuring resident safety and thorough investigation of abuse allegations.
Pneumococcal Vaccination Deficiency Due to Procurement Issues
Penalty
Summary
During the recertification survey conducted from 3/18/2024 to 3/29/2024, it was identified that the facility failed to vaccinate 44 eligible residents with the pneumococcal vaccination, despite their consent and medical orders to receive the vaccine. This failure put these residents at risk for serious harm or death, as evidenced by seven residents being diagnosed with pneumonia and one resident being hospitalized twice for pneumonia treatment. The facility's request to purchase the pneumococcal vaccine was denied by the fiscal officer due to cost, and the Medical Director was not informed of the unavailability of the vaccine, leading to a breakdown in communication and procurement processes. The facility's policies related to purchase orders, electronic medical record orders, physician notifications, and standing orders for administering pneumococcal vaccines were in place, outlining the necessary procedures for vaccine administration. However, despite having the necessary approvals and requests in place, the facility faced challenges in obtaining the pneumococcal vaccine due to cost constraints. This resulted in a delay in vaccine procurement, ultimately leading to the failure to vaccinate the identified residents who had consented to receive the vaccine. Multiple residents, such as Resident #95 and Resident #215, had documented medical histories and conditions that made them particularly vulnerable to pneumonia, highlighting the critical importance of timely vaccination. Despite physician orders and resident consents for the pneumococcal vaccine, the facility's inability to secure the vaccine in a timely manner resulted in these residents not receiving the necessary protection against pneumonia, putting their health and well-being at risk.
Inadequate Supervision Leading to Resident Harm Due to Aggressive Behaviors
Penalty
Summary
During the recertification and abbreviated surveys conducted from 3/18/2024 to 3/29/2024 at a nursing home facility, it was found that the facility failed to provide adequate supervision to prevent accidents for several residents. Specifically, Residents #114, #191, and #213 were subjected to physical aggression and sexually abusive behaviors by Resident #174. Resident #174, diagnosed with frontotemporal neurocognitive disorder and aphasia, exhibited behaviors such as wandering, physical aggression, and sexually inappropriate actions towards other residents. Despite documented incidents of aggressive and inappropriate behaviors, the facility's care plan for Resident #174 did not include sufficient interventions to prevent harm to other residents. The deficiency report highlighted incidents where Resident #174 pushed Resident #114, causing a hip fracture, and engaged in sexually inappropriate behaviors with Residents #191 and #213. Nursing progress notes detailed instances of Resident #174 exhibiting aggressive behaviors, inappropriate sexual behaviors, and physical aggression towards peers. Despite modifications to the care plan and medication adjustments, Resident #174 continued to display behaviors that put other residents at risk of harm. The facility's failure to effectively address and prevent these behaviors led to incidents resulting in harm to Residents #114, #191, and #213.
Deficiency in Nurse Competency Evaluations
Penalty
Summary
The facility did not ensure that licensed nurses had the appropriate competencies and skill sets necessary to provide nursing care and related services to assure residents' safety and attain or maintain the highest practicable physical, mental, and psychosocial well-being. Specifically, four licensed nurses did not receive routine competency evaluations covering key skill-set areas, including accessing venous access devices, vacuum-assisted wound closure devices (wound VACs), hand hygiene, and medication administration. Deficiencies were identified in the areas of Parenteral/IV fluids, Free from Significant Medication Errors, Quality of Care, and Infection Control. The facility's training documents and policies indicated that annual in-services and competencies were scheduled monthly throughout the year. However, the records showed that the most current annual competencies for the reviewed licensed nurses were either incomplete or missing. For instance, one LPN had orientation competencies completed but lacked documented competencies for medication administration skills, administration through an intravenous access device, intravenous access device identification, or wound vacuums. Similar gaps were found for other nurses, including a registered nurse and two other LPNs. Interviews with staff revealed that the facility had not conducted medication administration trainings or competencies, and intravenous skills training was not provided by the staff development coordinator. Competencies were often marked as
Failure to Conduct Annual Performance Evaluations for Certified Nurse Aides
Penalty
Summary
The facility did not ensure certified nurse aide performance reviews were completed once every 12 months for five certified nurse aides. Specifically, there was no documented evidence that certified nurse aides #35, #41, #42, #43, and #44 had performance reviews at least once every 12 months. The facility policy titled Staff Evaluations, last modified on 11/9/2018, stated that all staff members would receive an annual performance evaluation, and any identified areas of weakness would be referred to staff education for performance improvement. However, the last documented performance evaluations for the nurse aides were dated between 12/29/2021 and 2/22/2023, indicating that the required annual evaluations were not conducted as per policy. During interviews, the Administrator confirmed that certified nurse aides were required to have 12 hours of in-service training annually, with an annual performance evaluation and in-services based on their evaluation deficiencies. Certified nurse aides interviewed stated they had not received performance evaluations in over a year, with some indicating it had been a couple of years since their last evaluation. The Director of Nursing and Assistant Director of Nursing acknowledged that the performance evaluations for certified nurse aides were not being completed as required, despite the Personnel Coordinator tracking and notifying Clinical Care Coordinators when evaluations were due. The deficiency was confirmed by the surveyors based on record reviews and staff interviews.
Failure to Implement Effective Management Policies
Penalty
Summary
The facility's governing body failed to establish and implement policies regarding the management and operation of the facility, leading to inconsistent communication between the governing body and the facility Administrator. This lack of communication resulted in multiple deficiencies, including an immediate jeopardy in Influenza and Pneumococcal Immunizations (F883). The facility's Quality Assurance Performance Improvement Committee (QAPI) Plan outlined responsibilities for clinical care improvement and resource allocation, but these were not effectively executed. Specifically, the policy required a member of the facility Advisory Board to participate in the committee and provide monthly status reports, which did not occur as intended. An email chain revealed delays in the procurement of pneumococcal vaccines due to fiscal approval processes. The Infection Preventionist's request for vaccines was delayed because the purchase order exceeded $10,000, requiring additional approval. The Deputy Administrator of Fiscal Services and the facility accountant exchanged emails questioning the pricing and approval process, which led to a significant delay in obtaining the necessary vaccines. The Administrator eventually authorized the purchase using a personal credit card to expedite the process. Interviews with the Assistant Director of Nursing and the Deputy Administrator of Fiscal Services confirmed the procedural issues and communication breakdowns that contributed to the deficiency.
Failure to Ensure Safe Administration of IV Fluids
Penalty
Summary
The facility failed to ensure the safe and appropriate administration of IV fluids for a resident, leading to several deficiencies. Specifically, the resident had an intravenous access device, but the physician orders did not include the length of the external catheter or directions for measuring the catheter to ensure it did not migrate or dislodge. Licensed nurses were unaware of the type of catheter the resident had, and documentation of catheter care was inconsistent. Additionally, the care plan did not include daily care and monitoring of the device, and deficiencies related to intravenous therapy were identified in the areas of Significant Medication Errors and Competent Nursing Staff. The resident had diagnoses including pneumonia and sepsis and required intravenous antibiotic therapy. However, there was no documented evidence of a measurement of the external catheter length, and the comprehensive care plan did not include the use of intravenous fluids, intravenous medications, or the presence of an active intravenous access device. Multiple interviews with nursing staff revealed confusion and lack of knowledge regarding the type of intravenous access device the resident had, and there were inconsistencies in following the facility's policies for intravenous therapy. The facility's policies required specific actions such as measuring the external catheter length and arm circumference, changing the dressing weekly, and documenting these actions in the electronic treatment administration record. However, these actions were not consistently performed or documented. Interviews with various nursing staff and the Medical Director highlighted a lack of communication and clarification regarding the type of intravenous access device and the necessary care procedures, leading to the identified deficiencies.
Failure to Maintain VAC Device for Resident
Penalty
Summary
The facility did not ensure that Resident #223 received treatment and care in accordance with professional standards of practice and the comprehensive person-centered care plan. Specifically, the resident had an order for a vacuum-assisted closure (VAC) device for wound healing, which was observed unplugged and not functioning. The facility policy required the VAC device to be in optimum working order and checked every shift, but this was not adhered to in the case of Resident #223. Resident #223 was admitted with diagnoses including surgical aftercare following a panniculectomy and an unspecified open wound of the abdominal wall. The resident's care plan included the use of a VAC device with specific instructions for its maintenance and monitoring. However, upon the resident's return from the emergency department after a fall, there was no documented evidence that the VAC device was assessed or functioning. Observations revealed that the device was off, unplugged, and contained a trace amount of drainage, indicating it was not in use as required. Interviews with staff revealed a lack of awareness and proper handling of the VAC device. Certified nurse aides and licensed practical nurses did not adequately monitor or manage the device, and there was confusion about the appropriate actions to take when the device was found off. The resident expressed concerns about the device not being checked, and it was only after the occupational therapist alerted a registered nurse that the device was turned back on. This failure to maintain the VAC device in working order and to follow the care plan led to a deficiency in the treatment and care provided to Resident #223.
Significant Medication Errors for Resident
Penalty
Summary
The facility failed to ensure that residents were free from significant medication errors, specifically for Resident #207. The resident, who had diagnoses including pneumonia and sepsis, was given an incomplete dose of an intravenous antibiotic, experienced a late administration of the antibiotic, and did not have their intravenous access site flushed as ordered. The facility's policies on medication administration and intravenous therapy were not followed, leading to these deficiencies. Observations revealed that the intravenous medication bag was not fully emptied, and the tubing was not properly capped, indicating lapses in infection control and medication administration protocols. The Medication Administration Record (MAR) showed discrepancies in the timing and completeness of the antibiotic doses. For instance, the ceftriaxone dose on 3/16/2024 was administered more than 24 hours after the previous dose, and the sodium chloride flush was not documented as administered on 3/15/2024. Interviews with nursing staff and the Assistant Director of Nursing confirmed that these lapses were medication errors. The staff admitted to not following the proper procedures for verifying and administering intravenous medications, including not ensuring the medication bag was empty and not documenting the flushes correctly. Further interviews with the Medical Director and other nursing staff highlighted that the orders for intravenous medications were incomplete, lacking infusion rates, and that the staff failed to seek clarification from the provider. The late and incomplete doses were not reported to the provider, which could have led to potential harm to the resident. The facility's failure to adhere to its own policies and procedures for medication administration and intravenous therapy resulted in significant medication errors for Resident #207.
Failure to Perform Hand Hygiene Between Medication Administrations
Penalty
Summary
The facility did not establish and maintain an infection prevention and control program designed to provide a safe, sanitary, and comfortable environment, leading to the potential development and transmission of communicable diseases and infections. Specifically, a licensed practical nurse (LPN) failed to perform hand hygiene between medication administrations for four residents. The facility's policies on medication administration and hand hygiene, last modified in 2020, clearly documented that hand hygiene should be performed before preparing medications and between resident contacts. However, the LPN did not adhere to these policies during the observed medication administration process for Residents #3, #147, #195, and #212. During the medication administration process, the LPN handled various medications and personal items such as a pen and clipboard without performing hand hygiene. This was observed multiple times between 9:36 AM and 10:06 AM. The LPN acknowledged the oversight during an interview, stating that they had sanitizer available but did not use it between residents, which could potentially spread germs. The Infection Preventionist confirmed that proper hand hygiene should be performed between all residents and after known exposure to soiled items to prevent the spread of infection.
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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