Legacy At Town Creek
Inspection history, citations, penalties and survey trends for this long-term care facility in Palestine, Texas.
- Location
- 2212 W Reagan St, Palestine, Texas 75801
- CMS Provider Number
- 675998
- Inspections on file
- 43
- Latest survey
- January 7, 2026
- Citations (last 12 mo.)
- 8
Citation history
Health deficiencies cited at Legacy At Town Creek during CMS and state inspections, most recent first.
A resident with ESRD, on hemodialysis and dual antiplatelet therapy (aspirin and clopidogrel) for prior MI, sustained an unwitnessed fall while attempting to rise from a wheelchair, resulting in facial/scalp contusions and a forehead hematoma with reported head pain. An LVN found the resident on the floor, assisted him back to the wheelchair, administered Tylenol, applied ice, and initiated neuro checks, which were largely documented as normal, though one assessment noted the resident was not fully oriented. The LVN notified the family promptly but delayed notifying the MD by approximately 81 minutes, despite the head injury and antiplatelet use, and documented on a dialysis communication form that there were no new problems. The resident was later seen at dialysis, where staff and the physician noted significant bruising and a hematoma and arranged for ER evaluation. Interviews showed that the ADON and an RN expected immediate MD notification for falls with head injury in residents on antiplatelet therapy, while the DON considered the delay acceptable, despite a facility policy requiring prompt MD notification after accidents involving a resident.
A resident dependent on continuous oxygen was transported to a medical appointment with an empty oxygen tank, resulting in shortness of breath and hospital admission. Staff interviews revealed that although the charge nurse was responsible for ensuring a full tank, a malfunctioning oxygen refilling station led to tanks appearing full when they were not, contributing to the deficiency.
The facility failed to maintain food safety and sanitation standards, with staff not wearing hair nets effectively, improper labeling and storage of food items, and unclean kitchen equipment. Observations revealed unlabeled and expired food in storage, and staff interviews confirmed a lack of adherence to food safety protocols. These deficiencies posed a risk of foodborne illnesses.
The facility failed to maintain an effective pest control program, resulting in ants in two halls. A resident with COPD and moderately impaired cognition had ant bites, while another with sarcopenia and severe cognitive impairment was moved due to ants. Despite weekly treatments and monthly pest control services, ants were still present, indicating a failure in the program's effectiveness.
The facility failed to ensure a safe environment by not properly handling Hoyer lift slings, leading to potential accident hazards. Observations showed that two residents dependent on mechanical lift transfers were using slings with faded straps and illegible tags. Staff, including a CNA and the DON, were unaware of the manufacturer's guidelines for removing compromised slings from service. The facility's policy required slings to be laundered and removed if damaged, but this was not effectively implemented.
The facility failed to dispose of expired medications in two medication rooms, affecting two residents. A resident with dementia had expired scopolamine in the refrigerator, and another with heart failure had expired acetaminophen suppositories. Staff interviews revealed confusion over who was responsible for checking expired medications, despite facility policies requiring it.
The facility failed to properly label and store medications, as observed in a medication storage room and for a resident. A refrigerator in the medication room was leaking onto capsules, and medications were improperly stored at a resident's bedside. Staff interviews revealed a lack of clarity in responsibilities for checking expired medications, contributing to the deficiencies.
A facility failed to maintain proper infection control practices when a CNA did not sanitize or wash her hands between glove changes while providing incontinent care to a resident. The resident, who was dependent on staff for personal hygiene, was at risk due to this oversight. Despite being trained and assessed as satisfactory in hand hygiene, the CNA admitted to forgetting to use hand sanitizer. The facility's policy requires hand hygiene before and after glove use, and the administration confirmed the importance of these practices.
A facility failed to transmit a resident's Discharge MDS assessment to the CMS System within the required timeframe, resulting in a delay of over 14 days. The MDS Coordinator responsible for the assessment acknowledged the oversight, and interviews with the DON and VP of Clinical Reimbursement confirmed the requirement to follow the RAI manual for timely transmission. The Administrator noted the absence of a facility policy on MDS transmission, highlighting the risk of inaccurate data.
The facility failed to protect residents from abuse and neglect, resulting in multiple incidents of resident-to-resident aggression. Residents with severe cognitive impairments were involved in physical altercations, including slapping, hitting, and scratching. Despite known aggressive behaviors, the facility did not implement new interventions to prevent further occurrences, leading to a pattern of abuse and neglect.
The facility failed to implement and update policies to prevent abuse, neglect, and exploitation among residents. Several residents with cognitive impairments experienced or perpetrated physical aggression, yet their care plans were not updated with new interventions. Additionally, the facility did not report these incidents to the appropriate authorities, increasing the risk of continued abuse.
The facility failed to investigate multiple incidents of resident-to-resident abuse, involving residents with cognitive impairments and behavioral issues. Despite numerous altercations resulting in injuries, the facility did not conduct thorough investigations or implement necessary interventions. Staff interviews revealed a misunderstanding of reporting requirements, contributing to the deficiency.
A resident with severe cognitive impairment and a care plan requiring two-person transfers was injured when a CNA transferred her with only one staff member, resulting in a 4 cm toe laceration. The CNA had received training but failed to follow the protocol, leading to the incident.
The facility failed to report multiple incidents of resident-to-resident abuse involving residents with cognitive impairments, such as dementia and bipolar disorder. Despite repeated physical altercations, including slapping, flipping wheelchairs, and causing skin tears, these incidents were not reported to the appropriate authorities. The administrator believed these incidents were not reportable due to a lack of willful intent, leading to a significant deficiency in the facility's reporting process.
A CNA in an LTC facility failed to follow proper hand hygiene protocols while providing incontinent care to a resident with severe cognitive impairment. The CNA did not change gloves between cleaning different areas and did not wash hands after removing gloves, contrary to the facility's infection control policies. This lapse was observed during a survey, and interviews with the DON and Administrator confirmed the deficiency.
Delayed Physician Notification After Resident Fall With Head Injury on Dual Antiplatelet Therapy
Penalty
Summary
The deficiency involves the facility’s failure to promptly notify a resident’s physician after an accident that resulted in a head injury. A male resident with end stage renal disease, dependence on dialysis, atherosclerotic heart disease, and intact cognition (BIMS 15) was on dual antiplatelet therapy with aspirin and clopidogrel for a prior myocardial infarction. His care plan included monitoring and reporting changes or increases in bruising. In the early morning, the resident fell while attempting to get up from his wheelchair to get coffee, tripped over the footrest, and struck the right side of his face and head on the floor. He reported head pain to the nurse, who told him it would improve when the swelling went down. The fall was unwitnessed and documented at 3:00 a.m. by an LVN who found the resident on his right side, assisted him back to his wheelchair, noted a bump/hematoma on his forehead, administered Tylenol, applied an ice pack, and initiated neurological checks. The fall report showed that the resident was alert and oriented with a reported pain level of 6/10 and normal vital signs, and that the physician was not notified until 4:21 a.m., an 81‑minute delay. The facility’s neurological assessment sheet documented that at 3:20 a.m. the resident was not fully oriented, with subsequent assessments between 3:00 a.m. and 5:35 a.m. showing no confusion/disorientation and stable vital signs. The LVN stated he texted the physician but was unsure of the time, and reported that the resident was confused and unstable, and that he notified the family at 3:00 a.m. but delayed notifying the physician. A dialysis communication form completed by the same LVN shortly after indicated there were no new problems or concerns. The resident later reported that he was not offered to go to the ER and that he went to dialysis first, after which the doctor there sent him to the ER. Interviews with staff and the physician highlighted inconsistent expectations and practices regarding physician notification. An RN stated that if a resident on antiplatelet medication fell and had a head injury, he would call the physician immediately or as soon as possible due to the risk of brain bleeding, and that any neurological changes should prompt further contact. The ADON stated she expected immediate physician notification after a fall with head injury, especially for residents on antiplatelet therapy, citing increased risk of brain bleeding. The DON, however, stated that as long as neurological checks were normal there was no reason to contact the physician sooner and felt the 81‑minute delay and use of text notification were acceptable. The attending physician reported that standard teaching for a patient on clopidogrel with a head injury is usually to go to the ER, and that he was unaware of the 81‑minute delay. The facility’s policy on change in condition required prompt notification of the attending physician when there has been an accident or incident involving the resident.
Resident Transported with Empty Oxygen Tank Due to Equipment and Process Failures
Penalty
Summary
A deficiency occurred when a resident who required continuous supplemental oxygen due to chronic respiratory failure, congestive heart failure, and a history of pneumonia was transported to a doctor's appointment with an empty oxygen tank. The resident's care plan specified the need for continuous oxygen via nasal cannula at a prescribed flow rate. On the day of the appointment, the responsible party noticed the oxygen tank was empty, and the resident exhibited symptoms of shortness of breath and gasping for air. The resident was subsequently transported to the hospital from the doctor's office and admitted to the emergency room. Interviews with facility staff revealed that the charge nurse was responsible for ensuring residents leaving the facility had a full oxygen tank. The nurse assigned to the resident reported checking and replacing the oxygen tank with a full one prior to departure and again just before leaving, noting it was full. However, the resident arrived at the appointment with an empty tank, and the transportation staff had to return to the facility to retrieve a replacement. The resident's symptoms prompted the doctor's office staff to call emergency medical services. Further investigation indicated that the facility's oxygen refilling station had been intermittently malfunctioning, with reports of tanks appearing full when they were not, and a red warning light being observed. Some staff were aware of these issues, while others were not. The malfunctioning equipment contributed to the failure to provide the resident with an adequate supply of oxygen during transport, as required by professional standards of practice and the resident's care plan.
Food Safety and Sanitation Deficiencies
Penalty
Summary
The facility failed to adhere to professional standards for food service safety, as observed in their kitchen operations. Staff members did not effectively wear hair nets, leading to exposed hair that could potentially contaminate food. Specifically, one staff member wore a baseball cap over a hair net, which caused the net to be ineffective, while another staff member had hair exposed at the front and sides of her head. These lapses in proper hair covering were acknowledged by the staff during interviews, where they expressed awareness of the potential for hair to contaminate food. The facility also failed to properly label, date, and manage food storage in their refrigerators, freezers, and pantry. Numerous food items were found without labels or expiration dates, and some were past their expiration dates. Observations revealed pre-wrapped pancakes, red onions, lettuce, ribs, ground beef, cheese slices, diced chicken, beef patties, hamburger buns, and various other items improperly stored. Additionally, expired prune juice and Dijon mustard were found in the pantry. Staff interviews confirmed a lack of awareness and adherence to proper food labeling and storage protocols. Sanitation issues were also identified, including unclean ovens and an ice machine with a black, slimy substance. The facility's dietary manager did not wash hands between tasks, further compromising food safety. These deficiencies were recognized by the staff, who admitted to not realizing the extent of the issues. The facility's policies on employee sanitation and food safety were not followed, as evidenced by the observations and staff interviews, which highlighted the risk of foodborne illnesses due to these lapses in food safety and sanitation practices.
Ineffective Pest Control Program Leads to Ant Infestation
Penalty
Summary
The facility failed to maintain an effective pest control program, resulting in the presence of ants in two of the four halls reviewed. Specifically, ants were found in the rooms and beds of two residents, leading to incidents of ant bites. Resident #31, a female with chronic obstructive pulmonary disease and moderately impaired cognition, was noted to have ant bites on her right upper extremity. Her care plan included interventions to identify and eliminate potential causative factors for her skin impairment. Resident #75, a female with sarcopenia, anxiety disorder, and severely impaired cognition, was also affected by ants in her room, although her care plan did not address this issue. Observations and interviews revealed that Resident #31 did not experience itching or discomfort from the bites, and no ants or food were observed in her room at the time of inspection. Resident #75 was moved from her original room due to ant presence, and maintenance had sprayed the room while awaiting pest control services. The maintenance man reported treating the facility for ants weekly and confirmed that pest control services were conducted monthly. Despite these measures, ants were still found in multiple rooms, as noted in the pest control log. The facility's pest control program, as outlined in their policy, aimed to eradicate and contain common household pests. However, the presence of ants in residents' rooms and the resulting bites indicate a failure in the program's effectiveness. The pest control invoices showed treatments for ants using various products, but the continued sightings of ants suggest that these measures were insufficient to prevent infestations in the facility.
Failure to Properly Handle Hoyer Lift Slings
Penalty
Summary
The facility failed to ensure the residents' environment was free from accident hazards by not developing and implementing a policy and procedure for the proper handling of Hoyer lift slings. Observations and interviews revealed that the facility did not inspect the slings for signs of damage before each use, and damaged slings were not removed from service. This deficiency was identified during a review of the care provided to two residents who required mechanical lift transfers. One resident, a female with severe impaired cognition and dependent for all transfers, was observed with a lift sling that had faded straps and illegible care tags. The CNA, who was agency staff, was unaware of the manufacturer's guidelines for removing compromised slings from service. Another resident, who had intact cognition and was also dependent for all transfers, had a sling provided by hospice services that was similarly faded and crinkled. The hospice nurse was not aware of the need to remove such slings from service. Interviews with the laundry staff and the DON revealed a lack of awareness regarding the manufacturer's recommendations for sling maintenance. The laundry staff had been trained to air dry slings and remove those with visible damage, but they were not informed about the importance of removing slings with faded colors or illegible labels. The DON acknowledged the risk of injury if defective slings were used but was not fully aware of the manufacturer's guidelines. The facility's policy for safe resident handling indicated that slings should be laundered according to the manufacturer's instructions and removed from service if damaged, but this was not effectively implemented.
Expired Medications Not Disposed of in Medication Rooms
Penalty
Summary
The facility failed to provide adequate pharmaceutical services by not ensuring the proper disposal of expired medications in two medication rooms, affecting two residents. Resident #81, who was admitted with dementia, anxiety disorder, depression, and hypertension, had a scopolamine medication in the refrigerator with a discard date that had passed. The medication aide, who was new to the facility, was unaware of who was responsible for checking expired medications. Similarly, Resident #68, with chronic systolic heart failure, depression, dementia with agitation, and hypertension, had expired acetaminophen suppositories in the medication room refrigerator. The ADON responsible for checking the medication rooms admitted to forgetting to check the refrigerator for expired medications. Interviews with facility staff, including the DON and the Administrator, revealed a lack of clarity and consistency in the responsibility for checking expired medications. The DON stated that the ADONs were responsible for this task, while the Administrator mentioned that charge nurses and medication aides were also responsible, with ADONs as backup. The facility's policies on administering and storing medications emphasized the importance of checking expiration dates and not using outdated drugs, but these procedures were not followed, leading to the presence of expired medications in the facility.
Medication Storage and Labeling Deficiencies
Penalty
Summary
The facility failed to ensure that drugs and biologicals were labeled and stored according to professional principles, as observed in one of the medication storage rooms and for one resident. In the medication storage room, a refrigerator was found leaking water onto a medicine cup containing white capsules, identified as lactobacillus capsules. The Agency Medication Aide, who was unfamiliar with the facility's procedures, was unaware of the leak and did not know who was responsible for checking for expired medications. For one resident, medications were improperly stored at the bedside, with eleven vials of normal saline found on the nightstand next to a nebulizer. The resident, who had a history of cognitive impairment and other medical conditions, had an order for glycopyrrolate to be mixed with normal saline, but the medication was not administered as ordered. The LVN confirmed that medications should not be left at the bedside due to the risk of overdose or improper use. Interviews with facility staff, including the DON and ADON, revealed that there was a lack of clarity and consistency in the responsibility for checking medication rooms and carts for expired medications. The ADON admitted to forgetting to check the refrigerator for expired medications, and the DON emphasized the risk of medication errors if medications were expired or left at the bedside. The facility's policies on administering and storing medications were not followed, contributing to the deficiencies observed.
Infection Control Deficiency Due to Improper Hand Hygiene
Penalty
Summary
The facility failed to maintain an effective infection prevention and control program, as evidenced by the actions of CNA F during the provision of incontinent care to Resident #80. Resident #80, who was admitted to the facility with diagnoses including myopathy, atrial fibrillation, major depressive disorder, and hypertension, was dependent on staff for personal hygiene and frequently incontinent. During an observation, CNA F did not sanitize or wash her hands between glove changes while providing care to the resident, which is a breach of infection control practices. Despite having been trained and assessed as satisfactory in hand hygiene and incontinent care, CNA F admitted to forgetting to use hand sanitizer between glove changes. The facility's policy on hand hygiene, dated 6/13/2024, clearly states that hand hygiene must be performed before donning gloves and immediately after removing them. Interviews with the ADON, DON, and the Administrator confirmed that the expected practice is to sanitize or wash hands before care, during care, after removing gloves, and after care is completed. The failure to adhere to these practices could place residents at risk of exposure to infectious diseases. The incident was acknowledged by the facility's administration, who reiterated the importance of hand hygiene in preventing the spread of infections.
Failure to Timely Transmit MDS Data
Penalty
Summary
The facility failed to transmit encoded, accurate, and complete Minimum Data Set (MDS) data to the CMS System for one resident, identified as Resident #33, reviewed for MDS accuracy and completion. The Discharge MDS assessment for this resident, with a target date of April 11, 2024, was completed on April 18, 2024, but was not transmitted until July 30, 2024, which was more than 14 days after completion. This delay in transmission was identified during a record review of a closed record and confirmed by a MDS Final Validation Report dated July 30, 2024, indicating the late submission. Interviews with facility staff revealed that the MDS Coordinator responsible for the assessment had been employed since March 2024 and acknowledged the failure to transmit the assessment timely. The Director of Nursing (DON) and the Vice President of Clinical Reimbursement both confirmed that the facility should follow the Resident Assessment Instrument (RAI) manual, which requires MDS assessments to be transmitted within 14 days of completion. The Administrator also confirmed the lack of a facility policy on MDS transmission and acknowledged the risk of inaccurate facility data if assessments are not transmitted timely.
Failure to Protect Residents from Abuse and Neglect
Penalty
Summary
The facility failed to protect multiple residents from abuse and neglect, resulting in numerous incidents of resident-to-resident aggression. Residents with severe cognitive impairments, such as dementia and schizoaffective disorder, were involved in physical altercations, including slapping, hitting, scratching, and flipping wheelchairs. These incidents occurred over several months and involved residents with known aggressive behaviors, yet the facility did not implement new interventions to prevent further occurrences. Resident #1, a male with severe cognitive impairment and a history of aggressive behavior, was repeatedly involved in altercations with other residents. Despite his care plan indicating a potential for aggression, no new interventions were added following incidents where he was both the aggressor and the victim. Similarly, Resident #2, with a history of bipolar disorder and dementia, exhibited physical aggression on multiple occasions, yet his care plan remained unchanged after several incidents. Other residents, such as Resident #3 and Resident #4, also displayed aggressive behaviors, leading to injuries among themselves and others. The facility's failure to update care plans and implement effective interventions contributed to a pattern of abuse and neglect, placing residents at risk for further harm. The report highlights the facility's inability to maintain a safe environment for its residents, as evidenced by the repeated incidents of aggression and the lack of appropriate response to these events.
Failure to Implement Abuse Prevention Policies
Penalty
Summary
The facility failed to develop and implement written policies and procedures that prohibited and prevented abuse, neglect, and exploitation of residents, as well as the misappropriation of resident property. This deficiency was identified for seven out of ten residents reviewed for abuse policies. The facility did not protect residents from abuse by other residents, failed to implement interventions after multiple incidents of resident-to-resident altercations, and did not report these altercations to the appropriate authorities. Resident #1, a male with dementia and schizoaffective disorder, experienced multiple incidents of physical aggression from other residents. Despite having a care plan that identified his potential for aggression, no new interventions were added following these incidents. Resident #1 was involved in numerous altercations, resulting in injuries such as skin tears and a busted lip. Similarly, Resident #2, with dementia and bipolar disorder, was involved in several aggressive incidents, yet his care plan was not updated with new interventions after these events. Other residents, including Resident #3, Resident #4, and Resident #5, also exhibited aggressive behaviors or were victims of aggression. Their care plans indicated potential for aggression, but interventions were not consistently updated following incidents. The facility's failure to report these altercations to the Health and Human Services Commission (HHSC) further compounded the issue, placing residents at risk of continued abuse and neglect.
Failure to Investigate Resident-to-Resident Abuse
Penalty
Summary
The facility failed to thoroughly investigate and document incidents of resident-to-resident abuse, as required by their abuse policy. This deficiency was identified for seven out of ten residents reviewed for abuse investigations. The facility did not conduct investigations into multiple incidents involving physical and verbal altercations between residents, which occurred over several months. These incidents included residents being slapped, scratched, pinched, and pushed, resulting in injuries such as skin tears and bruises. The report highlights specific cases where the facility did not follow through with investigations. For instance, Resident #1, who had severe cognitive impairment and a history of aggressive behavior, was involved in numerous altercations with other residents. Despite these incidents, there was no evidence of thorough investigations or implementation of interventions to prevent further occurrences. Similarly, other residents with cognitive impairments and behavioral issues were involved in altercations, yet the facility failed to investigate these incidents as per their policy. Interviews with facility staff, including the Administrator and Director of Nursing, revealed a lack of understanding and adherence to reporting requirements for resident-to-resident altercations. The Administrator believed that incidents involving residents with dementia were not reportable due to the lack of willful intent. This misunderstanding contributed to the facility's failure to investigate and report incidents appropriately, leaving residents at risk of unaddressed abuse and neglect.
Inadequate Supervision and Assistance Leads to Resident Injury
Penalty
Summary
The facility failed to provide adequate supervision and assistance devices to prevent accidents for a resident who required extensive assistance with transfers. The resident, who had severe cognitive impairment and was at risk for falls, was care planned to require the assistance of two staff members for transfers. However, on one occasion, a CNA transferred the resident with only one staff member, resulting in the resident suffering a 4 cm laceration on her toe that required sutures. The incident occurred despite the CNA having received training on gait belt transfers, including proficiency in both one and two-person transfers. The CNA claimed not to have realized that the resident always required a two-person transfer. The facility's documentation system, the Kardex, was expected to be checked by staff to ensure proper care protocols were followed, but this was not adhered to in this instance, leading to the resident's injury.
Failure to Report Resident-to-Resident Abuse
Penalty
Summary
The facility failed to report alleged violations involving abuse or mistreatment immediately, as required by state law, for seven out of ten residents reviewed. These residents experienced various forms of abuse, including physical aggression and altercations with other residents, over a period of several months. Despite the facility's policy to report all allegations and substantiated occurrences of abuse to the state agency and other required agencies, these incidents were not reported, potentially placing residents at risk for continued harm. Resident #1, a male with severe cognitive impairment due to dementia and schizoaffective disorder, was involved in multiple incidents of abuse from other residents. These incidents included being slapped, flipped out of a wheelchair, and sustaining skin tears from physical altercations. Despite these repeated incidents, the facility did not report them to the appropriate authorities. Similarly, Resident #2, with a history of dementia and bipolar disorder, was involved in several aggressive incidents, including flipping another resident's wheelchair and hitting another resident, which were also not reported. The facility's administrator, who was responsible for reporting these incidents, believed that resident-to-resident altercations involving residents with dementia were not reportable due to a lack of willful intent. This misunderstanding led to a failure to report numerous incidents, as evidenced by the lack of self-reports in the facility's TULIP account. Interviews with staff, including the Director of Nursing and the Social Worker, revealed a lack of clarity and communication regarding the reporting process, contributing to the deficiency.
Inadequate Hand Hygiene During Incontinent Care
Penalty
Summary
The facility failed to establish and maintain an effective infection prevention and control program, as evidenced by the improper hand hygiene practices of a CNA during the provision of incontinent care to a resident. The resident, an elderly male with severe cognitive impairment and a history of metabolic encephalopathy, depression, dementia, and hypertension, was observed receiving care from CNA B. During the care, CNA B did not change gloves between cleaning different areas of the resident's body and failed to wash her hands after removing gloves and before exiting the room. The facility's policies on hand hygiene and infection control, which require handwashing before and after direct contact with residents and after removing gloves, were not followed by CNA B. This lapse in protocol was observed during a survey, and interviews with the DON and Administrator confirmed that the CNA did not adhere to expected procedures. The failure to perform proper hand hygiene could potentially expose residents to communicable diseases and infections.
Latest citations in Texas
A resident with severe dementia, mobility deficits, and dependence for transfers was provided bed rails without a documented entrapment risk assessment, physician order, or inclusion of bed rail use in the care plan, despite a facility policy requiring alternatives, IDT review, informed consent, and proper installation. Maintenance installed 1/3 bed rails on verbal request from nursing, believing the clinical steps had been completed, and the resident later was found partially out of bed with her head pinned between the rail and a low air loss mattress, unresponsive, and subsequently pronounced deceased. The medical examiner noted neck abrasions, bruising, and muscle hemorrhage consistent with entrapment between the mattress and bed rail and indicated the likely cause of death as strangulation on the rails or asphyxiation on the mattress, and the deficiency was cited as past Immediate Jeopardy.
A resident with severe cognitive impairment and multiple pressure injuries received twice-daily wound care without a corresponding pain care plan or documented pain assessments, despite having a PRN acetaminophen order. During an observed wound care attempt, the resident winced, cried out, and showed facial expressions consistent with pain when repositioned, while staff were unsure of her primary language, whether she had been assessed or medicated for pain, or even what pain medications were ordered. CNAs and the treatment nurse noted foul odor and colored drainage from the wounds and that the resident felt warm, but the LVN initially reported no indication of pain or need for vital signs and only checked a temperature after surveyor prompting, without performing a clear pain assessment. The wound care NP later reported the resident had increased necrotic tissue, odor, and frequent combative behavior during prior treatments that had not been considered as possible pain responses, and the resident’s representative stated they were unaware of wound odor, infection concerns, or antibiotic orders and believed the resident was receiving pain medication while video showed wound care being attempted without it.
Surveyors found three mechanical lifts repeatedly parked unlocked and unsecured in a hallway adjacent to the 300 Hall, where they were stored and charged when not in use. An RN and a CNA assigned to the hall both stated they were unaware the lifts were unsecured, despite prior in‑service training on lift safety and storage, and each could not recall when that training last occurred. The DON confirmed that all lifts were expected to be locked when not in use, acknowledged unawareness of the unsecured lifts over several days, and stated that while staff had been educated on lift safety, there was no facility policy addressing accidents and hazards related to mechanical lift safety and storage, and the existing mechanical lift policy lacked such content.
Surveyors found multiple food safety and storage deficiencies in the kitchen, including an unsealed bag of meat, sauce containers with dried drippings on the handle and rim, a container of overripe bananas with black peels, and uncovered whole eggs in an unlabeled, undated bowl. Temperature logs for reach-in refrigerators and a freezer were missing required PM shift temperature checks and staff signatures. In interviews, dietary staff, the Dietary Manager, and the Administrator confirmed that these conditions did not follow facility policies requiring open food to be securely covered, labeled, dated, properly cleaned, and monitored with completed temperature logs.
A resident with lymphedema and multiple comorbidities had physician orders for bilateral lower extremity ace wraps each morning with removal in the evening, along with edema checks every shift. On the survey day, the resident was observed in a wheelchair without leg wraps, while the MAR showed the morning treatment as completed. The resident reported his legs were supposed to be wrapped daily and that they had not been wrapped for about a week, and he described inconsistent staff response to his call light. The charge nurse admitted it was not normal practice to document treatment before completion and stated the resident usually received wraps after a shower, which had not yet occurred. CNAs gave conflicting accounts about how consistently the wraps were applied, and leadership confirmed expectations that treatments be performed per orders and documented only after completion, in line with the facility’s documentation policy prohibiting false entries.
Surveyors found that the facility failed to provide pressure ulcer care consistent with professional standards for three residents. One resident with hemiplegia and vascular dementia had a sacral wound that was omitted from the care plan and repeatedly left off weekly skin assessments, while heel wounds were documented without consistent measurements or staging and ordered treatments were not always recorded as given. A second resident with multiple comorbidities developed a sacral wound that progressed from MASD to an unstageable and then Stage 4 pressure injury with surgical debridement, yet the care plan was not updated to reflect the active pressure ulcer and specific interventions, and weekly skin assessments often lacked complete staging and measurements. A third resident with dementia and incontinence had an unstageable sacral ulcer and MASD, but weekly skin assessments were inconsistent, some ordered wound treatments and topical medications were not documented on the TAR, and nursing notes did not show that care was provided on those dates. Staff interviews revealed that the treatment nurse handled nearly all weekly skin assessments and wound care documentation, relied on the DON or wound physician for staging and measurements, and that facility policies requiring complete wound assessment and documentation were not consistently followed.
The facility failed to ensure call lights were accessible for four residents who were identified as fall risks and required assistance with ADLs or had significant mobility or cognitive impairments. Observations found residents lying in bed with call lights placed at the head of the bed, on the floor, on a roommate’s bed, or on a nightstand, all out of reach, despite care plan interventions requiring call lights to be kept within reach. A CNA, an LVN, and the DON each confirmed that all staff are responsible for keeping call bells within residents’ reach and acknowledged that inaccessible call bells could lead to accidents, falls, avoidable injuries, delayed care, and unmet needs, contrary to the facility’s written call light policy.
Surveyors found that multiple resident rooms and two halls were not maintained in a clean and sanitary condition. Bathrooms in several rooms had brown or gray stains in corners and around toilets, and some showers and room floors had dark or built-up dirt along edges, near closets, and by beds and walls. Air conditioning vents and filters in several rooms were observed with black grime or thick dust. Handrails on two halls had debris, including tissue with a red-brown substance, candy wrappers, gum, plastic, and paper wedged between the rails. Sharps containers in several rooms had used gloves and trash placed on top. The Administrator and housekeeping staff confirmed that housekeeping was responsible for cleaning rooms, bathrooms, floors, handrails, and air conditioning units, and staff acknowledged that the observed conditions were a health hazard and could cause infection.
The facility failed to follow its own infection control practices and physician orders for three residents requiring respiratory care. A resident with COPD had a nasal cannula and nebulizer mask connected to equipment that were not bagged or dated when not in use, despite orders for weekly changes. Another resident with asthma had an unbagged, undated nasal cannula and an oxygen humidifier bottle that was partially full, cracked, and dated from a prior week. A third resident with COPD had both nasal cannula and nebulizer mask unbagged and undated, despite orders for weekly equipment changes and monitoring of pulse, O2 sat, treatment time, and lung sounds. Staff, including a CNA, an LVN, and the DON, acknowledged that equipment should always be bagged, dated, and changed per schedule to prevent infection, consistent with the facility’s infection prevention and control policy.
Surveyors found that staff failed to administer multiple residents’ scheduled medications within the facility’s one-hour administration window, despite active orders for numerous drugs treating conditions such as DM, HTN, CHF, dementia, seizures, and hypothyroidism. During a morning med pass, a med tech had not completed 8:00 a.m. and 9:00 a.m. medications by late morning, and staff interviews confirmed that medications were required to be given within a defined time range. In addition, staff did not consistently check BP before dispensing medications with BP parameters, did not keep a milk-based Med Pass nutritional supplement refrigerated or on ice as required by manufacturer directions and facility protocol, and failed to date most insulin vials when opened, contrary to facility policy. These actions and inactions showed that pharmaceutical services, including accurate dispensing, administration, and storage of medications and biologicals, were not provided as required for the residents reviewed.
Failure to Assess, Order, and Care Plan Bed Rail Use Resulting in Fatal Entrapment
Penalty
Summary
The deficiency involves the facility’s failure to follow its own policy and regulatory requirements for the assessment, ordering, care planning, and safe use of bed rails for a cognitively impaired resident. The resident was an elderly female with severe dementia, repeated falls, a fractured neck of the left femur, cognitive communication deficit, and a need for assistance with personal care. Her admission MDS showed a BIMS score of 03, indicating severe cognitive impairment, and documented that she required substantial staff assistance with bed mobility and was completely dependent on staff for transfers from bed to chair. Despite these needs, her care plan addressed ADL self-care performance deficits related to dementia and included interventions for bed mobility requiring one staff member to assist with repositioning, but it did not mention bed rails or any risk of entrapment. The facility obtained a bed rail consent form signed by the resident’s family member, which listed multiple potential dangers of bed rail use, including suffocation and various forms of entrapment that could cause injury or death. However, from the time of admission through the date of the incident, there was no documented bed rail safety or entrapment risk assessment for this resident, no physician order for bed rails, and no inclusion of bed rail use in the resident’s care plan. Maintenance staff reported that a charge nurse verbally requested installation of bed rails on the resident’s bed, and he believed the usual clinical steps—assessment, IDT review, consent, and physician order—had already been completed, but he had no documentation of when the rails were installed. The DON later confirmed that, for this resident, the required risk of entrapment assessment, physician order, and care plan focus for bed rails were not completed, and alternatives to bed rails were not attempted prior to installation, contrary to facility policy. On the night of the incident, a CNA observed the resident resting calmly around 2:00 a.m. During a subsequent round close to 5:00 a.m., the CNA found the resident partially out of bed with her head pinned between the assist bar/bed rail and the mattress, and notified the LVN. The LVN’s written statement described finding the resident seated on the floor on the right side of the bed, off the mattress, with her head resting between the side rail and the mattress, unresponsive. CPR was initiated and EMS was called, but the resident was later pronounced deceased. The county medical examiner reported that the resident had bruising and abrasions around the neck and jawline and hemorrhaging in the neck muscles, injuries consistent with being trapped between the mattress and bed rails, and indicated that the likely cause of death would be strangulation on the bed rails or asphyxiation on the mattress. Subsequent observation of the bed showed 1/3 bed rails of the same make and model as the bed frame and a low air loss mattress; while the rails were not loose and there was little space when the mattress was fully inflated, the air mattress could be compressed enough to create significant space between the mattress and rails. The facility’s failure to conduct a bed rail entrapment risk assessment, obtain a physician order, and incorporate bed rail use into the care plan prior to installation led to the resident’s entrapment and death, and constituted noncompliance identified as past Immediate Jeopardy. The facility’s written bed rail policy required that appropriate alternatives be attempted before installing bed rails, that the IDT assess each resident for entrapment risk, that risks and benefits be reviewed with the resident or representative, that informed consent be obtained prior to installation, and that manufacturer instructions and compatibility of bed, mattress, and rails be verified. It also required updating the care plan to reflect the need or choice for bed rails. In this case, staff interviews and record review showed that these steps were not followed for the resident involved. The DON acknowledged that the process did not occur as required, that the IDT did not meet to assess the resident for entrapment risk, and that the bed rails were installed based on the responsible party’s request without the mandated clinical review and documentation. This sequence of omissions and deviations from policy directly preceded the resident’s fatal entrapment between the bed rail and mattress.
Removal Plan
- Notify Medical Director
- Notify Ombudsman
- Conduct ad hoc QAPI
- DON to provide education to trainers regarding abuse and neglect
- Review admissions processes regarding bed rails and complete in-service with DON, ED, and IDT
- Provide in-service to all nurses involved with admissions process regarding bed rails
- Audit bed rails currently in use
- Inspect bed rails currently in use
- Verify consent on file for all bed rails in use
- Verify order and care plan for all bed rails
- Complete bed rail safety evaluation for all residents with bed rails
- Audit low air loss mattresses currently in use
- Verify order and care plan for all low air loss mattresses in use
- Complete fall risk assessment for all residents with low air loss mattress
- Provide staff education regarding use of enabler/bed rail
- Provide staff education regarding false safety
- Provide staff education regarding low air loss mattress
- Audit admissions for completion
- Audit low air loss mattresses and bedside rails
- Conduct ongoing monitoring for improvement to be reviewed at QAPI
Failure to Assess and Manage Pain During Wound Care for a Nonverbal Resident
Penalty
Summary
The deficiency involves the facility’s failure to provide safe, appropriate pain management consistent with professional standards of practice and the resident’s needs during wound care. A female resident with severe cognitive impairment (BIMS score of 00) was admitted with multiple pressure-related skin conditions, including a left heel deep tissue injury (DTI), right heel DTI, an unstageable sacral pressure injury, a left heel ulcer, a right bunion DTI, and other bruising/discoloration. Her MDS Care Area Assessment did not trigger for pain and no care planning decision for pain was documented. The resident’s care plan contained detailed entries for her multiple wounds but did not include any care plan for pain, despite the presence of significant pressure injuries and ongoing wound care orders. Record review showed the resident had an active PRN order for acetaminophen 500 mg every 6 hours as needed for pain and an order for Doxycycline for the sacral wound, as well as twice-daily wound care orders for the unstageable sacral pressure injury. The MAR for the month showed that no acetaminophen had been administered since early in the month, even though wound care was being performed twice daily. During an observed attempt to perform wound care, the resident was dependent for mobility and required staff to roll and reposition her. When staff attempted to roll her for treatment, she winced, cried out "Oh my God" in Spanish, and displayed furrowed eyebrows and facial expressions consistent with pain. CNAs assisting with care noted that she appeared to be lying on the wound, that her wounds often drained, and that there was a foul odor and visible brownish-green drainage on her brief and positioning towels. Despite these signs, the treatment nurse could not confirm whether the resident had been assessed for pain or medicated prior to the procedure and was unsure of the resident’s primary language. During this same encounter, the resident was noted by the surveyor and CNAs to feel warm to the touch, and her wounds and dressings showed green, brown, or red drainage. The treatment nurse and CNAs acknowledged the resident felt warm, but the charge nurse (LVN) initially stated there was no indication the resident was in pain or needed vital signs assessed and only checked the resident’s temperature after being prompted by the surveyor. The LVN reported a normal temperature using a contactless thermometer, was unsure if the resident had any pain medication orders, and did not initially perform a direct pain assessment. Subsequent interviews revealed that the wound care NP had observed increased necrotic tissue and odor in the sacral wound the prior week and that the resident had been frequently combative, refusing wound care by kicking and biting, but this behavior had not been considered as a possible reaction to pain. CNAs later described the resident’s facial expressions and reactions during repositioning as indicating pain, while the LVN reported feeling pressured and nervous during the surveyor’s questioning and could not clearly describe having assessed the resident for pain during her shift. The resident’s responsible party stated they had not been informed of wound odor, infection concerns, or antibiotic orders and believed the resident was receiving pain and fever medications, later expressing shock upon reviewing video that showed wound care being attempted without medication. The facility’s own pain assessment and management policy stated that residents should be assessed for pain at admission and ongoing, monitored for pain with changes in condition, and that procedures such as moving or wound care can cause pain. It also directed that pain management interventions be consistent with the resident’s goals and documented in the care plan, and that underlying causes of pain, including skin/wound conditions like pressure ulcers, be addressed. In this case, the resident with multiple pressure injuries and ongoing wound care had no pain care plan, no documented pain assessment using appropriate tools for severe dementia, and no administration of ordered PRN pain medication in the weeks preceding the observed event, despite clear non-verbal signs of pain during wound care attempts. These actions and omissions led surveyors to determine that the facility failed to ensure pain was assessed and treated prior to wound care, resulting in the resident crying out and exhibiting pain behaviors when touched or moved.
Removal Plan
- Amend treatment orders to require pain evaluation prior to treatments and medication if indicated upon re-admission.
- Provide additional 1:1 education to CNA A, CNA B, LVN A, and the facility treatment nurse specific to issues identified in the preliminary fact analysis.
- Nursing leadership (DON/designees) to conduct facility rounds on all residents to ensure no unreported or undocumented changes in pain levels; audit all wound care orders to ensure pain management orders are present as indicated.
- Complete house-wide pain assessments; communicate any reported pain to the charge nurse for medication administration if indicated and complete follow-up assessment to ensure effectiveness.
- Re-educate licensed nurses on change in condition, pain assessment and management, administering pain medications, and the pain-clinical protocol (including identifying situations where increased pain may be anticipated such as wound care, ambulation, repositioning, and reviewing the critical element pathway for pain recognition and management).
- Re-educate all non-licensed nursing staff on recognizing change in condition/status including changes in pain levels and proper reporting using STOP AND WATCH Alert in PCC/point-of-care documentation and/or direct communication to the charge nurse; re-educate staff not working prior to their next scheduled shift.
- Educate the Facility Administrator and DON by the Divisional President of Operations on standards of care, pain management, and quality oversight.
- Validate staff education via completion of a quiz and acknowledgement covering recognition of changes in condition, proper notification procedures, and pain assessment and management.
- Review and validate the pain assessment and management policy to ensure alignment with regulatory requirements (no changes required).
- Implement monitoring: change in condition/pain assessment audits (review 24-hour summary report and nurse progress notes; ensure changes are reported to the provider and documented; ensure pain assessments are completed prior to treatments); review audit results in IDT/QAPI meetings and address issues immediately, including provider communication.
Unsecured Mechanical Lifts Left Unlocked in Resident Hallway
Penalty
Summary
The deficiency involves the facility’s failure to keep the environment as free of accident hazards as possible in the hallway adjacent to the 300 Hall, specifically related to unsecured mechanical lifts. Surveyors repeatedly observed three mechanical lifts parked in this hallway that were unlocked and unsecured on multiple occasions over three consecutive days at various times. These observations showed that the lifts remained in an unsecured state while not in use, in an area used for storing and charging them. During interviews, an RN assigned to the 300 Hall stated she was unaware that the three mechanical lifts parked in the adjacent hallway were unlocked and unsecured, despite being stationed at the nearby nurses’ station. She reported having received in‑service training on mechanical lift safety and storage but could not recall when the training occurred. The RN acknowledged that mechanical lifts were supposed to be locked when not in use and confirmed that the three lifts observed were the only ones she used for residents and that they were stored in that hallway to be charged when not in use. She also stated that she typically did not check the parked lifts to verify they were locked and secured. A CNA assigned to the same hall similarly reported being unaware that the three mechanical lifts were unlocked and unsecured, despite also having received in‑service training on mechanical lift safety and storage and being unable to recall when that training last occurred. The DON stated she was unaware that the three lifts had been left unlocked and unsecured over the three days of observation and confirmed her expectation that all mechanical lifts be locked when not in use. The DON stated that all staff had been educated on proper mechanical lift usage and safety but could not recall when the last in‑service training occurred. The DON and Administrator both reported that the facility did not have a policy addressing accidents and hazards related to mechanical lift safety and storage, and the existing “Total Mechanical Lift” policy did not contain information on accidents and hazards related to lift safety and storage.
Food Storage, Labeling, and Temperature Monitoring Deficiencies in Kitchen
Penalty
Summary
Surveyors identified a deficiency in the facility’s food storage and handling practices in the main kitchen. During an observation of the walk-in refrigerator, they found a zip-top bag containing meat slices that was not fully sealed and exposed to air. They also observed one gallon container of sauce with black drippings on the handle and one jar of sauce with yellow, dried drippings around the rim. A container held approximately ten overripe whole bananas with black peels, and three whole eggs were left uncovered and exposed to air in an unlabeled and undated bowl. Additionally, temperature logs for two reach-in refrigerators and one reach-in freezer were missing the PM shift temperature checks and signatures for a specific date. In interviews, dietary staff, the Dietary Manager, and the Administrator confirmed that these conditions were inconsistent with facility policies and expected practices. Dietary staff stated that temperature logs were to be completed at the start and end of each shift by cooks and dietary aides, and that the Dietary Manager was responsible for ensuring completion. They explained that eggs should be returned to their original container or stored sealed, labeled, and dated; overripe bananas should be discarded; zip-top bags should be fully sealed; and jars and gallon containers should be wiped down after each use. The Dietary Manager and Administrator reiterated that all open food must be securely covered, labeled, and dated, and that fruits and vegetables showing visible damage or rot should be discarded, consistent with written facility policies on food storage and dietary food service personnel responsibilities.
Failure to Follow Physician Orders for Lymphedema Leg Wraps and Accurate Documentation
Penalty
Summary
The deficiency involves the facility’s failure to provide treatment and care in accordance with physician orders and professional standards of practice for one resident with lymphedema. The resident was an adult male with multiple diagnoses including cardiac arrhythmia, musculoskeletal symptoms, osteitis deformans of multiple sites, eye and adnexa disorder, lymphedema, major depressive disorder, prostate disorder, chronic pain, hypokalemia, COPD, muscle weakness, lack of coordination, epilepsy with complex partial seizures, unsteadiness on feet, and other gait and mobility abnormalities. His Quarterly MDS showed a BIMS score of 15, indicating intact cognition, and he was dependent for toileting hygiene, showering/bathing, and personal hygiene. Physician orders on the March MAR included ace wraps to both lower extremities every morning and removal every evening, along with edema checks every shift. On the survey date, record review of the March MAR showed that the charge nurse had documented completion of the resident’s morning leg wrap treatment, but when the surveyor reviewed the resident at 11:21 a.m., he was observed sitting in his wheelchair with his legs not wrapped. At 11:50 a.m., the MAR still reflected that the treatment was completed, despite the wraps not being in place. The resident reported he had severe leg swelling due to lymphedema and stated his legs were supposed to be wrapped daily, but the last time they had been wrapped was about a week prior. He stated that whether his call light requests for treatment were answered depended on who responded, and that staff sometimes did not return to complete his care, which made him feel bad. In interviews, Charge Nurse A acknowledged that it was not normal nursing practice to document treatment before completion and stated that the resident normally received leg wraps after his shower, but that morning the resident had not yet had a shower. CNAs provided differing accounts: one CNA stated the wraps were always on during bed baths but did not bathe the resident that day; another CNA stated that sometimes the resident’s legs were wrapped and sometimes not, that his legs were not wrapped that day, and that she had given him a bed bath that morning; a third CNA stated she had never seen his legs unwrapped. The NP explained that the purpose of the wraps was to enhance circulation due to lymphedema. The DON confirmed the resident had bilateral leg wrap orders in the morning and removal in the evening, and that she was informed around midday that his legs were not wrapped. The Administrator stated she knew the resident’s legs were wrapped but did not know why, and both the DON and Administrator stated that documentation of treatment should occur after the treatment is performed, consistent with the facility’s documentation policy, which prohibits false information in the medical record.
Failure to Accurately Assess, Care Plan, and Treat Pressure Ulcers for Multiple Residents
Penalty
Summary
The deficiency involves the facility’s failure to provide pressure ulcer care consistent with professional standards, including accurate assessment, staging, measurement, care planning, and implementation of ordered treatments for multiple residents with pressure injuries. For one resident with hemiplegia, vascular dementia, incontinence, low body weight, and an admission Braden score indicating risk, the facility did not consistently identify and document all existing wounds. Her care plan listed only a left heel pressure wound and omitted a sacral wound. Weekly skin assessments from late January through March repeatedly failed to document the sacral wound after its initial identification, and heel wounds were inconsistently documented without required measurements or staging. On several dates, the weekly skin assessment was left blank or lacked measurements, despite physician documentation that the left heel wound progressed from Stage 3 to Stage 4 with increasing size. The treatment administration record (TAR) also showed missing documentation of ordered wound treatments to the sacrum and left heel on multiple dates, with no corresponding nursing notes indicating that care was provided. A second resident with hemiplegia, vascular dementia, diabetes, malnutrition, peripheral vascular disease, incontinence, and significant weight loss was identified as at risk for pressure ulcers but initially had no documented pressure wounds. Her care plan, last updated the previous year, addressed only potential for pressure ulcer development and other skin integrity risks, and did not reflect a current sacral pressure wound. However, physician orders and TAR entries showed daily treatment to a sacral wound, and weekly skin assessments documented a sacral wound beginning in mid-February. These assessments frequently lacked staging and, at times, lacked complete measurements. Over several weeks, documentation showed the sacral wound increasing in size and evolving from MASD to an unstageable wound and then to a Stage 4 pressure injury requiring surgical debridement of devitalized tissue, including subcutaneous tissue, muscle fascia, and tendon. Despite this progression and ongoing wound physician involvement, the resident’s care plan was not updated to reflect the current pressure injury and specific wound care interventions. A third resident with dementia, Alzheimer’s disease, muscle weakness, incontinence, and an initially non-risk Braden score that later declined to moderate risk had an unstageable sacral pressure ulcer present on admission and MASD. Her care plan included potential for pressure ulcer development, an unstageable sacral pressure ulcer related to immobility, and a wound infection requiring oral antibiotics. Physician orders directed weekly skin assessments and specific daily and evening wound treatments to the sacral area. However, the March TAR showed multiple dates where ordered sacral wound treatments and topical medication for left upper buttock redness were not documented as given, and nursing progress notes did not show that wound care was provided on those dates. Weekly skin assessments for this resident were inconsistent, with several assessments in early January documented as refused or limited, alternating between noting arm discoloration and no skin issues, and later assessments intermittently omitting the sacral wound or lacking measurements and staging. Wound physician notes documented an unstageable sacral pressure injury with rapid clinical decline and later a Stage 3 pressure injury that had increased in size, but these changes were not consistently mirrored in the facility’s weekly skin assessment documentation. Interviews with nursing staff and leadership further described systemic issues contributing to the deficiency. The treatment nurse stated she could not stage wounds and relied on the DON or wound physician for staging, and that she was responsible for updating care plans when new pressure injuries were identified, though she was unsure of the required timeframe. She also reported that she performed nearly all weekly skin assessments for approximately 96 residents Monday through Thursday, with no assessments scheduled on Fridays unless there was a new admission, and that wound measurements were typically taken only when the wound physician visited, after which she transferred his measurements into the weekly skin assessments. The DON and ADON indicated that the treatment nurse was responsible for all wound care planning, weekly skin assessments, and ensuring documentation, and acknowledged that missing or inconsistent wound measurements and documentation on weekly skin assessments would prevent the facility from determining whether wounds were improving or worsening. Facility policies required full assessment and documentation of pressure ulcers, including location, stage, length, width, depth, exudate, and necrotic tissue, as well as complete wound care documentation, but the records for these three residents showed repeated omissions and inconsistencies in assessment, staging, measurement, care planning, and documentation of ordered treatments.
Failure to Ensure Accessible Call Lights for Multiple Residents
Penalty
Summary
Surveyors identified a deficiency in the facility’s failure to reasonably accommodate resident needs and preferences by not ensuring that call lights were accessible to four residents reviewed. For one male resident with a skull fracture, a baseline MDS showing he was a fall risk and unable to complete the BIMS interview, and a care plan indicating he required assistance with ADLs, observation showed he was lying in bed with his call light positioned at the head of the bed, out of his reach. A second male resident, with diagnoses including need for assistance with personal care, stroke, and dysphagia, and a quarterly MDS indicating he was unable to complete the BIMS interview, had a care plan intervention specifying that his call light should be within reach; however, observation found him lying in bed with his call light on the floor, out of reach. A third resident, a female with lack of coordination, unsteadiness on her feet, repeated falls, and severe cognitive impairment (BIMS score of 1), had a care plan intervention to ensure her call light was within reach, yet she was observed lying in bed with her call light placed on her roommate’s bed. A fourth male resident with right-sided paralysis, intact cognition (BIMS 14), and a care plan identifying him as a fall risk with an intervention to keep his call light within reach, was observed lying in bed with his call light on the nightstand, out of reach. During interviews, a CNA, an LVN, and the DON each stated that call bells should always be within residents’ reach and that all staff are responsible for ensuring this, and acknowledged that lack of accessible call bells could result in accidents, falls, avoidable injuries, delayed care, and unmet needs. The facility’s written policy on call lights required staff to place the call device within the resident’s reach before leaving the room.
Failure to Maintain Clean Resident Rooms and Hallway Handrails
Penalty
Summary
Surveyors identified a deficiency in the facility’s failure to provide a safe, clean, comfortable, and homelike environment, as required by the facility’s Resident Rights policy. During observations on the 300 and 400 halls, surveyors noted that handrails contained debris, including a piece of tissue with a red and brownish substance on the 300 hall and candy wrappers, gum, clear plastic materials, and large pieces of paper wedged between the rails on the 400 hall. Multiple resident rooms on these halls were found with unclean and unsanitary conditions. Several bathrooms had brownish or grayish stains in the corners of the floors and around toilets, as well as dark stains along floor edges, in corners, and in showers. Room floors showed built-up dirt near closet doors, door frames, and along floor edges, with brownish or dark stains near beds and walls. Additional observations revealed that air conditioning unit vents and filters in several rooms had black grime or thick dust accumulation. In multiple rooms, sharps containers used for needle disposal had used, dirty or disposable gloves and pieces of trash placed on top of them. During interviews, the Administrator stated that housekeeping services were provided seven days a week, with cleaning in the morning and evening, and that housekeeping was expected to thoroughly clean resident rooms and facility areas. A housekeeper assigned to the 300 and 400 halls confirmed responsibility for cleaning entire rooms, bathrooms, floors, and wiping down handrails, stating that handrails were wiped at least once a week and acknowledging that the observed conditions were a health hazard. The Housekeeping Supervisor confirmed that housekeeping and floor technicians were responsible for cleaning hallways, floors, handrails, entire rooms, bathrooms, and air conditioning units, and acknowledged that not thoroughly cleaning rooms and handrails could cause an infection.
Improper Storage and Maintenance of Oxygen and Nebulizer Equipment
Penalty
Summary
Surveyors identified that the facility failed to provide respiratory care consistent with professional standards, physician orders, and the infection prevention and control program for three residents receiving oxygen and nebulizer treatments. For a male resident with COPD, record review showed physician orders to change tubing, clean filters, and change the O2 water bottle and nebulizer kit weekly on night shift every Saturday. However, observation revealed that his nasal cannula connected to the oxygen concentrator and his nebulizer mask connected to the nebulizer machine were not bagged or labeled with a date when not in use. For a female resident with asthma, physician orders directed weekly changes of tubing, filter cleaning, and O2 water bottle changes, but observation showed her nasal cannula connected to the oxygen concentrator was not bagged or labeled, and an oxygen humidifier bottle left on the nightstand was only one-quarter full, cracked, and dated from an earlier date. A female resident with COPD had physician orders to change tubing, clean filters, and change the O2 water bottle and nebulizer kit weekly, as well as orders to obtain and record pulse, O2 saturation, treatment minutes, and lung sounds in relation to nebulizer treatments. Observation found that her nasal cannula connected to the oxygen concentrator and nebulizer mask connected to the nebulizer machine were not bagged or labeled with a date when not in use. Staff interviews with a CNA, an LVN, and the DON confirmed that facility practice and expectations were for oxygen tubing and nebulizer masks to be bagged and dated when not in use, with bags changed weekly or as needed, and for humidifier bottles to be changed regularly. The DON stated that failure to follow these practices could be an infection control issue leading to serious health consequences. The facility’s written Infection Prevention and Control Program policy emphasized decreasing infection risk, recognizing infection control practices during care, and ensuring compliance with infection control regulations, which was not followed in these observed instances.
Medication Administration, Monitoring, and Storage Failures During Med Pass
Penalty
Summary
The deficiency involves the facility’s failure to provide pharmaceutical services that ensured accurate acquiring, receiving, dispensing, and administering of medications and biologicals for all 10 residents reviewed for pharmacy services. Record reviews showed that multiple residents had active physician orders for medications to treat conditions such as Type 2 diabetes, dementia, end-stage renal disease, hypertension, heart failure, schizophrenia, bipolar disorder, hypothyroidism, seizures, neuropathy, and pain. These medications included antihypertensives (such as amlodipine, hydralazine, metoprolol, benazepril, nifedipine), anticoagulants (Eliquis), antidiabetics (metformin, insulin), antipsychotics (olanzapine, quetiapine), anticonvulsants (levetiracetam), thyroid replacement (levothyroxine), heart failure medications (furosemide, carvedilol, isosorbide dinitrate), and others such as gabapentin, baclofen, galantamine, and lidocaine patches. During observation of a morning medication pass, surveyors noted that Med Tech F had not finished passing morning medications on two hallways between 10:15 a.m. and 11:14 a.m., even though those medications were scheduled for 8:00 a.m. and 9:00 a.m. This meant that residents’ medications were administered more than one hour after their scheduled administration times, contrary to the facility’s stated one-hour before or after administration window. Interviews with Med Tech F, LVN A, and the DON confirmed that facility practice and policy required medications to be given at the ordered times within that window to maintain effectiveness and comply with physician orders. The facility also failed to follow required procedures related to medication parameters and storage. Med Tech F and LVN A stated that medications with blood pressure check parameters required a blood pressure reading before dispensing the medication into a cup, but the report states the facility failed to check one resident’s blood pressure before dispensing medication. Additionally, observations and interviews revealed that the Med Pass liquid nutritional supplement, described as milk-based, was not kept refrigerated or on ice during medication administration, despite manufacturer directions and facility protocol requiring it to be refrigerated or kept on ice. Further, review of insulin storage on three halls showed that 12 of 14 insulin vials were not dated with the date of first use, even though LVN A, LVN B, and the DON stated that facility policy required insulin vials to be dated when opened and discarded after a specified period (generally 28–30 days). These failures placed residents at risk for receiving medications outside ordered time frames and using insulin vials without a known open date. Facility policy and procedure for medication administration (Policy Number 7C) required that medications be administered as prescribed by the resident’s physician, in accordance with written orders and the resident’s service plan, and that routine medications be administered per facility time ranges unless otherwise specified. The policy also required that medications be recorded on the MAR, that resident identification be verified prior to administration, and that medications be administered according to the dosage schedule on the MAR. Staff interviews confirmed awareness of these requirements, including the need to date insulin vials upon opening and to maintain proper storage conditions for nutritional supplements. Despite this, the observed late medication administration, failure to check blood pressure before dispensing certain medications, failure to keep Med Pass on ice or refrigerated, and failure to date insulin vials demonstrated noncompliance with the facility’s own medication administration and pharmaceutical services procedures for the residents reviewed.
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