Bayside Of Poquoson Health And Rehab
Inspection history, citations, penalties and survey trends for this long-term care facility in Poquoson, Virginia.
- Location
- 1 Vantage Drive, Poquoson, Virginia 23662
- CMS Provider Number
- 495264
- Inspections on file
- 17
- Latest survey
- March 27, 2025
- Citations (last 12 mo.)
- 0
Citation history
Health deficiencies cited at Bayside Of Poquoson Health And Rehab during CMS and state inspections, most recent first.
A resident with advanced dementia and severe cognitive impairment was found to have fall mats in their room that were soiled with stains, debris, and shoe prints. The mats, intended as a safety intervention for fall risk, were not kept clean, and staff were observed standing on them, indicating a failure to maintain sanitary resident equipment.
Facility staff did not create a person-centered care plan for a resident with a PEG tube, despite the resident's severe cognitive impairment and visible site issues such as leakage and irritation. The care plan lacked any mention of the PEG tube, even though physician orders for site care and flushing were present. The resident's family was observed providing care to the site, highlighting the absence of staff intervention.
Facility staff failed to provide consistent hygiene care and assistance with activities of daily living for two dependent residents. One resident received only sporadic showers and was not shaved as scheduled, while another was not offered or provided assistance with shaving unwanted hair, despite both being coded as dependent for these tasks in their care plans and assessments.
A resident with neurogenic uropathy and urinary retention was observed multiple times with an unsecured Foley catheter, as the stat lock device was improperly wrapped around the tubing instead of stabilizing it. Staff and DON confirmed the catheter was not appropriately secured, in violation of the care plan and physician orders.
A resident with a history of stroke and sleep apnea did not consistently receive proper C-PAP therapy as ordered, with reports of the device being misapplied and water entering the mask and tubing. Staff did not ensure the device was correctly in place or investigate when the resident removed it, resulting in inadequate respiratory care.
An LPN was observed leaving a medication cart unlocked and unattended while administering medications to multiple residents, making drugs accessible to unauthorized individuals. The Administrator later secured the cart but did not address the issue with the LPN. The administrative team was informed of the findings and did not provide comments.
A resident who had recently undergone a breast biopsy was not properly assessed or monitored for wound infection by facility staff, despite visible drainage and changes in condition. The lack of communication and documentation regarding the surgical site led to the resident developing sepsis and requiring hospitalization. Staff and the PA were unaware of the biopsy and its aftercare needs, and relevant medical information was not accessible in the primary EHR system.
A resident with a PEG tube and severe cognitive impairment was observed with improper tube positioning, leakage, and skin irritation at the insertion site. The care plan did not address the PEG tube, and there was no specific physician order for the tube itself. Staff did not consistently provide necessary site care, and the resident's family member was seen performing dressing changes. The site was later found to be irritated due to a fungal infection.
Facility staff did not maintain a complete and accessible medical record for a resident who underwent a breast biopsy, resulting in missing progress notes and lack of documentation regarding post-procedure monitoring. Key information was only found in an electronic health record system that staff and surveyors were not aware of or trained to use.
Facility staff did not ensure proper collaboration and documentation with hospice agencies for three residents receiving end-of-life care, resulting in missing or incomplete care plans, lack of hospice participation in care plan meetings, and insufficient integration of hospice documentation into the facility's records.
The facility failed to ensure that five CNAs completed the required twelve hours of in-service training, including dementia management and abuse prevention. Interviews revealed that CNAs could not recall completing the training, and the DON admitted that training had not been a focus. The Administrator and Corporate Consultants did not comment on the findings.
The facility's kitchen and storage areas were found unsanitary, with a rusty drawer, open and dirty food bins, and mouse droppings. A sticky trap was covered with insect carcasses, and mildew was present on a closet door. The Dining Services Manager admitted to a mouse problem and lack of communication with maintenance.
The facility failed to implement an effective pest control program, affecting dining services. During an inspection, open and dirty bins of flour, sugar, and rice were found in the dry storage room, along with food debris and a black sticky substance on the floor. Mouse droppings and a dead mouse were discovered near a trap, and a sticky trap was covered with insect carcasses. The Dining Services Manager admitted to a mouse problem, and despite being informed, no further action was taken by the Regional Manager.
A resident with multiple medical conditions was found in an undignified state, dressed only in an incontinent brief without a top sheet or blanket. The resident, who was cognitively intact, expressed a desire to wear clothes and was unable to get assistance as the call bell was disconnected and placed on the side of the bed affected by his stroke. The bed was elevated to an unsafe height, and the door was closed, which was reportedly the resident's preference. A CNA acknowledged the inappropriate bed height and unplugged call bell, but no satisfactory explanation was provided for the oversight.
The facility staff failed to ensure the survey results book was accessible during the initial entrance. A sign in the main lobby indicated the book's location, but it was not found. The administrator had kept the book in his office since expecting surveyors. These findings were shared with the Administrator, DON, and corporate staff.
The facility failed to provide a clean, comfortable, and homelike environment for residents in three rooms, with issues such as unrepaired drywall gouges and poor-quality linens. Observations included residents with stained or missing bedding. Staff interviews revealed a lack of communication and reporting regarding maintenance and linen quality, with no maintenance logs indicating reported issues.
The facility failed to update care plans for two residents, one with a brain injury and behaviors, lacking specific goals and a behavior modification plan, and another with contractures, not reflecting discontinued fall mats and use of splints. Medication oversight was also inadequate, with no monthly reviews for a resident on psychotropic drugs. These issues were noted by surveyors, and the facility's administration could not provide further documentation.
Two residents in an LTC facility did not receive their prescribed medications due to staff oversight. One resident did not receive prn Senna for constipation due to a failure in the bowel movement tracking system, while another missed three doses of gabapentin for neuropathy because staff did not check the stat box for availability. These deficiencies were identified during a survey and shared with the facility's administration.
A resident with multiple health conditions did not receive scheduled showers due to a preference against late-night bathing, leading to refusals. Facility staff were unclear about documentation codes for refusals, resulting in inconsistencies in care records. The administrator was informed of these findings.
The facility failed to ensure pharmacy recommendations were obtained and acted upon for two residents, leading to a deficiency in the medication regimen review process. A resident with a complex medical history did not have the required monthly Medication Regimen Review (MRR) completed for 2024, and another resident's pharmacy review documents were not scanned into the electronic health record. The Director of Nursing admitted that MRRs were kept in a binder, inaccessible to staff, and not incorporated into the electronic system, highlighting a systemic issue in documentation practices.
A resident received PRN Lorazepam for anxiety without a stop date, exceeding the 14-day limit without proper documentation. The medication was administered multiple times over several months, and the DON acknowledged the lack of required documentation during a meeting.
An inspection revealed that facility staff failed to ensure medications were not expired and were properly labeled. A medication cart audit found insulin pens without open dates and a vial without a resident name. Additionally, expired Lorazepam tablets were found in the Stat box. An LPN and the DON acknowledged the responsibility of nurses to check expiration dates, and the Administrator was informed of these issues.
Failure to Maintain Clean and Sanitary Fall Mats for Resident
Penalty
Summary
Facility staff failed to maintain clean and sanitary resident equipment for one resident with advanced dementia, paranoid schizophrenia, and severe protein-calorie malnutrition. The resident was assessed as having severe cognitive impairment, including long and short-term memory problems and severely impaired decision-making abilities. The resident's care plan identified a risk for falls, with interventions including the use of two fall mats placed on either side of the bed for safety. During multiple observations, the fall mats were found to be soiled with dark stains, bread crumbs, debris, and shoe prints. Staff were also observed standing on the mats, and the mats were not kept clean as required. These findings were confirmed through staff interviews, which acknowledged the condition of the mats and the lack of regular cleaning and disinfection.
Failure to Develop Person-Centered Care Plan for PEG Tube
Penalty
Summary
Facility staff failed to develop a person-centered care plan addressing the needs of a resident with a percutaneous endoscopic gastrostomy (PEG) tube. The resident, who had diagnoses including vascular dementia and chronic gastric outlet obstruction status post PEG tube placement, was assessed as having severely impaired cognitive abilities. During an observation, the resident's daughter was seen managing the PEG tube site, which showed signs of leakage and irritation, and the external bumper was positioned too far from the abdominal skin. The daughter cleaned and dressed the site herself, indicating a lack of staff intervention at that time. A review of the resident's care plan revealed no problem or intervention related to the PEG tube, despite existing physician orders for daily site care and regular flushing of the tube. The absence of a specific care plan for the PEG tube, combined with the observed site condition and family involvement in care, demonstrated that the facility did not fully address the resident's needs related to the PEG tube. Administrative staff were informed of these findings and did not provide comments or express concerns during the exit interview.
Failure to Provide Hygiene Care and Assistance with Activities of Daily Living
Penalty
Summary
Facility staff failed to provide adequate hygiene care and assistance with activities of daily living for two dependent residents. One resident, who had a history of stroke with left hemiplegia and moderate cognitive impairment, reported receiving only one shower since admission, despite being scheduled for two showers per week. Documentation confirmed a lack of showers in January, with only sporadic showers documented in February and March. The resident also reported not being shaved as scheduled, and staff interviews confirmed inconsistencies in providing this care. Another resident, with diagnoses including end stage renal disease, diabetes, hypertension, and muscle weakness, was observed with a significant amount of hair on her neck and chin. The resident expressed a desire to have the hair removed and reported that staff had never asked if she wanted it shaved. Staff interviews confirmed that personal hygiene assistance, including shaving, was not consistently offered or provided, despite the resident being coded as dependent for personal hygiene in the care plan and MDS assessment.
Failure to Secure Indwelling Catheter as Ordered
Penalty
Summary
Facility staff failed to provide required care to prevent complications associated with the use of an indwelling catheter for one resident. The resident, who was admitted following an acute hospital stay and had a diagnosis of neurogenic uropathy with urinary retention, required a Foley catheter as per physician orders and care plan. The care plan specified that the catheter should be positioned below the bladder, tubing should be free of kinks, and the catheter should be secured for safety. During observations on multiple occasions, the resident's catheter tubing was found to be unsecured, with the stat lock device wrapped around the tubing rather than properly stabilizing it. Staff interviews and direct observation confirmed that the catheter was not appropriately secured, which was also acknowledged by the Director of Nursing. The lack of proper catheter stabilization was directly observed and documented, constituting a failure to follow the resident's care plan and physician orders.
Failure to Provide Safe and Appropriate Respiratory Care
Penalty
Summary
Facility staff failed to provide necessary and appropriate respiratory care for a resident with a history of stroke, left hemiplegia, and obstructive sleep apnea. The resident was admitted following an acute hospital stay and had physician orders for C-PAP use at bedtime for acute and chronic respiratory failure with hypercapnia. The care plan specified monitoring to ensure the C-PAP mask was in place during nighttime or sleeping hours. However, the resident reported that the C-PAP was not consistently applied, and when it was, it was sometimes misapplied, resulting in water entering the mask and tubing. The resident stated that due to water splashing into his nose, he had to remove the mask and was unable to drain the tubing or reposition the mask independently. The resident also indicated that staff did not inquire about the reason for mask removal, which prevented him from explaining the improper application and water issue. These observations and resident interviews demonstrated that staff did not ensure the C-PAP was properly applied and functioning as ordered, nor did they adequately monitor or address the resident's respiratory care needs.
Unsecured Medication Cart During Medication Pass
Penalty
Summary
Facility staff failed to secure resident medications as required by professional standards. On the morning of 3/27/25, an LPN was observed passing medications on a resident hall, moving from room to room and leaving the medication cart unlocked and unattended between pulling and administering medications. This made the medications accessible to unauthorized individuals. Later, the Administrator, accompanied by visitors, noticed the unattended, unlocked medication cart in the hallway and closed the locking mechanisms without addressing the issue with the LPN, who was inside a resident's room at the time. When the LPN returned, he used his key to unlock the cart and continued his medication pass. The LPN was not available for interview later that day, and when the findings were shared with the administrative team, they had no comments or concerns.
Failure to Monitor and Assess Surgical Wound Resulting in Sepsis
Penalty
Summary
Facility staff failed to assess and monitor a surgical wound on a resident's right breast following a breast biopsy, which contributed to the resident developing sepsis and requiring hospitalization. The resident had a history of major depressive disorder and was admitted with open areas related to dermatitis on the right buttock and perineum, but there was no documentation or care plan intervention addressing the recent breast biopsy or the need for monitoring the surgical site. Staff interviews revealed that the presence of drainage from the right breast was observed, but the physician assistant (PA) was not informed of the biopsy or the need for wound monitoring, and the wound care consult was only ordered after the resident became acutely ill. Clinical records and family interviews indicated that the resident had undergone a breast biopsy prior to admission, with steri-strips in place and instructions for monitoring for infection. However, the facility's staff did not document or communicate the need for ongoing assessment of the biopsy site. The PA and other staff members were unaware of the procedure and its aftercare requirements, and the relevant discharge information was not accessible in the primary electronic health record system used by the staff. The lack of awareness and monitoring led to the resident exhibiting signs of infection, including fever, hypotension, and decreased oxygen saturation, ultimately resulting in a diagnosis of sepsis attributed to the right breast wound. Interviews with staff and family further confirmed that the resident's condition deteriorated over several days, with increased lethargy, refusal to eat, and visible drainage from the breast. The resident expressed concerns about inadequate care and safety upon hospital admission. The facility administration acknowledged that there were no progress notes or monitoring of the breast wound, and the PA confirmed he was not made aware of the biopsy or the need for wound care until after the resident was transferred to the hospital.
Failure to Provide Proper PEG Tube Care
Penalty
Summary
Facility staff failed to properly care for a percutaneous endoscopic gastrostomy (PEG) tube for one resident with vascular dementia and chronic gastric outlet obstruction. The resident was observed to have a PEG tube with the external bumper positioned too far from the abdominal skin, and the insertion site was noted to be leaking and irritated with redness and raised areas. The resident's daughter was seen cleaning and dressing the site herself, indicating a lack of staff intervention at that time. Review of the resident's care plan did not identify a problem related to the PEG tube, and there was no physician order specifically for the PEG tube, though there were orders for its management, including daily cleansing and dressing and regular flushing for patency. Further observations revealed the PEG site remained wet and the dressing was disheveled. A CNA interviewed stated it was not their responsibility to clean or dress the PEG site, but only to notify a nurse if changes were observed. The hospice nurse later identified the irritation as being due to a fungal infection, for which an antifungal had been ordered. These findings demonstrate that the facility staff did not provide appropriate care and monitoring for the resident's PEG tube as required.
Incomplete and Inaccessible Medical Record for Resident Following Breast Biopsy
Penalty
Summary
Facility staff failed to maintain a complete and accessible medical record for one resident who had a history of major depressive disorder and was admitted and later discharged from the facility. The resident underwent a breast biopsy for a mass, with the procedure and follow-up occurring while under the facility's care. The admission MDS assessment and care plan were documented, but there was a lack of progress notes and documentation regarding the biopsy and subsequent monitoring for signs and symptoms of infection in the resident's medical record accessible to staff and surveyors. During interviews, the facility administrator and DON acknowledged that there were no progress notes available and that the physician assistant (PA) was unaware of the biopsy until after the resident was discharged to another facility. The relevant documentation regarding the biopsy and follow-up was only found in a separate electronic health record system (Point Click Care Connect) that staff and surveyors were not aware of or trained to access. As a result, the facility did not maintain a complete and readily accessible medical record for the resident in accordance with accepted professional standards.
Failure to Coordinate and Document Collaborative Hospice Care
Penalty
Summary
Facility staff failed to establish and provide collaborative hospice care for three residents with advanced illnesses, as evidenced by lack of documented coordination between the facility and the hospice agency. For one resident with advanced dementia, schizophrenia, and severe malnutrition, although hospice services were elected and initiated, there was no evidence of a jointly developed plan of care or hospice participation in interdisciplinary care plan meetings. The hospice nurse confirmed non-participation in facility care plan meetings and maintained separate documentation, with only general visit records and no detailed care information in the resident's clinical record. Another resident with vascular dementia and a PEG tube was admitted for hospice services following a physician's order and hospice assessment. However, the clinical record lacked an order for hospice admission and did not document hospice participation in care plan meetings, except for two instances months apart. The hospice nurse again reported not attending facility care plan meetings and not sharing detailed care documentation, with only basic visit information available in the facility's records. A third resident with end-stage renal disease was also identified as receiving hospice care, but the facility failed to provide a hospice care plan, nurses' notes, or other relevant documentation. The care plan meeting notes did not include hospice participation, and the hospice nurse confirmed non-involvement in these meetings and separate record-keeping. Facility staff acknowledged the absence of documentation supporting hospice agency participation in care plan conferences for these residents.
Non-Compliance with CNA Training Requirements
Penalty
Summary
The facility staff failed to ensure that five sampled Certified Nurse Aides (CNAs) completed the mandatory twelve hours of in-service education and training within twelve months. This training was to include dementia management and resident abuse prevention. A review of the training transcripts and education records for CNAs #7, 6, 3, 8, and 9 revealed non-compliance with this requirement. During interviews, CNA #7 and CNA #3 could not recall if they had completed the necessary training. The Director of Nursing (DON) acknowledged that training and education had not been a focus, although there was an ongoing plan to address compliance. In a final interview, the Administrator, DON, and two Corporate Consultants did not provide comments or express concerns regarding these findings.
Unsanitary Conditions in Kitchen and Storage Areas
Penalty
Summary
The facility staff failed to maintain a clean and sanitary food preparation area, as observed during an inspection of the kitchen and storage areas. A metal drawer under a food preparation counter was found to be rusty, off its track, and littered with food debris adhered by a sticky greasy substance. In the dry storage room, large rolling bins of flour, sugar, and rice were left open and dirty, with a dried film and white food debris in the crevices of the sliding tops. The floor of the storage room was covered with food debris and a black sticky substance around the baseboards and corners. Mouse droppings were found on the floor near a mouse trap with a dead mouse, and a sticky trap behind the main door was covered with insect and spider carcasses, indicating it had been in place for a long time. A black mildew substance was observed on the backside of a closet door in the dry storage room, along with empty cardboard boxes, a broken shelf, and more food debris on the floor. The Dining Services Manager acknowledged the issues, admitting to a problem with mice and a lack of communication with the maintenance director.
Ineffective Pest Control in Dining Services
Penalty
Summary
The facility staff failed to implement an effective pest control program, which affected dining services and the facility as a whole. During an inspection of the kitchen area, several deficiencies were observed. In the dry storage room, which contained various food items, three large rolling bins of flour, sugar, and rice were found open and dirty, with a dried film and white food debris in the crevices of the sliding tops. The floor was littered with food debris and a black sticky substance around the baseboards and corners. Mouse droppings were found on the floor near a mouse trap containing a dead mouse. Additionally, a sticky trap behind the main door was covered with insect and spider carcasses, some of which were dried, indicating the trap had been in place for a long time. A black mildew substance was also found on the backside of a closet door in the dry storage room, along with empty cardboard boxes, a broken shelf, and more food debris on the floor. The Dining Services Manager admitted to the presence of a mouse problem and acknowledged that the maintenance director was unaware of the situation. Despite being informed of the issues, the Regional Manager and Dining Services Manager had no further information to provide. Upon a follow-up inspection, the same sticky trap full of insects remained unchanged, and either the same mouse trap or an identical one was still in the same location. The report indicates a lack of effective pest control measures and inadequate maintenance of cleanliness in the kitchen and storage areas, contributing to the pest problem.
Resident's Dignity and Self-Determination Not Respected
Penalty
Summary
The facility staff failed to uphold a resident's right to a dignified existence and self-determination, as evidenced by the treatment of a resident with multiple medical conditions, including dysphagia after stroke, diabetes, and end-stage renal disease. The resident, who was cognitively intact with a BIMS score of 15/15, was found in an undignified state, dressed only in an incontinent brief without a top sheet or blanket. The resident expressed a desire to wear clothes and was unable to get assistance, as the call bell was disconnected and placed on the side of the bed affected by his stroke, making it inaccessible. The resident's bed was elevated to an unsafe height, and the door was closed, which was reportedly the resident's preference. However, the resident was heard yelling for help, indicating a lack of response to his needs. A CNA acknowledged that the bed height was inappropriate for safety and that the call bell should not be unplugged. Despite the resident's request for clothing and a blanket, the CNA did not provide a satisfactory explanation for the oversight. The facility administrator was informed of these issues during an end-of-day meeting, but no further information was provided.
Survey Results Book Not Accessible
Penalty
Summary
The facility staff failed to ensure that the survey results book was readily accessible during the initial entrance of the facility. On August 26, 2024, at approximately 7:05 PM, a sign was observed on a table in the main lobby indicating that the Survey Book was kept there, but no Survey Book was found. An interview conducted at approximately 7:09 PM with the administrator revealed that the Survey Book was in his office. The administrator stated that he had kept the Survey Book since Friday, August 23, 2024, because he was expecting the surveyors to arrive at any time to survey the facility. These findings were shared with the Administrator, the Director of Nursing (DON), and corporate staff on August 28, 2024, during the final interview.
Failure to Maintain a Homelike Environment
Penalty
Summary
The facility staff failed to maintain a clean, comfortable, and homelike environment for residents in three rooms on Hall 100. Observations revealed deep gouges in the drywall by the head of the bed in multiple rooms, which had not been repaired. Additionally, residents were provided with linens that were in poor condition, including sheets and blankets with holes and stains. One resident was observed asleep with a stained blanket, while another was lying in bed with no top sheet or blanket, wearing only a brief. Interviews with facility staff highlighted a lack of communication and reporting regarding maintenance issues and linen quality. A CNA was unaware of why a resident did not have proper bedding, and an LPN indicated that maintenance repairs are only completed if reported, but she did not know if the gouges had been reported. The LPN also stated that CNAs should not use stained or torn linens and should inform the laundry department to remove them. A review of maintenance logs showed no reports of the damaged drywall, indicating a breakdown in the reporting process.
Deficiencies in Care Plan Review and Medication Oversight
Penalty
Summary
The facility failed to adequately review and revise the care plan for two residents, leading to deficiencies in their care. For one resident with a history of traumatic brain injury and behaviors, the facility did not document specific measurable goals or implement a behavioral modification care plan. Despite the resident's history of altercations and psychiatric evaluations, the care plan lacked defined interventions and did not address the resident's specific triggers or fears. Additionally, there was no evidence of a monthly Medication Regimen Review by a Registered Pharmacist, which is required for residents on psychotropic medications. Another resident, who was at risk for falls and had contractures, did not have their care plan updated to reflect the discontinuation of fall mats and the use of an elbow splint and palm guard. Staff interviews revealed that the resident was not considered a high fall risk, and the use of floor mats had been discontinued without updating the care plan. The Director of Nursing acknowledged that the care plan should be updated quarterly and with any changes in resident care, including the addition or removal of interventions. The deficiencies were brought to the attention of the facility's Administrator and Director of Nursing, who were unable to provide further documentation or evidence of corrective actions. The lack of updated care plans and oversight of medication management for residents with complex needs highlights significant gaps in the facility's care planning and review processes.
Medication Administration Failures in LTC Facility
Penalty
Summary
The facility staff failed to follow a physician's order for two residents, leading to deficiencies in medication administration. Resident #38, who was admitted after an acute care hospital stay and diagnosed with essential hypertension, did not receive the prescribed prn Senna for constipation. Despite having a bowel movement tracking system that alerts staff if a resident hasn't had a bowel movement in three days, the system failed to notify the staff, and the resident went six days without a bowel movement. Interviews with the LPN and CNA revealed that they were unaware of the resident's condition due to the lack of alerts, and the physician was not notified for further action. For Resident #21, the facility staff failed to administer the ordered gabapentin for neuropathy. The medication was not given for three consecutive days due to it being marked as unavailable in the EMAR, despite being present in the stat box. The ADON confirmed that the nurses did not check the stat box for availability, leading to the resident missing three doses. These findings were shared with the facility's administration, but no further information was provided.
Failure to Provide Scheduled Showers
Penalty
Summary
The facility staff failed to provide necessary services to maintain good grooming and personal hygiene for a resident who was unable to perform self-care. The resident, who had multiple diagnoses including dysphagia after stroke, diabetes, and end-stage renal disease, was observed with a strong body odor and reported not receiving showers at a preferred time. The resident expressed a preference against late-night showers, which led to refusals when offered at such times. Despite being scheduled for two showers per week, the resident's records indicated inconsistencies in receiving these showers, with some instances marked as 'NA' and others as bed baths instead of showers. Interviews with facility staff revealed a lack of clarity and consistency in the documentation and response to shower refusals. An LPN stated that residents are scheduled for two showers a week and can request more, but there was uncertainty about the documentation codes used for refusals. The staff member was unsure of the meaning of 'NA' in the records and indicated that 'RR' is used for resident refusals. The facility administrator was informed of these findings, but no further information was provided at the time of the report.
Deficiency in Medication Regimen Review and Documentation
Penalty
Summary
The facility failed to ensure that pharmacy recommendations were obtained and acted upon for two residents, leading to a deficiency in the medication regimen review process. For Resident #2, the required monthly Medication Regimen Review (MRR) by a licensed pharmacist was not completed for the entire year of 2024. This resident, who has a complex medical history including hypertension, seizure disorder, dementia, depression, and traumatic brain injury, was receiving psychotropic medications without documented pharmacist review or recommendations for dose reductions or laboratory tests. The Director of Nursing (DON) admitted that the MRRs were not available in the resident's electronic health record and were instead kept in a binder in her office, which was not accessible to staff in her absence. Resident #2's care plan and clinical records revealed a history of behavioral issues and altercations with other residents, yet there was no behavior management program in place. The care plan interventions were not specific or measurable, and there was no evaluation of the resident's behaviors concerning his specific triggers and fears. Despite the resident's known depression and brain injury, there was no documentation of a psychiatric evaluation being obtained or incorporated into the care plan. The facility's policy required MRRs to be completed monthly and made available to the care team, but this was not adhered to, resulting in a lack of oversight and potential risk to the resident's well-being. For Resident #49, the facility also failed to maintain proper documentation of pharmacy reviews in the electronic health record. Although the DON was able to produce a book containing the pharmacy review and recommendations for 2024, these documents were not scanned into the electronic system. The DON confirmed that a pharmacy recommendation for Resident #49 had been signed off by the physician and the order changed in the Electronic Medication Administration Record (EMAR), but the documentation was not readily accessible to the care team. This oversight highlights a systemic issue in the facility's management of medication regimen reviews and documentation practices.
Failure to Limit PRN Psychotropic Medication Duration
Penalty
Summary
The facility staff failed to ensure that a resident was free from unnecessary psychotropic medications, specifically regarding the PRN anti-anxiety drug Lorazepam. The resident, who was admitted with multiple diagnoses including dementia, anxiety, and Alzheimer's disease, received an order for Lorazepam to be taken as needed for anxiety without a specified stop date. The medication was administered on three occasions over a period of more than 14 days, yet the order remained current without proper documentation justifying the extended use. During a meeting, the Director of Nursing acknowledged the regulation limiting PRN psychotropic drugs to 14 days unless supported by specific documentation, which was not provided in this case.
Medication Expiration and Labeling Deficiencies
Penalty
Summary
During an inspection of a medication cart and the facility's Stat box, it was found that the facility staff failed to ensure medications for resident administration were not expired. Specifically, a medication cart audit revealed an opened Humalog insulin pen and an opened Lantus insulin pen, both without open dates, and an opened vial of mixed Humalog insulin without a resident name or identification. The Licensed Practical Nurse (LPN) acknowledged that the dates should be written on the insulin pens as they expire in 28 days, and a name should be on the vial. These findings were shared with the Administrator, Director of Nursing (DON), and corporate staff, who confirmed that drugs and biologicals should be labeled with a date and resident name. Additionally, the facility staff failed to ensure that all medications available for use in the Stat box were not expired. A review of the Stat box contents revealed five tablets of Lorazepam 0.5 mg that expired four months prior. An LPN stated that while the pharmacy changes the Stat box regularly, it is the nurses' responsibility to check for expired medications. The DON confirmed that all nurses who pass medications are responsible for checking expiration dates and reporting any medications needing replacement to the pharmacy. The Administrator was informed of these findings, but no further information was provided.
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Staff failed to consistently provide and/or document required ADL care, including incontinence care, turning/positioning, and bathing, for several dependent residents with bowel and bladder incontinence and significant cognitive impairment. One resident’s representative reported finding the resident in a wet brief on multiple weekend visits, while ADL records over several months showed numerous blank entries for incontinence care across all shifts despite care plans requiring continence care and facility policy mandating daily personal care and linen changes when soiled. Another resident, dependent for bathing, received only two showers over a two‑week period, contrary to policy requiring at least twice‑weekly showers, even though a CNA stated showers were given at least twice weekly and documented. Additional residents with incontinence and immobility had missing documentation of toileting hygiene and turning/positioning on specific dates and shifts, despite care plans directing staff to observe for moisture and provide care as indicated and CNAs describing a two‑hour rounding and documentation process in the electronic record.
Facility staff allowed unsafe smoking practices by permitting a resident, assessed as an independent smoker with no cognitive impairment, to smoke in a non-designated courtyard lacking ashtrays, fire-safe disposal containers, a fire extinguisher, or a fire blanket, and to extinguish and discard a cigarette into a trash can containing combustible materials during high winds. Staff acknowledged that residents sometimes smoked in this non-designated area and were only redirected when noticed, while the designated smoking courtyard, though equipped with a fireproof disposal can and smoking blanket, contained a fire extinguisher with no inspection tag or documented inspection. These actions and inactions conflicted with the facility’s smoking policy requiring designated outdoor areas and noncombustible ashtrays, leading surveyors to identify immediate jeopardy and substandard quality of care related to accident hazards and smoking safety.
A cognitively impaired resident with multiple medical conditions and severe behavioral disturbances repeatedly engaged in verbal and physical aggression toward other residents and staff, including yelling profanities, ramming a wheelchair, attempting to strike a resident using a walker, kicking another resident near an elevator, and kicking and punching a nurse. Behavior notes documented that these incidents occurred frequently and that simple separation and moving the resident to a quiet area were ineffective. Staff interviews confirmed that the resident’s behavior was unpredictable, triggered when his demands were not met immediately, and directed at various residents and staff. Although psychiatric documentation and the care plan called for identifying triggers, redirection, 1:1 staffing, and psychosocial interventions, staff responses remained largely reactive, and one documented altercation involving two residents was not investigated or summarized, resulting in a failure to protect residents from abuse.
Staff failed to follow a physician’s order requiring blood pressure checks before administering Nifedipine ER to a resident with hypertension and multiple comorbidities. Over a two-week period, there were 15 administrations of the medication without any documented pre-dose BP readings in the MAR or EHR. An LPN reported that BPs are only taken when specifically ordered and acknowledged that nurses are expected to read orders prior to giving medications. The DON later stated that blood pressure had been checked and the medication was eventually discontinued.
The facility failed to report and investigate an incident in which a cognitively impaired resident with multiple comorbidities yelled at another resident in the dining area, then rammed the wheelchair of one resident and attempted to strike another, prompting staff to separate the residents and complete skin assessments. Two other residents, one with heart failure, kidney disease, dysphagia, and a cognitive communication deficit, and another with cerebral palsy and psychiatric diagnoses, were upset following the altercation, and documentation later showed that one had been pushed. Despite the DON being informed and the facility’s abuse policy requiring prompt reporting of all alleged abuse, no incident synopsis or investigation was completed or reported to the state agency for the residents involved in this altercation, and the administrator later acknowledged that an investigation and incident summary should have been completed.
The facility failed to investigate a resident-to-resident abuse incident in which a cognitively impaired resident with multiple comorbidities yelled at another resident in the dining area, then rammed a wheelchair and attempted to strike two cognitively intact residents with significant medical and psychiatric histories. Staff separated the residents and performed skin assessments that showed no injuries, but the involved residents were upset. Despite documentation that one resident had been pushed and an abuse policy requiring immediate review and investigation of all allegations or observations of abuse, the DON did not initiate an incident synopsis or investigation because staff had intervened before further harm occurred, and the administrator later confirmed that no investigation or incident summary was completed for this event.
A resident with multiple diagnoses, including dementia and severe cognitive impairment, had a behavior care plan that listed an intervention of "1:1 supervision as indicated" without defining when it should start, whether it was continuous or behavior-based, what behaviors would trigger it, or how long it should last. During interview, the DON explained that staff initiate 1:1 supervision when the resident becomes aggressive toward another resident and continue it until the resident deescalates, and acknowledged the care plan lacked needed specificity. This incomplete and non-measurable care plan for behavior management led to the cited deficiency.
A cognitively impaired, fully ambulatory resident with Wernicke’s encephalopathy and severe deficits engaged in sexual acts with another resident and was later found partially unclothed in a female resident’s room, despite care plan directives for immediate separation and 1:1 monitoring that staff were unaware of and did not implement. The resident had a documented pattern of wandering, entering other residents’ rooms during personal care, exit seeking, and a prior elopement through a courtyard gate, yet an elopement assessment later incorrectly denied a history of elopement and minimized safety and privacy risks. A Wander-Guard was ordered but not consistently in place or care planned, the courtyard gate alarm was found turned off with no staff present while residents were in the courtyard, and required abuse and elopement incidents were not properly reported or investigated per federal, state, and facility policy, resulting in Immediate Jeopardy and substandard quality of care findings.
A resident with severe cognitive impairment and Wernicke’s encephalopathy, who was fully ambulatory and known to wander and seek exits, repeatedly entered other residents’ rooms, attempted to leave through exit doors, and eloped from an enclosed courtyard through a gate whose alarm had been turned off and was not monitored by staff. Despite a provider order and care plan for a Wander-Guard and elopement precautions, the device was removed and not replaced, and care plan interventions were not implemented or documented. The same resident was later found performing oral sex on another resident and, on a separate occasion, partially undressed on a female resident’s bed, despite lacking capacity to consent; required 1:1 supervision was care planned but not communicated to or followed by staff. Incidents of elopement and sexual contact were not accurately assessed or reported to the state agency, and documentation of elopement risk and abuse investigations was incomplete, leading surveyors to cite Immediate Jeopardy for accidents, hazards, abuse, and neglect.
Staff failed to ensure residents knew where to find contact information for the State Survey Agency and the State LTC Ombudsman. Required lists of names, mailing/email addresses, and phone numbers were posted behind the concierge desk in an area not accessible to residents, and no other signage was present on the unit. During a Resident Council meeting, all residents present were unable to identify the location of this information and were unaware of their right to file complaints with the State or Ombudsman. Later, two residents taken to see the posting stated they had not known it was there, while the concierge reported residents must ask for the information and that none had done so during her tenure.
Failure to Provide and Document Required Incontinence Care and Bathing for Dependent Residents
Penalty
Summary
Facility staff failed to provide required ADL care, specifically incontinence care and bathing, to multiple dependent residents as documented in clinical records, interviews, and facility documents. One resident with severe cognitive impairment, always incontinent of bowel and bladder and dependent on staff for toileting hygiene, had extensive gaps in ADL documentation over several months. ADL records from January through March showed multiple dates and shifts where incontinence care entries were left blank, despite a care plan stating the resident’s bowel and bladder continence needs were to be met and a facility policy requiring daily personal care and clean clothing and linens each time they were soiled. The resident’s representative reported visiting on weekends and finding the resident’s brief appearing wet for hours. CNAs interviewed stated that incontinence care was provided every two hours and documented as evidence of care, but the records did not reflect consistent documentation. Another resident, moderately cognitively impaired and dependent for showering and bathing, did not receive showers at the frequency required by facility policy and the resident’s care plan. Clinical documentation over a two‑week period showed that the resident received only two showers, even though the policy required tub/shower baths not less than twice weekly and the care plan specified assistance with bathing and hygiene as required. The resident’s authorized representative expressed concern that the resident was not being showered regularly. A CNA reported that showers were given at least twice a week and documented in the electronic system, and that refusals were verified by the nurse, but the documentation reviewed did not show showers being provided at the required frequency. Additional residents with bowel and bladder incontinence and dependence on staff for toileting, hygiene, and positioning also had missing documentation of incontinence care and turning/positioning on specific dates and shifts. One resident, frequently incontinent and dependent on staff for toileting, had no documented toileting hygiene on two night shifts in June, despite a care plan directing staff to observe for moisture and provide care as indicated. Two other residents, both severely cognitively impaired, dependent for locomotion, transfer, dressing, toileting, and hygiene, and care‑planned for bladder and bowel incontinence and risk for pressure ulcer development, had ADL records with missing evidence of incontinence care and turning/positioning on multiple day and night shifts across several months. CNA interviews described a process of rounding at the beginning of the shift and then every two hours, with all care documented in the electronic record and the understanding that if it is not documented there is no evidence it was done, yet the reviewed records contained numerous blank entries for required care.
Unsafe Smoking Practices and Inadequate Fire Safety Controls
Penalty
Summary
Facility staff failed to ensure the environment remained free of accident hazards and did not provide adequate supervision and safety measures related to resident smoking. Staff permitted residents to smoke in a non-designated courtyard that lacked required fire safety controls, including ashtrays or fire-safe disposal containers, a fire extinguisher, or a fire blanket. The trash receptacle in this area contained combustible materials such as paper, cardboard, and plastic liners, and there were high winds at the time of observation, all of which were documented as increasing the fire ignition risk. On one observed occasion, a resident admitted for post-surgical rehabilitation, with an MDS BIMS score of 15 indicating no cognitive impairment and assessed as an independent smoker, was seen smoking in the non-designated courtyard. The resident extinguished a cigarette on the ground and discarded it into the trash receptacle containing combustible waste. No appropriate smoking safety equipment or supervision was present in that courtyard at the time. Staff interviews confirmed that the courtyard where the resident was observed smoking was not a designated smoking area, although residents sometimes smoked there and staff only attempted to redirect them when noticed. The designated smoking courtyard, located in a different area, was reported to have a fireproof metal can for cigarette disposal, a fire extinguisher, and a smoking blanket; however, the fire extinguisher in that designated area had no inspection tag or date and appeared to be a store-bought unit with no evidence of inspection. The facility’s smoking policy required the Administrator to designate outdoor smoking areas and mandated access to noncombustible ashtrays in those areas, but these requirements were not consistently implemented or enforced, contributing to the identified deficiency and immediate jeopardy related to accident hazards and smoking safety.
Removal Plan
- Resident #10 was placed on 1:1 observation for safety reasons due to smoking in an unauthorized area.
- Resident #10 was re-educated on the smoking policy and procedure, including smoking location and cigarette disposal.
- Locks were ordered to be installed on the courtyard doors to prevent unauthorized smoking.
- Lock installation on the non-designated courtyard began.
- The Facility Administrator will conduct a town hall meeting with residents that smoke to review the facility smoking policy (locations, cigarette disposal, and consequences for non-compliance up to suspension of smoking privileges or potential discharge).
- All residents that smoke will have a new smoking policy acknowledgement obtained.
- The Interdisciplinary Team will be educated by the President of Operations on the smoking policy and designated smoking areas.
- Facility staff will be educated by the Director of Nursing or designee on the smoking policy and designated smoking areas; no employee will be allowed to work until educated.
- The Administrator or designee will conduct weekly environmental safety rounds three times a week for 4 weeks, then monthly audits for 2 months to ensure no resident is smoking in a non-designated smoking area.
- The Administrator made the Medical Director aware of the Immediate Jeopardy via telephone.
Failure to Protect Residents From Ongoing Aggression and Abuse by a Cognitively Impaired Resident
Penalty
Summary
The deficiency involves the facility’s failure to protect multiple residents from physical and verbal abuse by another resident with known aggressive behaviors. One resident with severe cognitive impairment and diagnoses including heart failure, diabetes, dementia, hemiplegia, and seizure disorder repeatedly exhibited aggression toward other residents and staff. Behavior notes documented frequent verbal outbursts with expletives, yelling, and threatening behavior, as well as physical aggression such as ramming another resident’s wheelchair, attempting to strike a resident using a walker, and kicking and punching a nurse. These behaviors were noted to occur multiple times per week or daily, and staff documented that separating the resident from others and moving him to a quiet location were not effective interventions. The aggressive resident’s behaviors were directed toward several specific residents. On one occasion, when another resident came downstairs to visit friends, the aggressive resident yelled profanities and ordered him to leave. On another date in the dining room, the aggressive resident stared and ground his teeth, yelled loudly, frightened two female residents, rammed one resident’s wheelchair as she tried to leave, and lunged toward another resident with a walker, swinging his arms in an attempt to hit her before a male nurse intervened. During the same incident, the aggressive resident kicked and punched a nurse, causing bruising and a knot on the shin and bruising on the chest. On a later date at the elevator, when the aggressive resident encountered another resident he disliked, he began screaming profanities, kicked the other resident, and swung at him, causing the other resident to back into the wall and yell. Additional behavior notes described the aggressive resident yelling repetitively, grinding his teeth, shaking with anger, and attempting to attack a female resident after she asked him to stop yelling, with staff intervening to block him. Staff interviews confirmed that this resident’s behaviors were sporadic, unpredictable, and could be directed at anyone, and that he became aggressive when his wants were not met immediately. Staff reported that another resident was a known trigger and had been moved to another unit, but the aggressive behaviors toward other residents and staff continued. Psychiatric documentation indicated that the aggressive behavior was possibly related to vascular dementia and a mood disorder, and the treatment plan called for identifying triggers, redirection, one-to-one staffing, and psychosocial interventions; however, staff described their responses as largely reactive, focused on separation and occasional one-to-one, and behavior notes repeatedly documented that these interventions were ineffective. The facility also failed to produce an incident summary or investigation for the incident involving two residents in the dining room, despite documentation that they were involved and upset at the time. Interviews with the affected residents showed that they experienced the aggressive resident as loud, hateful, rude, and a bully. One resident reported that the aggressive resident had been physically aggressive toward him in the elevator but that he did not sustain injuries. Two female roommates reported that the aggressive resident had not physically contacted them but had come toward one of them aggressively and was stopped, and they described him as hateful, loud, and believing he should get everything he wants. Another resident stated that the aggressive resident had been aggressive toward her and that she tried to stay to herself. Staff, including CNAs, LPNs, the unit manager, social services, and the facility NP, consistently described the aggressive resident as unpredictable, easily escalated when his demands were not met, and requiring separation when angry. Despite ongoing, documented aggressive behaviors toward multiple residents and staff over an extended period, the facility did not implement and sustain effective interventions to prevent further abuse, and did not consistently investigate all incidents, resulting in a failure to ensure residents’ right to be free from abuse.
Removal Plan
- Resident #1 was placed on 1 to 1 supervision and will remain on 1 to 1 supervision while out of bed until discharge or a significant change in condition limits the resident's physical ability to encounter another resident; while in bed the resident is not considered a risk because the resident cannot transfer independently.
- Residents #2, #3, #4, and #5 will receive follow-up psychosocial support from facility staff.
- The facility will continue attempts to find alternative placement for Resident #1.
- All residents in the facility will be screened for evidence of abuse and neglect (interviewable residents with BIMS ≥ 8 interviewed using an abuse questionnaire; non-verbal residents and residents with BIMS ≤ 7 assessed head-to-toe to validate absence of signs of physical abuse).
- Any identified concerns from the screening will be addressed according to the facility Abuse Policy.
- All residents will be assessed/reviewed for similar behaviors as exhibited by Resident #1 by reviewing all Facility Reportable Incidents (FRIs), and care plans will be reviewed and revised with interventions for any identified residents.
- All facility and agency staff will be reeducated on the facility Abuse Policy, including abuse prevention, types of abuse, and abuse reporting.
- Staff not present will be required to complete mandatory abuse-policy education prior to the start of their next shift.
- No staff member will be allowed to return to work until the mandatory abuse-policy education has been completed.
- New hire orientation will include abuse-policy training as part of the new hire process.
- All agency staff will be required to complete abuse-policy education prior to starting work in the facility.
- Facility leadership will be reeducated by the Regional Director of Clinical Operations and Regional Director of Operations on assessing triggers, root causes, and escalation patterns and developing an effective and sustained supervision and separation intervention for residents with behavioral disturbances.
- The Medical Director was notified of the situation.
- The facility conducted an Ad Hoc QAPI committee meeting to accept the IJ Removal Plan.
Failure to Obtain Ordered Blood Pressure Readings Before Antihypertensive Administration
Penalty
Summary
Facility staff failed to ensure a resident was free from significant medication errors by not following a physician’s order requiring blood pressure assessment prior to administering an antihypertensive medication. The resident had diagnoses including quadriplegia, primary progressive multiple sclerosis, aphasia, anemia, cognitive communication deficit, and essential primary hypertension, and was assessed as cognitively intact with a BIMS score of 15 but dependent on staff for all ADLs, requiring a mechanical lift for transfers and an electric wheelchair for ambulation. The physician’s order for Nifedipine ER 30 mg once daily for hypertension, dated 6/2/25, directed staff to hold the medication if the systolic blood pressure was less than 120. Review of the MAR from 3/31/26 through 4/14/26 showed no recorded blood pressures prior to administration of Nifedipine on 15 occasions. During interview, an LPN stated that blood pressures are not automatically taken when administering blood pressure medications and that if there is an order to obtain blood pressure prior to administration, it would be recorded on the MAR, and blood pressures are documented in the EHR. The LPN was unable to locate any blood pressure readings prior to Nifedipine administration in the EHR and acknowledged that nurses should read orders before giving medications and that not checking blood pressure before administration could result in the resident’s blood pressure “bottoming out.” The DON later stated that blood pressure had been checked and the medication was discontinued because the resident no longer needed it.
Failure to Report and Investigate Resident-to-Resident Abuse Incident
Penalty
Summary
The deficiency involves the facility’s failure to report and investigate resident-to-resident abuse incidents involving three residents. One resident with heart failure, diabetes, dementia, hemiplegia, seizure disorder, and a severely impaired cognitive score of 5 was involved in an altercation in the dining area with two other residents. One of the other residents had heart failure, kidney disease, dysphagia, a cognitive communication deficit, and a mildly impaired cognitive score of 12, while the third resident had cerebral palsy, anxiety, bipolar disorder, a psychotic disorder, and was cognitively intact with a score of 15. Progress notes showed that during the dining incident, the cognitively impaired resident began yelling "No" to another resident nearby, after which one of the female residents told the resident to stop. The cognitively impaired resident then rammed the wheelchair of one of the female residents and started swinging and trying to attack the other female resident, requiring staff to separate all residents. Staff interviews and record review confirmed that the residents were separated and skin assessments were completed, with no injuries identified, although the two female residents were upset at the time. The RN who documented the behavior reported that the DON was informed of the involvement of the two female residents. When surveyors requested all investigations and incident summaries related to the aggressive resident’s behavior toward others, the facility produced documentation only for a separate altercation involving a different resident, and there was no evidence of an investigation or incident synopsis for the dining room altercation involving the two female residents. The DON stated that no incident synopsis or report was completed because there was no actual physical abuse due to staff separating the residents. Later review of a progress note showed that one of the female residents had been pushed by the aggressive resident, and the administrator acknowledged that no investigation or incident summary was found and that one should have been reported. This failure occurred despite the facility’s abuse policy requiring all alleged violations involving abuse to be reported immediately, but no later than two hours after the allegation is made.
Failure to Investigate Resident-to-Resident Abuse Incident
Penalty
Summary
The facility failed to investigate an incident of resident-to-resident abuse involving three residents. One resident with diagnoses including heart failure, diabetes, dementia, hemiplegia, and seizure disorder, and a severely impaired cognitive score of 5 on the most recent MDS, was involved in an altercation in the dining area with two cognitively intact residents whose diagnoses included heart failure, kidney disease, dysphagia, cognitive communication deficit, cerebral palsy, anxiety, bipolar disorder, and psychotic disorder. Progress notes documented that during the incident, the cognitively impaired resident began yelling "No" to another resident near the dining area, after which one of the female residents told this resident to stop. The cognitively impaired resident then rammed one resident’s wheelchair and started swinging and trying to attack the other resident, and staff separated all residents involved. During interviews, the RN who wrote the behavior note confirmed that the residents were separated, the DON was informed, and skin assessments were completed on the two cognitively intact residents, which showed no injuries, though both were upset at the time. When surveyors requested all investigations and incident summaries related to the aggressive resident’s behavior toward others, the facility produced documentation only for a separate altercation involving a different resident, and there was no evidence of an investigation or incident summary for the dining room altercation involving the two cognitively intact residents. The DON stated there was no incident synopsis or investigation because there was no actual physical abuse due to staff separating the residents. Later review of a progress note indicating that one resident had been pushed did not yield any additional documentation, and the administrator acknowledged that an investigation and incident summary should have been completed. The facility’s abuse policy required designated staff to immediately review and investigate all allegations or observations of abuse and to communicate results to the administrator and appropriate officials within five working days, but no such investigation was completed for this incident.
Failure to Specify Parameters for 1:1 Supervision in Behavior Care Plan
Penalty
Summary
Facility staff failed to develop and implement a comprehensive, measurable behavior care plan for one resident requiring 1:1 supervision. The resident had diagnoses including heart failure, diabetes, dementia, hemiplegia, and seizure disorder, and a recent MDS with a cognitive score of 5 indicating severe cognitive impairment. Review of the resident’s behavior care plan showed an intervention initiated on 12/30/25 that stated "1:1 supervision as indicated" without specifying parameters such as timeframe, whether the supervision was continuous or behavior-based, what specific behaviors would trigger its use, or the duration of the intervention. During an interview on 3/19/26 at 12:15 p.m., the DON stated that the resident is placed on 1:1 when he becomes aggressive toward another resident and remains on 1:1 until he deescalates, and acknowledged that the care plan should be more specific regarding 1:1 supervision. This lack of detailed parameters and measurable actions in the written care plan for 1:1 supervision constituted the deficiency identified by surveyors for failure to develop and implement a complete care plan that met all of the resident’s needs with clear timetables and measurable interventions.
Failure to Protect Cognitively Impaired Resident From Sexual Abuse and Elopement Due to Inadequate Supervision and Reporting
Penalty
Summary
The deficiency involves the facility’s failure to protect a cognitively impaired resident from sexual abuse and neglect, including inadequate supervision despite known risks. One resident with Wernicke’s encephalopathy and severe cognitive impairment, reflected by a BIMS score of 99, was fully ambulatory and had a documented history of wandering, exit seeking, and intrusive behaviors into other residents’ rooms. Another resident involved in a sexual incident had mild cognitive impairment with a BIMS score of 13 and self-propelled in a wheelchair. On one occasion, documentation showed the cognitively impaired resident was found in another male resident’s room on his knees performing oral sex; the residents were separated, and the cognitively impaired resident later had no recollection of the event. A subsequent progress note documented the same cognitively impaired resident sitting on the side of a female resident’s bed with his pants off while the other resident was fully clothed under the covers; staff could not later identify this third resident for surveyors. The facility’s care planning and supervision for the cognitively impaired resident were deficient. A comprehensive care plan entry dated 2/24/26 identified a psychosocial well-being problem related to sexual/physical contact with another resident and directed staff to immediately separate and remove the resident from such situations and notify the NP and responsible party/guardian. Another care plan entry dated 3/9/26 specified that the resident had obsessive compulsive behavior and required 1:1 monitoring at all times, medication administration as ordered, and redirection and cues as needed. However, multiple nursing staff and CNAs interviewed on 3/17/26 and 3/18/26 denied knowing that the resident was to be on 1:1 supervision, and supervision was not provided. The care plan interventions focused on reacting after sexual or physical contact was found, and there was no evidence of preventative measures being implemented to protect the resident from himself or to protect others from him. None of the care plan interventions for behaviors or elopement were documented as implemented, and no behaviors were documented on the MAR during the resident’s stay. The facility also failed to adequately supervise the resident’s known wandering and elopement risk and to secure exit doors. Nursing and physician notes documented multiple episodes of wandering and exit seeking, including the resident going into other residents’ rooms during their personal care, attempting to exit through doors, and an elopement through the courtyard gate on 12/15/25, when he pushed the gate and exited to the parking lot before being redirected back inside. An elopement evaluation completed later incorrectly indicated no history of elopement and minimized the impact of the resident’s wandering on safety and privacy, despite prior documentation of elopement and intrusion into other residents’ rooms. A Wander-Guard device had been ordered on 11/13/25, but on 3/17/26 no device was found on the resident, and he had previously removed it on 3/8/26 without replacement or care plan direction until the time of survey. During survey observations, the courtyard gate alarm was found in the off position, the gate could be opened without an alarm sounding, and no staff were present in the courtyard despite residents being there. The resident’s prior elopement and the incident of him unclothed in a female resident’s room were never reported to the state agency, and the facility’s abuse reporting and investigation documentation for the 2/23/26 sexual incident was incomplete, lacked the initial report, lacked staff witness statements, and had no confirmation that required reports were timely submitted to the state agency, contrary to federal, state, and facility policy requirements.
Removal Plan
- Resident #1 was placed on 1:1 continuous supervision 24 hours/day.
- The resident provider and resident representative were notified.
- Residents who have a BIMS score of 9 or greater have been interviewed to determine if they have experienced any unwanted sexual interaction with another resident, if they have concerns about other residents wandering into their rooms, and if they feel safe residing in the facility.
- Residents who have a BIMS score of less than 9 have had a body skin assessment completed by a licensed nurse to identify any changes in skin that may have resulted from abuse.
- Any newly identified areas from skin assessments will be reported to the residents' provider and the residents' representative.
- Other residents who have a moderate or higher risk for elopement have been reviewed to determine that appropriate interventions, including use of a Wander Guard, are in place and functional.
- A staff member has been assigned to continuously monitor the facility exit door to the courtyard until another alarm system can be installed.
- The courtyard gate alarm was activated and is being monitored every 30 minutes to ensure that it remains engaged.
- All current residents will be reviewed to ensure that elopement risk assessments have been completed and that appropriate interventions are being implemented per the resident care plan and provider orders.
- All staff will be re-educated on abuse, including unwanted or non-consensual sexual activity and the capacity to consent.
- Staff who are unable to participate in the initial abuse training will be educated prior to their next scheduled shift.
- All licensed nursing staff will be re-educated on completion of the elopement risk assessment, importance of implementing safe precautions and supervising residents who may be at risk of elopement, and documenting functionality and placement of the Wander Guard.
- Licensed nursing staff who are unable to participate in the initial elopement training will be educated prior to their next scheduled shift.
- The smoke attendant will be educated on safety precautions and their responsibility for supervising the exit door to the courtyard and supervising that the alarm on the courtyard gate is engaged each shift.
- All staff will be re-educated on the importance of supervising wandering residents and approaches to re-direct residents who wander into other resident rooms.
- Staff who are unable to participate in the initial wandering supervision training will be educated prior to their next scheduled shift.
- Residents who have expressed concern of other residents wandering their rooms will be offered interventions such as a room change, use of stop sign, or other alternative, to minimize other residents from wandering into their rooms.
Failure to Supervise High-Risk Wanderer and Prevent Non-Consensual Sexual Contact
Penalty
Summary
The deficiency involves the facility’s failure to maintain an accident-hazard-free environment and provide adequate supervision for residents with known wandering, exit-seeking, and sexually disinhibited behaviors. One resident with Wernicke’s encephalopathy, severe cognitive impairment (BIMS score of 99), and full ambulatory ability was repeatedly documented as wandering into other residents’ rooms, disrupting care, and seeking exits. Nursing notes showed that this resident attempted to leave the enclosed courtyard by pushing open the gate, was observed going to numerous exit doors and setting off a door alarm, and wandered throughout multiple units. Despite a physician’s order for a Wander-Guard device and an elopement risk care plan focus, the resident removed the Wander-Guard and it was not replaced, and on the day of survey no Wander-Guard was found on the resident. The elopement event when the resident exited the courtyard gate was not reported to the state agency. Surveyors also identified environmental hazards and lack of supervision related to the courtyard exit. The courtyard gate, which opened to the parking lot, was equipped with an audible alarm and keyed lock, but surveyors found the alarm in the off position and were able to open the gate without any alarm sounding. No staff were present in the courtyard while four residents were there, and surveyors waited approximately five minutes at the open gate with no staff response. The Maintenance Director stated that the alarm had been shut off by someone, that multiple keys were “floating around,” and that he could not account for all of them. He also confirmed that the gate did not have a Wander-Guard alarm. These conditions demonstrated that exit doors and the courtyard gate were not secured or supervised adequately to prevent resident elopement. The facility also failed to protect the cognitively impaired resident from engaging in sexual activities he could not consent to and failed to protect other residents from his behaviors. Progress notes documented that this resident was found on his knees performing oral sex on another male resident who was lying on his bed, and later was found sitting on the side of a female resident’s bed with his pants off while she was fully clothed under the covers. The cognitively impaired resident had no recollection of the sexual event. A psychiatric evaluation documented dementia, Wernicke’s encephalopathy, and altered mental status. The care plan was updated to include a psychosocial problem related to sexual/physical contact with another resident and later to require 1:1 continuous monitoring for behaviors, but multiple nursing staff and CNAs reported they were unaware of the 1:1 requirement, and supervision was not provided. The sexual incident between the two male residents and the subsequent intrusion into the female resident’s room were not reported to the state agency. The surveyors concluded that withholding required supervision for a resident known to be a danger to himself and others constituted neglect and contributed to Immediate Jeopardy related to accidents, hazards, abuse, and neglect. In addition, documentation and assessment processes related to elopement and behavior were deficient. An elopement evaluation completed after the resident’s documented elopement incorrectly indicated no history of elopement and minimized the impact of his wandering on safety and privacy, despite prior notes of him entering other residents’ rooms during personal care and attempting to exit the building. Care plan interventions for behaviors and elopement were not documented as implemented, and no behaviors were recorded on the MAR throughout the resident’s stay. The facility’s incident and abuse investigation files contained only limited documentation related to the sexual incident between the two male residents, lacked the original initial report allegedly faxed to the state agency, and had no fax confirmation for either the initial or follow-up reports. These omissions and inaccuracies in assessment, care planning, implementation, and reporting contributed to the identified deficiency and Immediate Jeopardy. During the survey, additional observations confirmed ongoing failures in supervision and hazard control. On the initial tour, the cognitively impaired resident was observed walking alone from his unit to the main dining room without supervision. The courtyard gate alarm, when later tested, sounded briefly and then went silent without any staff response. Staff interviews revealed a lack of awareness of critical care plan elements, including the 1:1 supervision requirement for the resident with severe cognitive impairment and sexually disinhibited behavior. Collectively, these actions and inactions demonstrated that the facility did not ensure a safe environment free from accident hazards and did not provide adequate supervision to prevent accidents, elopement, and non-consensual sexual contact, resulting in Immediate Jeopardy and substandard quality of care.
Removal Plan
- Resident #1 was placed on 1:1 continuous supervision 24 hours/day.
- The resident provider and resident representative were notified.
- Residents who have a BIMS score of 9 or greater have been interviewed to determine if they have experienced any unwanted sexual interaction with another resident, if they have concerns about other residents wandering into their rooms, and if they feel safe residing in the facility.
- Residents who have a BIMS score of less than 9 have had a body skin assessment completed by a licensed nurse to identify any changes in skin that may have resulted from abuse.
- Any newly identified skin assessment areas will be reported to the residents' provider and the residents' representative.
- Other residents who have a moderate or higher risk for elopement have been reviewed to determine that appropriate interventions, including use of a Wander Guard, are in place and functional.
- A staff member has been assigned to continuously monitor the facility exit door to the courtyard until another alarm system can be installed.
- The courtyard gate alarm was activated and is being monitored every 30 minutes to ensure that it remains engaged.
- All current residents will be reviewed to ensure that elopement risk assessments have been completed and that appropriate interventions are being implemented per the resident care plan and provider orders.
- All staff will be re-educated on abuse, including unwanted or non-consensual sexual activity and the capacity to consent.
- All licensed nursing staff will be re-educated on completion of the elopement risk assessment, importance of implementing safe precautions and supervising residents who may be at risk of elopement, and documenting functionality and placement of the Wander Guard.
- The smoke attendant will be educated on safety precautions and their responsibility for supervising the exit door to the courtyard and supervising that the alarm on the courtyard gate is engaged each shift.
- All staff will be re-educated on the importance of supervising wandering residents and approaches to re-direct residents who wander into other resident rooms.
- Residents who have expressed concern of other residents wandering their rooms will be offered interventions such as a room change, use of stop sign, or other alternative, to minimize other residents from wandering into their rooms.
Failure to Inform Residents of Location of State and Ombudsman Contact Information
Penalty
Summary
Facility staff failed to ensure that residents were informed of the location of contact information for the State Survey Agency and the State Long-Term Care Ombudsman program. During an observation of the third floor, the required list of names, mailing and email addresses, and telephone numbers for the State licensure office and the State Long-Term Care Ombudsman was found posted behind the concierge’s desk on the wall, in a location inaccessible to residents. No other signage with this required information was posted on the third floor. At a Resident Council meeting, all 10 residents present were unable to identify where the contact information for the State licensure office and the State Long-Term Care Ombudsman was located and were unaware of their right to file a complaint with these entities. After the meeting, the Activities Director escorted two residents to view the Ombudsman information, and both stated they did not know it was posted there. Concierge staff reported that residents must ask for the information and phone numbers if they need them and that no resident had requested this information during the five years she had worked at the facility. The Activities Director reported there was another copy of the information outside her office on the second floor for assisted living residents. Leadership, including the DON, ADON, and Administrator, were later informed of these findings.
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