Hampton Health & Rehab Center, Llc
Inspection history, citations, penalties and survey trends for this long-term care facility in Hampton, Virginia.
- Location
- 2230 Executive Drive Revised, Hampton, Virginia 23666
- CMS Provider Number
- 495287
- Inspections on file
- 14
- Latest survey
- September 5, 2024
- Citations (last 12 mo.)
- 0
Citation history
Health deficiencies cited at Hampton Health & Rehab Center, Llc during CMS and state inspections, most recent first.
The facility failed to ensure that residents and/or their representatives were given the opportunity to develop advance directives for 12 residents and did not honor an existing advance directive for one resident. The facility's transition to a new electronic health record system was cited as a reason for missing documentation, but the surveyor was unable to locate advance directive information in either the new or previous systems.
The facility failed to provide written transfer notices to four residents and their representatives, as well as notify the LTC Ombudsman, during hospital transfers. The residents, who had various medical conditions, were transferred without proper documentation or notification, as required by facility policy. Staff interviews revealed non-compliance with the notification process.
The facility staff failed to securely store medications and biologicals, as observed in two medication carts and a storage room. An LPN left a Colestipol tablet unattended, and an RN did not label an insulin pen with the required dates. Additionally, expired COVID-19 tests were found in the storage room, contrary to facility policy.
A resident's preference to dine in the dining room was not accommodated due to the dining room being closed on weekends and evenings, as confirmed by staff interviews. Despite the resident being cognitively intact and requiring moderate assistance with eating, the dining room was observed to be unused during breakfast, and the facility's management was unaware of its unavailability. The Dietary Manager claimed it was always open, but the surveyor found otherwise.
A resident with multiple health conditions did not receive a Notice of Medicare Non-Coverage (NOMNC) at least two days before the end of their Medicare Part A stay, as required by facility policy. The NOMNC was issued only one day prior, and the facility's social worker could not explain the delay, despite the policy mandating timely notification.
A facility failed to document and communicate necessary information for a resident's transfer to a healthcare institution. The resident, with multiple health conditions, was experiencing confusion and hallucinations. Despite a decision to send the resident to the ER, there was no evidence of a transfer form or communication of essential information to the receiving hospital. This deficiency was confirmed during an interview with corporate staff and discussed with the facility's administration team.
The facility failed to provide bed hold notices to two residents during hospital transfers, as required by policy. One resident, with multiple health conditions, was sent to the ER without a transfer form or bed hold notice. Another resident, also with significant health issues, was transferred twice without receiving the required documentation. These deficiencies were confirmed by corporate staff and discussed with the facility's administration.
The facility staff failed to ensure accurate MDS assessments for two residents, resulting in one resident's discharge being incorrectly coded as to a hospital instead of home, and another resident's discharge MDS assessment not being completed at all. These discrepancies were identified during a surveyor's review and confirmed by staff interviews.
The facility staff did not discard seven containers of unsweetened coconut milk that were past their best by date. A surveyor observed these expired containers in the kitchen's dry storage area, and the Dietary Manager removed them. The issue was discussed with the Administrator, DON, and Clinical Services Manager, but no further information was provided before the exit conference.
An LPN on Unit #1 failed to maintain infection control practices by placing a resident's Breo inhaler in their uniform pocket during medication administration. The LPN had extra items in their hands and chose not to make two trips, leading to this breach. The issue was discussed with facility leadership, but no additional information was provided to the survey team.
The facility staff failed to offer pneumococcal vaccines to three residents upon admission, despite CDC guidelines and facility policy. A resident with cognitive impairment and multiple diagnoses was not offered a PCV15 or PCV20 vaccine, and another resident with a history of diabetes and heart disease was not offered a PCV20 or PPSV23 vaccine. Additionally, a resident with dementia and other conditions was not offered the recommended vaccines. The facility's policy required documentation and timely administration of vaccines, which was not followed.
The facility failed to offer an updated COVID-19 vaccine to a resident and did not provide education or obtain consent for two other residents before administering the vaccine. One resident, who was cognitively intact, was not offered the updated vaccine, while two others did not receive necessary education or consent documentation prior to vaccination.
A resident with a history of stroke and on blood-thinning medications had a critical lab result indicating a life-threatening low hemoglobin level. The result was not addressed by a practitioner until the following day, leading to the resident being sent to the ER for a blood transfusion. The facility staff failed to follow the policy requiring immediate notification of the provider in emergency situations.
The facility staff failed to follow provider orders for two residents, leading to deficiencies in care. One resident did not receive ordered treatments for a surgical wound on multiple occasions, with no evidence of completion. Another resident, who was supposed to be NPO before a procedure, was given breakfast, preventing anesthesia administration. The facility's policy on reviewing orders was not adhered to.
A resident with type 2 diabetes mellitus experienced significant medication errors due to incorrect transcription of insulin orders. The facility staff failed to administer Insulin Lispro according to the hospital discharge sliding scale, resulting in missed doses for blood sugar levels of 137 and 143. Additionally, a dose of Basaglar KwikPen was not administered, with no explanation documented. The error was acknowledged by an LPN and discussed with facility leadership.
A resident with severe cognitive impairment and multiple diagnoses did not receive a provider-ordered Depakote level test. The test was scheduled but not performed, and the absence of results was noted in a pharmacist's report. Facility staff, including the DON and an LPN, confirmed the oversight, and the issue was discussed with administration and regional representatives.
The facility staff failed to maintain complete and accurate clinical records for three residents, leading to deficiencies. A resident's allergy to Hydrocodone was not documented, another resident's record lacked advanced directives despite a DNR order, and a third resident's DDNR form was incomplete. These issues were discussed with the facility's administrative team, but no additional information was provided before the survey's conclusion.
Failure to Ensure and Honor Advance Directives
Penalty
Summary
The facility staff failed to ensure that residents and/or their representatives were given the opportunity to develop an advance directive for 12 out of 22 residents. This deficiency was identified through staff interviews, clinical record reviews, and facility document reviews. The facility's policy, titled 'ADVANCE DIRECTIVES PROTOCOL,' mandates that advance directives be discussed upon admission and reviewed annually. However, for residents such as Resident #3, #5, #29, and others, there was no evidence that the facility staff provided information or facilitated the formulation of advance directives. This lack of documentation and action was acknowledged by the facility's administration during meetings with the survey team. In addition to the failure to provide opportunities for advance directive formulation, the facility staff also failed to honor an existing advance directive for one resident, Resident #23. Despite having a signed and notarized Virginia Advance Directive for Health Care form indicating a preference for no life-prolonging treatments, the resident's clinical records incorrectly listed them as a full code. This discrepancy was not addressed until after the survey team raised concerns, at which point the facility updated the resident's records to reflect their DNR status. The facility's transition to a new electronic health record system was cited as a reason for the missing documentation, as noted in the cases of Residents #4, #16, #62, and others. The administrator admitted that documents had not been fully uploaded to the new system, although access to the previous system was maintained. Despite this, the surveyor was unable to locate advance directive information in either system for several residents. The facility's failure to ensure the proper handling and documentation of advance directives represents a significant oversight in respecting residents' rights and preferences.
Failure to Provide Written Transfer Notices
Penalty
Summary
The facility failed to provide timely written notifications of transfers or discharges to residents and their representatives, as well as to the Office of the State Long-Term Care Ombudsman, for four residents. These deficiencies were identified during a survey, which included staff interviews, facility document reviews, and clinical record reviews. The residents involved had various medical conditions, including cerebral infarction, chronic obstructive pulmonary disease, and depression, and were cognitively intact or moderately impaired. For Resident #26, the facility did not notify the resident or their representative in writing about the transfer to the emergency room due to confusion and hallucinations. The social worker did not notify the Ombudsman of the transfer, and no transfer form was found in the resident's record. Similarly, Resident #129 was transferred to the emergency room for chest pain without written notification to the resident or their representative, and the Ombudsman was not informed. Residents #71 and #72 were also transferred to the hospital on multiple occasions without written notices being provided to them, their representatives, or the Ombudsman. The facility's policy required that discharge notices include the reason for transfer and be documented in the resident's chart, but this was not adhered to. Interviews with staff revealed a lack of compliance with the notification process, and no evidence of written notifications was found in the records for these residents.
Medication and Biological Storage Deficiencies
Penalty
Summary
The facility staff failed to ensure the safe and secure storage of medications and biologicals, as observed in two medication carts and one medication storage room. On Unit 1, a Licensed Practical Nurse (LPN) left a Colestipol tablet unattended on top of a medication cart for approximately nine minutes while attending to a resident in a closed room. The facility's policy clearly states that medications should not be left unattended, yet this protocol was not followed, leading to a potential risk of medication mishandling. Additionally, on Unit 2, a Registered Nurse (RN) failed to label a multi-dose insulin pen with the date of opening or discard date, which is a requirement for medications with shortened expiration dates. Furthermore, in the Unit 1 medication storage room, expired COVID-19 testing cards were found, despite the facility's policy requiring expired items to be stored separately until disposal. These observations indicate lapses in adherence to medication storage and labeling protocols, as well as the management of expired medical supplies.
Dining Room Accessibility Deficiency
Penalty
Summary
The facility staff failed to accommodate the preference of a resident who wished to eat meals in the dining room. The resident, who is cognitively intact with a BIMS score of 15, expressed a desire to leave their room and dine in the dining room. However, the dining room was not available for use during weekends and evenings due to staffing issues, as confirmed by interviews with an LPN and a CNA. The resident's diagnoses include mild protein calorie nutrition and diabetes, and they require partial/moderate assistance with eating. During the survey, it was observed that the dining room was not utilized for breakfast, and housekeeping staff were cleaning the floors. The facility's Dietary Manager claimed the dining room was always open at mealtimes, but the Administrator and DON were unaware of the dining room's unavailability during certain times. Despite the resident's preference and the facility's claim of the dining room being open, the surveyor noted the dining room was not in use, and no further information was provided to address the resident's concern before the exit conference.
Failure to Provide Timely Medicare Non-Coverage Notice
Penalty
Summary
The facility staff failed to provide a Notice of Medicare Non-Coverage (NOMNC) at least two days prior to the end of a Medicare covered Part A stay for one resident. The resident, who was cognitively intact with a BIMS score of 15 out of 15, had a range of diagnoses including sepsis, generalized muscle weakness, chronic obstructive pulmonary disease, congestive heart failure, chronic kidney disease, and type 2 diabetes mellitus. The last covered day of Medicare Part A services for the resident was April 3, 2024, but the NOMNC was issued and signed by the resident on April 2, 2024, only one day prior to the end of coverage. During an interview, the facility's social worker acknowledged that the NOMNC should have been signed 48 hours prior to the last covered day and was unsure why it was not. The facility's policy, titled Medicare Cut Letter Policy, mandates that residents receive notification of Medicare non-coverage no later than two days before the termination of services. Despite this policy, the required notice was not provided within the stipulated timeframe, and no further information regarding this concern was presented to the survey team before the exit conference.
Failure to Document and Communicate Resident Transfer Information
Penalty
Summary
The facility staff failed to ensure that appropriate information was documented and communicated to the receiving healthcare institution for a resident who was transferred. The resident, who had diagnoses including Type 2 diabetes, chronic obstructive pulmonary disease, protein calorie malnutrition, congestive heart failure, hypertension, depression, and chronic kidney disease, was experiencing confusion and hallucinations. Despite the resident's intact cognition as per the minimum data set assessment, the facility did not provide evidence that the receiving healthcare facility was given adequate information to care for the resident. On the date of the incident, a progress note indicated that the resident was hallucinating and that a decision was made to send the resident to the emergency room. However, there was no documentation of a transfer form or any communication of pertinent information to the receiving hospital, such as contact information for the resident's practitioner, resident representative contact information, advance directives, special instructions, or the resident's comprehensive care plan goals. This deficiency was confirmed during an interview with corporate staff and discussed with the facility's administration team, but no further information was provided to the survey team before the exit conference.
Failure to Provide Bed Hold Notices for Hospital Transfers
Penalty
Summary
The facility staff failed to provide evidence of a bed hold notice being given to two residents, leading to a deficiency in compliance with the facility's policy. For one resident, who had diagnoses including Type 2 diabetes, COPD, and chronic kidney disease, there was no documentation of a transfer form or bed hold notice when the resident was sent to the ER due to confusion and hallucinations. The surveyor confirmed with corporate staff that the necessary documentation was not completed, and this issue was discussed with the facility's administration team. Another resident, with diagnoses such as prostate cancer and congestive heart failure, was transferred to the hospital on two occasions without evidence of the bed hold policy being provided to the resident or their representative. The facility's policy requires that a bed hold notice be given at the time of transfer or within 24 hours in emergencies, but no such documentation was found in the resident's records. This concern was also discussed with the facility's administration, but no further information was provided to the survey team before the exit conference.
Inaccurate and Missing MDS Assessments for Discharged Residents
Penalty
Summary
The facility staff failed to ensure accurate Minimum Data Set (MDS) assessments for two residents, leading to deficiencies in the documentation of their discharge status. For one resident, the discharge MDS assessment was incorrectly coded, indicating that the resident was discharged to a short-term general hospital, while the clinical record and staff interview confirmed that the resident was actually discharged home with home health services. This discrepancy was identified during a surveyor's review of the resident's clinical record and was acknowledged by a registered nurse who stated that a correction to the MDS would be made. For another resident, the facility staff failed to complete a discharge MDS assessment altogether. The resident's clinical record indicated that they had been discharged with no return anticipated, yet the MDS assessment was over 120 days old and missing. During an interview, MDS coordinators confirmed the absence of the discharge MDS assessment, attributing the oversight to a software system change earlier in the year. Despite providing a form indicating the completion of the discharge assessment, the survey team received no further information before the exit conference.
Expired Coconut Milk Not Discarded
Penalty
Summary
The facility staff failed to adhere to professional standards for food service safety by not discarding seven containers of unsweetened coconut milk that had exceeded the best by date of 5/13/24. On 9/04/24, a surveyor, in the presence of the Dietary Manager (DM), observed these expired containers in the dry storage area of the facility kitchen. The DM subsequently removed the containers from storage. The following day, the survey team discussed the issue of the out-of-date coconut milk with the Administrator, Director of Nursing, and the Clinical Services Manager. No additional information regarding this concern was provided to the survey team before the exit conference on 9/05/24.
Infection Control Breach During Medication Administration
Penalty
Summary
The facility staff failed to maintain proper infection prevention and control practices during medication administration on Unit #1. An LPN was observed placing a resident's Breo inhaler in their uniform pocket to transport it into the resident's room for administration. The LPN explained that they had additional items in their hands, including tissues from the medication cart, and did not want to make two trips, leading to the decision to place the inhaler in their pocket. This action was discussed with the facility's Administrator, Director of Nursing, and Clinical Services Manager, but no further information was provided to the survey team before the exit conference.
Failure to Offer Pneumococcal Vaccines to Residents
Penalty
Summary
The facility staff failed to offer pneumococcal vaccines to three residents, leading to a deficiency in immunization practices. Resident #42, who was moderately cognitively impaired and had diagnoses including Type 2 Diabetes Mellitus and Parkinson's Disease, was not offered a pneumococcal conjugate vaccine (PCV15 or PCV20) upon admission. The resident's clinical record lacked documentation of vaccination history or evidence of being offered the vaccine, despite CDC guidelines recommending such vaccinations for adults over a certain age. Similarly, Resident #49, who was cognitively intact and had a history of Type 2 Diabetes Mellitus and Aortic Valve Stenosis, was not offered a PCV20 or PPSV23 vaccine following admission. Although the resident had previously received a PCV13 and PPSV23 before age 65, there was no evidence of being offered the recommended vaccines upon admission to the facility. The facility's policy required documentation of prior vaccinations and timely administration of vaccines, which was not adhered to in this case. Resident #72, who was moderately cognitively impaired with conditions such as Type 2 Diabetes Mellitus and Dementia, was also not offered a PCV15 or PCV20 vaccine upon admission. The resident's clinical record did not contain a vaccination history or evidence of being offered the vaccine, contrary to CDC guidelines. The facility's policy outlined the responsibility of the Infection Preventionist to track and ensure timely vaccination, which was not fulfilled for these residents.
Failure to Offer Updated COVID-19 Vaccine and Obtain Consent
Penalty
Summary
The facility staff failed to offer an updated 2023-2024 COVID-19 vaccine to Resident #49, who was cognitively intact with a BIMS score of 15 out of 15. The resident's clinical record showed their last COVID-19 vaccine was administered on 2/02/23, and there was no evidence of an offer for the updated vaccine. The Infection Preventionist and Administrative Staff Member #4 confirmed the lack of documentation regarding the offer of the updated vaccine. For Resident #42, the facility staff did not provide evidence of education regarding the risks, benefits, and potential side effects of the COVID-19 vaccine, nor did they obtain consent prior to its administration. The resident, who was moderately cognitively impaired with a BIMS score of 8 out of 15, received the vaccine on 6/27/24. The Infection Preventionist and Administrative Staff Member #4 were unable to locate documentation of education or consent. Resident #2, who was severely impaired in cognitive skills and unable to make decisions, received a Moderna Monovalent booster COVID-19 vaccine on 11/16/23. The facility staff failed to provide evidence that the resident's representative received education about the vaccine's risks, benefits, and potential side effects before administration. The Infection Preventionist and Administrative Staff Member #4 confirmed the absence of such documentation.
Failure to Notify Provider of Critical Lab Result
Penalty
Summary
The facility staff failed to notify the provider of a critical lab result for a resident, which was a significant deficiency identified by the surveyors. The resident had a history of cerebral infarction, chronic obstructive pulmonary disease, hypertension, moderate protein calorie malnutrition, depression, and vitamin deficiency. The resident was on medications such as aspirin and Eliquis, which increased the risk of bleeding. A critical lab result indicating a hemoglobin level of 6.1, which is life-threatening, was available on 9/9/23 but was not addressed by a practitioner until the following day. This delay in addressing the critical lab result led to the resident being sent to the emergency room for a blood transfusion due to a gastrointestinal bleed. The Director of Nursing and the Regional Nurse Consultant acknowledged the delay, attributing it to the lab service not notifying them of the critical result. The facility's policy on resident change in condition requires immediate notification of the physician or provider in emergency situations, which was not followed in this case. The survey team discussed this concern with the facility's administration, but no further information was provided before the exit conference.
Failure to Follow Provider Orders for Wound Care and NPO Status
Penalty
Summary
The facility staff failed to follow provider orders for two residents, leading to deficiencies in care. For one resident, the staff did not complete provider-ordered treatments for a surgical wound on multiple occasions across March, April, and May. The resident had a diagnosis of muscle weakness, diabetes, and a chronic ulcer, and was cognitively intact. Despite the comprehensive care plan indicating the need for treatment, the treatment administration records were left blank on several dates, and no evidence was provided to confirm that the treatments were completed. Interviews with staff revealed uncertainty about whether the treatments were done or simply not documented. For another resident, the facility staff did not adhere to a provider's order for the resident to be NPO (nothing by mouth) before a scheduled medical procedure. The resident, who was cognitively intact and had multiple diagnoses including end-stage renal disease and diabetes, was documented to have eaten breakfast on the day of the procedure, contrary to the NPO order. As a result, the resident was unable to receive anesthesia for the procedure. The facility's policy on reviewing physician/provider orders was not followed, and no further information was provided to address this concern before the survey exit conference.
Insulin Administration Error Due to Transcription Mistake
Penalty
Summary
The facility staff failed to ensure that a resident was free from significant medication errors, specifically in the administration of insulin. The resident, who had a history of type 2 diabetes mellitus with complications and was on long-term insulin use, was admitted to the facility with hospital discharge orders for insulin administration. The orders included a sliding scale for Insulin Lispro Kwikpen, which was incorrectly transcribed by the facility staff, omitting instructions for blood sugar levels between 121 and 150. As a result, the resident did not receive insulin for blood sugar readings of 137 and 143, which should have been treated according to the correct sliding scale. Additionally, the resident's medication administration record (MAR) showed that the Basaglar KwikPen (Insulin Glargine) dose was not administered on one occasion, with no corresponding nurse's note to explain the omission. The staff development coordinator, an LPN, acknowledged the transcription error and its impact on the resident's insulin administration. The issue was discussed with the facility's administration and nursing leadership, but no further information was provided before the exit conference.
Failure to Obtain Ordered Lab Test for Resident
Penalty
Summary
The facility staff failed to obtain a provider-ordered laboratory test for a resident diagnosed with unspecified dementia, bipolar disorder, and depression. The resident's medical records indicated a severe cognitive impairment, with the resident rarely or never understanding others and having severely impaired decision-making abilities. A physician had ordered a Depakote level test to be conducted on a specific date, but the test was not performed as required. The absence of the test results was noted during a review of the resident's medication regimen, and the issue was highlighted in a pharmacist's consultation report. Despite the order being present in the treatment administration record, it was not signed off as completed. When questioned, the facility's staff, including the DON and an LPN, were unable to provide the missing lab results and confirmed that the test was not conducted. The issue was discussed with the facility's administration and regional representatives, but no further information was provided to the survey team before the exit conference.
Incomplete and Inaccurate Clinical Records
Penalty
Summary
The facility staff failed to maintain complete and accurate clinical records for three residents, leading to deficiencies identified during a survey. For one resident, the staff did not document an allergy to Hydrocodone in the clinical record, despite this information being available in the resident's history and physical exam from a transferring hospital and noted in the Nursing Admission Report. This oversight was discussed with the facility's administrative staff, but no further information was provided to the survey team before the exit conference. Another resident's clinical record was incomplete as it lacked advanced directives, despite an order for DNR status being present. The Social Services Annual Evaluation incorrectly stated that the resident had a Living Will, which was not found in the electronic record. Additionally, a third resident's Virginia Department of Health Durable Do Not Resuscitate form was incomplete, with required sections left unchecked. These issues were discussed with the facility's administrative team, but no additional information was provided before the survey's conclusion.
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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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