Norfolk Health Care Center
Inspection history, citations, penalties and survey trends for this long-term care facility in Norfolk, Virginia.
- Location
- 901 East Princess Anne Road, Norfolk, Virginia 23504
- CMS Provider Number
- 495210
- Inspections on file
- 19
- Latest survey
- March 12, 2026
- Citations (last 12 mo.)
- 13 (1 serious)
Citation history
Health deficiencies cited at Norfolk Health Care Center during CMS and state inspections, most recent first.
A resident with stroke, chronic systolic HF, left-sided hemiparesis, aphasia, and moderate cognitive impairment (BIMS 7) was allowed to leave on an LOA with a person identified as a cousin, after being signed out and assisted by a CNA who was not trained on the LOA process. Staff, including an LPN and the Manager on Duty, believed the resident was going to a cookout and would return later that day, but the resident did not return and remained away for about three days without the knowledge of nursing staff or family. The resident’s daughter learned he was missing only when contacted by staff, and a missing person report was filed with local law enforcement. Although facility policy required prompt reporting of unusual incidents and submission of a 5‑day investigative report to the state agency, no such reports were made; instead, the state agency received an anonymous complaint and later a call from the resident. The facility’s internal investigation was incomplete and did not include all relevant statements or a full chronology of events.
Staff failed to follow and competently implement the LOA process, allowing a cognitively impaired, functionally dependent resident with multiple comorbidities to leave with a cousin for several days without the knowledge of nursing staff or family. A CNA who had not been trained on LOA assisted the resident in leaving, and an LPN relied on second-hand information that the resident would return later that evening, without confirming or documenting the required LOA details or medications. The resident did not return as expected, and his absence was only recognized the next day when an LPN noted missed medications and contacted the resident’s daughter, who reported that the family had not taken him. The facility’s LOA policy requirements for nurse notification, estimated time of return, medication provision, and documentation were not met, and no required report of the incident was submitted to the state agency.
Staff failed to follow written menus and individual meal tickets for several residents, including one with stroke and heart failure on a fluid‑restricted diet who received a biscuit instead of the ordered cornbread, another with a tracheostomy and diabetes on a mechanical advanced/chopped diet who was served an unchopped pork loin and a biscuit instead of the ordered dinner roll, and a resident with dysphagia and cerebral palsy who did not receive the cornbread portion listed on the meal ticket despite expressing a desire for more food to gain weight. The Dietary Manager reported that ordered bread items were unavailable due to missed food deliveries and that substitutions were not updated in the menu/meal ticket software.
A resident with multiple comorbidities and intact cognition was discharged home with physician orders for a bedside commode, front‑wheeled walker, and HH services including nursing and PT. The resident reported that the ordered DME did not arrive for several days and HH services did not start for about a week, leaving her to use a bedpan despite limited mobility and reporting increased weakness and flaccidity in one leg. The Director of Social Services and Director of Rehabilitation confirmed the delays in DME delivery and HH initiation, and the Administrator acknowledged the time frames were not acceptable. Discharge planning notes documented the resident’s complaints about missing DME, the inability of a PCA company to provide services, and subsequent contacts with the DME supplier and multiple HH agencies, confirming that the resident’s ordered equipment and HH services were not provided in a timely manner after discharge.
Multiple residents did not receive beverages with their lunch meals as listed on menus, meal tickets, or physician orders. Cognitively intact and impaired residents with conditions such as dysphagia, cerebral palsy, malnutrition, stroke, renal failure, heart failure, tracheostomy, diabetes, and PVD were served full meals without the hot coffee, tea, milk, or measured fluid-restricted beverages specified for them. In some cases, a resident verbally requested the missing beverage from an LPN, who did not return with it, while CNAs relied on bedside water pitchers instead of following the meal ticket. The Dietary Manager reported that beverages had been removed from trays due to spills and sent separately, and also noted a software error listing milk at lunch, but was unaware that residents were not consistently receiving the required 8 oz and 6 oz beverages with meals.
Staff failed to post required enhanced barrier precaution (EHB) signage for a resident with a tracheostomy and feeding tube who had an active physician order for EHB every shift and documented cognitive impairment. During multiple days of surveyor observation, no EHB sign was present on the resident’s door or wall, even though EHB signs were posted for other residents throughout the facility. A CNA and an RN confirmed that residents with trachs, feeding tubes, PICC lines, or dialysis should be on EHB precautions and that staff had been in-serviced to follow posted signs for high-contact care activities. The RN acknowledged that the resident should have been on EHB precautions and attributed the missing signage to the resident’s recent room change, during which new signage was not put up.
Facility staff failed to maintain a sanitary, clean, and comfortable environment on both the 200-unit and 400 floor. On the 200-unit, corridors were littered with debris and uncleaned spills, rooms had dirty floors, missing trash can liners, used gloves on the floor, heavily soiled and damaged fall mats, and clutter including broken items and dust under beds; one resident also reported that another resident’s TV remote controlled his television. An EVS staff member stated she mops around items on the floor rather than moving them and was unable to fully clean some fall mats, though she reported these issues to her supervisor. On the 400 floor, surveyors noted recurring strong urine odors and dirty, debris-covered floors on some tours, contrasted with periods when the area appeared clean and odor-free, with only a few housekeepers present when odors were again detected; facility leadership acknowledged environmental concerns.
The facility failed to ensure RN coverage and competent tracheostomy care on a specialized unit, resulting in missed medication doses, inadequate assessment, and improper interventions by LPNs for residents with complex needs. These deficiencies led to critical events, including two resident deaths and one resident found deceased without RN oversight, with staff reporting inadequate training and support.
A resident with intact cognitive abilities and at risk for pressure ulcers reported waiting for hours for incontinence care, preventing participation in activities. The care plan required timely cleaning and moisture barrier application, but staff failed to adhere, as observed by a heavily saturated brief. A CNA acknowledged the delay, and an LPN considered the resident okay since the urine was contained, leading to the deficiency.
Failure to Implement Abuse and Unusual Occurrence Reporting Policies for Unauthorized LOA
Penalty
Summary
The deficiency involves the facility’s failure to implement its abuse and unusual occurrence reporting policies when a cognitively impaired resident left the facility on a leave of absence (LOA) and remained away for approximately three days without the knowledge of nursing staff or the resident’s family. The resident had diagnoses including stroke, hypertension, chronic systolic heart failure, left-sided hemiparesis, and aphasia, and a recent MDS with a BIMS score of 7/15 indicating moderate cognitive impairment, with a need for assistance with all ADLs. At the time of the incident, the resident was his own decision maker, as the POA documents were not executed until after his return. On the day of the incident, the resident left the facility around 2:00 p.m. with a person identified as a cousin, who signed the resident out on the LOA sheet; staff, including an LPN and the Manager on Duty, understood that the resident was going to a cookout and would return later that evening. The report states that a CNA, who was not trained on the LOA process, helped the resident leave, which the Administrator later identified as an error. The resident did not return that evening as expected. The following day, an LPN became concerned when the resident was not back in the building to receive medications and called the resident’s daughter, who then learned for the first time that the resident was missing and that no family member had removed him. The facility’s abuse/neglect/misappropriation/crime policy required reporting unusual incidents or occurrences to the State Survey Agency, including events likely to result in legal action or involving law enforcement, and specified time frames for initial reporting and submission of investigative findings. Despite the resident being gone for approximately 72 hours and a missing person report being filed with local police, the facility did not submit an initial report or a 5‑day follow‑up report to the state agency as mandated by its abuse policy. The state agency instead received an anonymous complaint two days after the incident, with an addendum indicating that the resident himself later contacted the state agency after learning he had been deemed a missing person and expressed a desire to discharge and make his own decisions. The facility’s internal investigation was incomplete at the time of review; it lacked statements from residents and all involved individuals and did not clearly document the chronology of events leading to the incident. The Administrator and DON reported no additional information when interviewed, and the failure to follow the abuse and unusual occurrence reporting policy, along with allowing an untrained CNA to assist with the LOA, constituted the core deficiency.
Failure to Ensure Competent LOA Process Resulting in Unmonitored Resident Absence
Penalty
Summary
Facility staff failed to maintain competency in the nursing aide proficiency related to leaves of absence (LOA), resulting in a resident leaving the facility for approximately three days without the knowledge of family or nursing staff. The resident involved had a history of stroke, hypertension, chronic systolic heart failure, left-sided hemiparesis, and aphasia, and had a BIMS score of 7/15 indicating moderate cognitive impairment. He required assistance with all activities of daily living and, prior to the incident, was his own decision maker, as the power of attorney (POA) documents were not executed until after his return. On the day of the incident, the resident left the facility at approximately 2:00 p.m. with a person identified as a cousin, who signed the resident out on the facility’s LOA sign-out sheet. CNA staff assisted the resident in leaving, despite not having been trained on the LOA process. The Manager on Duty observed the resident leaving with the family member and was told by both the cousin and the resident that he had been signed out and would be going to a cookout and returning later that evening. LPN staff were informed, via another CNA, that the resident would return around 7:00 p.m., and this information was passed in shift report, but no further verification or follow-up occurred when the resident did not return as expected. The facility’s LOA policy required that the patient or responsible party notify a licensed nurse prior to leaving, provide an estimated time of return, receive medications, and have the LOA documented in the medical record, with additional notification to administrative staff if the resident would not return the same day. In this case, the resident left with a family member without medications and without a documented plan consistent with policy requirements. The resident’s departure was not recognized as a problem until the following day when an LPN noted that he had not returned to receive medications and contacted the resident’s daughter, who reported that the family had not removed him and was unaware of his whereabouts. No initial or 5‑day follow‑up report of the incident was submitted by the facility to the state agency as required by law.
Failure to Follow Menus and Meal Tickets for Diet Orders and Portions
Penalty
Summary
Facility staff failed to serve meals according to the written menu and individual meal tickets for multiple residents. One resident with stroke, renal failure, and heart failure, who had moderately impaired cognition and required setup assistance for eating, was observed at lunch receiving roasted pork with gravy, beets, mashed potatoes, a biscuit, and an apple dessert. The resident’s menu and personal meal ticket specified that cornbread, not a biscuit, should be served, and the meal ticket also documented a regular diet with a fluid restriction of 1200 milliliters per day and one 8‑ounce beverage. The Dietary Manager later stated that cornbread was not available because the food delivery did not occur as scheduled and that the substitute item was not updated on the menu or meal tickets due to software difficulties. Another resident with tracheostomy, diabetes, peripheral vascular disease, and heart failure, who had intact cognition and required setup assistance with eating, was ordered a mechanical advanced/chopped diabetic diet. The meal ticket for this resident specified chopped roasted pork loin, diced beets, mashed potatoes, a dinner roll, margarine, apple crisp, 2% milk, and hot coffee or tea. During observation of the lunch meal, the resident was served a whole slice of roasted pork with gravy instead of chopped pork, and a biscuit instead of the dinner roll listed on the ticket. The Dietary Manager acknowledged that the pork loin not being chopped was an error and again reported that dinner rolls were unavailable due to a missed food delivery and that the substitute item was not reflected on the menu or meal tickets. A third resident with dysphagia, mechanically altered PO intake, and cerebral palsy, who had intact cognition and was able to use utensils to eat once the meal was placed before him, reported wanting more food to gain weight and stated he was not receiving extra portions despite asking. Observation of this resident’s lunch tray showed roasted pork loin, pork gravy, diced Harvard beets, creamy mashed potatoes, a biscuit, and apple crisp. The resident’s meal ticket listed the same items but included cornbread, which was not present on the tray. The resident commented that the tray “comes like that sometimes” but reiterated his desire to gain weight. The Dietary Manager later stated there was no cornbread mix available, so a biscuit was served instead.
Failure to Ensure Timely Provision of DME and Home Health Services After Discharge
Penalty
Summary
Facility staff failed to ensure timely provision of ordered durable medical equipment (DME) and home health (HH) services for one resident who was discharged home. The resident, cognitively intact per a discharge MDS BIMS score of 15, had diagnoses including atherosclerotic heart disease of native coronary artery without angina pectoris, morbid obesity due to excess calories, end stage renal disease, and muscle weakness. Upon discharge home, physician orders were in place for a bedside commode and a front‑wheeled walker to be delivered to the resident’s home, as well as HH services including nursing and physical therapy. The resident reported that these DME items were not delivered until several days after discharge and that HH services did not begin until approximately one week after arrival home. During this period, the resident stated she had to use a bedpan for four days and, due to limited mobility, this was very difficult on her body and mental state, and she reported that her body became weaker and one leg became flaccid. Interviews with facility staff corroborated the delays in DME and HH service initiation. The Director of Social Services confirmed that the resident was discharged home and that the bedside commode and front‑wheeled walker were not delivered until several days later, and that HH services did not begin until about a week after discharge, acknowledging this was an issue and not typical. The Director of Rehabilitation stated she had provided a bedpan prior to discharge because the bedside commode would not be at the home when the resident arrived and later went to the resident’s home to set up the bedside commode after the DME provider did not do so. The Administrator stated it was not acceptable that the DME was delivered and HH services started after such delays. Discharge planning notes documented the resident’s calls reporting that DME had not been delivered and that a personal care aide company could not cover services, as well as subsequent contacts with the DME provider and multiple HH agencies, confirming that the ordered equipment and HH services were not in place in a timely manner following discharge.
Failure to Provide Ordered and Menu-Listed Beverages With Meals
Penalty
Summary
The deficiency involves the facility’s failure to provide beverages as listed on menus, as ordered, or per resident preferences during meals for multiple residents. For one resident with dysphagia, mechanically altered PO intake, and cerebral palsy, the lunch meal ticket specified hot coffee or hot tea, but no beverage was served with the meal. The resident, who had intact cognitive abilities and could use utensils to bring food and liquid to the mouth, reported not receiving anything to drink with lunch and indicated he would drink from his personal water bottle instead. Facility leadership later acknowledged that the meal ticket should have been followed and that beverages should have been available. Another cognitively intact resident with a diagnosis including moderate protein calorie malnutrition reported poor service from nursing and dietary staff. At lunch, the resident’s meal ticket listed hot tea or coffee, but no beverage was present on the tray other than what was already on the bedside table. The resident was heard asking an LPN for his tea or coffee; the LPN shrugged, left the room, and did not return with a beverage. The Dietary Manager later stated that the residents should have received their beverages. Two additional residents did not receive beverages in accordance with the menu and their personalized meal tickets. One resident with stroke, renal failure, and heart failure, and with moderately impaired cognition, had a lunch meal served without any fluids, despite the menu specifying an 8 oz and a 6 oz beverage at lunch and the resident’s ticket allowing one 8 oz beverage due to a 1200 ml/day fluid restriction. The following day, this resident again received a lunch meal with no fluids served. Another resident with tracheostomy, diabetes, PVD, and heart failure, and intact cognition, was served lunch meals on two consecutive days without any fluids, even though the menu called for an 8 oz and a 6 oz beverage and the meal ticket specified 2% milk (8 oz) and hot coffee or tea (6 oz). The Dietary Manager explained that beverages had been removed from trays due to spilling and were being sent separately, and that he was unaware residents were not consistently receiving beverages as planned. Across these cases, surveyors observed that residents did not receive beverages as listed on the menu or meal tickets, or as ordered, during lunch meals. Staff interviews confirmed that meal tickets should have been followed and that beverages were expected to be provided with meals. The Dietary Manager acknowledged that drinks were being sent separately from trays due to spill concerns and that there was an error in the menu software offering milk at lunch, while also stating that no concerns had been raised to him about residents not receiving beverages according to the menu, preferences, and physician orders.
Failure to Post Enhanced Barrier Precaution Signage for Resident With Tracheostomy
Penalty
Summary
Facility staff failed to implement the ordered enhanced barrier precautions (EHB) for a resident with a tracheostomy. The resident, admitted with diagnoses including tracheostomy status and a feeding tube, had a physician’s order for "Enhanced Precaution r/t Trach every shift" active since 11/04/25. The discharge MDS documented short-term memory loss and moderately impaired cognitive abilities for daily decision-making. During surveyor rounds from 1/12/26 through 1/14/26, no EHB signage was observed on the door or wall of the resident’s room, despite the active order and the presence of a tracheostomy and enteral feeding at the bedside. Staff interviews confirmed that EHB precautions were required for residents with tracheostomies, feeding tubes, PICC lines, or dialysis, and that staff had been in-serviced on following posted EHB signs for high-contact care activities such as dressing, bathing, transferring, changing linens, providing hygiene, changing briefs, device care, and wound care. A CNA described the need to follow EHB signage for such residents, and an RN acknowledged that the resident with a tracheostomy should have been on EHB precautions and that signage should have been posted, explaining that the resident had been moved to another room the previous day and no new signage was put up. Throughout the survey, EHB signs were observed on all floors for other residents, but not for this resident, and facility leadership did not provide additional information to refute the absence of signage.
Failure to Maintain Sanitary and Comfortable Environment on 200 and 400 Units
Penalty
Summary
Facility staff failed to maintain a sanitary, clean, and comfortable environment on the 200-unit. During a tour of the unit, surveyors observed the lower numeral corridor littered with debris, with many dark spots on the floor that appeared to be uncleaned spills, and cluttered with various medical equipment. In one room, the floor was described as simply dirty, the trash can had no liner, and a used glove was on the floor. The A bed resident’s fall mats at the bedside had holes and a dark substance on them, and the floor space under the head of the bed was filled with broken, useless items, a wheelchair leg rest, and a large amount of dust and dirt; the room overall was very cluttered. The resident in the B bed reported that the A bed resident’s television remote control changed the television channels on his side of the room. In another room, the room was dark and smelly, the floor was covered with dirt and debris, and the bathroom toilet was dirty and smelly; the corridor outside this room was extremely odorous, and the odor did not dissipate over time. An EVS staff member stated she worked hard to keep the unit clean, but reported that she does not move items on the floor when mopping, instead mopping around them, and that some fall mats could not be fully cleaned despite scrubbing; she stated she documented these issues in daily notes and gave them to her supervisor. On the 400 floor, staff also failed to provide a consistently sanitary and comfortable environment. During an initial tour, a strong urine odor was detected in the hallways, and the floors had visible dirt and debris, while a housekeeper was observed standing near her cart. On a subsequent tour, the floors appeared clean and no odor was present, and several housekeeping staff were observed cleaning rooms and mopping floors. However, on a later tour, a strong urine odor was again present on the 400 floor, and only a few housekeepers were observed on the unit. In a final interview with the Administrator, DON, Regional President, and Regional Nurse Consultant, facility leadership acknowledged agreement that there were environmental concerns.
Failure to Provide RN Coverage and Competent Tracheostomy Care
Penalty
Summary
Facility staff failed to provide competent professional nursing oversight, assessment, and administration of tracheostomy care for three residents on a specialized tracheostomy unit. The facility did not ensure that a Registered Nurse (RN) was present on every shift as required, resulting in lapses in care and medication administration. For one resident, there were multiple missed doses of IV and oral vancomycin following a hospital discharge for sepsis and pneumonia, with documentation showing that antibiotics were not administered as ordered for several days. The resident exhibited worsening symptoms, including fever and low blood pressure, without adequate assessment or intervention, and was ultimately sent to the hospital in critical condition and expired the same day. Staff interviews revealed that LPNs and CNAs often felt unprepared to care for tracheostomy residents and were unsure how to recognize signs of distress or perform safe suctioning. Another resident, who was at high risk for hemorrhage due to anticoagulation therapy, experienced a critical event when an LPN, without RN supervision, performed suctioning after the resident began coughing up blood and lung tissue. The resident's oxygen saturation dropped to a dangerously low level, and the resident was sent to the hospital with a tracheal tear and subsequently expired. The care plan for this resident lacked essential interventions for tracheostomy care, such as oxygen humidification, cannula management, and suction device settings. Staff interviews confirmed that RNs were not always present on the unit, and staff felt inadequately trained to manage tracheostomy care. A third resident, who was non-verbal and dependent on staff for all care, was found deceased on the unit during a shift when no RN was present. The scheduled RN, who was new and inexperienced with tracheostomies, left the facility after realizing she would be the only RN on the unit, and the DON refused to come in to provide coverage. Facility records confirmed that only LPNs were present on the unit at the time, and an RN from another floor had to be called to pronounce the resident's death. The facility's own assessment indicated awareness of the requirement for RN coverage on the tracheostomy unit, but this was not consistently implemented.
Removal Plan
- A Registered Nurse with documented tracheostomy competency training will be assigned to the tracheostomy unit every shift 7 days per week.
- Director of Nursing (DON) or designee will verify and document on assignment sheet the presence of an RN with documented tracheostomy training.
- The Regional Director of Specialty Care or designee will ensure all RN staff scheduled to work on the tracheostomy unit have completed reeducation and competency validation in care of tracheostomy patients, prior to assuming an assignment.
- A roster of RN's will be maintained by the DON or designee and provided to staffing scheduler to ensure immediate coverage in the event of call-off.
Failure to Provide Timely Incontinence Care
Penalty
Summary
The facility's staff failed to provide timely incontinence care for a resident who was always incontinent of bladder and frequently incontinent of bowels. The resident, who had intact cognitive abilities and was at risk for pressure ulcers, reported waiting for hours to be cleaned up, which prevented participation in activities. The care plan for the resident included keeping the skin clean and dry, applying a moisture barrier, and cleaning the peri area with each incontinent episode. However, the staff did not adhere to these interventions, as evidenced by the resident's report and the observation of a heavily saturated brief. During an interview, a CNA acknowledged that the resident had been waiting a while to be changed and stated she would attend to the resident after assisting another. An LPN observed the resident's brief was heavily saturated but considered the resident okay since the urine was contained within the brief. These actions and inactions led to the deficiency, as the facility staff did not provide timely incontinence care, which was confirmed through resident and staff interviews, clinical record reviews, and observations.
Latest citations in Virginia
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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