Evergreen Health Services
Inspection history, citations, penalties and survey trends for this long-term care facility in Shawano, Wisconsin.
- Location
- 1250 Evergreen St, Shawano, Wisconsin 54166
- CMS Provider Number
- 525343
- Inspections on file
- 24
- Latest survey
- September 16, 2025
- Citations (last 12 mo.)
- 4 (1 serious)
Citation history
Health deficiencies cited at Evergreen Health Services during CMS and state inspections, most recent first.
A resident with severe cognitive impairment and a history of wandering exited the facility unsupervised due to a malfunctioning exit alarm system and inadequate supervision. Staff failed to consistently monitor and respond to alarms, and temporary backup alarms were found to be turned off or nonfunctional. The facility did not determine the root cause of the alarm failure or ensure staff were properly educated on alarm use, resulting in immediate jeopardy.
Eight residents experienced prolonged call light response times, with some waiting up to nearly an hour for assistance with ADLs such as toileting and transfers. These delays led to incontinence, embarrassment, and stress, and in several cases, staff turned off call lights without meeting residents' needs. Staff and resident interviews, as well as facility records, confirmed that staffing shortages and staff routines contributed to these delays, despite facility policies requiring prompt response and assistance.
Staff did not consistently offer or assist residents with hand hygiene before or after meals, despite facility policy and CDC guidelines requiring this practice, especially during COVID-19 precautions. Hand sanitizing wipes or sanitizer were not made available on dining tables, and staff interviews revealed lapses in following infection control procedures.
Several residents experienced significant delays in receiving room tray meals, with breakfast and lunch often served 30 minutes to an hour past posted times. Residents expressed frustration over the wait, especially when compared to those eating in the dining room, and reported that concerns had been raised repeatedly in resident council meetings. Staff interviews revealed a lack of awareness about the extent of the issue, and observations confirmed that meal trays were left on carts for extended periods before delivery.
A resident with multiple cardiac and neurological conditions was returned to the facility with a cardiac monitor, but staff failed to assess the resident's ability to use the device, did not document monitoring or device checks, and did not obtain or follow up on necessary orders or instructions. Interviews confirmed a lack of documentation and follow-up regarding the cardiac monitor, resulting in a deficiency related to appropriate care and treatment.
Three residents with respiratory conditions used CPAP machines without timely physician orders for use, cleaning, or maintenance, as required by facility policy. Observations showed that some residents' CPAP equipment was visibly dirty, and residents reported not receiving needed staff assistance with cleaning. Staff acknowledged that orders and cleaning should have been completed upon admission, but these actions were not taken.
A resident was found with hydrocortisone cream at their bedside without a physician's order or authorization for self-administration. Facility policy requires an order and assessment for bedside medication, but neither was present in the medical record. Staff confirmed the absence of an order and that the medication was not on the MAR, resulting in a failure to ensure safe and accurate drug administration.
Surveyors observed multiple failures in infection prevention and control, including staff not performing hand hygiene between glove changes, not using required PPE during high-contact care for a resident on enhanced barrier precautions, and leaving a catheter drainage bag uncovered and on the floor. These lapses occurred during care for residents with significant medical needs, including wounds and catheters, and were confirmed by staff interviews and record review.
Three residents experienced falls due to inadequate supervision and care planning. One resident fell while smoking unsupervised, lacking a smoking care plan despite needing assistance with locomotion. Another resident fell from a lift chair without reassessment or implemented interventions. A third resident's care plan was not updated promptly after a fall, delaying necessary interventions.
The facility failed to properly store and administer medications for two residents. An RN misplaced a resident's eye drops, leading to a nine-day lapse in administration. Additionally, an LPN left medication unattended on a cart. Both actions violated facility policies requiring secure storage and supervision of medications.
A resident with chronic gout and frequent flare-ups did not have an updated care plan to reflect their current care needs. Despite multiple documented episodes of pain and swelling, the care plan lacked measures to monitor or manage these issues, which was confirmed by the Nurse Practitioner and Director of Nursing.
Medication was not administered according to the facility's policy for a resident with diabetes mellitus. An LPN failed to recap the needle after drawing up insulin, as observed by a surveyor. Both the LPN and the DON confirmed that the policy requires recapping the needle after withdrawing medication.
The facility failed to monitor adverse reactions to gabapentin for two residents prescribed the medication for pain management. Despite the facility's policy requiring ongoing monitoring for medication efficacy and adverse consequences, the plans of care for both residents did not include such monitoring. The DON acknowledged the oversight, attributing it to a misunderstanding of the policy requirements.
The facility failed to coordinate hospice services for two residents, resulting in inadequate documentation and communication. Hospice visit notes were not properly maintained in the medical records or hospice binders, and there was a lack of designated staff to coordinate care with hospice representatives.
A resident with chronic health conditions did not receive the full pneumococcal vaccine series as recommended by the CDC. Despite consent for the PCV13 vaccine, the resident only received the PPSV23 vaccine, and the facility failed to administer the required PCV15 or PCV20 dose.
Failure to Provide Adequate Supervision and Maintain Functional Exit Alarms for Resident at Risk of Elopement
Penalty
Summary
A deficiency occurred when a resident with severe cognitive impairment and multiple medical conditions, including toxic encephalopathy, chronic kidney disease, and a BIMS score of 0, exited the facility unsupervised. The resident was at risk for wandering and elopement, as documented in their care plan, and required increased supervision. Despite being equipped with a WanderGuard bracelet and having interventions in place, the resident was able to leave the facility without staff knowledge and was later found lying on the side of a road, confused and unable to answer questions, approximately 0.3 miles from the facility. The facility failed to ensure that all exit doors were properly alarmed and did not have a reliable system in place to verify that door alarms were functioning. The Director of Maintenance had been checking door alarms by visually observing keypads rather than actually testing the alarms, and it was discovered after the incident that at least one exit door alarm did not sound when opened, despite appearing to be armed. Staff interviews revealed that alarms were not consistently heard or responded to, and some staff were unsure how to operate or reset the alarms. Additionally, temporary magnetic strip alarms installed as a backup were found to be turned off or nonfunctional on several doors during the surveyor's inspection. The facility's investigation into the incident did not include interviews with staff or residents regarding the alarms, nor did it determine the root cause of the alarm malfunction. There was a lack of documentation and education regarding the proper functioning and monitoring of both the permanent and temporary alarm systems. The failure to provide adequate supervision and to maintain a reliable alarm system for residents at risk for elopement resulted in a finding of immediate jeopardy.
Removal Plan
- Ensure temporary alarms are in place and functioning and implement a process that includes increased frequency of door alarm monitoring.
- Review residents at risk for wandering.
- Educate all staff on the facility's elopement/wandering procedure and alarms, including monitoring and managing residents at risk for elopement or unsafe wandering and completing a wander risk assessment when a resident attempts to elope.
- Educate management staff on completing a thorough investigation.
- Implement audits to ensure wander risk assessments are completed, alarmed doors are functioning properly, and incidents are thoroughly investigated. Review audits with Quality Assurance and Performance Improvement (QAPI) members.
Delayed Call Light Response and Inadequate ADL Assistance
Penalty
Summary
Surveyors identified that the facility failed to provide timely assistance for activities of daily living (ADLs) to eight out of sixteen sampled residents. Multiple residents experienced prolonged call light response times, with documented waits ranging from 15 to 57 minutes. These delays resulted in residents waiting to be assisted to bed, experiencing incontinence, and feeling embarrassment or stress. In several cases, staff turned off call lights without addressing the residents' needs, requiring residents to reactivate their call lights or wait even longer for assistance. Residents and their roommates confirmed these occurrences during interviews, and staff interviews corroborated that call light response times were often lengthy, especially during busy periods or when the facility was short-staffed. The facility's own policies require that all staff respond to activated call lights and that residents receive necessary services to maintain their abilities in ADLs. Despite these policies, staff interviews revealed that call lights were sometimes turned off without providing the requested assistance, and residents were told they could not go to bed at their preferred times. Staff described having routines for putting residents to bed and sometimes delaying assistance based on their own schedules rather than residents' needs. Several staff members acknowledged that staffing shortages contributed to the delays, and that response times could be as long as 20 minutes or more, particularly during shift changes or peak times. Medical records and Minimum Data Set (MDS) assessments indicated that the affected residents had significant physical and cognitive needs, including total dependence on staff for bathing, toileting, and transfers. The delays in responding to call lights led to increased incontinence, embarrassment, and stress for these residents. The facility's grievance log and call light audits further substantiated the pattern of delayed responses, with multiple instances of call lights remaining unanswered for extended periods. Facility leadership acknowledged that staff should not turn off call lights without meeting residents' needs and that communication among staff should be used to ensure timely assistance, but also indicated that a 15-minute response time was considered acceptable during busy times.
Failure to Provide Hand Hygiene During Meals Under Infection Control Precautions
Penalty
Summary
The facility failed to establish and maintain an effective infection prevention and control program, specifically regarding hand hygiene practices during meal times. Despite being under COVID-19 precautions due to staff exposure, staff did not offer or assist residents with hand hygiene before or after meals in the dining room. Observations showed that hand sanitizing wipes or hand sanitizer were not made available on dining tables, and staff did not consistently provide or remind residents to perform hand hygiene prior to eating. Interviews with dietary and nursing staff revealed a lack of adherence to the facility's hand hygiene policy, with some staff forgetting to offer hand hygiene and others being unsure of the procedures. While some staff eventually offered wipes after being prompted, this was not done consistently or in accordance with policy requirements. The deficiency was observed during both lunch and supper, affecting multiple residents in the dining room. Staff interviews confirmed that hand hygiene should have been offered before and after meals, but this was not routinely practiced. The facility's own policy, as well as CDC guidelines, require hand hygiene before and after eating to prevent the spread of infection, especially during a COVID-19 outbreak. The Nursing Home Administrator confirmed that staff were trained and expected to follow these procedures, but the observed practices did not align with policy or regulatory expectations.
Delayed Meal Service for Room Trays
Penalty
Summary
The facility failed to ensure that meals and snacks were served at regular times and according to resident preferences for seven sampled residents. Multiple observations over several days revealed that room trays for breakfast and lunch were consistently delivered 30 minutes to an hour after the posted meal times. Residents reported frequent delays, with some indicating that breakfast was sometimes not served until nearly two hours after the scheduled time. Residents who received room trays expressed frustration at having to wait significantly longer than those who ate in the dining room, and several noted that the issue was ongoing and had been discussed in resident council meetings. Surveyors observed that room trays were plated first but then left on carts for extended periods before being delivered to residents' rooms. The delivery process involved multiple stops across different units, further delaying meal service. Residents interviewed described feeling upset and dissatisfied with the wait times, particularly for breakfast and lunch. Some residents noted that meal delivery was more timely when a hospitality aide was scheduled, but this only occurred twice per week. The dietary manager and nursing home administrator were unaware of the extent of resident concerns, and the dietary manager stated that kitchen staff typically did not assist with tray delivery except during staffing shortages. The deficiency was further substantiated by group interviews during a resident council meeting, where multiple residents confirmed that room tray delivery was frequently late, sometimes by over an hour. Residents expressed that the delays were unacceptable and that they should not have to wait so long for meals, especially when the posted meal times were not being honored. The observations and interviews consistently demonstrated a pattern of late meal service for residents receiving room trays, with staff and management unaware or uninformed about the ongoing concerns.
Failure to Assess and Monitor Cardiac Device Use
Penalty
Summary
A deficiency occurred when the facility failed to provide appropriate care and treatment for a resident who required cardiac monitoring. The resident, who had a history of hemiplegia, hemiparesis following a stroke, congestive heart failure, COPD, emphysema, and atrial fibrillation, was admitted with moderate cognitive impairment and was responsible for their own healthcare decisions. After a cardiology appointment, the resident returned to the facility with a cardiac monitor in place, but there was no documentation of new orders or instructions regarding the monitor. Staff did not assess the resident's ability to follow cardiac monitoring instructions, nor did they document any monitoring assessments, device checks, or symptom reporting related to the cardiac monitor. Interviews with staff revealed that the folder sent with the resident to the appointment was empty upon return, and no follow-up was conducted to obtain necessary paperwork or orders from the clinic. The LPN acknowledged that there was no documentation regarding the duration of monitor use, frequency of assessments, or device checks. The respiratory therapist who applied the monitor noted that the resident was unable to clearly express understanding of how to use the device. The DON confirmed that there was no documentation of follow-up or monitoring related to the cardiac monitor in the resident's medical record, and that such assessment and monitoring should have been included in the plan of care.
Failure to Provide Physician Orders and Proper Maintenance for CPAP Therapy
Penalty
Summary
The facility failed to provide appropriate respiratory care and services for three residents who required the use of continuous positive airway pressure (CPAP) machines. All three residents had medical conditions such as chronic obstructive pulmonary disease (COPD), pulmonary fibrosis, obstructive sleep apnea, mesothelioma of the pleura, and respiratory failure, which necessitated the use of CPAP therapy. Despite these needs, the facility did not obtain or document physician's orders for the use, cleaning, or maintenance of the CPAP machines upon the residents' admission, as required by facility policy. Observations and interviews revealed that the residents were using CPAP machines without proper physician orders in place. One resident reported using their CPAP machine at night with settings from home and cleaning it independently, while another required staff assistance for cleaning and mask application but did not receive it. The surveyor observed that the CPAP equipment for two residents was visibly dirty, with masks and tubing containing skin particles, hair, dirt, and oil, and residents confirmed that staff had not cleaned the machines since admission. The facility's policy required verification of physician orders and regular cleaning and maintenance of CPAP equipment, including mask, tubing, and filters. However, the lack of timely physician orders and failure to assist residents with cleaning and maintaining their CPAP machines resulted in noncompliance with these requirements. Staff and leadership acknowledged during interviews that orders should have been obtained and cleaning performed as per policy, but these actions were not completed prior to the surveyor's findings.
Unauthorized Medication at Bedside Without Physician Order
Penalty
Summary
A deficiency occurred when a resident was found with a tube of 1% hydrocortisone cream at their bedside without a physician's order or authorization to keep medication at the bedside. The facility's policy requires a prescriber's order and an interdisciplinary team assessment to determine if a resident can safely self-administer medication and store it at the bedside. The resident's medical record did not contain an order for hydrocortisone cream, nor was there documentation of an assessment or care plan permitting self-administration or bedside storage of medication. Observations by the surveyor confirmed the presence of the cream at the bedside on multiple occasions, including once with the cap off. Interviews with the resident, an LPN, and the DON confirmed that the resident did not have an order for the cream or for self-administration, and the medication was not listed on the Medication Administration Record. The resident had intact cognition and was their own medical decision maker, but previous assessments indicated they did not wish to self-administer medication. The facility failed to follow its own policy and regulatory requirements for safe and accurate administration of drugs and biologicals.
Failure to Maintain Infection Prevention and Control Program
Penalty
Summary
The facility failed to establish and maintain an effective infection prevention and control program, as evidenced by multiple observed lapses in hand hygiene and use of personal protective equipment (PPE) during resident care. For one resident on enhanced barrier precautions (EBP) due to a urinary catheter, a CNA did not perform appropriate hand hygiene or don clean gloves while providing care, and an LPN did not wear a gown during high-contact care. Additionally, the resident's uncovered catheter drainage bag was observed on the floor, contrary to facility policy requiring catheter bags to be covered or shielded. During wound care for another resident with a right heel wound, an LPN failed to perform hand hygiene between glove changes while completing the dressing change procedure. The resident had severe cognitive impairment and required regular wound care as ordered in the medical record. The LPN acknowledged that hand hygiene should have been performed between glove changes, as confirmed by the Director of Nursing (DON). In a separate incident, a CNA providing perineal care to a resident with severe cognitive impairment and an open wound on the right lower leg removed soiled gloves and donned clean gloves without washing or sanitizing hands in between. The DON confirmed that hand hygiene should be completed between glove changes, especially after pericare. These observed failures to follow established infection control policies contributed to the deficiency cited by surveyors.
Inadequate Supervision and Care Planning Leads to Resident Falls
Penalty
Summary
The facility failed to ensure adequate supervision and assistance devices to prevent accidents for three residents. One resident, who had a history of acute pulmonary edema, COPD, emphysema, and weakness, fell while smoking outside without supervision. Although the resident was assessed as being able to smoke independently, they required assistance with locomotion and did not have a smoking care plan at the time of the fall. The resident attempted to move their wheelchair with their feet, resulting in a fall and a head laceration that required emergency room treatment. Another resident, diagnosed with Parkinson's disease, chronic respiratory failure, and asthma, fell from a lift chair. Despite a physician's order for physical therapy and a care plan indicating the need for reassessment of lift chair safety, the resident was not reassessed, and the interventions were not implemented. The resident continued to use the lift chair independently, which led to the fall. A third resident, with a history of hemiplegia, hemiparesis, dysphagia, and aphasia, experienced a fall. Although an intervention was planned to add a 'Call don't fall' sign to the resident's care plan, it was not implemented in a timely manner. The resident's care plan was not updated immediately after the fall, delaying the intervention meant to prevent further incidents.
Medication Storage and Administration Deficiencies
Penalty
Summary
The facility failed to ensure proper storage and administration of medications for two residents, leading to deficiencies in medication management. For one resident, an RN administered prescribed eye drops but failed to return them to the locked medication cart, resulting in the eye drops being misplaced. Consequently, the resident did not receive the medication as ordered for nine days. The facility's Director of Nursing confirmed that the RN should have secured the eye drops to prevent them from being misplaced. The resident's medical history included pneumonia, Sjogren's syndrome, and bacteremia, and they had moderate cognitive impairment. In another instance, an LPN prepared medication for a resident and left it unattended on top of the medication cart while filling a pitcher of water. The LPN acknowledged this was not usual practice but felt it was acceptable due to the presence of a surveyor. The Director of Nursing verified that medication should not be left unattended and should be either locked in the cart or carried by the staff member. These actions were contrary to the facility's policies on medication storage and administration, which require medications to be secured and not left unattended.
Failure to Update Care Plan for Resident with Chronic Gout
Penalty
Summary
The facility did not revise a plan of care to reflect the current care needs for a resident (R6) who had chronic gout and frequent gout flare-ups. Despite being admitted with a diagnosis of gout and having multiple documented instances of gout flare-ups, R6's care plan did not include any measures to monitor or manage these flare-ups. The resident's medical record indicated several episodes of pain and swelling in the fingers, with physician notes recommending treatments and referrals to rheumatology, which the resident refused. However, these recurrent issues were not reflected in the care plan, which is a requirement for comprehensive care management. During the survey, the resident reported pain and swelling in the finger, which was observed by the surveyor. The resident mentioned using alcohol wipes for relief but had run out of them. Interviews with the Nurse Practitioner and the Director of Nursing confirmed that the resident had frequent gout flare-ups and that there should have been a care plan in place to address this recurring issue. The lack of a care plan for managing the resident's gout flare-ups constitutes a deficiency in the facility's care planning process.
Failure to Adhere to Medication Administration Policy
Penalty
Summary
Medication was not administered in accordance with the facility's policy for one resident (R31) who was diagnosed with diabetes mellitus. The facility's Medication Administration policy, dated January 2023, specifies that needles should be recapped using an appropriate safety device after withdrawing the medication dose. However, during observations on May 21, 2024, the surveyor noted that the Licensed Practical Nurse (LPN) did not recap the needle after drawing up 40 IU of Lantus and 10 units of Humalog. The LPN was observed walking from the medication cart to the dining room with an uncapped needle on both occasions. Upon interviewing the LPN, it was confirmed that the practice is to recap the needle after drawing up medication. The Director of Nursing (DON) also confirmed that staff should follow the facility's policy of recapping the needle after withdrawing the medication. This failure to adhere to the policy was observed and documented by the surveyor, indicating a deficiency in the administration of medication for resident R31.
Failure to Monitor Adverse Reactions to Gabapentin
Penalty
Summary
The facility did not ensure monitoring for adverse reactions to high-risk medications for two residents who were prescribed gabapentin for pain management. The facility's Medication Monitoring Medication Management Policy requires ongoing monitoring for efficacy and adverse consequences of medications. However, the medical records for both residents did not include monitoring for adverse reactions to gabapentin, despite the known side effects of the medication. The Director of Nursing (DON) acknowledged that staff did not monitor for side effects because gabapentin was used for pain and not seizures, indicating a misunderstanding of the policy requirements. Resident 21 was admitted with a diagnosis of back pain and had an order for gabapentin 300 mg three times daily. The resident's plan of care did not include monitoring for adverse reactions to gabapentin. Similarly, Resident 32, who had diagnoses including low back pain, osteoporosis, and opioid dependence, was prescribed gabapentin 100 mg two capsules three times daily for neuropathic pain. The plan of care for Resident 32 also lacked monitoring for adverse reactions. The surveyor's review and interview with the DON revealed that the facility failed to adhere to its own medication management policy, resulting in a deficiency in monitoring for potential adverse effects of gabapentin.
Failure to Coordinate Hospice Services for Two Residents
Penalty
Summary
The facility did not ensure hospice services were coordinated for two residents, R27 and R15, who were reviewed for hospice services. For R27, hospice visit notes were kept in the resident's room instead of in the medical record or a hospice binder at the nurses' station. Additionally, there was a lack of communication and coordination between the facility staff and hospice staff regarding R27's care, including the administration of a urinalysis and subsequent treatment for a urinary tract infection. The Director of Nursing (DON) was unaware that hospice staff were documenting care notes in a binder in R27's room, which led to confusion and delayed treatment for R27's symptoms of infection and abdominal pain. For R15, hospice visit notes were not kept in the resident's medical record or the hospice binder at the nurses' station. The hospice company faxed the visit notes to the facility only after being contacted by the DON. The Social Worker (SW) indicated that they did not play a significant role in coordinating hospice services, and it was usually the nursing staff who ensured day-to-day care. The DON confirmed that the designated person responsible for coordinating hospice care was the SW, but there was a clear lack of communication and documentation regarding R15's hospice care. The facility's agreements with the hospice companies required regular communication and documentation to ensure the needs of hospice patients were met 24 hours a day. However, the facility failed to designate a member of the interdisciplinary team to coordinate care with hospice representatives, leading to deficiencies in the documentation and communication of hospice services for both R27 and R15.
Failure to Administer Full Pneumococcal Vaccine Series
Penalty
Summary
The facility did not ensure that vaccines were reviewed, offered, and administered for one resident (R20) of five sampled residents. R20, who was admitted to the facility with diagnoses including acute on chronic systolic (congestive) heart failure, COPD, and type 2 diabetes mellitus, did not receive the full pneumococcal vaccine series as recommended by the CDC. Despite a consent form signed by R20's Power of Attorney for Healthcare (POAHC) for the PCV13 vaccine, R20 only received the PPSV23 vaccine and was not administered the PCV13 vaccine as required. The Wisconsin Immunization Registry confirmed that R20 was administered PPSV23 but did not receive any other pneumococcal vaccines, and the CDC guidelines were not followed in this case. The Nursing Home Administrator (NHA) and Assistant Director of Nursing (ADON) were interviewed and confirmed that R20's vaccine history search indicated that R20 was not due for another vaccine. However, upon reviewing the CDC guidelines, it was clear that R20 should have received a dose of PCV15 or PCV20 at least one year after the PPSV23 vaccination. The Director of Nursing (DON) also confirmed that R20's record indicated only the PPSV23 vaccination had been administered, and the consent for PCV13 was not acted upon. R20's POAHC confirmed the desire for R20 to receive the full pneumococcal vaccination series, which was not completed by the facility.
Latest citations in Wisconsin
Two residents did not receive skin care and monitoring consistent with professional standards or their expressed preferences. One resident sustained a right knee abrasion from a fall that was noted on a fall report but not reflected in subsequent weekly skin assessments, MAR/TAR entries, or progress notes; the resident later showed the surveyor a visible wound and reported that staff had not followed up after the initial fall. Nursing staff gave conflicting accounts about the existence and monitoring of this wound, and the DON was unaware of it and unable to describe its progression, while relying on CNAs to observe and report changes. Another resident developed a U-shaped area on the left back that a CNA described as a previously bruised, weeping area and a family member described as a bruise, yet weekly skin checks continued to document intact skin with no open areas and no specific description of this site. A later photo taken by the DON showed a U-shaped scar on the back, but there were no prior measurements, photos, or detailed documentation to track its development or characteristics.
Two residents experienced deficiencies in transfer safety when staff did not follow or update care-planned transfer methods. One resident with CVA and hemiplegia, care-planned for a Lumex transfer with two staff, was transferred by a single RN using the Lumex and was lowered to the floor when unable to continue standing. Another resident with MS, CVA, and severely impaired cognition, care-planned for pivot disc transfers with one staff, was observed being transferred with a Lumex by a CNA, despite the care plan not being revised to reflect this method and no documented therapy re-assessment for renewed Lumex use.
A resident with stroke-related hemiplegia and documented colonization with carbapenem-resistant Pseudomonas aeruginosa (CRPA) was care-planned for Enhanced Barrier Precautions (EBP), and the facility’s policy required gown and glove use for high-contact activities such as transfers. Despite EBP signage on the door and PPE available, a CNA and the NHA transferred the resident with a mechanical lift, physically holding and positioning the resident, without wearing gowns or gloves, and then continued tasks in the room. In interviews, the CNA, NHA, and DON stated they believed EBP applied only to direct care and did not include transfers, resulting in noncompliance with the facility’s infection prevention and control program.
A resident was admitted to hospice, which the facility’s DON identified as a significant change in condition requiring a Significant Change in Status Assessment (SCSA) MDS to be completed within 14 days per the RAI User Manual and facility policy. The last MDS for this resident had been completed earlier, and although an SCSA was started after the hospice admission, it was never completed or submitted. The resident later died, and the DON acknowledged that the significant change MDS was not completed within the required timeframe.
A resident with obesity, weakness, and type 2 DM with polyneuropathy, who had no cognitive impairment and required a sit-to-stand mechanical lift with two-person assist per the care plan, experienced a fall during a transfer when a CNA performed the lift alone. The CNA unhooked one side of the sling, had difficulty reaching the other side, unlocked the lift while the resident was partially on the bed with feet on the device and holding a trapeze, and the lift moved forward as the resident pushed with their legs, causing the resident to slide to the floor. Staff interviews confirmed that transfer requirements are obtained from the care plan/Kardex, that mechanical lifts may require two staff depending on the plan, and that this resident specifically required two-person assistance, but only one CNA was present at the time of the fall.
The facility failed to maintain required RN coverage and a full-time DON, resulting in no RN on duty for multiple days and no documented RN supervision of nursing staff. In this context, LPNs completed admission and readmission assessments for several residents with complex conditions such as diabetes, COPD, CHF, sepsis, ESRD, and osteomyelitis, and administered IV antibiotics, including via PICC lines, sometimes without appropriate IV certification. CMA/MTs independently assessed pain, administered PRN oxycodone, and injected insulin for a resident with diabetes and pressure ulcers, all without an RN employed to provide direct supervision. Leadership acknowledged reliance on LPNs and CMAs for these functions and on off-site or sister-facility DONs for support, but could not provide documentation of on-site RN coverage, leading surveyors to cite an immediate jeopardy deficiency.
A resident with COPD, emphysema, and leukemia, who was cognitively intact, reported shortness of breath and wheezing and received a PRN nebulizer treatment documented as effective, but no vital signs or comprehensive respiratory assessment were completed. Later, the resident told an LPN that she might need to go to the hospital due to ongoing shortness of breath; the LPN acknowledged this but did not immediately assess the resident, citing that the resident often complained and did not appear in dire need. The resident and her family member reported that she clearly requested to go to the hospital and that staff did not act, leading the family member to call 911. EMS transferred the resident to the hospital, where she was found to be hypoxic and was diagnosed with acute hypoxic respiratory failure, chronic PE, and bronchiectasis with acute lower respiratory infection.
A resident with a history of lumbar discitis/osteomyelitis and chronic myeloid leukemia had IV daptomycin discontinued after imaging showed improvement, and an ID physician faxed new orders for PO levofloxacin and PO vancomycin. Although the fax was confirmed as received and scanned, nursing did not transcribe these antibiotics into the EMR or MAR, and they were not administered for approximately two months, even as the resident reported to the ID physician via telehealth that she was tolerating levofloxacin, believing she was taking it. The oral antibiotic orders did not appear in the physician order listing until after the resident was hospitalized again for fever and pain, when imaging showed recurrent discitis/osteomyelitis and the hospital continued or resumed levofloxacin and PO vancomycin. In a separate incident, an LPN administered another resident’s IV ertapenem instead of the ordered IV daptomycin to this resident after taking the wrong medication from the refrigerator, contrary to facility policies requiring medications to be administered according to physician orders and pending orders to be checked and confirmed after physician visits.
The facility failed to provide enough qualified nursing staff and allowed improper delegation of nursing and medication tasks. On an evening shift, only three CNAs (one for a partial shift) were assigned to 34 residents, despite the facility’s own staffing plan calling for higher CNA coverage. A resident with multiple serious conditions, dependent for transfers and incontinent, reported waiting over three hours for toileting assistance and described routinely long call-light response times, while a family member reported chronic delays in staff response. A CMA/MT had been independently assessing pain and administering PRN oxycodone, including using a nonverbal pain scale, even though facility policy and state guidance restrict unlicensed staff from performing assessments or making PRN decisions. Multiple residents’ admission and readmission assessments and baseline care plans were completed and signed by LPNs without RN assessment, and LPNs were administering IV ertapenem via PICC lines without documented IV training or formal RN delegation, contrary to facility policy and Wisconsin scope-of-practice standards.
Surveyors found that the facility failed to follow its own food safety and sanitation policies, resulting in expired and improperly labeled food items stored in the walk-in cooler and freezer, including multiple juices and fish past their use-by or manufacturer expiration dates, as well as a torn-open package of hot dog buns exposed to air. They also observed cobwebs, dead insects, and accumulated dust and debris on the wall behind shelving where clean dishes were stored, with nearby window air-conditioning units that could blow contaminants onto the dishes. A dietary aide acknowledged that dietary staff should be monitoring expiration dates, and leadership later confirmed the expectation that expired items and unsanitary conditions should not be present, while 34 residents were placed at risk of foodborne illness.
Failure to Assess and Monitor Skin Wounds and Scars for Two Residents
Penalty
Summary
The deficiency involves the facility’s failure to provide treatment and care consistent with professional standards and resident preferences for two residents with skin impairments. For the first resident, who had diagnoses including cerebrovascular accident and hemiplegia and an intact BIMS score of 15, a fall report documented a right front knee abrasion at the time of a fall. Despite this, subsequent weekly skin assessments repeatedly documented intact skin with no indication of a right knee abrasion. When interviewed, the resident reported having a fall that caused a rug burn on the right knee and showed the surveyor a circular wound with a reddened periwound area, yellow center with visible depth, and red lines across the front of the knee. The resident stated staff looked at the wound when the fall occurred but did nothing afterward and expressed a desire for staff to look at and address the wound. Nursing staff interviews revealed inconsistent awareness and monitoring of this wound. An LPN initially stated the resident had no wounds or abrasions and confirmed there was no documentation or monitoring of a right knee wound in the medical record, despite the fall report noting an abrasion. The LPN later acknowledged the right knee wound was related to the fall and that the resident had been picking at it, describing a plan to keep it open to air and monitor, though this plan was not reflected in the record. Another nurse stated that if a wound or bruise is identified, it should be monitored and appear on the MAR or TAR until healed, but also indicated the resident did not have any wounds and only knew of a picked scab from report. The DON was not aware of the wound, found no documentation of it in progress notes, and later stated nurses were not expected to monitor the wound because CNAs observe wounds and report changes, while being unable to state whether the wound had changed in size or wound bed characteristics. For the second resident, who had diagnoses including heart failure and muscle weakness and a moderately impaired BIMS score of 12, the care plan identified potential or actual impairment to skin integrity related to multiple medical conditions. A CNA reported that this resident had a U-shaped area on the left back that had previously been a bruise and had been weeping, and stated this change had been reported to a nurse. A progress note documented a faded bruised area on the left back rib cage with scant blood related to a recent fall, but there was no further documentation of this area in the medical record. Weekly skin check forms over several months repeatedly documented skin as intact, dry, and fragile, with no open areas, and did not identify the U-shaped area on the back. A family member reported observing a U-shaped mark on the resident’s left back rib cage that appeared to be a bruise. Later, the DON presented a photo showing a U-shaped scar on the left back, approximately one inch wide with a line about 1/8 inch thick, but there were no prior photos or measurements to compare, and the scar’s details and location had not been documented on weekly skin assessments. The DON acknowledged that more thorough documentation on the skin check forms would have been helpful and stated that information for these forms was based on CNA observations and nursing assessments, which might not cover all skin areas depending on resident positioning.
Failure to Follow and Update Transfer Care Plans Leading to Unsafe Transfers
Penalty
Summary
The deficiency involves the facility’s failure to maintain an environment free of accident hazards and to provide adequate supervision during transfers for two residents. One resident with a history of cerebral vascular accident and hemiplegia, and with intact cognition per a BIMS score of 15/15, had a care plan dated 2/11/26 specifying transfers with a Lumex (manual stand assist lift) and assistance of two staff. Despite this, on 2/15/26 the resident was transferred from a chair to a shower chair by a single RN using a Lumex, during which the resident could no longer stand and was lowered to the ground. The DON confirmed that the care plan required two staff for transfers and that only one staff assisted during the incident, and the RN acknowledged transferring the resident alone, stating they believed only one staff was required. The second resident, with diagnoses including multiple sclerosis and cerebral vascular accident and a BIMS score of 7/15 indicating severely impaired cognition, had an ADL self-care performance care plan dated 2/11/26 that specified transfers with a pivot disc and one staff. However, surveyor observation on 3/31/26 showed a CNA transferring this resident from bed to wheelchair using a Lumex, which the resident successfully completed by following verbal cues. The DON reported that staff had used a Lumex with this resident for four years and verified that the care plan still indicated use of a pivot disc, acknowledging the care plan was incorrect. Therapy documentation showed that a pivot disc had been trialed and recommended for toilet transfers due to a custom-fit wheelchair that did not accommodate the Lumex, and that prior to this trial the resident had used a Lumex for transfers. The DON could not locate therapy notes indicating the resident had been re-assessed for renewed Lumex use, and the care plan had not been revised to reflect the resident’s current transfer method.
Failure to Follow Enhanced Barrier Precautions During Resident Transfer
Penalty
Summary
The deficiency involves the facility’s failure to implement its infection prevention and control program, specifically its Enhanced Barrier Precautions (EBP) policy, for a resident colonized with carbapenem-resistant Pseudomonas aeruginosa (CRPA). The facility’s EBP policy, revised 9/9/25, requires gown and glove use during high-contact resident care activities, including transfers, and specifies that EBP should be followed outside the resident’s room when performing transfers. The resident had a diagnosis of stroke with hemiplegia and an MDS assessment showing intact cognition with a BIMS score of 15/15. A care plan dated 2/18/26 documented CRPA colonization and included an intervention to observe EBP for infection control. On observation, an EBP sign was posted on the resident’s door and PPE was available next to the room. Despite this, a CNA entered the room without donning a gown or gloves and attached a lift sling to a mechanical lift. The Nursing Home Administrator then entered without gown or gloves and operated the lift while the CNA held the resident in the sling and maneuvered the resident into a wheelchair, including holding the resident’s leg and guiding the resident into the chair. After the transfer, the NHA sanitized the lift while the CNA provided the resident a hat and made the bed. In interviews, both the NHA and CNA stated they did not believe EBP was required because they did not consider the transfer to be direct care, and the DON reported being told that EBP was only required for direct care, which they understood did not include transfers.
Failure to Complete Timely Significant Change MDS After Hospice Admission
Penalty
Summary
The facility failed to complete a Significant Change in Status Assessment (SCSA) Minimum Data Set (MDS) within the required timeframe after a resident experienced a significant change in condition. Facility policy on comprehensive assessments, last revised on an unspecified date, states that comprehensive assessments are to be conducted according to the criteria and timeframes in the Resident Assessment Instrument (RAI) User Manual, which requires that an SCSA be completed by the end of the 14th calendar day following determination of a significant change. The Director of Nursing (DON) stated that MDS assessments are completed on admission, annually, quarterly, with a significant change, and as needed, and that a significant change includes a decline or improvement in two or more areas of care or when a resident is admitted to or removed from hospice, with a completion timeframe of 14 or 15 days after recognizing the change. Surveyor review of the resident’s electronic health record showed that the last completed MDS assessment was done on a prior date, and the resident was later admitted to hospice, which the DON identified as a significant change requiring an SCSA. An SCSA was initiated after the hospice admission but was left incomplete and never submitted. The resident subsequently expired, and the DON acknowledged during interview that the significant change MDS had not been completed and was past the 14-day requirement.
Failure to Follow Two-Person Mechanical Lift Transfer Care Plan Resulting in Resident Fall
Penalty
Summary
The deficiency involves the facility’s failure to ensure adequate supervision and adherence to the care plan for a resident requiring assistance with mechanical lift transfers. The facility’s own policies on falls and person-centered care planning require implementation of resident-specific fall prevention measures and provision of services as outlined in the care plan. For this resident, the comprehensive care plan identified self-care deficits related to type 2 diabetes and morbid obesity and specified that all transfers were to be completed using a sit-to-stand mechanical lift with the assistance of two staff. The resident, who had diagnoses including abnormal posture, weakness, type 2 diabetes with polyneuropathy, and morbid obesity, and who had no cognitive impairment per a BIMS score of 13/15, experienced a fall during a transfer. Progress notes document that a CNA was performing a sit-to-stand mechanical lift transfer to bed with only one staff member present, despite the care plan requirement for two-person assistance. During the transfer, the CNA had unhooked one side of the sling and was attempting to unhook the other side, had difficulty reaching, and then unlocked the sit-to-stand lift while the resident was partially on the bed, with feet on the lift and holding the bed trapeze. Because the resident was pushing with their legs, the lift moved forward and the resident slowly slid to the floor. Interviews confirmed that staff were aware that mechanical lifts, including sit-to-stand devices, may require two staff depending on the care plan, and that this resident specifically required two-person assistance for transfers. The resident reported that only one CNA was present at the time of the fall and that usually two staff assist due to the resident’s size. Nursing and CNA staff described that they rely on the care plan or Kardex in the computer to determine transfer needs and acknowledged that sit-to-stand lifts can require one or two staff based on the resident’s plan of care. The DON acknowledged that the CNA involved was working alone during the transfer when the fall occurred and was not following the resident’s care plan.
Lack of RN Coverage and Oversight Leading to Out-of-Scope Nursing and Medication Practices
Penalty
Summary
The deficiency involves the facility’s failure to employ a full-time RN designated as the DON and to ensure RN services were provided at least eight consecutive hours a day, seven days a week, as required by regulation and by the facility’s own nursing services policy. Payroll-Based Journal staffing data for the first quarter of 2026 showed a one-star staffing rating and multiple days with no RN hours. Review of daily staffing schedules for several consecutive days in March showed no RN scheduled on any of those dates, indicating there was no RN assigned to supervise nursing staff or oversee resident care. The Administrator confirmed that the DON, who had been the only full-time RN, resigned and her last day was mid-March, and the ADON confirmed that since that resignation there had been no RN employed by the facility and that even when a DON was employed, most weekends did not have RN coverage. In the absence of consistent RN presence and oversight, LPNs were performing admission and readmission nursing assessments and administering IV medications, and CMA/MTs were performing pain assessments, administering PRN pain medications, and administering insulin, all of which were outside their scope of practice as described in the report. Multiple residents’ records showed admission data collection and baseline care plan tools completed and signed by LPNs rather than an RN. For example, one resident admitted with diabetes type 2, osteomyelitis of vertebra, and orthopedic aftercare had a 72-hour admission/re-admission assessment documented by an LPN. Another resident admitted with COPD and traumatic ischemia of muscle had admission data collection and baseline care plan tools completed and signed by an LPN, with a late-entry health status note by a sister-facility DON added seven days after admission. Additional residents admitted with chronic congestive heart failure, sepsis, diabetes type 2, congestive heart failure, and ESRD also had admission data collection notes completed by LPNs. The report further documents that LPNs administered IV medications, including through PICC lines, without RN oversight, and in at least one case outside the LPN’s own training and certification. One resident with an order for IV ertapenem had doses administered on three consecutive days by an LPN and the ADON, who is also an LPN. The ADON stated that most LPNs had been trained to administer IV medications, but identified two LPNs who were not certified, while the former DON stated she believed those LPNs were certified and had allowed them to administer IV medications after observing them. CMA/MTs were documented as completing pain assessments and administering PRN oxycodone and insulin injections without an RN employed to provide direct supervision. One resident with diabetes type 2, bilateral stage II heel pressure ulcers, chronic pulmonary embolism, and vertebral osteomyelitis had multiple pain assessments and PRN oxycodone doses documented by a CMA/MT, as well as several insulin doses administered by the same CMA/MT. Interviews with the RDO and Medical Director confirmed that RN coverage was expected to be provided by DONs from sister facilities, but there was no documentation of their presence in the building, and the Medical Director emphasized that RNs are responsible for assessments, IVs, and staff supervision to ensure practice within scope. These combined actions and inactions led surveyors to identify immediate jeopardy beginning in mid-March.
Removal Plan
- Employ a full-time interim DON
- Provide staff education on notification of changes in condition
- Assess nurses' IV competency
- Employ an agency RN to ensure RN coverage on Saturdays and Sundays
- Reassess all residents with IVs, pressure injuries, and new admissions
- Reassess all residents with a documented change in condition
Failure to Assess Resident’s Respiratory Change in Condition and Request for Hospital Transfer
Penalty
Summary
The deficiency involves the facility’s failure to assess and respond appropriately to a resident-reported change in condition related to respiratory symptoms. The resident had significant medical diagnoses including COPD, panlobular emphysema, osteomyelitis of the lumbar vertebra, and chronic myeloid leukemia. A recent MDS showed the resident was cognitively intact with a BIMS score of 15 and used a wheelchair for mobility. The care plan also identified a focus on the resident and spouse making inappropriate EMS 911 calls when no true emergency existed, with interventions focused on educating them about appropriate EMS use. On the day of the incident, the resident reported shortness of breath and wheezing and received a PRN nebulizer treatment of Ipratropium-Albuterol, which was documented as effective. However, the LPN did not collect additional assessment data or notify an RN of the resident’s complaint of shortness of breath. No comprehensive respiratory assessment or vital signs were obtained at that time despite the resident’s symptoms. Later that same day, the resident told the LPN that she "may need to go to the hospital" and reported feeling short of breath. The LPN acknowledged that the resident made this statement but did not immediately assess the resident, stating she believed the resident was not in dire need and that the resident often complained of various ailments. According to the resident’s account, she specifically told the LPN that she needed to go to the hospital, was wheezing a lot, and tried to stay calm while waiting about an hour without staff action, after which she called her husband. The husband reported that the resident was crying, calling out in the hallway, and that he called 911 because staff were not doing anything. The facility’s grievance file and staff statements documented that the LPN was aware the resident said she "may need to go to the hospital" but did not complete an assessment before EMS arrived. The resident was transferred to the hospital, where she was found to have hypoxia with low oxygen saturation and was diagnosed with acute hypoxic respiratory failure, chronic pulmonary emboli without acute cor pulmonale, and bronchiectasis with acute lower respiratory infection. The Medical Director later stated her expectation that when a resident states they want to go to the hospital, staff should conduct an assessment, obtain vital signs, and report to the provider.
Failure to Transcribe and Administer Ordered Antibiotics and Wrong IV Medication Administration
Penalty
Summary
The deficiency involves the facility’s failure to ensure a resident was free from significant medication errors, specifically related to transcription and administration of ordered antibiotics and the administration of another resident’s IV antibiotic. The resident had a history of lumbar discitis/osteomyelitis and chronic myeloid leukemia and had been receiving IV daptomycin via PICC line following a hospital stay. An MRI in mid-January showed improvement, and the infectious disease (ID) physician initially ordered discontinuation of IV daptomycin, PICC removal, and discontinuation of weekly labs. The following day, after further review of the MRI and inflammatory markers, the ID physician ordered a transition to oral levofloxacin 750 mg daily and oral vancomycin 125 mg daily for several weeks, including vancomycin for C. diff prophylaxis. These orders were faxed to the facility and were later confirmed by the fax company and the Business Office Manager as having been received by the facility. Despite receipt of the faxed orders, the facility did not transcribe the oral levofloxacin and oral vancomycin into the resident’s physician orders or MAR for January or February, and there was no evidence on the MAR that these medications were administered during that period. The physician order listing for the resident showed that the oral levofloxacin and vancomycin orders did not appear until mid-March, when the resident returned from the hospital with those medications ordered. During telemedicine follow-up with the ID physician, the resident reported doing well and tolerating levofloxacin, believing she was taking the ordered antibiotics, even though the MAR showed no administration. The resident, who was cognitively intact per a BIMS score of 15, later stated she only took medications provided by the facility and did not know the oral antibiotics had not been given. The Assistant DON and consultant pharmacist both confirmed that no orders for oral levofloxacin or vancomycin were received by the pharmacy or entered into the system in January or February. In March, the resident was sent to the ER with fever and left knee pain, and imaging showed extensive osseous erosion at L1-2 concerning for discitis/osteomyelitis. The hospital documentation referenced the resident as being chronically on levofloxacin and oral vancomycin for discitis and continued or resumed these medications, which were then first documented as administered at the facility in mid-March. Separately, in January, a medication occurrence report documented that an LPN administered another resident’s IV antibiotic, ertapenem, instead of the ordered daptomycin to this resident. The LPN later stated she did not check thoroughly enough and took the wrong IV medication from the refrigerator, describing it as an honest mistake and noting that previously there had only been one resident with an IV. The facility’s own policies required medications to be administered according to physician orders and required licensed nurses to check and confirm pending orders after physician visits, but the faxed ID orders for oral antibiotics were not processed, and the wrong IV antibiotic was administered on one occasion. The Medical Director stated she was not aware that the resident was supposed to start two oral antibiotics in January as ordered by the ID physician and indicated her expectation that any faxed orders for oral antibiotics would be processed and administered. The Business Office Manager described the process for handling telehealth visit notes and faxed orders, explaining that nursing staff received faxed records and placed them in a bin for scanning into the EMR under a miscellaneous tab. With assistance from the fax company, the BOM confirmed that the fax containing the orders to start oral levofloxacin and add oral vancomycin was received by the facility. The facility’s policies on medication errors and physician orders emphasized preventing significant medication errors and ensuring orders were entered and confirmed, but the failure to transcribe and administer the ordered oral antibiotics and the administration of another resident’s IV antibiotic constituted significant medication errors for this resident.
Inadequate Staffing and Improper Delegation of Nursing and Medication Tasks
Penalty
Summary
The deficiency involves the facility’s failure to provide sufficient and appropriately qualified nursing staff to meet residents’ needs, and failure to ensure that LPNs and CMAs/MTs practiced within their legal scope and professional standards. The facility’s own facility assessment called for a CNA-to-resident ratio of one CNA for ten to sixteen residents on the evening shift, yet on the evening of survey entry there were only three CNAs for 34 residents, with one CNA scheduled for only a partial shift. Interviews and documentation, including a police body-worn camera narrative, showed that staff and leadership acknowledged difficulty providing needed care due to lack of staffing. The Nursing Home Administrator told police that one resident needed constant care that was difficult to provide because of staffing shortages, and an LPN stated she felt residents needed more attention than staff could provide. One resident with osteomyelitis of the lumbar vertebra, COPD, emphysema, and chronic myeloid leukemia, who was wheelchair-bound, dependent for transfers, and frequently incontinent of bowel, reported waiting over three hours for assistance after a bowel movement, prompting a call to local police. This resident later told the surveyor that call lights usually took 30–45 minutes to be answered and that care was timelier while surveyors were present. A family member reported that it took staff “forever” to respond to this resident’s needs and that he had complained to the ADON about response times. These accounts, combined with staffing records, demonstrated that the facility did not have enough staff on duty to meet residents’ immediate care needs. The facility also failed to ensure that CMAs/MTs and LPNs practiced within their scope and under appropriate RN oversight. A CMA/MT had been independently assessing residents’ pain and administering PRN oxycodone, including documenting pre- and post-administration pain levels, despite state guidance that assessments cannot be delegated to unlicensed personnel and facility policy stating that CMAs/MTs are not to assess pain or administer PRN medications without an RN’s assessment. The CMA/MT reported using both verbal reports and a nonverbal pain scale and believed this was within her scope, while the VPCO and FDON later stated it was not. Additionally, multiple admission and readmission nursing assessments and baseline care plan tools for several residents were completed and signed by LPNs without evidence of RN assessment, even though state standards limit LPNs to data collection and require RNs to complete resident assessments. The FDON and ADON acknowledged that, in the absence of an RN DON and because most admissions occurred on evenings, LPNs had been completing all initial nursing assessments for years. Further, the facility did not ensure that LPNs performing IV therapy had the required additional training and RN delegation as outlined in facility policy and state guidance. One resident with an order for IV ertapenem via PICC line received this medication on multiple days from LPNs, including an LPN whose personnel file contained no documentation of IV therapy training. The ADON confirmed that this LPN was not certified to administer IV/PICC medications, while the LPN stated she had been hanging IV medications via PICC lines since hire, without formal facility training, and was sometimes the only nurse available to administer PICC medications, with the other staff person being a CMA/MT. The FDON stated she supervised licensed staff and had observed LPNs administering IV medications without concerns, but there was no evidence of the documented training and competency validation required by facility policy for delegation of IV tasks to LPNs. Collectively, these findings showed that the facility did not maintain adequate RN presence, did not follow its own delegation and competency policies, and allowed LPNs and CMAs/MTs to perform assessments and IV tasks beyond their scope, affecting all residents in the facility.
Expired Food and Unsanitary Kitchen Conditions in Dietary Services
Penalty
Summary
Surveyors identified a deficiency in the facility’s food service operations related to failure to follow its own food safety and sanitation policies. The facility’s policies required that all local, state, and federal standards be followed, that food be protected from contamination, and that perishable foods be used prior to their use-by or expiration dates, with out-of-date foods discarded. During an observation of the kitchen’s walk-in cooler, surveyors found multiple juice containers labeled by the facility with use-by dates that had already passed, including cranberry juice, orange juice, and apple juice. They also found a container of concentrated lemon juice with a manufacturer’s expiration date that had already passed, despite the facility having applied a later “use by” date that extended beyond the manufacturer’s expiration. Further observations in the kitchen’s walk-in freezer revealed a torn-open package of hot dog buns with several buns exposed to air and an opened box of fish with a manufacturer’s expiration date that had already passed. Additional inspection of the kitchen area showed multiple cobwebs and dead insects on the wall behind portable shelving where clean dishes were stored, along with a buildup of black and gray dust and debris. Two window unit air conditioners were located next to this shelving, with the potential to blow debris and pests onto the clean dishes if turned on. A dietary aide acknowledged these conditions during the survey, stating that all dietary staff should be checking use-by and expiration dates. The Regional Director of Operations later stated it was her expectation that there would be no items beyond use-by or expiration dates and no dust or dead bugs in the kitchen. These failures placed all 34 residents at risk of foodborne illnesses.
Trusted data from CMS and state health departments
Every citation, penalty and Plan of Correction is sourced from public CMS records (latest release May 27, 2026) and official state health department websites — never guesswork.
Trusted by long-term care providers and associations.



