Montello Care Center
Inspection history, citations, penalties and survey trends for this long-term care facility in Montello, Wisconsin.
- Location
- 251 Forest Lane, Montello, Wisconsin 53949
- CMS Provider Number
- 525657
- Inspections on file
- 32
- Latest survey
- December 4, 2025
- Citations (last 12 mo.)
- 29
Citation history
Health deficiencies cited at Montello Care Center during CMS and state inspections, most recent first.
A resident with significant medical needs was found between the bed and the wall with visible injuries. Staff provided inconsistent accounts regarding the presence and extent of these injuries, with an LPN reporting no injuries and a CNA observing swelling and blood. The incident was not documented in the medical record, and facility administration did not investigate the discrepancy between staff statements.
A resident with dementia became agitated and attempted to leave the facility after resisting bedtime care. Multiple staff members physically blocked exits and restrained the resident, escalating the situation and resulting in injuries to staff. These actions were inconsistent with the resident's care plan and facility policies, which required less restrictive interventions and prohibited physical restraint and blocking of exits.
A resident with Alzheimer's disease became agitated and attempted to leave the facility, leading staff to physically restrain the individual and call law enforcement. The resident later alleged being attacked by multiple people, and police observed staff holding the resident in a chair. Despite facility policy, the incident was not reported to the State Agency, and the NHA did not conduct staff interviews or review all relevant documentation.
A resident with Alzheimer's disease became agitated and attempted to leave the facility, leading staff to physically restrain the resident and block exits. The facility did not conduct a thorough investigation, as several involved staff were not interviewed and external reports from police and county crisis services were not obtained or reviewed, resulting in an incomplete investigation of the abuse allegation.
Two residents with severe cognitive impairment were involved in an incident where one struck the other in the face, witnessed by a Med Tech. Although facility policy required reporting such events to law enforcement, the administrator did not notify authorities, citing the residents' inability to recall the event and a belief that the incident was not malicious. The facility's policy also lacked clear guidance on what crimes should be reported and did not reflect consultation with law enforcement.
Surveyors observed that the facility's front area was unkempt, with long weeds, an open dumpster lacking full fencing, exposed wires from a missing doorbell, and various items such as uncovered garbage cans and a laundry bin. The front doors, which were required to be locked during night hours, were found unlocked. These deficiencies in maintaining a safe and sanitary environment had the potential to affect multiple residents.
A resident with complex medical needs did not receive necessary care to prevent pressure injuries when staff failed to properly assess and address a malfunctioning wound vac dressing. Despite reports from CNAs that the dressing was not suctioning and was bunched up, the DON did not assess the wound vac, and the resident's wound condition deteriorated, with subsequent signs of infection and the need for alternative wound care. Facility policies for negative pressure wound therapy and pressure injury prevention were not followed, and staff education on wound vac management was insufficient.
A resident with recent cervical spine surgery, Parkinson's disease, and mobility limitations fell out of bed after a CNA left the room, was unable to reach the call light, and called 911 for help. The facility did not complete a thorough investigation or root cause analysis of the fall, and required documentation and interviews were missing from the event report and medical record.
A resident with osteomyelitis requiring continuous IV antibiotics missed a scheduled dose when the DON failed to change the medication cartridge as ordered. Staff and the resident confirmed the missed dose, and an unused cartridge was discarded, indicating the medication was not administered as documented.
A deficiency was identified when the DON assessed a resident with severe cognitive impairment and respiratory issues but failed to document the assessment in the medical record, despite facility policy requiring complete and accurate documentation of all observations and changes in condition. The assessment was only communicated verbally to the RN, resulting in incomplete records for the resident.
A registered nurse did not follow infection control protocols during wound care for a resident with complex medical needs, including not performing hand hygiene between glove changes and using soiled scissors to cut a clean dressing. Facility policies required hand hygiene after glove removal and the use of sanitized equipment, but these were not followed during the observed wound care procedure.
Two residents with dementia and activated POAHCs were involved in a series of incidents where one resident, with a known history of sexually inappropriate and aggressive behavior, was not consistently monitored or managed according to policy. Despite multiple documented episodes of inappropriate comments, aggression, and boundary violations, care plans were not updated and incident reports were lacking. This failure led to an incident where a cognitively impaired resident was sexually abused by another resident, with staff and administration interviews confirming gaps in documentation and follow-up.
Two residents were involved in incidents of sexually inappropriate, verbally, and physically aggressive behavior, as well as a verbal altercation. Staff documented these events in progress notes but did not report the allegations of abuse to the State Agency or conduct required investigations, as confirmed by interviews with an LPN, the DON, and the NHA. This failure to follow abuse reporting policies resulted in a deficiency.
Two residents were involved in multiple incidents of sexually inappropriate, verbally, and physically aggressive behavior, as well as a verbal altercation over personal property. Despite documentation of these events, facility leadership could not provide evidence of investigations or detailed reviews as required by policy, and there was no documentation of actions taken in response to the incidents.
Three residents with severe cognitive impairment and high fall risk experienced multiple falls, but their care plans were not consistently or promptly updated to reflect new or revised interventions. In several cases, interventions were either delayed in being added to the care plan or not documented at all, despite staff reporting that changes had been made. Staff interviews confirmed that care plan updates were not always completed as required.
A resident with severe cognitive impairment engaged in multiple altercations with other residents due to inadequate supervision. Despite being placed on 1:1 supervision, the resident was not consistently monitored, leading to physical altercations. Staff were not properly trained or informed about the use of monitoring devices, and there was no specific assignment for 1:1 supervision, resulting in lapses in care.
Two residents with cognitive impairments were involved in a physical altercation, which was not reported to the State Agency as required by the facility's policy. One resident required 1:1 supervision, which was not provided at the time of the incident. The Nursing Home Administrator confirmed the incident was not reported because there were no physical injuries.
The facility failed to maintain sanitary food storage and preparation practices, affecting all residents. Cooling logs for leftover foods were incomplete, and cleanliness issues were noted in the resident snack refrigerator. Food holding temperatures were not monitored, and items lacked proper labeling, with some beyond discard dates.
The facility failed to maintain an effective infection prevention and control program, lacking monthly and quarterly infection surveillance reports. Additionally, Enhanced Barrier Precautions (EBP) were not implemented for residents with a history of multi-drug resistant organisms (MDROs), despite their medical conditions requiring such precautions. The Director of Nursing confirmed these deficiencies during the survey.
The facility failed to maintain a clean and homelike environment due to a persistent urine odor noted by surveyors and confirmed by staff, a resident, and a family member. The odor was strongest in the 100 wing and was attributed to factors such as lack of air fresheners, caulk around toilets, and unsealed trash cans.
The facility failed to investigate potential abuse incidents involving five residents, including injuries of unknown origin and resident-to-resident altercations. In one case, a resident with moderate cognitive impairment had an unexplained bruise, and in two separate altercations, residents with severe cognitive impairments were involved in physical contact. The investigations were incomplete or not conducted, indicating deficiencies in the facility's abuse prevention program.
The facility failed to provide adequate assistance with ADLs for five residents, including meal assistance for a resident with dementia and consistent weekly showers for four residents. Observations revealed that CNAs were unable to provide proper feeding assistance due to attending multiple residents simultaneously. Additionally, residents reported and documentation confirmed missed showers due to short staffing. The DON acknowledged the lack of adherence to care plans and resident preferences.
The facility did not adhere to its abuse policy by failing to complete timely background checks for four out of eight sampled staff. The policy requires checks to prevent employing individuals with histories of abuse or related issues. However, reports for a CNA and a Dietary Aide were not obtained, and a Physical Therapist's reports were delayed. Additionally, a CNA's background check was outdated. The Regional Director acknowledged the issue, citing the absence of an HR Director as a contributing factor.
A resident's grievance about unresponsive call lights was not promptly addressed due to the facility's phone system issues, which prevented family members from reaching staff. The resident, with intact cognition, had to rely on a family member to call the facility, but calls went unanswered, and there was no voicemail option. The facility's grievance policy was not followed, and the issue was not documented in the grievance file.
The facility failed to report incidents of potential abuse and resident altercations to the appropriate authorities. A resident with moderate cognitive impairment was found with an unexplained bruise, and a physical altercation occurred between two residents, one with severe cognitive impairment. The facility did not notify the State Agency or the family of the affected resident, indicating a lapse in following the abuse prevention policy.
A resident was transferred to the hospital without receiving a written notification of transfer, including the reason, location, appeal rights, and Ombudsman contact information. The resident's medical record lacked documentation of the transfer details, and interviews with facility staff confirmed the absence of the required notice.
A facility failed to provide a written bed hold notice to a resident transferred to the hospital, as required by their policy. The resident, with intact cognition and multiple diagnoses, did not receive the notice detailing the bed-hold policy, reserve bed payment, and right to return. This deficiency was confirmed by the Regional Director of Operations.
A facility failed to complete a PASRR Level II Screen for a resident with a history of mental illness, despite being prescribed psychotropic medications and remaining in the facility beyond the 30-day exemption period. The oversight was confirmed through staff interviews and a review of the resident's medical record, which lacked documentation of a necessary county exemption.
A facility failed to create a comprehensive care plan for a resident identified as a potential unsafe smoker. The resident, with severely impaired cognition and multiple diagnoses, was assessed to have moderate problems with smoking safety. Despite this, no smoking care plan was documented until requested by a surveyor, indicating a lapse in following the facility's smoking policy.
A resident with an indwelling catheter did not receive appropriate care to prevent UTIs, as staff failed to keep the catheter drainage bag below the bladder level, obstructing urine flow. The facility's policy requires the bag to be positioned lower than the bladder, which was not adhered to during care and dressing changes.
A resident with severe cognitive impairment and multiple health conditions did not receive fluids between meals as required by the facility's policy. Observations and staff interviews confirmed the absence of thickened liquids in the resident's room, and the Director of Nursing acknowledged the expectation for staff to provide fluids, which was not met.
The facility failed to monitor high-risk medications for two residents, leading to deficiencies in their care plans. One resident was not monitored for side effects of insulin and bumetanide, while another was not monitored for bleeding related to apixaban use and was not weighed weekly as ordered. These oversights were confirmed by the DON.
The facility failed to document the rationale for continued PRN use of lorazepam beyond 14 days for three residents, as required by policy. Despite having diagnoses such as dementia and anxiety, the residents' medical records lacked necessary documentation, and interviews with the DON and an LPN confirmed this oversight.
A resident's medications, including eye drops and a topical lotion, were improperly left on their bedside table along with a scopolamine patch not prescribed to them. An RN placed the medications there after finding the patch on the floor and becoming distracted. Both an LPN and the DON confirmed that medications should not be left at a resident's bedside.
The facility failed to maintain an effective infection prevention and control program, including incomplete COVID-19 monitoring and improper hand hygiene during incontinence care for two residents. The DON acknowledged these deficiencies and the need for proper hand hygiene protocols.
A resident with severe cognitive impairment accessed an unlocked medication cart in the lobby, removing two medication cards. Staff were not present in the immediate area, and the Medication Technician confirmed the cart was left unlocked while attending to other duties. The DON confirmed that the cart should have been locked at all times when not in use.
The facility failed to report suspected abuse and theft for two residents. One resident reported being kicked and treated roughly by staff, while another reported money missing from their purse. Both allegations were not reported to the State Agency or local law enforcement.
The facility failed to investigate allegations of abuse and misappropriation for two residents. One resident reported being kicked and treated roughly by a staff member, while another resident with severe cognitive impairment reported money missing from their purse. The Nursing Home Administrator was unaware of the first allegation and did not conduct a thorough investigation for either case, as required by the facility's policy.
The facility failed to provide necessary care and services to promote healing and prevent pressure injuries for a resident. The resident's medical record lacked assessments and proof of monitoring for treatments, and the care plan did not address the resident's risk for pressure injuries. The interim DON confirmed deficiencies in documentation and care planning.
Failure to Investigate Discrepancy in Resident Injury Reports
Penalty
Summary
The facility failed to thoroughly investigate a potential allegation of abuse involving one resident who was found between the wall and the bed with injuries including a swollen right eye, facial swelling, and abrasions on the right shoulder and arm. The resident, who had significant medical conditions such as anoxic brain damage, epilepsy, and hemiplegia, was dependent on staff for care, transfers, and mobility. Staff interviews revealed inconsistent accounts regarding the presence and extent of the resident's injuries. One LPN reported finding the resident without injuries or bleeding and only cleaned sputum from the face, while a CNA described the resident as having a swollen, bloodied face and observed bloody washcloths nearby. The LPN did not document the incident in the medical record, and the discrepancy between staff statements was not investigated further by facility administration. The facility's administration was notified of the incident and initiated an investigation, but failed to address or reconcile the conflicting staff statements regarding the resident's injuries. The Nursing Home Administrator confirmed that there was no follow-up to investigate the discrepancy between the LPN and CNA accounts. As a result, the facility did not ensure a thorough investigation of a potential abuse allegation, as required, and did not document or clarify the circumstances surrounding the resident's injuries.
Failure to Provide Appropriate Dementia Care and Use of Unauthorized Restraint
Penalty
Summary
A resident with a diagnosis of Alzheimer's disease and other forms of dementia was admitted for a short-term respite stay. The resident had a known history of wandering but no prior physically aggressive behavior. On the evening in question, staff attempted to assist the resident with bedtime care, which the resident resisted, stating that only their spouse performed such care. The resident became increasingly agitated, expressed a desire to leave the facility, and attempted to exit through multiple doors. In response to the resident's attempts to leave, multiple staff members pursued the resident throughout the facility, physically blocked exit doors from both inside and outside, and put hands on the resident to prevent elopement. These actions escalated the resident's agitation and resulted in the resident becoming physically aggressive, injuring several staff members. Law enforcement was called, and upon arrival, the resident reported feeling attacked by numerous individuals. Staff interviews and record reviews revealed that staff did not follow the facility's own policies and training regarding the management of agitated or wandering residents, which emphasize the use of least restrictive measures, avoiding physical restraint, and not blocking exits. The facility's care plan for the resident included specific interventions for wandering and agitation, such as approaching from the front, avoiding overstimulation, providing reassurance, and maintaining a calm environment. However, these interventions were not followed during the incident. Staff actions, including physically restraining the resident and blocking exits, were inconsistent with both the care plan and facility policies. Post-incident interviews indicated that some staff were not adequately trained on managing severe agitation or elopement, and there was a lack of immediate post-incident education for all involved staff.
Failure to Report Alleged Abuse to State Agency
Penalty
Summary
The facility failed to ensure that allegations of abuse were reported to the State Agency (SA) for one resident who was admitted for a 5-day respite stay and had a diagnosis of Alzheimer's disease, among other conditions. On the evening in question, the resident became agitated and attempted to leave the facility through multiple doors. Staff responded by holding the doors shut and physically restraining the resident to prevent elopement, including holding the resident in a chair. Law enforcement was called to assist, and a police report documented that the resident alleged being attacked by numerous individuals. The police also observed staff who appeared distressed and noted that staff were holding the resident in a chair upon arrival. Despite these events and the facility's own policy requiring immediate reporting of suspected abuse to the SA, the Nursing Home Administrator (NHA) did not report the incident, citing the absence of resident injuries and attributing the situation to behavioral issues. The NHA also did not conduct interviews with staff involved in the incident and relied solely on statements obtained by law enforcement. Additionally, the NHA had not reviewed all relevant documentation, including the police and crisis reports that contained allegations of abuse. The failure to report the incident to the SA constituted a deficiency in the facility's abuse reporting procedures.
Failure to Thoroughly Investigate Alleged Abuse Incident
Penalty
Summary
The facility failed to thoroughly investigate an allegation of abuse involving a resident admitted for a 5-day respite stay with diagnoses including Alzheimer's disease, dementia, and anxiety disorder. On the evening of the incident, the resident became agitated and attempted to leave the facility through multiple exits. Staff responded by holding doors shut and physically restraining the resident in a chair to prevent elopement. A crisis report and police report documented that staff held the resident in a chair and that the resident later stated to police that they had been attacked by numerous individuals. The facility did not ensure that all staff involved in the incident were interviewed as part of the investigation. Several staff members who were present or directly involved, including CNAs and an LPN, were not asked for statements by facility administration. Some staff indicated they were not approached for statements by the facility, and their accounts were not included in the facility's investigation documentation. Additionally, the facility did not obtain or review the police report or county crisis documentation, both of which contained relevant information about the incident and the resident's allegations. The facility's policy required that all allegations of abuse be thoroughly investigated, including interviewing all witnesses and reviewing all events leading up to the incident. However, the investigation was incomplete, as key staff interviews were not conducted, and external reports were not obtained or reviewed. This failure to follow policy resulted in an incomplete investigation of the abuse allegation involving the resident.
Failure to Report Resident-to-Resident Abuse to Law Enforcement
Penalty
Summary
The facility failed to develop and implement adequate policies and procedures to ensure the timely reporting of a reasonable suspicion of a crime, as required by section 1150B of the Act. Specifically, the facility's policy on reporting abuse, neglect, exploitation, or misappropriation did not include examples of crimes that should be reported, such as assault and battery, nor did it indicate that the facility had consulted with local law enforcement to clarify reporting requirements. On one occasion, a resident struck another resident in the face, an incident witnessed by a medication technician. Despite the policy stating that law enforcement officials should be notified, the facility did not report the incident to local law enforcement. Both residents involved in the incident had severe cognitive impairment, as indicated by their low BIMS scores and diagnoses of dementia, and were unable to recall the event during subsequent interviews. The administrator stated that the incident was not considered malicious and, based on the residents' inability to recount the event, decided not to report the abuse to law enforcement. The facility did conduct internal assessments and interviews following the incident, but the required external notification was not made.
Failure to Maintain Safe and Sanitary Facility Entrance
Penalty
Summary
The facility failed to maintain a safe, functional, and sanitary environment for residents in the area outside the building. Observations made by the surveyor revealed that the front of the facility was unkempt, with long weeds present along the building, under residents' windows, along fencing, and around trees. The area also contained an open dumpster with garbage bags, lacking a complete privacy fence on one side facing the main parking lot and public roadway. Additional items observed included two plastic chairs, one holding dried cardboard, a garbage can labeled for laundry without a lid and containing items, and a pile of dry dirt and landscaping bark along the path to the front doors. Three garbage cans were present at the entrance, one with a stained lid, and exposed wires were seen where a doorbell was missing near the main entrance. During staff interviews, it was confirmed that the front doors, which were supposed to be locked during the night shift for safety, were not locked within the required timeframe. The Nursing Home Administrator acknowledged that staff were aware of the need to lock the doors, but the process for auditing door security had not yet been implemented. The administrator also confirmed that the dumpster should have been closed. These conditions had the potential to affect more than 4 of the 28 residents residing in the facility.
Failure to Ensure Proper Wound Vac Management and Pressure Ulcer Care
Penalty
Summary
A deficiency occurred when a resident with multiple complex medical conditions, including quadriplegia, diabetes, and a history of osteomyelitis, did not receive appropriate care and services to prevent pressure injuries and promote healing. The resident had a wound vac (negative pressure wound therapy) placed by a wound provider, with orders for dressing changes per protocol. On one occasion, staff reported to the Director of Nursing (DON) that the wound vac dressing was not adhered properly, but the DON did not assess the dressing or ensure the wound vac was functioning as intended. Certified Nursing Assistants (CNAs) observed that the dressing was bunched up and not suctioning, and communicated this to the DON, who stated the dressing was fine and did not further assess the situation. Subsequent nursing assessments documented worsening maceration and a deteriorating wound condition, with the wound vac dressing being replaced and noted to be running correctly at one point. However, later documentation and interviews revealed that the wound vac dressing was not intact, the foam was not suctioning, and there was a strong odor at the wound site. The resident developed a low-grade fever and redness, and alternative wound care was provided after the wound vac was removed. Staff interviews indicated that some nurses were uncomfortable with wound vac dressing changes, and alternative dressing orders were provided for such situations. Despite these measures, there was a lack of consistent assessment and intervention when concerns about the wound vac's function were raised. The facility's policies required ongoing review of interventions and adherence to clinical guidelines for negative pressure wound therapy. However, the failure to promptly assess and address the malfunctioning wound vac, as well as the lack of comprehensive staff education on wound vac management, contributed to the resident not receiving the necessary care to prevent further deterioration of the pressure injury.
Failure to Prevent and Investigate Resident Fall
Penalty
Summary
A deficiency occurred when the facility failed to provide adequate supervision and assistance to prevent accidents and did not conduct a thorough investigation following a resident's fall. The resident, who had a history of cervical laminectomy, Parkinson's disease, diabetes, and recent vertigo, fell out of bed after a CNA left the room to assist another resident. The resident was unable to reach the call light and, after calling for help without response, used the phone to call 911. Law enforcement and EMS responded, assisted the resident, and transported them to the emergency department for evaluation. The facility's policies required staff to identify interventions based on resident-specific risks and to conduct a root cause analysis within 24 hours of a fall, including documentation of the circumstances, assessment data, and interviews. However, the event report for the incident lacked nursing documentation, staff or resident interviews, and a root cause analysis. There was also no documentation of the resident's condition immediately after the fall, including the status of the surgical neck wound or a description of the initial fall after returning from the bathroom. Interviews with facility staff confirmed that the investigation was incomplete and did not include the required elements. The DON could not recall the root cause analysis or the reason for the fall, and the event report was closed without these critical components. The resident's medical record and event report did not meet the facility's own policy requirements for post-fall assessment and documentation.
Missed IV Antibiotic Dose Due to Failure to Change Cartridge
Penalty
Summary
A resident with multiple diagnoses, including osteomyelitis of the thoracic vertebra, was admitted to the facility and prescribed a continuous 24-hour intravenous (IV) antibiotic (cefazolin) administered via a CADD pump. The resident was cognitively intact and made their own medical decisions. On one occasion, the scheduled change of the antibiotic cartridge was not performed as ordered, resulting in the resident missing a dose of the IV antibiotic. The missed dose was confirmed by both the resident and multiple staff members, who noted that the cartridge was found dry and unchanged the following day, and an unused cartridge was left over and subsequently discarded. The Director of Nursing (DON) was responsible for the shift when the cartridge should have been changed but did not perform the task. The medication administration record indicated the dose was given, but staff interviews and the presence of an unused cartridge confirmed the dose was missed. The incident was reported to the Nursing Home Administrator (NHA), who initially did not investigate further based on the DON's assurance that the dose was not missed. The deficiency was identified through staff and resident interviews, as well as review of medical records and medication supplies.
Failure to Document DON Assessment in Resident Medical Record
Penalty
Summary
A deficiency occurred when the Director of Nursing (DON) failed to document an assessment and observation of a resident with severe cognitive impairment and multiple complex medical diagnoses, including pneumonitis, dysphagia, and respiratory failure. The facility's policy required that all services, changes in condition, and objective observations be documented in the resident's medical record to ensure complete and accurate communication among the interdisciplinary team. On the date in question, therapy staff expressed concerns about the resident's respiratory status and swelling, prompting the DON to assess the resident. The DON verbally reported the assessment findings to the registered nurse (RN) but did not enter any documentation of the assessment or observations into the resident's medical record. Subsequent interviews confirmed that the DON acknowledged the lack of documentation and that the assessment was only communicated verbally. The resident's medical record was missing this critical information, despite the facility's policy and the need for accurate records to reflect changes in the resident's condition. The omission was identified during a surveyor's review of the medical record and staff interviews, which also revealed that the resident was later sent to the hospital and passed away. The failure to document the DON's assessment constituted a lack of complete and accurate medical records for the resident.
Failure to Follow Infection Control Protocols During Wound Care
Penalty
Summary
A deficiency occurred when a registered nurse (RN) failed to follow proper infection prevention and control protocols during wound care for a resident with multiple complex medical conditions, including traumatic spinal cord injury, diabetes, quadriplegia, and an ESBL-resistant infection. During the wound care procedure, the RN did not perform hand hygiene between glove changes and wore two pairs of gloves simultaneously, contrary to facility policy. Additionally, the RN used scissors that had been used to cut a soiled dressing to then cut a clean dressing, without sanitizing the scissors in between uses. These actions were observed during wound care on the resident's left heel and buttock, both of which had significant wounds, including a stage 4 pressure injury. Facility policies required hand hygiene immediately after glove removal and the use of clean, sanitized equipment during wound care. The RN acknowledged not performing hand hygiene between glove changes and not sanitizing the scissors before using them on a clean dressing. The Assistant Director of Nursing confirmed that the RN's actions were not in accordance with facility protocols, specifically regarding glove use and the need for clean equipment during wound care.
Failure to Prevent Resident-to-Resident Sexual Abuse
Penalty
Summary
The facility failed to ensure a safe environment free from abuse for two residents, both of whom had dementia and activated Powers of Attorney for Healthcare. One resident had a documented history of sexually inappropriate behavior, verbal and physical aggression, and wandering. Despite multiple incidents where this resident made sexual comments, was verbally and physically aggressive, and entered other residents' rooms, the facility did not consistently implement or revise interventions to address these behaviors or ensure the safety of other residents. Progress notes documented several incidents, including inappropriate sexual comments and altercations with other residents, but there was a lack of corresponding care plan updates or incident reports for these events. On one occasion, a resident was observed touching another cognitively impaired resident's breasts under her shirt. The incident was witnessed by another resident, who intervened and notified staff. Both the victim and the perpetrator had severe cognitive impairment and activated POAHCs. Prior to this event, the resident with a history of inappropriate behavior had previously been involved in similar incidents, including a prior sexual interaction with another resident and multiple episodes of aggression and boundary violations. Staff interviews revealed that these behaviors were known among staff, but documentation and communication regarding specific incidents and follow-up actions were inconsistent or lacking. The facility's policies required prompt reporting, investigation, and care plan revision following resident-to-resident altercations, especially those involving abuse or aggressive behavior. However, the facility was unable to provide evidence of investigations, incident reports, or care plan revisions for several documented incidents involving the resident with a history of inappropriate behavior. Staff and administration interviews confirmed gaps in communication, documentation, and follow-up, contributing to the failure to prevent the sexual abuse of a cognitively impaired resident by another resident with known high-risk behaviors.
Removal Plan
- Placed R2 on 1:1 supervision.
- Reviewed medical records and interviewed staff to identify other residents who may exhibit high-risk behavior.
- Developed care plans for residents identified with the potential for high-risk behavior.
- Reviewed the Abuse policy and playbook.
- Completed staff education on resident rights, abuse, reporting responsibilities, and willful/intentional acts.
- Initiated audits to ensure compliance.
Failure to Timely Report Alleged Abuse and Resident Altercations
Penalty
Summary
The facility failed to ensure timely reporting of suspected abuse involving two residents, as required by both facility policy and regulatory standards. Specifically, one resident with dementia and moderate cognitive impairment exhibited sexually inappropriate, verbally, and physically aggressive behaviors toward other residents on multiple occasions. Another incident involved a verbal altercation between this resident and another resident with no cognitive impairment. Despite these events, there was no evidence that the facility reported the allegations of abuse to the State Agency as required. Documentation in the medical records indicated that the resident with dementia made inappropriate sexual and combative comments to other residents and was involved in aggressive behavior on several dates. Staff documented these behaviors in progress notes but did not specify the exact nature of the comments or identify the recipients. Additionally, a verbal altercation between the two residents was documented, and staff intervened to separate them. However, there was no documentation of these incidents being reported to facility leadership or the State Agency, nor was there evidence of an investigation or follow-up as required by facility policy. Interviews with staff revealed uncertainty about whether the incidents were reported, and the Director of Nursing was unable to provide documentation of any investigation or reporting for the incidents in question. The Nursing Home Administrator, who was not employed at the time of the initial incidents, confirmed that the facility's policies require such events to be reported and that staff should notify leadership when incidents occur. The lack of timely reporting and investigation of these incidents constituted a deficiency in the facility's abuse reporting practices.
Failure to Investigate Alleged Abuse and Resident Altercations
Penalty
Summary
The facility failed to thoroughly investigate allegations of abuse involving two residents, as required by its own policies and regulatory standards. Progress notes documented that one resident, who had dementia with psychosis and moderate cognitive impairment, exhibited sexually inappropriate, verbally, and physically aggressive behaviors toward other residents on multiple occasions. Another incident involved a verbal altercation between this resident and another resident with a history of stroke and no cognitive impairment, after the first resident took the other's hat, leading to an argument that staff had to intervene to stop. Despite these documented incidents, the facility was unable to provide evidence of any investigations into the alleged abuse or altercations. The Director of Nursing (DON) acknowledged awareness of some of the incidents but could not provide details about the specific behaviors, the individuals involved, or any investigative actions taken. There was also no documentation to show that the incidents were reviewed or that appropriate actions were implemented in response to the behaviors. The facility's policies require that all allegations of abuse and resident-to-resident altercations be promptly reported, thoroughly investigated, and documented, with findings reported to appropriate leadership. However, the lack of investigation records and incomplete knowledge of the incidents by facility leadership demonstrate that these procedures were not followed for the incidents in question.
Failure to Timely Update Fall Care Plans for High-Risk Residents
Penalty
Summary
The facility failed to ensure that care plans for three residents at high risk for falls were reviewed, revised, or updated in a timely manner following fall incidents, as required by facility policy. For one resident with severe cognitive impairment and multiple diagnoses, including chronic pain syndrome and dementia, the care plan was not updated after two falls, one of which resulted in significant injuries including a femur fracture and scalp laceration. Although staff reportedly implemented new interventions such as placing a fall mat and lowering the bed, these changes were not documented in the resident's care plan. Another resident, also with severe cognitive impairment and a history of falls, experienced multiple falls over several months. The care plan interventions were not consistently updated after each fall. In some cases, interventions were added to the care plan days or weeks after the fall occurred, and in other cases, interventions were already listed in the care plan prior to the fall, indicating a lack of timely review and revision. Documentation did not always reflect the implementation of new or different interventions following each incident. A third resident with dementia and a history of falls also had multiple falls, with care plan interventions not being updated promptly. For some falls, interventions were documented as being added to the care plan weeks after the incident, and in other cases, no new interventions were documented at all. Interviews with facility staff, including the DON and LPN, confirmed that changes to care plans should be documented at the time interventions are implemented, but this was not consistently done for these residents.
Inadequate Supervision Leads to Resident Altercations
Penalty
Summary
The facility failed to provide adequate supervision to prevent resident-to-resident altercations involving four residents. On multiple occasions, a resident with severe cognitive impairment engaged in aggressive behavior towards other residents. These incidents included rolling a wheelchair into another resident's foot, yelling, and physical altercations. Despite being placed on 15-minute checks and later 1:1 supervision, the resident continued to have altercations, indicating a lack of effective supervision. The facility's staff did not consistently implement the required interventions for the resident. Although the resident was supposed to be on 1:1 supervision when outside their room, this was not always provided. During one incident, the resident was not supervised, leading to a physical altercation with another resident. Additionally, the motion sensor and audio monitoring devices intended to assist in supervision were not properly managed, as staff were unaware of their locations or how to use them effectively. Interviews with staff and the nursing home administrator revealed gaps in communication and training regarding the supervision and monitoring of the resident. The education provided to staff about the monitoring interventions was insufficient, with only a small portion of the nursing staff having signed the education sheet. Furthermore, there was no specific assignment of staff to provide 1:1 supervision, leaving it to the discretion of the nurse on duty, which contributed to the failure in supervision.
Failure to Report Resident Altercation
Penalty
Summary
The facility failed to report an incident of resident-to-resident altercation to the State Agency as required by their Abuse, Neglect, Exploitation, and Misappropriation Prevention Program policy. The incident involved two residents, R1 and R5, who were involved in a physical altercation on 9/7/24. R1, who had severe cognitive impairment and required 1:1 supervision, was not being supervised at the time of the incident. R5, who had moderate cognitive impairment, became upset with R1 and a physical altercation ensued. The altercation was not reported to the State Agency because neither resident incurred physical injuries. R1 was admitted to the facility with diagnoses including a fall with a fracture and dementia, and had a BIMS score indicating severe cognitive impairment. R5 was admitted with diagnoses including dementia and depression, with a BIMS score indicating moderate cognitive impairment. The facility's policy requires immediate reporting of suspected abuse to the administrator and state authorities, but this was not followed. The Nursing Home Administrator confirmed that the incident was not reported due to the absence of physical injuries.
Food Storage and Sanitation Deficiencies
Penalty
Summary
The facility failed to ensure that food was stored and prepared in a sanitary manner, which had the potential to affect all 30 residents. During an initial tour of the kitchen, the surveyor observed that cooling logs were not completed for leftover foods, including meatballs, chili, hard-boiled eggs, and cooked carrots. These items were not listed on the cooling log, and the Dietary Manager (DM) acknowledged that they should have been discarded. The facility's policy requires logging food temperatures for cooling foods within acceptable times, but this was not adhered to. Additionally, the surveyor noted cleanliness issues in the resident snack refrigerator, which contained dry sticky debris and layers of cardboard food packaging stuck to the shelves. The Nursing Home Administrator (NHA) stated that dietary staff were responsible for cleaning the refrigerator, but there was no cleaning log available, and the NHA was unaware of the last cleaning date. The DM confirmed the absence of a cleaning log and stated that the refrigerator had been cleaned within the last month. The facility also failed to monitor and document food holding temperatures. The Dietary Manager in Training (DMT) was observed serving lunch and checking food temperatures only once, without verifying holding temperatures before or after serving. Furthermore, food items for resident consumption were not labeled with open or expiration dates, and some were beyond the labeled discard date. The surveyor found icy pops and cottage cheese without proper labeling, and the DM could not confirm if the icy pops were for resident consumption.
Infection Control Deficiencies in LTC Facility
Penalty
Summary
The facility failed to establish and maintain an effective infection prevention and control program, which is crucial for preventing the development and transmission of communicable diseases and infections. The facility's Infection Control Manual, dated 2019, requires the creation of monthly and quarterly infection summary reports, but the facility did not maintain these reports. This was confirmed by the Director of Nursing (DON), who also serves as the Infection Preventionist, during an interview with the surveyor. The absence of these reports indicates a lack of ongoing infection surveillance, which is a fundamental component of an effective infection control program. Additionally, the facility did not implement Enhanced Barrier Precautions (EBP) for three residents with a history of multi-drug resistant organisms (MDROs). These residents, identified as having conditions such as MRSA infection and ESBL resistance, did not have orders for EBP, nor were there signs posted in their rooms indicating the need for such precautions. The DON confirmed that these residents were not on EBP, despite having indwelling lines and MDRO colonization, which are conditions that typically require such precautions. This oversight in implementing EBP further highlights the deficiencies in the facility's infection control practices.
Facility Fails to Maintain Clean and Homelike Environment Due to Persistent Urine Odor
Penalty
Summary
The facility failed to ensure a clean, comfortable, and homelike environment for its residents, as evidenced by a persistent urine odor noted by surveyors during observations on two consecutive days. The odor was detected upon entering the facility, in the dining room during lunch service, and in resident hallways and common areas, with the strongest odor on the 100 wing. Interviews with housekeeping staff confirmed the presence of the odor, and they suggested that the lack of air fresheners and issues with caulk around toilets might be contributing factors. Additionally, social services staff indicated that unsealed resident trash cans might also be contributing to the odor, and staff had been instructed to empty them more frequently. A resident, identified as R15, and their family member both confirmed the presence of the urine odor, with the family member noting that the 100 wing had a stronger odor than the 200 wing. R15, who had intact cognition as per their most recent Minimum Data Set assessment, expressed dissatisfaction with the facility's smell. The nursing home administrator also verified the presence of the odor, acknowledging the issue during an interview with the surveyor.
Failure to Investigate Potential Abuse Incidents
Penalty
Summary
The facility failed to thoroughly investigate incidents involving potential abuse for five residents, leading to deficiencies in their abuse prevention program. One resident, with moderate cognitive impairment, was found with an injury of unknown origin, specifically a bruise near the left eye, which was not investigated by the facility. The Regional Director of Operations was unaware of the incident until questioned by the surveyor, and there was no documentation of an investigation, indicating a lapse in the facility's protocol to rule out abuse. In another incident, two residents with severe cognitive impairments were involved in a resident-to-resident altercation, where one resident made contact with the other's face. Although the facility initiated an investigation and placed the residents on 15-minute checks, the investigation was incomplete as it did not include interviews with other staff or residents to ensure no further abuse concerns existed. The current Nursing Home Administrator confirmed that important documentation from the previous administration was missing, contributing to the incomplete investigation. A third incident involved a resident with intact cognition and another with severe cognitive impairment, where the latter attempted to hit the former. The facility did not conduct an investigation into this altercation, and the Regional Director of Operations was not aware of the physical contact involved. The lack of investigation into these incidents highlights a significant deficiency in the facility's ability to protect residents from potential abuse and ensure thorough investigations are conducted.
Deficiencies in ADL Assistance and Shower Provision
Penalty
Summary
The facility failed to provide adequate assistance with activities of daily living (ADLs) for five residents, as observed by surveyors. Resident 19, who was diagnosed with dementia and failure to thrive, required partial assistance with meals according to their care plan. However, during a meal observation, the resident was not consistently assisted with eating, as the CNA responsible for feeding was attending to multiple residents simultaneously. The CNA did not sit at eye level with Resident 19, which is considered best practice, and the resident did not attempt to eat independently during the observation period. Additionally, the facility did not consistently provide scheduled weekly showers for Residents 15, 4, 6, and 31. Resident 15 reported missing showers due to short staffing, and documentation confirmed the absence of shower records for several weeks. Resident 4 also reported irregular shower schedules, which was corroborated by resident council meeting minutes and grievance forms. Resident 6 experienced similar issues, with documentation showing missed showers over a sixteen-week period. Resident 31, who was discharged, received only one shower in the documented period without any recorded refusals. The Director of Nursing confirmed the lack of documentation indicated showers were not provided and acknowledged the residents' preferences and care plans were not followed. The facility's failure to adhere to care plans and provide necessary assistance and hygiene care highlights deficiencies in staffing and adherence to established care protocols.
Failure to Conduct Timely Background Checks
Penalty
Summary
The facility failed to implement its abuse policy by not completing timely and thorough background checks for four out of eight sampled staff members. The facility's policy, revised in April 2021, mandates conducting employee background checks to ensure that no individual with a history of abuse, neglect, exploitation, or related disciplinary actions is employed. However, the facility did not obtain Integrative Background Information System (IBIS) or Department of Justice (DOJ) reports for a Certified Nursing Assistant (CNA)-T and a Dietary Aide (DA)-S. Additionally, the facility obtained the IBIS and DOJ reports for a Physical Therapist (PT)-R only after the individual had already been hired. Furthermore, a background check for CNA-U had not been completed within the last four years, and no IBIS or DOJ reports were provided for this individual. The deficiency was identified during a caregiver program compliance check conducted by a surveyor. The Regional Director of Operations (RDO)-D acknowledged the issue, attributing the missing background check information to the absence of a current Human Resources (HR) Director. The previous HR Director may have discarded some of the necessary documents, and the facility was in the process of recruiting a new HR Director. In the meantime, all background checks were being processed through the company's HR headquarters. The RDO-D recognized the concern and indicated that the issue would be addressed once a new HR Director was hired.
Failure to Address Resident Grievance Due to Phone System Issues
Penalty
Summary
The facility failed to promptly address a grievance raised by a resident, identified as R15, regarding the lack of response to their call light. R15, who has intact cognition as indicated by a BIMS score of 15 out of 15, reported that when staff did not respond to their call light, they contacted a family member, FM-L, to call the facility for assistance. FM-L attempted to contact the facility multiple times but was unable to reach anyone or leave a message due to the absence of a voicemail system. Despite R15 informing the staff about the issue, the facility did not follow up with R15 or FM-L to resolve the grievance in a timely manner. The surveyor's investigation confirmed the communication issues, as calls made to the facility's listed numbers resulted in no answer and no voicemail option. Interviews with the Nursing Home Administrator and Social Services staff verified the facility's phone system problems, including the lack of a separate line for staff and the absence of a voicemail system. The grievance was not documented in the facility's grievance file, indicating a failure to adhere to the grievance policy and promptly resolve the issue.
Failure to Report Abuse and Altercations
Penalty
Summary
The facility failed to report incidents involving potential abuse to the Nursing Home Administrator (NHA) and the State Agency (SA) for three residents. On April 2, 2024, a resident with moderate cognitive impairment was found with a bruise of unknown origin on the left eye area. The facility did not report this injury to the NHA or the SA, and there was no documentation other than what was in the resident's medical record. The Regional Director of Operations (RDO) was unaware of the incident until questioned by the surveyor, indicating a lapse in the facility's reporting protocol. Additionally, on July 20, 2024, a physical altercation occurred between two residents, one with intact cognition and the other with severe cognitive impairment. The altercation involved one resident making fists and hitting the other in the chest. Despite the incident being documented in a nursing progress note, the facility failed to notify the SA or the family member of the resident who was attacked. The RDO was aware of the altercation but not of the physical contact, further highlighting the facility's failure to adhere to its abuse prevention policy.
Failure to Provide Written Transfer Notification
Penalty
Summary
The facility failed to provide a written notification of transfer, including the reason for the transfer, location, appeal rights, and contact information for the State Long-Term Care Ombudsman, for a resident who was transferred to the hospital. The resident, who had intact cognition and no activated Power of Attorney for Health Care, was transferred to the hospital following an unwitnessed fall. However, the medical record did not contain the required written notification or documentation of the reason for the transfer, nor was there evidence that this information was conveyed to the receiving provider. The surveyor's review of the resident's medical record and an event report revealed that the transfer details, such as the reason for the transfer, date and time, mode of transportation, and communication with the receiving provider, were not documented. The resident returned to the facility with a hematoma requiring staples and a diagnosis of a urinary tract infection. Interviews with the Regional Director of Operations and the Director of Nursing confirmed the absence of the required transfer notice and documentation.
Failure to Provide Bed Hold Notice for Hospitalized Resident
Penalty
Summary
The facility failed to provide a written bed hold notice to a resident, identified as R6, who was transferred to the hospital. According to the facility's Bed-Holds and Returns policy, revised in October 2022, all residents or their representatives should receive written information regarding the bed-hold policy at the time of transfer, or within 24 hours if the transfer was an emergency. This notice should include details about the duration of the bed-hold policy, the reserve bed payment policy, and the right to return to the facility. However, R6, who was transferred to the hospital on May 12, 2024, did not receive such a notice, and the facility was unable to locate a copy of the signed bed hold policy. R6 was admitted to the facility with diagnoses including metabolic encephalopathy, diabetes mellitus type 2, chronic kidney disease stage 3, and neuropathic bladder with urinary retention. The Minimum Data Set (MDS) assessment indicated that R6 had intact cognition with a Brief Interview for Mental Status (BIMS) score of 14 out of 15. Despite this, the facility did not provide the required written bed hold notice upon R6's transfer to the hospital. This deficiency was confirmed during an interview with the Regional Director of Operations, who acknowledged the oversight.
Failure to Complete PASRR Level II Screen for Resident
Penalty
Summary
The facility failed to meet the Pre-Admission Screen and Resident Review (PASRR) requirements for a resident with a history of mental illness or mental disorder. The resident was admitted with diagnoses including dementia, insomnia, and depression, and was prescribed psychotropic medications. Despite these indicators, the PASRR Level I Screen incorrectly marked 'no' for major mental disorder and did not trigger a Level II Screen. The resident's medical record also lacked documentation of a county exemption, which is necessary when a resident remains in the facility for long-term care beyond the initial 30-day exemption period. The deficiency was identified during a survey when the resident's medical record was reviewed, revealing that the facility did not complete a PASRR Level II Screen after the resident stayed beyond 30 days. Interviews with the Director of Nursing and a Licensed Practical Nurse confirmed the oversight. The facility's policy requires a Level I PASRR Screen for all admissions and a referral for a Level II Screen if criteria for mental disorder or intellectual disability are met, which was not adhered to in this case.
Failure to Develop Comprehensive Smoking Care Plan
Penalty
Summary
The facility failed to develop a comprehensive care plan for a resident following a smoking assessment. The resident, who was admitted with diagnoses including ataxia, alcohol dependence, nicotine dependence, diabetes, debility, and glaucoma, had a Minimum Data Set (MDS) assessment indicating severely impaired cognition. A smoking risk assessment identified the resident as a potential unsafe smoker with moderate problems in areas such as carelessness with smoking materials, general awareness, and capability to follow the facility's safe smoking policy. Despite these findings, the resident's medical record did not contain a smoking care plan until it was requested by the surveyor. The Director of Nursing (DON) stated that the resident did not smoke upon admission, but when the resident expressed a desire to smoke, a smoking assessment was completed. However, the nurse responsible for the assessment did not follow through with creating a care plan, which was only completed on the day it was requested by the surveyor. This oversight resulted in the facility not having a documented plan to address the resident's smoking needs and risks, as required by their own smoking policy.
Failure to Maintain Proper Catheter Care
Penalty
Summary
The facility failed to provide appropriate care for a resident with an indwelling catheter, leading to a deficiency in preventing urinary tract infections (UTIs). During an observation, it was noted that the staff did not maintain the catheter drainage bag below the level of the resident's bladder, which is necessary to ensure unobstructed urine flow. The facility's policy, revised in April 2022, clearly states that the drainage bag should be positioned lower than the bladder at all times to prevent urine from flowing back into the bladder. The resident involved, identified as R14, had multiple diagnoses, including quadriplegia, pressure injury, osteomyelitis, neurogenic bowel, diabetes mellitus, ESBL resistance, UTIs, and neuromuscular dysfunction of the bladder. On the day of the observation, the surveyor noted that the catheter drainage bag was placed on the bed at the level of the resident's bladder, preventing urine flow. This was confirmed by both a CNA and an LPN, who acknowledged that the bag should be kept below the bladder level. The Director of Nursing also stated that the bag should not remain at the bladder level for extended periods during care and dressing changes.
Failure to Provide Fluids Between Meals
Penalty
Summary
The facility failed to ensure that a resident, identified as R20, was offered fluid intake between meals, as required by the facility's Resident Hydration and Prevention of Dehydration policy. R20, who was admitted with multiple diagnoses including aphasia, dysphagia, neurocognitive disorder with Lewy body dementia, epilepsy, and Parkinson's disease, was at risk for weight loss and aspiration. The care plan indicated that R20 was on a general diet with nectar-thick liquids. However, during the survey period from July 29 to July 31, 2024, the surveyor observed that R20 did not have thickened liquids available in their room, and staff interviews confirmed that fluids were not provided between breakfast and lunch. The surveyor's interviews with R20's Power of Attorney for Healthcare (POAHC) and Certified Nursing Assistants (CNAs) revealed that unless the POAHC was present, R20 did not receive fluids in the morning. The CNAs confirmed the absence of thickened liquids in R20's room, and the Director of Nursing (DON) stated that staff were expected to provide fluids between meals. Despite these expectations, the facility did not adhere to its policy, resulting in a deficiency in providing adequate hydration to R20.
Failure to Monitor High-Risk Medications
Penalty
Summary
The facility failed to ensure proper monitoring of high-risk medications for two residents, leading to deficiencies in their care plans. Resident 6 was prescribed insulin and bumetanide, but their care plan lacked interventions for monitoring potential side effects or adverse reactions to these medications. This oversight was confirmed by interviews with the LPN and the Director of Nursing, who acknowledged the absence of necessary monitoring interventions in the resident's plan of care. Similarly, Resident 19, who had diagnoses including hypertension, syncope, and dementia, was prescribed apixaban and furosemide. The care plan for this resident did not include monitoring for bleeding or other potential side effects related to apixaban use. Additionally, although there was an order to weigh the resident weekly due to diuretic use, the resident had not been weighed for ten out of the preceding twenty-two weeks. The Director of Nursing confirmed these deficiencies, acknowledging the lack of monitoring for side effects and the failure to adhere to the weekly weighing order.
Deficiency in Psychotropic Medication Management
Penalty
Summary
The facility failed to ensure proper assessment and documentation for the use of psychotropic medications for three residents, leading to a deficiency in medication management. Specifically, residents were prescribed lorazepam, an anti-anxiety medication, on a PRN basis without a documented rationale for its continued use beyond the 14-day limit as required by the facility's policy. The policy mandates that PRN orders for psychotropic medications should not exceed 14 days unless a specific rationale and duration are documented by the prescriber. However, for the residents in question, there was no such documentation, and the orders lacked an end date. Resident 1, diagnosed with conditions including dementia and anxiety disorder, had a PRN order for lorazepam without a rationale for its use beyond 14 days. Similarly, Resident 22, with diagnoses of dementia and anxiety, and Resident 19, with dementia and generalized anxiety disorder, also had PRN orders for lorazepam without the necessary documentation. Interviews with the Director of Nursing and a Licensed Practical Nurse confirmed the absence of required documentation and acknowledged that the orders should have included a rationale or been discontinued.
Improper Medication Storage for a Resident
Penalty
Summary
The facility failed to ensure proper storage of medications for a resident, identified as R4, during a medication administration observation. On the morning of July 31, 2024, a surveyor observed two bottles of eye drops and a container of topical lotion prescribed to R4, along with a scopolamine transdermal patch not prescribed to R4, left on R4's bedside table. The scopolamine patch was found by RN-N on the floor near the medication cart and was placed on the bedside table along with the other medications when RN-N became distracted and left the room. Interviews with LPN-G and RN-N confirmed that the scopolamine patch did not belong to R4 and that medications should not have been left at the resident's bedside. The Director of Nursing, DON-B, also verified that medications should be stored appropriately and confirmed that R4 was not self-administering medication. This incident highlights a lapse in the facility's medication storage protocol, as medications were not secured in locked compartments as required.
Infection Control and Hand Hygiene Deficiencies
Penalty
Summary
The facility did not maintain an infection prevention and control program designed to provide a safe and sanitary environment, which had the potential to affect all 29 residents. The facility failed to appropriately monitor for infections and outbreaks, as evidenced by the incomplete COVID-19 line list that did not identify symptoms, monitor symptoms, or include the date of the last symptom for residents and staff. The Director of Nursing (DON) acknowledged that the facility did not maintain a line list for monitoring symptoms and was in the process of hiring a new Infection Preventionist (IP) to address this issue. During incontinence care for two residents, staff did not perform appropriate hand hygiene. For one resident, a Certified Nursing Assistant (CNA) did not remove soiled gloves or complete hand hygiene after cleansing stool from a colostomy bag, and continued to provide care with the same gloves. The CNA acknowledged the failure to follow proper hand hygiene protocols. The DON confirmed that staff are expected to remove soiled gloves, perform hand hygiene, and don clean gloves when continuing care. For another resident, a Medication Technician (MT) did not remove soiled gloves or complete hand hygiene after providing rear perineal care and continued to assist with repositioning and other tasks with the same gloves. The MT acknowledged the failure to follow proper hand hygiene protocols. The DON confirmed that staff are expected to remove soiled gloves, perform hand hygiene, and don clean gloves when moving from dirty to clean tasks.
Unsecured Medication Cart
Penalty
Summary
The facility did not ensure medications were properly secured in a medication cart, which had the potential to affect multiple residents. The facility's policy required that medication carts be locked and parked at the nurses' station or inside the medication room when not in use. However, on 4/9/24, a surveyor observed a resident with severe cognitive impairment, as indicated by a BIMS score of 0 out of 15, open an unlocked medication cart in the lobby and remove two medication cards. There were no staff present in the immediate area, although four staff members were observed talking in a group down a resident wing. A resident in the lobby noticed the incident and told the resident to stop, after which the surveyor motioned for staff to intervene. The staff then removed the medication cards from the resident's hand and pushed the resident back to their room. The Medication Technician (MT) responsible for the cart confirmed that it was unlocked and admitted to being distracted by other duties, including assisting administration and talking with staff. The Director of Nursing (DON) later confirmed that the expectation was for staff to lock the medication cart at all times when not in use. This lapse in protocol led to the observed deficiency, as the medication cart was left unsecured, allowing a resident with severe cognitive impairment to access it unsupervised.
Failure to Report Suspected Abuse and Theft
Penalty
Summary
The facility failed to implement policies and procedures for reporting suspected abuse, neglect, or theft in accordance with section 1150B of the Act for two residents. Resident 16, who had intact cognition, reported during a resident council meeting that a staff member had kicked their foot off a chair and was rough with them. This allegation of abuse was not reported to the State Agency or local law enforcement. The Nursing Home Administrator (NHA) was unaware of the incident and did not review the resident council meeting minutes where the allegation was documented. Resident 17, who had severe cognitive impairment, reported that money was taken from their purse. The grievance noted that the resident was agitated and kept their purse with them at all times. Despite the resident's agitation and the grievance documentation, the allegation of misappropriation was not reported to the State Agency or local law enforcement. The NHA, who was not employed at the facility at the time of the incident, confirmed that the allegation was not reported due to the resident's memory issues and age.
Failure to Investigate Allegations of Abuse and Misappropriation
Penalty
Summary
The facility failed to thoroughly investigate allegations of abuse and misappropriation for two residents. Resident 16, who had intact cognition, reported during a resident council meeting that a Medication Technician had kicked their foot off a chair on purpose and was rough with them. The Nursing Home Administrator (NHA) was unaware of this allegation and did not see the minutes from the resident council meeting, resulting in no investigation being conducted. The facility's policy requires a thorough investigation of all allegations, including interviewing the alleged victims, witnesses, and staff, which was not done in this case. Resident 17, who had severe cognitive impairment, reported that money was taken from their purse. The grievance noted that the resident was agitated and kept their purse with them at all times. The investigation section of the grievance indicated that staff needed to search the purse when the resident was unaware, but the resolution section stated that the Activity Director looked in the purse and found nothing missing. The NHA confirmed that no further investigation was conducted, including obtaining statements from residents and staff to determine if money was indeed missing or if other residents had similar complaints.
Failure to Provide Necessary Pressure Ulcer Care
Penalty
Summary
The facility failed to provide necessary care and services to promote healing and prevent pressure injuries for one resident (R6). R6's medical record indicated the presence of open areas on the buttocks on two separate occasions, but there were no assessments or proof of monitoring for the effectiveness of treatments. The facility's protocol required detailed documentation and regular assessments of pressure sores, which were not followed. R6's care plan did not address the resident's risk for pressure injuries or impaired skin integrity, despite R6 being at high risk according to a Skin Risk Assessment. Additionally, the facility could not locate documentation from the previous Director of Nursing (DON) regarding R6's wound assessments, and the current interim DON confirmed the lack of weekly wound assessments and conflicting documentation in R6's medical record. On observation, a scabbed area was noted on R6's right buttock, which was verified by an LPN. The interim DON confirmed that a scabbed area should not be considered healed and acknowledged the deficiencies in documentation and care planning. The facility's failure to adhere to its own protocols and ensure consistent and accurate documentation contributed to the deficiency in providing appropriate pressure ulcer care and prevention for R6.
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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.
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