Mulder Health Care Facility
Inspection history, citations, penalties and survey trends for this long-term care facility in West Salem, Wisconsin.
- Location
- 713 Leonard St N, West Salem, Wisconsin 54669
- CMS Provider Number
- 525209
- Inspections on file
- 31
- Latest survey
- January 22, 2026
- Citations (last 12 mo.)
- 8
Citation history
Health deficiencies cited at Mulder Health Care Facility during CMS and state inspections, most recent first.
Multiple cognitively intact residents with conditions such as heart disease, morbid obesity, chronic kidney disease, and prior stroke reported that cash amounts ranging from about $50 to $75 went missing from their wallets and rooms, and each identified a CNA as the suspected individual. These residents described incidents occurring over weeks to months, including one resident awakening to find the CNA taking money from her wallet. Review of the EMR and progress notes for each resident over extended periods showed no documentation of their allegations, despite an abuse prevention policy that defines misappropriation of resident property and states residents have the right to be free from abuse and misappropriation, with ongoing oversight and supervision of staff to ensure policies are implemented.
Surveyors found that the facility did not follow its dietician-approved menus, repeatedly serving meals that omitted or substituted listed items such as French fries, vegetables, bananas, and condiments without appropriate, approved substitutions. Staff reported routinely changing menus based on supply and ordering issues and relying on a whiteboard menu marked as subject to change, while residents stated they were not given the actual menu, were unaware of planned items they would have preferred, and were not informed of alternates. In one case, a resident with dementia, kidney disease, and a care plan for a soft, bite-sized diet at risk for weight loss was served whole bread and whole grapes, received no potatoes, and ate independently without the indirect supervision and texture modifications specified in her orders and care plan.
Dietary staff failed to follow proper food handling practices while preparing and serving meals for all residents. A cook was observed taking temperatures of chili with beans, mashed potatoes, and pureed mixed vegetables while touching the inside of the food containers with a bare hand. A dietary aide was observed touching the inside of lids with bare hands while placing them on bowls of chili with beans and then placing these bowls on resident trays. The cook later acknowledged she was not supposed to touch the inside of food containers when taking temperatures, and the dietary aide reported she did not know if she should touch the inside of lids. The dietary manager confirmed staff were not supposed to touch the inside of containers or lids with bare hands during these tasks.
A resident with dementia, kidney disease, and a wound requiring nutritional support was admitted on a regular chopped, soft and bite-sized diet with thin liquids, ordered weekly weights, bedtime snacks, and ProStat twice daily. The care plan and initial nutritional assessment identified the resident as underweight and at risk for significant weight loss, with instructions to monitor intake and weight trends. However, staff failed to document 10 of 46 meals, did not record any weights after an early post-admission entry despite weekly weight orders, and did not show evidence of follow-up on the resident’s documented weight loss. The DON confirmed that weights and meal intake were not consistently documented, contrary to facility policies requiring regular weight monitoring and recording of meal intake percentages.
A facility failed to remove a CNA from resident care duties after an allegation of abuse was made by a resident, despite policy requiring immediate removal and suspension pending investigation. The resident, who was alert and oriented, reported being treated aggressively and physically grabbed by the CNA, with these actions corroborated by other staff. The CNA continued to work additional shifts and had potential contact with other residents during the ongoing investigation.
A resident with multiple medical conditions was subjected to abusive behavior by a CNA, who spoke in a condescending manner, grabbed the resident's wrist tightly without releasing when asked, and yelled in close proximity to the resident's face. The incident was witnessed by another CNA and an LPN, who observed the resident visibly upset and slight redness on the wrist. The event was reported for investigation.
A resident reported being spoken to in an abusive manner and having her wrist grabbed tightly by a CNA, with multiple staff witnessing the incident and noting the resident's distress. Although the event was promptly reported internally, the facility failed to notify the State Survey Agency within the required 24-hour timeframe, resulting in a deficiency for delayed reporting of alleged abuse.
A resident with significant mobility impairments was transferred to the bathroom using an EZ stand when their right arm was bumped against a door frame by CNA staff. The incident was not reported to the charge nurse or documented in the medical record, despite facility policy requiring immediate reporting and communication of all incidents. The DON confirmed the failure to follow protocol after the resident later reported severe pain.
A resident with multiple complex medical conditions, including dysphagia and chronic kidney disease, did not receive adequate daily fluid intake due to the facility's failure to total and assess fluid intake, monitor for dehydration, perform timely weight checks, and update care plans. This led to significant weight loss and repeated hospitalizations for dehydration and aspiration pneumonia, with staff interviews confirming confusion and lack of accountability for monitoring hydration.
A resident who required extensive assistance for toileting due to recent surgery and mobility limitations requested help to use the bathroom but was told by a CNA to wait based on an incorrect toileting schedule. The resident waited approximately 1 hour and 20 minutes before being assisted, during which time staff did not check on her or provide timely care, despite facility policy requiring person-centered and prompt assistance with ADLs.
A resident with a history of serious health conditions experienced a significant drop in oxygen saturation and pulse rate, requiring immediate physician notification. The facility failed to document or communicate this change to the physician, resulting in a deficiency in care. Despite temporary improvement with oxygen therapy, the lack of proper notification and documentation led to inadequate management of the resident's condition.
A resident with a history of cerebral infarction and hemiplegia suffered second-degree burns from hot soup due to inadequate supervision during meals. The facility failed to adhere to its policy of serving hot liquids at safe temperatures, resulting in immediate jeopardy. Staff interviews revealed inconsistencies in supervision responsibilities and a lack of adherence to temperature guidelines.
A facility failed to thoroughly investigate a resident-to-resident altercation involving a cognitively impaired resident who hit another resident. Despite the facility's policy requiring interviews with all involved persons, only the two residents directly involved were interviewed, as the incident was deemed isolated. This led to a deficiency in the investigation process.
Failure to Protect Cognitively Intact Residents From Misappropriation of Funds by CNA
Penalty
Summary
The deficiency involves the facility’s failure to protect cognitively intact residents from misappropriation of their money by a staff member, CNA1. One resident reported waking from sleep to find CNA1 in her room taking money from her wallet. This resident had diagnoses including adult failure to thrive and heart disease and had a Brief Interview for Mental Status (BIMS) score of 15/15, indicating she was cognitively intact. Her electronic medical record, including progress notes from early August through mid-December, contained no documentation of her allegation of misappropriation of property. During the facility’s investigation into this initial allegation, three additional cognitively intact residents reported missing money and identified CNA1 as the suspected individual. One resident with morbid obesity and heart disease stated that $55 to $75 was taken from her wallet within the first few weeks after admission; her progress notes over several months contained no entries related to this allegation. Another resident with congestive heart failure and chronic kidney disease reported that $50 to $65 had been stolen from her in May, and she stated that “that lady” (CNA1) stole her money; again, her progress notes over many months did not reflect this allegation. A fourth resident with a history of stroke reported that money had gone missing “a while ago,” believed CNA1 took it, and later stated the money had been taken almost a year earlier; her progress notes similarly contained no documentation of the misappropriation allegation. The Administrator and DON confirmed to surveyors that the facility’s investigation into the reports from these four residents led them to conclude that CNA1 likely stole the residents’ money. The facility’s Abuse Prevention Program Policy defined misappropriation of resident property as the deliberate misplacement, exploitation, or wrongful use of residents’ belongings or money without consent, and stated that each resident has the right to be free from abuse, neglect, and misappropriation, and that the facility would provide a safe environment and protect residents from abuse. The policy also stated that training on abuse prohibition alone does not relieve the facility of responsibility to assure residents are free from abuse and that the facility would provide ongoing oversight and supervision of staff to ensure policies are implemented as written. Despite these policy provisions, multiple residents reported missing money associated with CNA1, and their records lacked documentation of these allegations in the progress notes.
Failure to Follow Dietician-Approved Menus and Provide Ordered Diet Textures and Preferences
Penalty
Summary
The deficiency involves the facility’s failure to follow its planned menus and ensure meals met residents’ nutritional needs and preferences as written and approved. Surveyors reviewed the facility’s week three menus and observed multiple meals where items listed on the menu were not served. For one dinner, the posted menu included minestrone soup, grilled cheese, French fries, lettuce, tomato, onion, apple slices, ketchup, margarine, and 2% milk and/or coffee, but residents actually received minestrone soup, grilled cheese, canned pears, and a choice of 2% milk, coffee, or juice, with no French fries, lettuce, tomato, onion, or apples provided. For a lunch meal, the menu listed chili with beans, baked potato, sweet potato cornbread, red grapes, sour cream and chives, margarine, and 2% milk, coffee, or tea, but residents received chili with beans, baby baked potatoes, sweet potato cornbread or a dinner roll, red grapes, and beverages, with no sour cream and chives served. For a supper meal, the menu listed corn dogs, creamy coleslaw, banana, margarine, and beverages, but residents received corn dogs, tater tots, coleslaw, sugar cookies, and beverages, with no banana served. Staff interviews confirmed that menus were routinely altered without adherence to the written, dietician-approved menu and without appropriate substitutions being reviewed. A cook reported that the facility did not usually order regular baking potatoes because of their size and instead used baby baked potatoes, and that sour cream and chives were usually not included. The Administrator stated that the facility relied on a whiteboard as the working menu and that it was labeled as subject to change. The Dietary Manager stated that menu items varied based on supply and ordering issues and acknowledged being unaware that a registered dietician needed to approve menu adjustments to ensure residents received appropriate amounts and types of food within the same food groups. Residents in a group interview reported they were not provided with the actual facility menu, only what was written on the dry erase board, and that alternates were not posted. They stated they were unaware that French fries and lettuce, tomato, onion, and ketchup were supposed to be part of a prior dinner meal, expressed that they liked French fries and would have wanted them, and noted that pears were served frequently and that no alternate fruit was offered when they did not like pears. The deficiency also included failure to provide an individual resident with meals consistent with her ordered diet texture, care plan, and preferences. One resident with dementia, chronic and acute kidney disease, cellulitis, and a severely impaired BIMS score was care planned as being at risk for significant weight loss and ordered a regular chopped diet with thin liquids, with all foods to be served in bite-sized pieces and requiring setup/cleanup assistance and indirect supervision during meals. Her tray card indicated a soft and bite-sized regular diet with no recorded dislikes. During a lunch observation, the posted whiteboard menu listed chili with beans, baby baked potato, cornbread/dinner roll, and grapes. The resident was served chili, a whole bread roll, and whole grapes; after refusing chili, she was given chicken noodle soup but did not receive any potatoes. She ate the whole roll and whole grapes quickly and independently without staff interaction. In a subsequent interview, the Dietary Manager, DON, and Administrator agreed that the roll should have been cut into bite-sized pieces, the resident should have received bananas instead of grapes, and potatoes should have been served, and confirmed that the facility was expected to provide a diet meeting the resident’s needs and that dislikes or allergies should be documented on the tray card.
Improper Handling of Food Containers and Lids During Meal Service
Penalty
Summary
The deficiency involves failure of dietary staff to prevent contamination of food containers and lids during meal preparation and service for all 78 residents. During a midday observation, a cook was seen taking temperatures of chili with beans, mashed potatoes, and pureed mixed vegetables and, while doing so, repeatedly touched the inside of each food container with her bare hand. In a separate observation, a dietary aide was seen touching the inside of the lids with bare hands while placing the lids on bowls of chili with beans and then placing these bowls on resident trays. When interviewed, the cook acknowledged she was not supposed to touch the inside of food containers with her hand when taking food temperatures, and the dietary aide stated she did not know whether she was supposed to touch the inside of the lids. The dietary manager later confirmed that kitchen staff were not supposed to touch the inside of food containers or lids with bare hands when taking food temperatures or placing lids on bowls of chili. The report states this failure had the potential to increase the risk of foodborne illness for all 78 residents in the facility.
Failure to Consistently Monitor and Document Nutritional Status and Weights
Penalty
Summary
The deficiency involves the facility’s failure to consistently and comprehensively manage nutritional services for a resident identified as being at risk for significant weight loss. The resident was admitted with dementia, chronic and acute kidney disease, and cellulitis of the left lower limb, and had a BIMS score indicating severe cognitive impairment. The admission MDS showed no significant weight loss prior to admission. Physician’s orders directed that the resident receive a regular chopped diet with thin liquids, be weighed weekly on shower days, be offered a bedtime snack each evening, and receive ProStat 30 mL twice daily to support wound healing. The care plan, revised shortly after admission, identified the resident as at risk for significant weight loss and directed that all foods be served as a regular diet cut into bite-sized pieces, that intake be monitored, and that the resident receive diet as ordered. The diet/tray card used by staff showed a soft and bite-sized regular diet and no recorded food or fluid dislikes. Review of the weight record showed weights of 118 lbs, 113.8 lbs, 114.0 lbs, and 110.0 lbs over several days, with no recorded weights after the last entry despite orders for weekly weights. The vitals report showed that meal intake was not documented for 10 of 46 meals since admission, contrary to the care plan and the facility’s Monitoring Nutrient Intake Policy, which required nursing to document percentage of each meal consumed and substitutions. The initial nutritional assessment documented that the resident was underweight and at risk for significant weight loss, with a plan to monitor for need of additional high-calorie supplements based on intake, skin, and weight trends, and for the RD to update the plan of care as needed. There was no documentation of facility follow-up related to the resident’s weight loss since admission, no evidence of efforts to ensure accurate meal intake documentation, and no evidence that weights were obtained as ordered. The DON and Administrator confirmed that no weights were documented after the last recorded date and that meal intake had not been consistently documented, despite the facility’s policies requiring monthly weights or more frequent monitoring as ordered, and recording of all obtained weights in the EMR.
Failure to Remove Staff Following Abuse Allegation
Penalty
Summary
The facility failed to implement protective measures following an allegation of abuse involving a certified nursing assistant (CNA) and a resident. According to the facility's Abuse Prevention Program policy, staff members accused of abuse are to be immediately removed from resident care duties and suspended pending the outcome of an investigation. However, after an incident in which a CNA was alleged to have acted aggressively, spoken in a condescending manner, and physically grabbed a resident's wrist despite the resident's objections, the CNA was allowed to continue working both during the remainder of the shift and on subsequent days while the investigation was ongoing. The resident involved was alert, oriented, and had a history of conditions including gastroenteritis, rheumatoid arthritis, osteoarthritis, weakness, and anxiety disorder. The resident reported feeling that the CNA was abusive, describing the CNA as haughty, condescending, and physically forceful, including grabbing her wrist tightly and yelling in her face. Witnesses, including another CNA and an LPN, corroborated the resident's account, noting the CNA's aggressive behavior, refusal to leave when asked, and the resident's visible distress, including trembling and watering eyes. The LPN observed redness on the resident's wrist and reported the incident to the Director of Nursing promptly. Despite these observations and the facility's policy, the CNA continued to work with residents, including on other shifts and in areas where she could have contact with additional residents. The failure to remove the CNA from resident care duties during the investigation represented a lack of immediate protective action as required by the facility's own procedures, potentially affecting the safety and well-being of other residents.
Resident Subjected to Abusive Behavior by CNA During Care
Penalty
Summary
A deficiency occurred when a resident, who was alert, oriented, and able to communicate her needs, was subjected to abusive behavior by a Certified Nursing Assistant (CNA). The resident reported that the CNA spoke to her in a haughty, condescending, and dictatorial manner, insisted she move her own belongings, and threatened to leave if she did not comply. During care, the CNA grabbed the resident's wrist twice, did not release her grip when asked, and yelled in the resident's face from a close distance. The resident expressed feeling a little afraid during the incident and described the CNA's behavior as escalating. Although no marks were left, the resident stated the grip was tight and confirmed she felt the CNA was abusive. Other staff present corroborated the resident's account. Another CNA described the situation as a "power trip" and confirmed the CNA's condescending tone and refusal to let go of the resident's wrist. A Licensed Practical Nurse (LPN) who entered the room observed the resident visibly trembling and with watery eyes, and noted the CNA was speaking aggressively and inappropriately close to the resident's face. The LPN also observed slight redness near the resident's wrist and reported that the resident calmed after the CNA left. The incident was reported to the Director of Nursing, and statements were gathered for investigation.
Failure to Timely Report Alleged Abuse Incident
Penalty
Summary
The facility failed to ensure that all alleged violations involving abuse, neglect, exploitation, or mistreatment were reported to the appropriate authorities within the required timeframe. According to the facility's Abuse Prevention Program policy, allegations involving abuse or serious bodily injury must be reported immediately, but not later than two hours after the allegation is made, and all other allegations must be reported within 24 hours. In this incident, a resident with intact cognitive function reported that a CNA spoke to her in a condescending and aggressive manner, grabbed her wrist tightly despite her requests to let go, and refused to leave the room when asked multiple times. The resident described the interaction as abusive and stated she felt afraid during the incident. Multiple staff members, including another CNA and an LPN, witnessed the event and corroborated the resident's account. The LPN observed the resident visibly upset, with watery eyes and trembling, and noted slight redness on the resident's wrist. The LPN also reported that the CNA continued to work the remainder of the shift after the incident. The LPN promptly reported the incident to the Director of Nursing and began gathering witness statements for an investigation. Despite the prompt internal reporting, the facility did not report the incident to the State Survey Agency within the required 24-hour period. The self-report to the state was made three days after the incident occurred, which is not in compliance with the facility's policy or federal regulations. This delay in external reporting constitutes the deficiency identified by the surveyors.
Failure to Report and Document Resident Transfer Accident
Penalty
Summary
A deficiency occurred when a resident with right-sided hemiplegia, impaired mobility, hypertensive intracerebral hemorrhage, chronic pain, and osteoarthritis was being transferred to the bathroom using an EZ stand. During the transfer, the resident's right arm was bumped against the door frame by CNA staff. The incident was not reported to the charge nurse or documented in the medical record as required by the facility's Resident Incident/Accident Reporting Protocol, which mandates immediate reporting and documentation of all incidents and accidents, regardless of severity. The resident later reported severe pain in the right arm to a registered nurse during a medication pass, prompting the facility to gather witness statements from the involved CNAs. Both CNAs confirmed the incident, noting that the resident's arm was hit during the transfer and that the resident declined an ice pack. The Director of Nursing confirmed that the incident was not reported to the nurse on duty, the charge nurse, or the oncoming shift, in violation of facility policy.
Failure to Monitor and Maintain Adequate Hydration for a Resident
Penalty
Summary
A deficiency occurred when the facility failed to ensure a resident received adequate fluid intake to maintain acceptable hydration. The resident, who had multiple diagnoses including multiple sclerosis, chronic kidney disease, weakness, and dysphagia, was consistently not meeting the recommended daily fluid intake of greater than 1,400 ml. Despite the facility collecting intake data, staff did not total or assess daily fluid intake, and there was no ongoing assessment for signs and symptoms of dehydration. The resident experienced significant weight loss and was hospitalized twice within a short period for conditions related to dehydration and aspiration pneumonia, both times requiring intravenous fluids. The facility's own policies required assessment and care planning for dehydration risk, including monitoring fluid intake, weighing residents weekly, and updating care plans as needed. However, the facility failed to weigh the resident upon readmission after hospitalization, did not weigh the resident weekly as ordered, and did not update or revise care plan interventions to address the ongoing risk of dehydration and weight loss. There was also a failure to timely communicate significant weight changes to the provider. Interviews with staff revealed confusion about who was responsible for totaling daily fluid intakes, and it was confirmed that no one was consistently performing this task. Documentation showed that the resident's fluid intake was regularly below the recommended amount, and there was no evidence of dehydration assessments being performed. The resident's care plan included approaches to encourage fluid intake and monitor for signs of fluid imbalance, but these interventions were not effectively implemented or updated in response to the resident's declining condition. The lack of daily monitoring and assessment contributed to the resident's repeated hospitalizations and significant weight loss.
Delay in Providing Timely Toileting Assistance
Penalty
Summary
A deficiency occurred when a resident who required extensive assistance for toileting was not provided timely care after requesting to use the bathroom. The resident, who had a history of orthopedic aftercare following surgical amputation, was non-weight bearing on the right leg, and required the use of a Hoyer lift with assistance from two staff members, asked a CNA for help to use the bathroom. The CNA informed the resident that she was on a two-hour toileting schedule and would need to wait, despite the resident not being on such a schedule according to her care plan. The resident waited approximately 1 hour and 20 minutes before being assisted to the bathroom. During this period, staff communication and follow-through were lacking. The CNA who received the request prioritized other residents and did not seek immediate assistance from other staff, even though the Director of Nursing later clarified that staff are expected to respond to such requests as soon as possible. Another CNA, who was supposed to assist, was on break and did not check in with the resident upon returning. The resident was observed participating in an activity during this time, and no staff approached her to ask if she needed to use the bathroom, despite her earlier request. The facility's policy emphasizes person-centered care and the importance of honoring resident preferences and needs, including timely assistance with toileting. The resident expressed discomfort and concern about potentially having an accident due to the delay. Interviews with staff revealed confusion about the resident's toileting schedule and a lack of clear communication regarding her care plan, which contributed to the delay in providing necessary assistance for activities of daily living.
Failure to Notify Physician of Resident's Critical Condition
Penalty
Summary
The facility failed to immediately consult with a resident's physician when the resident experienced a significant change in condition. The resident, who had a history of coronary artery disease, diabetes mellitus type 2, chronic heart failure, and other conditions, was admitted to the facility after hospitalization for acute hyperkalemia. On the day of admission, the resident's oxygen saturation fell to 71%, and their pulse dropped below 50, which required immediate notification to the physician according to the facility's policy and the INTERACT change of condition reporting tool. Despite the critical changes in the resident's condition, there was no documentation indicating that the physician was notified. The facility's policy required immediate notification of the physician in such cases, but the staff failed to follow this protocol. The resident's condition was initially addressed by administering oxygen, which temporarily improved their oxygen saturation levels. However, the lack of communication with the physician meant that the resident's overall care and potential treatment adjustments were not adequately managed. Interviews with various staff members, including the MDS nurse, LPNs, and the Regional Clinical Director, revealed inconsistencies in the communication process. The Director of Nursing claimed to have notified the physician via email, but this was not documented in the resident's medical record, and the physician did not respond until two days later. The facility's failure to document and properly communicate the resident's change of condition to the physician resulted in a deficiency in the standard of care provided to the resident.
Inadequate Supervision and Hot Food Management Leads to Resident Burns
Penalty
Summary
The facility failed to provide adequate supervision and assistance during meals, leading to a resident suffering second-degree burns from hot soup. The incident occurred when the resident, who required supervision during meals, was left unsupervised in the dining room. The soup temperature was recorded at 177 degrees Fahrenheit, significantly higher than the facility's policy of serving hot liquids at a maximum of 135 degrees Fahrenheit. This lack of supervision and failure to adhere to temperature guidelines resulted in immediate jeopardy. The resident involved had a history of cerebral infarction, aphasia, weakness, dysphagia, diabetes mellitus type 2, and hemiplegia affecting the right side. The resident's care plan indicated a need for supervision and assistance during meals, including the use of a clothing protector and lidded cups to prevent spills. Despite these documented needs, the resident was not provided with the necessary supervision or protective measures during the meal when the incident occurred. Interviews with staff revealed inconsistencies in the understanding and implementation of supervision requirements. Staff members were unclear about who was responsible for supervising residents in the dining room, and there was a lack of adherence to the facility's policy on serving temperatures. The dietary manager and staff were not adequately educated on the correct serving temperatures, and there was no consistent monitoring of food temperatures at the point of service, contributing to the incident.
Removal Plan
- All residents have been assessed and care plans have been updated to the level of supervision during meals.
- Temperatures have been taken in the kitchen every 15 minutes on the serving steam table tray line due to a need for a part replacement.
- Test trays are done at the point of service for all residents in the dining room and one on each hall tray carts to be checked prior to beginning of service to verify food temp is 135-150 degrees.
- Residents that have a risk of hot liquid injury have cups with lids that snap on and are more difficult to remove and also have staff supervision per their care plan approach as agreed upon by IDT and therapy.
- Dietary staff have had direct supervision at meals and assist taking temperatures of foods prior to service.
- Dietary staff is being educated on the correct temperatures of service of food to be between 135-150 degrees at the point of service to the residents.
- Policies have been changed to reflect this change.
- Nursing staff is being educated on the definition of supervision that is expected in the dining room with the residents that require supervision. This is being audited at every meal to monitor compliance with every meal that residents at risk are having the correct level of supervision that is required to maintain safety with hot liquids/foods.
- Maintenance checked the steam table and parts were ordered and expedited. Replaced prior to the start of service.
- Facility will continue with weekly checks of the steam table for proper function. Due to faulty parts the temps on the food in the steam table were checked every 15 minutes to maintain safe temps.
- QAPI meeting held related to PIP started in relation to the changes that need to be completed.
- Staff education started with temperature changes in the dietary dept.
- Education to nursing staff related to the definition of supervision: 1:1, direct, and direct.
- Care plans related to the level of supervision that is required for residents at risk with hot liquids updated and educated to nursing staff.
- All education is ongoing with this being completed prior to the start of the next working shift.
- Both tray audits and the supervision audits are being completed at all 3 meals 7 days per week to maintain the safe environment for the residents at meal time.
- Resident council meeting held for the update of the residents to the recent changes and the updates to dining service.
- At this time all staff that have worked in the facility have been educated to the changes in policy and the level of supervision that is to be provided in the dining room at all meals.
Inadequate Investigation of Resident Altercation
Penalty
Summary
The facility failed to ensure a thorough investigation of an incident involving potential abuse between two residents. Resident 6, who has severe cognitive impairment and a history of dementia with mood disturbances, was involved in an altercation where they hit Resident 5 on the chest. The incident was witnessed by staff, and immediate actions were taken to separate the residents and provide supervision for Resident 6. However, the facility did not conduct interviews with other residents to determine if there were additional instances of abuse, as required by their Abuse Prevention Program Policy. The facility's policy mandates that all involved persons, including potential witnesses, should be interviewed during an investigation of resident-to-resident altercations. Despite this, the Nursing Home Administrator and Assistant Director of Nursing decided not to interview other residents, considering the incident isolated to Residents 5 and 6. This decision was made after consultation with the facility's regional director, which led to a deficiency in the investigation process as it did not fully comply with the facility's established procedures for handling potential abuse cases.
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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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