CRITICAL
(K)
Immediate Jeopardy (IJ) - the most serious Medicare violation
Resident Rights
(Tag F0550)
Someone could have died · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY**
Based on observation, interview and record review, the facility failed to ensure nine out of nine (Residents 79, 40, 292, 14, 4...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY**
Based on observation, interview and record review, the facility failed to ensure nine out of nine (Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86) justice involved residents (residents currently in custody and held involuntarily through operation of law enforcement authorities in an institution, which is the responsibility of a governmental unit or over which a governmental unit exercises administrative control) residing in the facility were treated with respect and dignity and were able to exercise the same basic rights as all other residents in the facility in accordance to the facility's policy and procedure on Resident's Rights.
This failure resulted in the facility imposing conditions (practices) which included restricting indoor and outdoor visitations, receiving telephone calls, receiving mails, participating in activities of their choice, moving around within the facility, communicating with outside agencies which included the State Long-term care Ombudsman (OMB; an individual who advocates for long-term care facility residents, defends their rights, and ensures they are protected from verbal abuse, neglect, and assault) and Department of Public Health (DPH) State Surveyors, which violated the resident's rights of Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86. All decisions were made by the Federal Law Enforcement and Private Security Officers who were present with each justice involved resident.
These deficient practices had the potential to affect Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86's dignity and self-worth that could lead to severe negative psychosocial outcome such as fear, depression, agitation, isolation, suicidal ideation, and suicide.
On 10/19/22 at 12:25 PM, during the facility's annual recertification survey, the Department of Public Health (DPH) called an Immediate Jeopardy (IJ-a situation in which the facility's noncompliance with one or more requirements of participation has caused, or is likely to cause, serious injury, harm, impairment, or death to a resident), in the presence of the Administrator (ADM) and Director of Nurses (DON), in regard to the nine justice involved residents residing in the facility that were unable to exercise the same basic rights as all other residents in the facility. The facility was found to imposed conditions on the nine justice involved residents which resulted in restricting and violating the rights of the nine justice involved residents that included communicating with and access to persons inside and outside the facility, that includes visitation, without interference, discrimination, and fear of reprisal.
On 10/20/22 at 6:10 PM, the DPH removed the IJ while onsite after the surveyor verified the facility implemented the IJ Removal Plan (a detailed plan to address the IJ findings) given by the ADM which included:
1. On 10/19/22, the DON and Social Services Director (SSD) interviewed the nine justice involved residents regarding their care, how staff treats them, and if they have experienced any adverse psychosocial effect as a result.
2. On 10/19/22, the DON notified the attending physician of all nine justice involved residents and the attending physician ordered for all nine justice involved residents to be transferred to the acute hospital because the facility cannot meet the residents' needs. The DON and Marketing Director (MKD) notified all justice involved residents regarding the attending physician's order for their transfer to the acute hospital due to the facility's inability to meet residents' needs, particularly the nine residents being able to exercise the same rights as all other residents in the facility which involves communicating with and access to persons inside and outside the facility, that includes visitation, sending and receiving mail, receiving, and making telephone calls, without interference, discrimination, and fear of reprisal.
3. All nine justice involved residents signed the Notice of Proposed Transfer and Discharge. The attending physician from the acute hospital, which the nine residents were transferred to, coordinated with the DON and MKD regarding the transfer. The MKD will coordinate with all nine justice involved residents' responsible parties to ensure proper placement.
4. On 10/20/22, the DON followed up with the nine Justice Involved Resident's attending physician at the acute hospital and physician informed that all nine Justice involved Residents are stable and doing well. All nine justice involved residents are still in the acute hospital. The responsible party of all nine justice involved residents are still working on proper placement with facilities that they work with.
5. On 10/19/22, the ADM was provided in-service education and training from the [NAME] President of Operations (VPO) regarding the facility's policy and procedure regarding, but not limited to, Resident's Rights.
Findings:
A review of a formal referral letter from the long-term care ombudsman dated 10/14/22, indicated the OMB was at the facility on 10/11/22. The letter indicated the OMB was not allowed to see or interview the nine justice involved residents in their rooms. The letter indicated that the DON stated the facility had been instructed to follow a different set of rules and were told that the justice involved residents did not have the same rights as all other residents in the facility. The letter indicated that on 10/12/22, the OMB spoke to the Federal Law Enforcement (Justice Department agency charged with carrying out all law enforcement activities relating to the federal justice system) Supervisor and explained to the OMB that the justice involved residents were supervised by the Federal Law Enforcement while in the facility. The letter indicated that the Federal Law Enforcement Supervisor informed the OMB that the justice involved residents residing in the facility have all the rights to keep them alive. The letter indicated the justice involved residents were not allowed to have phone calls, outside snacks, were not allowed to walk around the facility and have visitors without the Federal Law Enforcement Supervisor permission. The letter indicated that on 10/12/22, the facility's administrator shared with the OMB that the facility was following a separate protocol (policy) for the justice involved residents according to the facility's corporate guidance and the Federal Law Enforcement Agency.
A review of a Memorandum (a short note designating something to be remembered, especially something to be done or acted upon in the future) addressed to the facility and MKD, titled Policy and Procedures for Inmates in Nursing Home Facilities, dated 8/20/2021, signed by the Federal Law Enforcement Deputy and written in the Federal Law Enforcement letterhead indicated the following information:
- Clients (Inmates [residents of the facility]) who are residing in a nursing home facility are not allowed any outside food, clothing or any other item that is not medically necessary unless it is pre-approved by (Federal Law Enforcement Agency).
- Every client (inmate) that resides in a nursing home facility will be always accompanied by security staff (24 hours).
- Clients (inmates) are allowed phone calls only when pre-approved by (Federal Law Enforcement Agency). Calls will be initiated and monitored by security staff onsite.
- Clients (inmates) are not allowed to have family visitations or phone calls. If unannounced visitor arrives, notify (Federal Law Enforcement Agency) immediately.
- For a client (inmate) to participate in an extra activity, it must be pre-approved by the (Federal Law Enforcement Agency). Clients will not be able to participate in any activity which involved non-custodial (a person found guilty of a crime or offense and punishment does not involve going to prison) members of the Skilled Nursing Facility.
On 10/18/22 at 8:32 AM, during the initial tour of the facility, concurrent interview and review of the facility's residents census dated 10/17/22 with the DON, the DON stated the facility had 92 residents residing in the facility. The DON stated Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86 were under a fictitious (not real or true) name to protect the resident's identity and for confidentiality. The DON stated Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86 admitted in the facility were all justice involved residents.
On 10/18/2022 at 9:26 AM, Private Security Officer (PSO) 2 stated that two PSOs were assigned to supervise each of the nine justice involved residents in the facility. PSO 2 stated there were three working shifts per day, 8 hours per shift. PSO 2 stated Justice Involved Residents needs 24-hour supervision, to keep an eye on Justice Involved Residents daily activities. PSO 2 stated the justice involved residents were not allowed to receive any visitors and mails, no telephone calls, and they were not allowed to eat in the facility's dining room. PSO 2 stated the justice involved residents can only eat inside their own rooms.
During an interview on 10/18/22 at 9:35 AM, Licensed Vocational Nurse (LVN) 1 stated the Department of Public Health (DPH) surveyors were not allowed to go inside all justice involved residents' rooms due to Federal Law Enforcement policy. LVN 1 stated the DPH surveyors were not also allowed to check the justice involved resident electronic chart including the justice involved resident's name. LVN 1 stated all justice involved residents were on physical restraints, eat inside their rooms, not allowed to have visitors, receive mails and telephone calls. LVN 1 stated charge nurses give Justice Involved Residents medication but anything else, Justice Involved Residents need to talk and/or ask US Marshals
On 10/18/2022 at 12:16 PM, the DON stated the DPH state surveyors were not allowed to access all justice involved residents' paper resident's records and physical charts without the Federal Law Enforcement Agency Supervisor's approval.
During an interview on 10/18/22 at 2:42 PM, the Business Office Manager (BOM) stated all justice involved residents were not allowed to receive mails. BOM stated if she would receive the resident's mails, the BOM would notify the DON and ADM first, then give the mails to the PSOs. The BOM stated she does not go inside the justice involved residents' rooms, and when these residents need anything, they must talk to the PSOs.
During an interview on 10/18/22 at 2:47 PM, the DON stated the DPH surveyors and ombudsman, including the justice involved resident's attorneys were not allowed to go inside the justice involved residents' room without Federal Law Enforcement Supervisor's permission.
During the same interview, the DON stated the justice involved residents were not allowed to receive mails from the facility staff. The DON stated if the facility receives mails, the DON will give it to the Federal law Enforcement Supervisor who comes once a week (Thursdays). The DON stated if the facility receives the mail other than Thursday, the justice involved residents would need to wait until the next Thursday. The DON stated that PSOs were private security personnel, contracted by Federal Law Enforcement Agency. The DON stated the justice involved residents were not allowed to go to the facility's common areas and join other residents for safety reasons. The DON stated justice involved residents were only allowed to eat inside their rooms using only disposable spoons and containers.
1. A review of Resident 86's Face Sheet indicated an admission to the facility on 9/17/22 with diagnoses including suicidal ideations (thinking about or planning suicide), muscle weakness and traumatic subcutaneous (applied under the skin), emphysema (a condition in which air becomes trapped under the subcutaneous layer of the skin). The Face Sheet did not indicate a responsible party for Resident 86.
A review of Resident 86's H&P dated 9/20/22 indicated the resident had the capacity to understand and make decisions.
A review of Resident 86's MDS dated [DATE] indicated Resident 86 required limited assistance with transfers, toilet use and required total dependence (full staff performance every time during entire 7-day period) with dressing, required limited assistance with transfer and toilet use. The MDS indicated Resident 86 required supervision with bed mobility, eating and personal hygiene.
A review of Resident 86's Resident Transfer Record dated 10/19/22 indicated Resident 86 as the Responsible Party ([RP]decision maker).
During an observation outside Resident 86's room and interview with PSO 1 on 10/18/22 at 9:20 AM, PSO 1 stated the DPH surveyors were not allowed to go inside Resident 86's room without permission coming from Federal Law Enforcement Supervisor. PSO 1 stated justice involved residents were federal inmates and under the custody and property of the Federal Law Enforcement Agency. PSO 1 stated they were working as a private security contracted with Federal Law Enforcement Agency and need to stay with the justice involved residents at all times.
2. A review of Resident 87's Face Sheet indicated an admission to the facility on 9/27/22 with diagnoses including anemia (a condition in which the body does not have enough healthy red blood cells that provide oxygen to body tissues), emphysema (a condition in which the air sacs of the lungs are damaged and enlarged, causing breathlessness), secondary malignant neoplasm of bone (cancer [a disease in which abnormal cells divide uncontrollably and destroy body tissue] started in another part of the body but spread to the bone). The Face Sheet did not indicate a responsible party for Resident 87.
A review of Resident 87's undated H&P indicated the resident had the capacity to understand and make decisions.
A review of Resident 87's MDS dated [DATE] indicated Resident 87 required limited assistance (resident highly involved in activity; staff provide guided maneuvering of limbs or other non-weight bearing assistance) with bed mobility, transfer, toilet use, personal hygiene and required supervision with dressing and eating.
A review of Resident 87's Resident Transfer Record dated 10/19/22 indicated Resident 87 as the RP.
On 10/18/22 at 9:26 AM, during an observation inside Resident 87's room and interview with PSO 2 in the presence of PSO 3 and Resident 87, PSO 2 stated that Resident 87's contact with the public was very limited. PSO 2 stated Resident 87 does everything inside Resident 87's room. PSO 2 stated Resident 87 was only allowed to go outside Resident 87's room during rehabilitation therapy. PSO 2 stated Resident 87 was handcuffed and shackled with steel iron chain connected to Resident 87's bed and the only time PSOs would disconnect the chain is when Resident 87 go to the bathroom, shower and during therapy.
During an interview on 10/18/22 at 9:29 AM, Resident 87 stated he was not allowed to receive any visitors and mails. Resident 87 stated that telephone calls were not allowed. Resident 87 stated he was not allowed to go outside except during therapy and shower.
3. A review of Resident 79's Face Sheet (admission record) the resident was admitted to the facility on [DATE] with diagnoses including insomnia (persistent problems falling and staying asleep) and personal history of COVID-19 ([Coronavirus] a disease that can triggers a respiratory [lung] tract infection affecting the upper respiratory tract [sinuses, nose, and throat] and/or lower respiratory tract [windpipe and lungs] the virus spreads mainly through person-to-person contact). The Face Sheet did not indicate a responsible party for Resident 79.
A review of Resident 79's History and Physical (H&P) dated 6/15/22 indicated the resident had the capacity to understand and make decisions.
A review of Resident 79's Minimum Data Set (MDS- a care area screening and assessment tool) dated 9/16/22 indicated Resident 79 required supervision (oversight, encouragement or cueing) during bed mobility, transfer, dressing, eating, toilet use and personal hygiene.
A review of Resident 79's care plan for psychosocial dated 6/14/22 indicated Resident 79 had alterations in psychosocial functions as manifested by changes in roles/status/relocation and feeling of isolation from family and community friends with an intervention to encourage loved ones to visit/telephone/write if possible and to encourage to participate, attend activities of choice There was no documented evidence from the resident's records that from 6/14/22 to 10/19/22 indicating interventions were implemented in accordance with Resident 79's care plan such as encouraging loved ones to visit/telephone/write and encouraging Resident 79 to participate, attend activities of choice.
A review of Resident 79's Resident Transfer Record dated 10/19/22 indicated Resident 79 as the RP.
4. A review of Resident 40's Face Sheet indicated the resident was admitted to the facility on [DATE] with diagnoses including Type 2 diabetes mellitus (chronic condition that affects the way the body processes blood sugar), chronic kidney disease (gradual loss of kidney function) and epilepsy (a disorder of the brain; disorder in which the brain activity becomes abnormal, causing seizures [sudden, uncontrolled electrical disturbance in the brain] or periods of unusual behavior, sensations and sometimes loss of awareness). The Face Sheet did not indicate a responsible party for Resident 40.
A review of Resident 40's H&P dated 8/31/22 indicated the resident had the capacity to understand and make decisions.
A review of Resident 40's MDS dated [DATE] indicated Resident 40 required limited assistance (resident highly involved in activity; staff provide guided maneuvering of limbs or other non-weight bearing assistance) with bed mobility, transfer, dressing, toilet use, personal hygiene and required supervision during eating.
A review of Resident 40's care plan for Activities of Daily Living (ADL) dated 8/1/22 indicated Resident 40 had self-care deficits related to unsteady gait and weakness with an intervention to maintain Resident 40's privacy and respect their rights.
A review of Resident 40's Resident Transfer Record dated 10/19/22 indicated Resident 40 as the RP.
5. A review of Resident 292's Face Sheet indicated the resident was admitted to the facility on [DATE] with diagnoses including Parkinson's disease (a brain disorder that causes unintended or uncontrollable movements such as shaking, stiffness, and difficulty with balance and coordination), essential hypertension (high blood pressure that does not have a known secondary cause) and anxiety (a mental health disorder characterized by feelings of worry, anxiety, or fear that are strong enough to interfere with one's daily activities) disorder. The Face Sheet did not indicate a responsible party for Resident 292.
A review of Resident 292's H&P dated 10/13/22 indicated the resident had the capacity to understand and make decisions.
6. A review of Resident 14's Face Sheet indicated an admission to the facility on 7/15/22 with diagnoses including essential hypertension, spinal stenosis (occurs when one or more bony openings within the spine begin to narrow and reduce space for the nerves) and depression (mental health disorder characterized by persistently depressed mood or loss of interest in activities, causing significant impairment in daily life). The Face Sheet did not indicate a responsible party for Resident 14.
A review of Resident 14's H&P dated 8/31/22 indicated the resident has the capacity to understand and make decisions.
A review of Resident 14's MDS dated [DATE] indicated Resident 14 required extensive assistance (resident involved in activity, staff provide weight-bearing support) with bed mobility, transfer, dressing, toilet use, personal hygiene and required supervision during eating.
A review of Resident 14's care plan for depression dated 8/20/22 indicated Resident 14 had diagnosis of depression manifested by verbalization of depression with an intervention to encourage family to visit resident frequently.
A review of Resident 14's care plan for psychosocial dated 8/20/22 indicated Resident 14 had alterations in psychosocial functions as manifested by changes in roles/status/relocation and feeling of isolation from family and community friends. The care plan interventions indicated to provide emotional support/encourage expression of feelings, redirect behavior, utilize active listening techniques, encourage to verbalize feelings and concerns. From 8/20/22 to 10/19/22 there were no documented evidence indicating interventions were implemented in accordance with the resident's care plan that indicated Resident 14's family/friends were encouraged to visit, activities of choice were offered to avoid decline in psychosocial functions.
A review of Resident 14's Resident Transfer Record dated 10/19/22 indicated Resident 292 as the RP.
7. A review of Resident 42's Face Sheet indicated the resident was admitted to the facility on [DATE] with diagnoses including anxiety disorder, chronic pain syndrome (pain that carries on for longer than 12 weeks despite medication or treatment) and malignant (destructive; cancerous) neoplasm (any growth that develops inside or on the body) of oropharynx (a disease in which malignant [cancer] cells form in the tissues of the oropharynx [middle part of the throat, behind the mouth]). The Face Sheet did not indicate a responsible party for Resident 42.
A review of Resident 42's H&P dated 5/10/22 indicated the resident had the capacity to understand and make decisions.
A review of Resident 42's MDS dated [DATE] indicated Resident 42 required supervision with bed mobility, transfer, dressing, eating, toilet use and personal hygiene.
A review of Resident 42's care plan for psychosocial dated 8/22/22 indicated Resident 42 had alterations in psychosocial functions as manifested by changes in roles/status/relocation and feeling of isolation from family and community friends. There was no care plan developed specific for the resident's diagnosis of anxiety.
A review of Resident 42's Resident Transfer Record dated 10/19/22 indicated Resident 42 as the RP.
8. A review of Resident 342's Face Sheet indicated an initial admission to the facility on [DATE] with diagnoses including post-traumatic (a mental health condition that's triggered by a terrifying event) stress disorder, borderline personality (a mental health disorder that impacts the way you think and feel about yourself and others) disorder, and bipolar (a mental condition marked by alternating periods of elation and depression) disorder. The Face Sheet did not indicate a responsible party for Resident 342.
A review of Resident 342's H&P dated 10/13/22 indicated the resident had the capacity to understand and make decisions.
A review of Resident 342's care plan for psychotropic medication dated 10/14/22 indicated Resident 342 required the use of psychoactive medication with an intervention to encourage family visits.
There was no documentation from 10/14/22 to 10/19/22 indicating interventions were implemented in accordance with Resident 342's care plan such as respecting 342's rights and encouraging family visits.
A review of Resident 342's Resident Transfer Record dated 10/19/22 indicated Resident 342 as the RP.
9. A review of Resident 76's Face Sheet indicated an initial admission to the facility on 6/29/22 with diagnoses including unspecified part of neck of femur (region just below the ball of the hip joint), phalanx (bone located between the first joint and center knuckle) of right mid finger, shaft of right tibia (middle of right big bone between knee and ankle), fracture (broken bone). The Face Sheet did not indicate a responsible party for Resident 76.
A review of Resident 76's H&P dated 10/13/22, indicated the resident had the capacity to understand and make decisions.
A review of Resident 76's MDS dated [DATE] indicated Resident 76 required supervision with bed mobility, transfer, dressing, toilet use, and personal hygiene.
A review of Resident 76's Resident Transfer Record dated 10/19/22 indicated Resident 76 as the RP.
During an interview on 10/18/22 at 9 AM, PSO 6 stated that DPH state surveyors cannot enter the justice involved resident's rooms and would not answer any more questions about the justice involved residents.
During an interview with PSO 1, on 10/18/22 at 9:20 AM, PSO 1 stated for all the other needs of the justice involved residents, the facility staff need to go through the Federal Law Enforcement Agency approval which included visitations, receiving mails, activities, and other special requests.
A review of facility's Resident Council Minutes from the month of June 2022 to October 2022 indicated there were no justice involved residents' attendees during the facility's Resident Council Meetings.
During an interview on 10/18/22 at 2:51 PM, Activities Director (AD) stated all justice involved residents were not allowed to go to the facility's Dining and Activity Room. The AD stated justice involved residents were not allowed to have visitors, receive mails and phone calls. The AD stated in the past (not able to remember when and who the resident was), one of the justice involved residents received a telephone call but the PSOs denied their right to take the phone call. The AD stated justice involved residents were not offered and allowed to join the facility's Resident Council Meeting. The AD stated she asked the Federal Law Enforcement agent what the justice involved residents can do aside from watching TV inside their rooms, and the response AD received was nothing (no other activities). The AD stated activity staff would need to obtain approval from the PSOs if the Justice Involved resident asks for basic items such as toothpaste.
During an observation on 10/18/22 between the hours of 8:23 AM to 5 PM, all justice involved residents were observed inside their rooms with their doors closed with two security personnel (Federal Law Enforcement agent or PSOs) watching and monitoring each resident. The nine justice involved residents were not observed coming outside their rooms or going inside the facility's Dining and Activity Rooms.
During an interview on 10/19/22 at 7:02 AM, Certified Nurse Assistant (CNA) 1 stated all justice involved residents were not allowed to have visitors except their attorneys. CNA 1 stated all justice involved residents eat inside their rooms and only allowed to use disposable utensils and dishware. CNA 1 stated all justice involved residents were not allowed to smoke. CNA 1 stated justice involved residents cannot have razors and clippers thus, staff need to ask permission from the PSOs before grooming the resident. CNA 1 further stated that facility staff cannot give personal items directly to the justice involved residents.
On 10/19/22 at 9:43 AM, during a concurrent interview of the ADM and review of the memorandum provided by the Federal Law Enforcement Agency to the facility titled, Policy and procedures for inmates in nursing home facilities dated 8/20/21 the ADM stated the memo from Deputy of the Federal Law Enforcement served as a resource for the facility staff. The ADM stated the facility has their own justice involved residents' policy, and whenever they develop policies, the facility needed resources. The ADM stated justice involved residents can exercise rights, but restricted and required an approval from the Deputy Representative of the Federal Law Enforcement Agency.
A review the facility's policy and procedure titled Residents Involved with the Criminal Justice System (no date), indicated the following:
- Clients (Inmates [residents of the facility]) who are residing in a nursing home facility are not allowed any outside food, clothing or any other item that is not medically necessary unless it is pre-approved by (Federal Law Enforcement Agency).
- Every client (inmate) that resides in a nursing home facility will be always accompanied by security staff (24 hours).
- Clients (inmates) are allowed phone calls only when pre-approved by (Federal Law Enforcement Agency). Calls will be initiated and monitored by security staff onsite.
- Clients (inmates) are not allowed to have family visitations or phone calls. If unannounced visitor arrives, notify (Federal Law Enforcement Agency) immediately.
- For a client (inmate) to participate in an extra activity, it must be pre-approved by the (Federal Law Enforcement Agency). Clients will not be able to participate in any activity which involved non-custodial (a person found guilty of a crime or offense and punishment does not involve going to prison) members of the Skilled Nursing Facility.
During an interview on 10/19/22 at 9:43 AM and concurrent interview of the facility's undated facility's policy and procedure titled Residents Involved with the Criminal Justice System, the ADM stated the undated policy was developed by the facility around September 2022 and used the Federal Law Enforcement Agency Memorandum provided by the Federal Law Enforcement Supervisor titled, Policy and procedures for inmates in nursing home facilities dated 8/20/21 as the facility's policy reference.
During an interview on 10/19/22 at 3:39 PM, the DON stated that DPH state surveyors were still not allowed to interview and review all the medical records of the nine justice involved residents per the Federal Law Enforcement Agency Supervisor's instruction.
During a conference meeting via TEAMS (allows users to communicate via text, chat, voice or video call from home or office) on 10/20/22 at 10:10 AM, attended by Los Angeles County Department of Public Health (LAC-DPH) Health Facilities Investigation Division (HFID) supervision team, the facility's ADM, DON, VPO, Quality Assurance Consultant (QA Consultant) and MKD. The VPO stated the DPH state surveyors were not allowed to access the justice involved resident's medical records since the residents were discharged from the facility on 10/19/22 and will not be coming back. The VPO stated the facility was trying to discuss with the Federal Law Enforcement Supervisor to allow the DPH state surveyors to continue to review and release the medical records of the nine justice involved residents with the Federal Law Enforcement Agency Supervisor.
A review of another policy and procedure for justice involved residents provided by the facility titled Residents Involved with the Criminal Justice System, revised in March 2019 indicated, Residents involved in the justice system are entitled to the same rights as all other residents in the facility. The facility does not impose any restrictions on justice-involved residents that violate their resident rights. The P&P also indicated the following:
a. All residents, including justice-involved residents, have the right to a dignified existence, self-determination, communication and access to persons and services inside and outside the facility.
b. Justice involved residents include residents under the care of (taken into custody by) law enforcement
c. Law enforcement jurisdiction is not integrated with facility operations. This facility maintains control over the conditions under which the resident receives care.
A review of the facility's policy and procedure titled Residents Rights revised in December 2016, indicated Federal and state laws guarantee certain basic rights to all residents of this facility. These rights included the resident's right to:
a. Be treated with respect and existence.
b. Be free from corporal punishment or involuntary seclusion, and physical or chemical restraints not required to treat the resident's symptoms.
c. Communication with and access to people and services, both inside and outside the facility.
d. Exercise his or her rights as a resident of the f
CRITICAL
(K)
Immediate Jeopardy (IJ) - the most serious Medicare violation
Deficiency F0604
(Tag F0604)
Someone could have died · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview and record review, the facility failed to ensure that nine out of nine (Residents 79, 40, 292, 1...
Read full inspector narrative →
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview and record review, the facility failed to ensure that nine out of nine (Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86) justice involved residents (residents currently in custody and held involuntarily through operation of law enforcement authorities in an institution, which is the responsibility of a governmental unit or over which a governmental unit exercises administrative control) residing in the facility were free from physical restraints with a locking device (any device attached or adjacent to the body that cannot be easily removed and restricts freedom of movement) for the purpose of discipline and not required to treat the resident's medical condition. There was no physician's order, medical justification, and reevaluation for continued use of the physical restraints used on all nine residents.
These deficient practices resulted in Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86's rights being violated, held against each resident's will, and had the potential to result in serious physical injury, and psychosocial harm that may lead to hospitalization and/or death.
On 10/19/22 at 12:38 PM, during the facility's annual health recertification survey, the Department of Public Health (DPH) called an Immediate Jeopardy (IJ-a situation in which the facility's noncompliance with one or more requirements of participation has caused, or is likely to cause, serious injury, harm, impairment, or death to a resident), in regard to nine (9) justice involved residents residing in the facility that were physically restrained with a locking device as directed by a Federal Law Enforcement Agency, in the presence of the Administrator (ADM) and Director of Nursing (DON).
On 10/20/22 at 6:10 PM, the Department of Public Health removed the IJ while onsite after the surveyor verified the facility implemented the facility's IJ Removal Plan (a detailed plan to address the IJ findings) given by the ADM which included:
1. On 10/19/22, the nine Justice involved Residents were interviewed by the Director of Nursing (DON), Activity Staff, and Social Services Director (SSD) regarding their care, how staff treats them, and if they have experienced any adverse psychosocial effect as a result. Per interview with the nine residents, none were identified to be affected.
2. On 10/19/22, treatment nurses conducted body/skin assessments on all nine residents and no skin breakdown/impairment had results from the use of locking device.
3. On 10/19/22, the Administrator (ADM) was provided in-service education and training from the [NAME] President of Operations (VPO) regarding facility's policy and procedure regarding, but not limited to, Restraints.
4.On 10/19/22, all nine justice involved residents were transferred to acute hospital because the facility cannot meet the residents' needs, particularly being free from physical restraints with a locking device.
5.On 10/20/22, the DON followed up with the nine justice involved residents' attending physician at the acute hospital and physician informed that all nine residents are stable and doing well. All nine residents are still in the acute hospital. The Responsible Party (RP) of all nine residents are still working on proper placement with facilities that they work with.
Cross referenced to F550.
Findings:
A review of a formal referral letter from the long-term care ombudsman dated 10/14/22, indicated the OMB (OMB; an individual who advocates for long-term care facility residents, defends their rights, and ensures they are protected from verbal abuse, neglect, and assault) was at the facility on 10/11/22. The letter indicated the OMB was not allowed to see or interview the nine justice involved residents in their rooms. The letter indicated that the DON stated the facility had been instructed to follow a different set of rules and were told that the justice involved residents did not have the same rights as all other residents in the facility. The letter indicated that on 10/12/22, the OMB spoke to the Federal Law Enforcement Supervisor and explained to the OMB that the justice involved residents were supervised by the Federal Law Enforcement while in the facility. The letter indicated that the Federal Law Enforcement Supervisor informed the OMB that the justice involved residents residing in the facility have all the rights to keep them alive. The letter indicated the justice involved residents were not allowed to have phone calls, outside snacks, were not allowed to walk around the facility and have visitors without the Federal Law Enforcement Supervisor permission. The letter indicated that on 10/12/22, the facility's administrator shared with the OMB that the facility was following a separate protocol (policy) for the justice involved residents according to the facility's corporate guidance and the Federal Law Enforcement Agency.
A review of a Memorandum (a short note designating something to be remembered, especially something to be done or acted upon in the future) addressed to the facility and the facility's Marketing Director (MKD), titled Policy and Procedures for Inmates in Nursing Home Facilities, dated 8/20/2021, signed by the Federal Law Enforcement Deputy and written in the Federal Law Enforcement letterhead indicated, Every client (inmate) that resides in a nursing home facility will be always accompanied by security staff (24 hours).
During the facility's initial tour and observation at the facility's hallway on 10/18/22 at 8:05 AM, and a concurrent interview with Private Security Officer (PSO) 4, stated that all justice involved residents were always chained to the bed, with either handcuffs or shackle (something that confines the legs or arms; one of a pair of metal rings connected by a chain and fastened to a person's wrists or the bottoms of the legs to prevent the person from escaping), except when these residents are going for physical therapy (PT-evaluate and treat abnormal physical function related to an injury, disability, or other health condition to improve residents' range of movement, quality of life and prevent further injury or disability) or to the bathroom.
During an interview on 10/18/22 at 8:10 AM, PSO 5 stated all justice involved residents were physically restrained to their beds.
On 10/18/22 at 8:32 AM, during the initial tour of the facility, concurrent interview and review of the facility's residents census dated 10/17/22 with the DON, the DON stated the facility had 92 residents residing in the facility. The DON stated Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86 were under a fictitious (not real or true) name to protect the resident's identity and for confidentiality. The DON stated Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86 admitted in the facility were all justice involved residents.
On 10/18/2022 at 9:26 AM, PSO 2 stated that two PSOs were assigned to supervise each of the nine justice involved residents in the facility. PSO 2 stated there were three working shifts per day, 8 hours per shift. PSO 2 stated justice involved residents needs 24-hour supervision, to keep an eye on justice involved residents' daily activities. PSO 2 stated all nine justice involved residents were restrained to the bed.
On 10/18/2022 at 12:16 PM, the DON stated the DPH state surveyors were not allowed to access all justice involved residents' paper resident's records and physical charts without the Federal Law Enforcement Agency Supervisor's approval.
1. During an observation on 10/18/22 at 8:35 AM, Resident 86's room door was open, and Resident 86 was visible from outside the residents' room. Resident 86 was observed with a right-handcuff restraint attached to the bed.
During an interview on 10/18/22 at 9:20 AM, while outside Resident 86's room, PSO 1 stated all justice involved residents walk around in the facility accompanied by two PSOs when they go to physical therapy. PSO 1 stated all justice involved residents were restrained to their bed with hand cuffs two metal rings, joined by a short chain, that are locked around wrist(s) to prevent free movement. PSO 1 stated every justice involved residents were different when it comes to the number of hand cuffs is applied. PSO 1 stated he was not allowed to tell the DPH state surveyors on how many handcuffs Resident 86 had.
A review of Resident 86's Face Sheet (admission record) indicated the resident was admitted to the facility on [DATE] with diagnoses including suicidal ideations (thinking about or planning suicide), muscle weakness and traumatic subcutaneous (applied under the skin), emphysema (a condition in which air becomes trapped under the subcutaneous layer of the skin).
A review of Resident 86's History and Physical (H&P) dated 9/20/22 indicated the resident had the capacity to understand and make decisions.
A review of Resident 86's Minimum Data Set (MDS- a care area screening and assessment tool) dated 9/21/22 indicated Resident 86 required limited assistance with transfers, toilet use and required total dependence (full staff performance every time during entire 7-day period) with dressing, required limited assistance with transfer and toilet use. The MDS indicated Resident 86 required supervision with bed mobility, eating and personal hygiene.
A review of Resident 86's Physician's Orders for the month of October 2022, indicated there were no physician orders for the use of physical restraints while in the facility.
A review of Resident 86's care plan for restraints dated 10/14/22 indicated Resident 86 was at risk for injury and needs physical restraint due to the [Federal Law Enforcement Agency] policy with the following interventions: 1. Apply restraint per [Federal Law Enforcement Agency] policy, 2. [NAME] per [Federal Law Enforcement Agency] policy and 3. Hand cuffs per [Federal Law Enforcement Agency] policy.
On 10/18/22 at 12:33 PM, during a concurrent interview and record review of Resident 86's medical records (nurses notes, care plans, progress notes, medication administration records), the DON stated there were no documented evidence of ongoing monitoring and reevaluation for the continued use of restraints for Resident 86.
2. A review of Resident 79's Face Sheet indicated the resident was admitted to the facility on [DATE] with diagnoses including insomnia (persistent problems falling and staying asleep) and personal history of COVID-19 ([Coronavirus] a disease that can triggers a respiratory [lung] tract infection affecting the upper respiratory tract [sinuses, nose, and throat] and/or lower respiratory tract [windpipe and lungs] the virus spreads mainly through person-to-person contact).
A review of Resident 79's History and Physical (H&P) dated 6/15/22 indicated the resident had the capacity to understand and make decisions.
A review of Resident 79's MDS dated [DATE] indicated Resident 79 required supervision (oversight, encouragement, or cueing) during bed mobility, transfer, dressing, eating, toilet use and personal hygiene.
A review of Resident 79's Physician's Orders for the month of October 2022, indicated there were no physician orders for the use of physical restraints while in the facility.
A review of Resident 79's care plan for restraints dated 10/14/22 indicated Resident 79 was at risk for injury and needs physical restraint due to [Federal Law Enforcement Agency] policy with the following interventions: 1. Apply restraint per [Federal Law Enforcement Agency] policy, 2. [NAME] per [Federal Law Enforcement Agency] policy and 3. Hand cuffs per [Federal Law Enforcement Agency] policy.
On 10/18/22 at 12:33 PM, during a concurrent interview and record review of Resident 79's medical records (nurses notes, care plans, progress notes, medication administration records), the DON stated there were no documented evidence of ongoing monitoring and reevaluation for the continued use of restraints for Resident 79.
3. A review of Resident 87's Face Sheet indicated an admission to the facility on 9/27/22 with diagnoses including anemia (a condition in which the body does not have enough healthy red blood cells that provide oxygen to body tissues), emphysema (a condition in which the air sacs of the lungs are damaged and enlarged, causing breathlessness), secondary malignant neoplasm of bone (cancer [a disease in which abnormal cells divide uncontrollably and destroy body tissue] started in another part of the body but spread to the bone)
A review of Resident 87's undated H&P indicated the resident had the capacity to understand and make decisions.
A review of Resident 87's MDS dated [DATE] indicated Resident 42 required limited assistance (resident highly involved in activity; staff provide guided maneuvering of limbs or other non-weight bearing assistance) with bed mobility, transfer, toilet use, personal hygiene and required supervision with dressing and eating.
A review of Resident 87's MDS dated [DATE] indicated Resident 42 required limited assistance (resident highly involved in activity; staff provide guided maneuvering of limbs or other non-weight bearing assistance) with bed mobility, transfer, toilet use, personal hygiene and required supervision with dressing and eating.
A review of Resident 87's Physician's Orders for the month of October 2022, indicated there were no physician orders for the use of physical restraints while in the facility.
A review of Resident 87's care plan for restraints dated 10/14/22 indicated Resident 87 was at risk for injury and needs physical restraint due to [Federal Law Enforcement Agency] policy with the following interventions: 1. Apply restraint per [Federal Law Enforcement Agency] policy, 2. [NAME] per [Federal Law Enforcement Agency] policy and 3. Hand cuffs per [Federal Law Enforcement Agency] policy.
On 10/18/22 at 9:26 AM, during a concurrent observation and interview with PSO 2, in the presence of PSO 3, Resident 87 was lying on his bed with a metal locking leg cuffs applied to both legs and secured to the foot part of the bed. PSO 2 stated Resident 87 was restrained on both legs with steel iron chain that is secured to the bed. PSO 2 stated justice involved residents wears handcuffs but since Resident 87 was very fragile, they do not apply it to Resident 87 all the time. PSO 2 stated they would remove both physical restraints to both legs during Resident 87's shower, toileting, and physical therapy.
On 10/18/22 at 12:33 PM, during a concurrent interview and record review of Resident 87's medical records (nurses notes, care plans, progress notes, medication administration records), the DON stated there were no documented evidence of ongoing monitoring and reevaluation for the continued use of restraints for Resident 87.
4. A review of Resident 40's Face Sheet indicated an admission to the facility on 7/29/22 with diagnoses including Type 2 diabetes mellitus (chronic condition that affects the way the body processes blood sugar), chronic kidney disease (gradual loss of kidney function) and epilepsy (a disorder of the brain; disorder in which the brain activity becomes abnormal, causing seizures [sudden, uncontrolled electrical disturbance in the brain] or periods of unusual behavior, sensations and sometimes loss of awareness).
A review of Resident 40's H&P dated 8/31/22 indicated the resident had the capacity to understand and make decisions.
A review of Resident 40's MDS dated [DATE] indicated Resident 40 required limited assistance with bed mobility, transfer, dressing, toilet use, personal hygiene and required supervision during eating.
A review of Resident 40's Physician's Orders for the month of October 2022, indicated there were no physician orders for the use of physical restraints while in the facility.
A review of Resident 40's care plan for physical device dated 8/1/22 indicated Resident 40 has handcuffs when in bed and out of bed with an intervention to review need for device. restraint possible discontinuation, reduction, less restrictive measures, or continuation of use regularly.
A review of Resident 40's care plan for restraints dated 10/14/22 indicated Resident 40 was at risk for injury and needs physical restraint due to [Federal Law Enforcement Agency] policy with the following interventions: 1. Apply restraint per [Federal Law Enforcement Agency] policy, 2. [NAME] per [Federal Law Enforcement Agency] and 3. Hand cuffs per [Federal Law Enforcement Agency] policy.
On 10/18/22 at 12:33 PM, during a concurrent interview and record review of Resident 40's medical records (nurses notes, care plans, progress notes, medication administration records), the DON stated there were no documented evidence of ongoing monitoring and reevaluation for the continued use of restraints for Resident 40.
5. A review of Resident 292's Face Sheet indicated an admission to the facility on [DATE] with diagnoses including Parkinson's disease (a brain disorder that causes unintended or uncontrollable movements such as shaking, stiffness, and difficulty with balance and coordination), essential hypertension (high blood pressure that does not have a known secondary cause) and anxiety disorder (a mental health disorder characterized by feelings of worry, anxiety, or fear that are strong enough to interfere with one's daily activities).
A review of Resident 292's H&P dated 10/13/22 indicated the resident had the capacity to understand and make decisions
A review of Resident 292's Physician's Orders for the month of October 2022, indicated there were no physician orders for the use of physical restraints while in the facility.
A review of Resident 292's care plan for restraints dated 10/14/22 indicated Resident 292 was at risk for injury and needs physical restraint due to [Federal Law Enforcement Agency] policy with the following interventions: 1. Apply restraint per [Federal Law Enforcement Agency] policy, 2. [NAME] per [Federal Law Enforcement Agency] policy and 3. Hand cuffs per [Federal Law Enforcement Agency] policy.
On 10/18/22 at 12:33 PM, during a concurrent interview and record review of Resident 292's medical records (nurses notes, care plans, progress notes, medication administration records), the DON stated there were no documented evidence of ongoing monitoring and reevaluation for the continued use of restraints for Resident 292.
6. A review of Resident 14's Face Sheet indicated an admission to the facility on 7/15/22 with diagnoses including essential hypertension, spinal stenosis (occurs when one or more bony openings within the spine begin to narrow and reduce space for the nerves) and depression (mental health disorder characterized by persistently depressed mood or loss of interest in activities, causing significant impairment in daily life.)
A review of Resident 14's H&P dated 8/31/22 indicated the resident has the capacity to understand and make decisions.
A review of Resident 14's MDS dated [DATE] indicated Resident 40 required extensive assistance (resident involved in activity, staff provide weight-bearing support) with bed mobility, transfer, dressing, toilet use, personal hygiene and required supervision during eating.
A review of Resident 14's Physician's Orders for the month of October 2022, indicated there were no physician orders for the use of physical restraints while in the facility.
A review of Resident 14's care plan for restraints dated 10/14/22 indicated Resident 14 was at risk for injury and needs physical restraint due to [Federal Law Enforcement Agency] policy with the following interventions: 1. Apply restraint per [Federal Law Enforcement Agency] policy, 2. [NAME] per [Federal Law Enforcement Agency] policy and 3. Hand cuffs per [Federal Law Enforcement Agency] policy.
On 10/18/22 at 12:33 PM, during a concurrent interview and record review of Resident 14's medical records (nurses notes, care plans, progress notes, medication administration records), the DON stated there were no documented evidence of ongoing monitoring and reevaluation for the continued use of restraints for Resident 14.
7. A review of Resident 42's Face Sheet indicated an initial admission to the facility on 6/2/22 with diagnoses including anxiety disorder, chronic pain syndrome (pain that carries on for longer than 12 weeks despite medication or treatment) and malignant (destructive; cancerous) neoplasm (any growth that develops inside or on the body) of oropharynx (a disease in which malignant [cancer] cells form in the tissues of the oropharynx [middle part of the throat, behind the mouth]).
A review of Resident 42's H&P dated 5/10/22 indicated the resident had the capacity to understand and make decisions.
A review of Resident 42's MDS dated [DATE] indicated Resident 42 required supervision with bed mobility, transfer, dressing, eating, toilet use and personal hygiene.
A review of Resident 42's Physician's Orders for the month of October 2022, indicated there were no physician orders for the use of physical restraints while in the facility.
A review of Resident 42's care plan for restraints dated 10/14/22 indicated Resident 42 was at risk for injury and needs physical restraint due to [Federal Law Enforcement Agency] policy with the following interventions: 1. Apply restraint per [Federal Law Enforcement Agency] policy, 2. [NAME] per [Federal Law Enforcement Agency] policy and 3. Hand cuffs per [Federal Law Enforcement Agency] policy.
During an interview on 10/18/22 at 8 AM in the presence of three (3) PSOs, Resident 42 stated that his attending physician (AP) 1 ordered for Resident 42 to be chained to the bed. Resident 42 stated the reason why he was not chained to the bed that time was because he was going to an outside appointment. Resident 42 stated he was always chained on bed and the PSOs will remove it during physical therapy and bathroom breaks.
On 10/18/22 at 12:33 PM, during a concurrent interview and record review of Resident 42's medical records (nurses notes, care plans, progress notes, medication administration records), the DON stated there were no documented evidence of ongoing monitoring and reevaluation for the continued use of restraints for Resident 42.
8. A review of Resident 342's Face Sheet indicated an initial admission to the facility on [DATE] with diagnoses including post-traumatic (a mental health condition that's triggered by a terrifying event) stress disorder, borderline personality (a mental health disorder that impacts the way you think and feel about yourself and others) disorder, and bipolar (a mental condition marked by alternating periods of elation and depression) disorder.
A review of Resident 342's H&P dated 10/13/22 indicated the resident had the capacity to understand and make decisions.
A review of Resident 342's Physician's Orders for the month of October 2022, indicated there were no physician orders for the use of physical restraints while in the facility.
A review of Resident 342's care plan for restraints dated 10/14/22 indicated Resident 342 was at risk for injury and needs physical restraint due to [Federal Law Enforcement Agency] policy with the following interventions: 1. Apply restraint per [Federal Law Enforcement Agency] policy, 2. [NAME] per [Federal Law Enforcement Agency] policy and 3. Hand cuffs per [Federal Law Enforcement Agency] policy.
A review of Resident 342's care plan for psychotropic medication dated 10/14/22 indicated Resident 342 requires the use of psychoactive medication with an intervention to encourage family visits.
On 10/18/22 at 12:33 PM, during a concurrent interview and record review of Resident 342's medical records (nurses notes, care plans, progress notes, medication administration records), the DON stated there were no documented evidence of ongoing monitoring and reevaluation for the continued use of restraints for Resident 342.
9. A review of Resident 76's Face Sheet indicated an initial admission to the facility on 6/29/22 with diagnoses including unspecified part of neck of femur (region just below the ball of the hip joint), phalanx (bone located between the first joint and center knuckle) of right mid finger, shaft of right tibia (middle of right big bone between knee and ankle), fracture (broken bone).
A review of Resident 76's H&P dated 10/13/22, indicated the resident had the capacity to understand and make decisions.
A review of Resident 76's MDS dated [DATE] indicated Resident 76 required supervision with bed mobility, transfer, dressing, toilet use, and personal hygiene.
A review of Resident 76's Physician's Orders for the month of October 2022, indicated there were no physician orders for the use of physical restraints while in the facility.
A review of Resident 76's care plan for restraints dated 10/14/22 indicated Resident 76 was at risk for injury and needs physical restraint due to [Federal Law Enforcement Agency] policy with the following interventions: 1. Apply restraint per [Federal Law Enforcement Agency] policy, 2. [NAME] per [Federal Law Enforcement Agency] policy and 3. Hand cuffs per [Federal Law Enforcement Agency] policy.
On 10/18/22 at 12:33 PM, during a concurrent interview and record review of Resident 76's medical records (nurses notes, care plans, progress notes, medication administration records), the DON stated there were no documented evidence of ongoing monitoring and reevaluation for the continued use of restraints for Resident 76.
During an interview on 10/18/22 at 9:35 AM, Licensed Vocational Nurse (LVN) 1 stated the DPH surveyors were not allowed to go inside all justice involved residents' rooms due to Federal Law Enforcement policy. LVN 1 stated all justice involved residents were on physical restraints, eat inside their rooms, not allowed to have visitors .
During an interview on 10/18/22 at 9:35 AM, LVN 2 stated justice involved residents were all restrained with physical restraints. LVN 2 stated all justice involved residents need to be always restrained for the safety of other residents and facility staff. LVN 2 stated there were no clinical indication for the use of the physical restraints on the nine justice involved residents.
On 10/18/22 at 12:16 PM, during a concurrent interview with the DON and record review of all justice involved residents' electronic medical records, the DON stated handcuffs, leg cuffs, and shackles were considered as physical restraints. The DON stated that application of physical restraints to all residents needs a physician's order. The DON stated she could not find physician orders for physical restraints use for all the nine justice involved residents' electronic medical records.
During the same interview on 10/18/22 at 12:16 PM, the DON stated that physical restraints were applied to all justice involved residents, some in the arms, some in the legs. The DON stated the PSOs would rotate the sites of the physical restraints. The DON stated the physical restraints were chains, approximately two feet long attached to the resident's bed. The DON stated the restraints would be removed when justice involved residents would go to the bathroom. The DON stated that PSOs who were under contract with the Federal Law Enforcement Agency were the only persons that had access to remove the resident's physical restraints. The DON stated no one from the facility staff had access/and or keys to all the justice involved residents locked physical restraints. The DON stated all justice involved residents need physical restraints because They are inmates, they might run and do something, they are criminals. The DON stated upon review of the resident's records, there were no clinical indication for the use of physical restraints to all the justice involved residents.
During a concurrent interview with the DON and record review of all nine-justice involved resident's physician orders, care plans, and MDS on 10/18/22 at 12:33 PM, the DON stated that physician orders, care plans and the MDS coding for physical restraints were only initiated and documented on 10/14/22 in the resident's paper medical records, which were a few days before the DPH state surveyors arrived in the facility on 10/18/22.
During the same interview on 10/18/22 at 12:33 PM, the DON stated the facility did not consider the handcuffs, leg cuffs, and shackles as physical restraints upon admission of the justice involved residents in the facility. The DON stated the facility recently discussed that the facility would consider the handcuffs, leg cuffs, and shackles as physical restraints moving forward. The DON stated the physician's orders for physical restraints should be indicated and reflect in the electronic medical records of all the justice involved residents.
During an interview on 10/19/22 at 7:02 AM, Certified Nurse Assistant (CNA) 1 stated facility staff do not have access or keys to all justice involved resident's locked physical restraints. CNA 1 stated the handcuffs' chain were long and all the justice involved residents can move around their beds, CNA 1 stated the PSOs removes the physical restraints during showers.
During an interview on 10/19/22 at 7:11 AM, CNA 2 stated all justice involved residents have metal handcuffs and leg cuffs applied to them and attached to their beds. CNA 2 stated those physical devices were not considered as physical restraints since the residents could still move. CNA 2 stated the facility staff does not have keys to the locked physical restraints. CNA 2 stated justice involved residents wears the hand cuffs even when they are eating.
During an interview on 10/19/22 at 7:22 AM, Treatment Nurse (TXN) 1 stated facility staff do not have keys to all justice involved residents including treatment and/or wound nurses. TXN 1 stated Resident 86 was handcuffed and shackled. TXN 1 stated Resident 87 was handcuffed. TXN 1 stated she does not see all justice involved residents regularly if there are no wound/skin issues. TXN 1 stated We do not do such thing and most justice involved residents were alert and able to verbally report to the staff if they have skin problems and issues caused by physical restraints. TXN 1 stated there were no order for regular skin monitoring or evaluation of skin breakdown for use of physical restraints. TXN 1 stated she could not find documented evidence of skin monitoring for physical restraints use in the Treatment Administration Records (TAR) for the nine justice involved residents.
A review of an undated policy and procedure titled Residents Involved with the Criminal Justice System that was provided by the ADM, indicated All residents, including justice-involved residents, have the right to dignified existence, self-determination, and will be provided provisions that are clinically necessary. The policy indicated that Law enforcement jurisdiction and facility operations maintain control over the conditions under which the resident receives care. The policy indicated that If a justice-involved individual is admitted , the following measures are taken:
a.Reviewing the medical records and other pertinent documentation from correctional providers.
b.Conducting a comprehensive assessment and resident centered care plan by the interdisciplinary team.
c.Ensuring that the safety, rights, and quality of care are maintained for all residents and staff.
The policy did not indicate the use of physical restraints such as handcuffs and shackles.
On 10/19/22 at 9:43 AM, during a concurrent interview and record review of the facility's undated policy and procedure titled Residents Involved with the Criminal Justice System the ADM stated physical restraints were not mentioned in the facility's policy and procedure.
A review of facility's policy and procedure titled Use of Restraints revised in April 2017, indicated Restraints shall only be used for the safety and well-being of the resident(s) and only after other alternatives have been tried unsuccessfully. Restraints should only be used to treat the resident's medic[TRUNCATED]
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0567
(Tag F0567)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the facility failed to provide access to personal funds over the weekend for one out of 45...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the facility failed to provide access to personal funds over the weekend for one out of 45 sampled residents (Resident 6) in accordance with facility's policy and procedure.
This deficient practice has the potential to negatively impact the psychosocial well being of the residents.
Findings:
During an interview on 10/21/22 at 11:52 AM, the Business Office Manager (BOM) stated the residents can access their money only on weekdays.
During an interview on 10/21/22 at 12:15 PM, the Director of Nursing (DON) stated she informed the licensed nurses to anticipate how much money the residents financial need for the weekend and provide them to the BOM by Friday. The DON also stated the BOM was supposed to give the money to each resident from their personal funds according to the list provided by licensed nurses with anticipated need for that coming weekend.
During an interview on 10/21/22 at 12:20 PM, the DON stated the facility did not have a policy that indicated residents must have access to their personal funds including the weekend. The DON stated, it was important for the residents to have access with their personal funds including weekends because it was theirs and to meet their needs if they needed to purchase something over the weekend. The DON further stated it should be added into their policy.
During an interview on 10/21/22 at 1:16 PM, the administrator (ADM) stated personal funds were not available on the weekend because business office was closed.
During an interview on 10/21/22 at 1:28 PM, the Director of Staff Development (DSD) stated there was no way the residents can access money over the weekend. DSD also stated, the residents will have to wait until Monday or the next business day.
During an interview on 10/21/22 at 1:32 PM, LVN 8 stated the residents goes to the SSD office before Friday to get money if they needed them over the weekend.
A review of Resident 6's admission Record indicated Resident 6 was admitted on [DATE] for hypertensive heart disease with heart failure (a long-term condition that develops over many years in people who have high blood pressure resulting in their hearts inability to pump enough blood for the body's needs).
A review of Resident 6's History and Physical (a shorthand for the formal document that physicians produce through interview with the resident, physical examination and the summary of testing either obtained or pending) dated 04/14/22, indicated the resident has fluctuating capacity to understand and make decisions.
A review of Resident 6's Minimum Data Set (MDS, a standardized assessment and care screening tool), dated 7/20/22, indicated Resident has severe impairment in cognitive skills (ability to make daily decisions) and required limited assistance with activities of daily living.
During an observation and interview on 10/21/22 at 1:52 PM, Resident 6 shook his head and stated he was not able to get money from his account (personal funds kept by the facility) during the weekends when he needed to purchase something. Resident 6 stated he felt horrible then stepped away refusing to talk about it further.
A review of the following facility's policy and procedure did not indicate residents have ready access to their personal funds managed by the facility including the weekend titled:
1)
Accounting and Records of Residents Funds revised in April 2017
2)
Resident Trust Account Policy dated 11/01/17
3)
Residents Rights revised in December 2016
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Grievances
(Tag F0585)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the facility failed to support the rights of one of one sampled resident (Resident 42) to ...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the facility failed to support the rights of one of one sampled resident (Resident 42) to file a complaint against his doctor.
This deficient practice had the potential for the resident to not feel heard and for his needs not to be met.
Cross reference with F745.
Findings:
A review of Resident 42's Face Sheet (a record of admission), indicated the resident was admitted to the facility on [DATE] and was re-admitted on [DATE] with diagnoses that included malignant (cancerous, in which abnormal cells divide uncontrollably and destroy body tissue) neoplasm (a new and abnormal growth of tissue in some part of the body) of oropharynx (the middle part of the throat), hyperlipidemia (a condition in which there are high levels of fat particles [lipids] in the blood), and anxiety disorder (a mental health disorder characterized by feelings of worry or fear that are strong enough to interfere with one's daily activities).
A review of Resident 42's Minimum Data Set (MDS, a standardized assessment and care-screening tool), dated 8/12/22, indicated the resident had no impairment in cognitive skills (ability to understand and make decision) and required supervision from staff for transferring, dressing, eating, and toileting.
During an interview, on 10/19/22 at 8:00 AM, Resident 42 stated he had been trying to file a complaint against his Attending Physician (AP) 1 because he had only seen AP 1 once since being admitted to the facility. Resident 42 stated, staff (unknown) told him they did not know how he can file a complaint against AP 1.
During an interview, on 10/20/22 at 11:55 PM, Marketing Director (MKD) stated, she was never made aware that Resident 42 had complaints about AP 1. MKD stated, she would have filed a grievance (a complaint, either written or oral, expressing dissatisfaction with the services provided) for Resident 42 if she had been aware of his complaints against AP 1.
During an interview, on 10/20/22 at 12:05 PM, Social Services Designee (SSD) stated, Resident 42 complained to her many times that he wanted to see AP 1. SSD stated, she did not file a grievance because Resident 42 was under the responsibility of the US Marshals (law enforcement agency). SSD stated, she informed Resident 42 that she would notify MKD of his concerns and that MKD was responsible to coordinate with AP 1 and the US Marshals.
A review of the facilities Grievance Binder dated from January 2022 to 10/20/22, it did not indicate grievance filed for Resident 42.
A review of the facility's policy revised December 2016, titled, Resident Rights, indicated the residents had the right to voice grievances to the facility, or other agency that hears grievances, without discrimination or reprisal and without fear of discrimination or reprisal; have the facility respond to his or her grievances.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Comprehensive Care Plan
(Tag F0656)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview and record review, the facility failed to develop a comprehensive care plan for 1 of 6 sampled r...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview and record review, the facility failed to develop a comprehensive care plan for 1 of 6 sampled residents (Residents 5) who has a diagnosis of dysphagia (difficulty swallowing), who prefers to eat lying down flat in bed.
These deficient practices had the potential for Resident 5 to not receive appropriate care and monitoring for his safety while still able to honor his preference.
Findings:
A review of Resident 5's admission Record indicated Resident 5 was admitted on [DATE] dysphagia, oropharyngeal phase (difficulty transferring food from the mouth into the pharynx and esophagus to initiate an involuntary swallowing process), and gastro-esophageal reflux disease (when stomach contents come back up into the esophagus) without esophagitis (inflammation that damages the tube running from the throat to the stomach).
A review of Resident 5's Minimum Data Set (MDS, a standardized assessment and care screening tool), dated 7/20/22, indicated Resident has moderate impairment in cognitive skills (ability to make daily decisions).
During an observation on 10/18/22 at 8:50 AM, Resident 5 was seen eating breakfast while lying flat in bed without a staff supervising.
During an interview on 10/21/22 at 8:22 AM, LVN 7 stated Resident 5 is always eating flat in bed and is more comfortable in that position.
During a concurrent interview and record review on 10/21/22 at 10:45 AM with the DON, stated the resident did not have a care plan prior to 10/18/22 on his preference eating lying down.
A review of the facility's Policy and Procedure titled Care Plans - Comprehensive, revised in September 2010, indicated that an individualized comprehensive care plan that includes measurable objectives and timetables to meet the residents medical, nursing, mental and psychological needs is developed for each resident. The policy indicated that comprehensive care plans is designed to incorporate identified problem areas and risk factors associated with the identified problem.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0676
(Tag F0676)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interviews and record reviews, the facility failed to ensure one of 6 sampled residents (Resident 5) who i...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interviews and record reviews, the facility failed to ensure one of 6 sampled residents (Resident 5) who is assessed with difficulty swallowing is provided necessary care and services with eating while lying flat in bed.
This deficient practice has a potential to result in Resident 5 aspirating (accidental breathing in of food or fluid into the lungs).
Findings:
A review of Resident 5's admission Record indicated Resident 5 was admitted on [DATE] dysphagia, oropharyngeal phase (difficulty transferring food from the mouth into the pharynx and esophagus to initiate an involuntary swallowing process), gastro-esophageal reflux disease (when stomach contents come back up into the esophagus) without esophagitis (inflammation that damages the tube running from the throat to the stomach) and idiopathic peripheral neuropathy (damage of the peripheral nerves where cause cannot be determined).
A review of Resident 5's History and Physical (a shorthand for the formal document that physicians produce through interview with the resident, physical examination and the summary of testing either obtained or pending) dated 7/28/22, indicated that the resident has the capacity to understand and make decisions.
A review of Resident 5's Minimum Data Set (MDS, a standardized assessment and care screening tool), dated 7/20/22, indicated the resident has moderate impairment in cognitive skills (ability to make daily decisions) and required supervision with eating.
During an observation and interview on 10/18/22 at 8:50 AM, Resident 5 was observed eating breakfast while lying flat in bed without a staff supervising. Resident 5 was also observed as having a Fentanyl patch on his right chest.
During an interview on 10/19/22 at 9:18 AM, the CNA 5 stated Resident 5 prefers to eat lying down and they are monitoring him every 10 - 15 minutes when he is eating.
During a concurrent observation and interview on 10/20/22 at 1:04 PM, Resident 5 was seen eating again lying flat. CNA 6 states she tries to stay with the resident as much as she can but has other residents to watch for. CNA 6 stated she goes to see residents in room [ROOM NUMBER] and 22 and comes back to check on Resident 5. CNA 6 stated the resident could possibly choke if not supervised while eating lying flat.
During an interview on 10/21/22 at 8:22 AM, LVN 7 stated a staff is supposed to sit down and supervise Resident 5 while eating to make sure the resident does not choke.
During a concurrent observation and interview on 10/21/22 at 8:33 AM, CNA 1 was observed standing by the doorway with the curtain divider inside the room halfway drawn preventing from visibly seeing Resident 5. CNA 1 stated she was assigned to watch the Resident 5 while eating.
During the same observation on 10/21/22 at 8:33 AM, Resident 5 was seen inside the resident's room eating while lying flat in bed with plate of food on top of the resident.
During a concurrent interview and record review on 10/21/22 at 10:45 AM, the DON stated Resident 5 did not have a care plan prior to 10/18/22 on his preference eating lying down.
A review of Resident 5's activities of daily living care plan dated 7/20/22, indicated the resident needed eating supervision.
A review of the facility's policy titled, Assisting the Resident with In-Room Meals, revised in December 2013 indicated, to review residents care plan and provide for any special needs of the resident. The policy also indicated that the resident should be positioned so his head and upper body are as upright as possible and with the head tipped slightly forward. If the resident is served his meal in bed, use wedges and pillows to achieve a nearly upright position.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0688
(Tag F0688)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, and record review, the facility failed to ensure one of four sampled residents (Resident 16) wa...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, and record review, the facility failed to ensure one of four sampled residents (Resident 16) was provided with appropriate services and equipment to maintain resident's mobility and prevent decrease in range of motion (ROM, refers to how far you can move or stretch a part of your body, such as a joint or a muscle) in accordance with facility's policy and procedure by:
1. Failure to ensure Resident 16 has regular joint mobility assessment to monitor and check resident's ROM was declining
2. Failure to revise Resident 16's care plan to initiate a treatment plan/ exercise and/or devices for resident's both hands to prevent further contractures (a condition of shortening and hardening of muscles, tendons, or other tissue, often leading to deformity and rigidity of joints).
This deficient practice had the potential for the resident to have worsening contractures and/or a decrease in the ability to care for himself.
Finding:
A review of Resident 16's Face Sheet (a record of admission), indicated the resident was admitted to the facility on [DATE] and readmitted on [DATE] with diagnoses that included type 2 diabetes (a chronic condition that affects the way the body processes blood sugar), anxiety disorder (a mental health disorder characterized by feelings of worry or fear that are strong enough to interfere with one's daily activities), and chronic kidney disease (a condition characterized by a gradual loss of kidney function over time).
A review of Resident 16's Joint Mobility Assessment, dated 4/28/22, indicated the resident's fingers on both hands had moderate to severe limitation in ROM. The joint mobility assessment did not indicate any
A review of Resident 16's Minimum Data Set (MDS, a standardized assessment and care-screening tool), dated 8/2/22, indicated the resident was moderately impaired in cognitive skills and required extensive assistance (resident involved in activity, staff provided weight bearing assistance) from staff for transferring, dressing, toileting, and personal hygiene. The MDS indicated that Resident 16 had functional limitations (does not have the ability to perform routine activities of daily living) in ROM to both upper extremities (shoulder, elbow, wrist, hand).
A review of Resident 16's Occupational Therapy Treatment Careplan, dated 10/9/22, did not indicate interventions to prevent contracture or further contracture formation/deformity.
During an observation of Resident 16 and interview, on 10/18/22, at 12:48 PM, Resident 16's fingers on both hands were in a curled position. Resident 16 stated, both hands were stiff, and it was difficult for him to move them to an open position. Resident 16 stated, he stretches his fingers because no one at the facility stretches his fingers for him. Resident 16 stated, the facility staff could have done a better job if they were stretching his fingers.
During an interview, on 10/20/22, at 01:38 PM, Physical Therapy Director (PTD) stated, Resident 16 had limited ROM to his hands. PTD stated, Resident 16 had contractures to both of his hands. PTD stated, the facility did not treat Resident 16's hands with stretching or splints (used to immobilize a body part).
During an interview and observation of Resident 16, on 10/21/22, at 10:56 AM, Resident 16 demonstrated that his fingers were in a claw like position, unable to open both hands in a flat position and resident was unable to stretch his fingers. Resident 16 stated, the facility did not stretch or massage his fingers. Resident 16 stated he feels helpless because he cannot open containers due to his fingers being in that condition. Resident 16 stated, the physical therapists needed to exercise and stretch his fingers but facility never did.
During an interview and observation in Resident 16's room, on 10/21/22, at 11:15 AM, PTD tried to stretch and open Resident 16's fingers on both hands. PTD stated she was not able to stretch the resident's fingers to open the hands. PTD stated according to her assessment Resident 16's ROM on both hands and fingers have moderate to severe (fingers able to stretch open 25 - 50%) limitations. PTD stated the resident should have treatment consisting of stretching to loosen the fingers to prevent contractures from getting worst. PTD further stated, Resident 16 should have a resting hand splint (a device used to properly position the hand) for both hands.
During an interview and observation of Resident 16, on 10/21/22, at 11:20 AM, Resident 16's fingers on both hands were in a claw like position. The Director of Nursing (DON) stated, Resident 16's hands were contracted when he was admitted to the facility. The DON stated Resident 16 needed stretching treatment for his hand and it was not provided by the facility since resident was admitted in the facility.
A review of the facility's policy and procedure titled, Resident Mobility and Range of Motion, revised July 2017, indicated residents with ROM will receive treatment and services to increase and/or prevent a further decrease in ROM. The policy indicated residents with limited mobility will receive appropriate services, equipment, and assistance to maintain or improve mobility unless reduction in mobility is unavoidable.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0745
(Tag F0745)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the facility failed to ensure provisions with social service-related assistance was provid...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the facility failed to ensure provisions with social service-related assistance was provided for two of two sampled residents (Residents 5 and 42) in accordance with the facility's policies and procedures by:
1. 1. Failing to ensure Resident 5 was provided an accounting of his financial records and purchases used out of his personal funds by the Social Services Director (SSD).
2. Failing to ensure Resident 42, who had expressed to Social Services Director (SSD) that he needed assistance with contacting attending physician (AP) 1 and requested assistance in filing a complaint against DR 1, was provided with services to meet his needs.
These deficient practices had the potential for the residents to not receive care and/or treatment services which could lead to unnecessary stress, and serious illness.
Findings:
1. A review of Resident 5's admission Record indicated Resident 5 was admitted on [DATE] for dysphagia, oropharyngeal phase (difficulty transferring food from the mouth into the oropharyngeal phase (difficulty transferring food from the mouth into the hollow tube inside the neck that starts behind the nose and ends at the top of the windpipe and the tube that goes to the stomach to initiate an involuntary swallowing process), gastro-esophageal reflux disease (when stomach contents come back up into the esophagus) without esophagitis (inflammation that damages the tube running from the throat to the stomach) and idiopathic peripheral neuropathy (damage of the peripheral nerves where cause cannot be determined).
A review of Resident 5's History and Physical (a shorthand for the formal document that physicians produce through interview with the resident, physical examination and the summary of testing either obtained or pending) dated 7/28/22, indicated the resident has the capacity to understand and make decisions.
A review of Resident 5's Minimum Data Set (MDS, a standardized assessment and care screening tool), dated 7/20/22, indicated resident has moderate impairment in cognitive skills (ability to make daily decisions) and required supervision with eating.
During an interview and concurrent record review of Resident 5's Statement Landscape dated on 10/18/22 at 12:48 PM, Resident 5 stated someone used his account or personal funds kept by the facility and withdrew money out from it. Resident 5 stated, about 2 years ago he bought two (2) Burton Jackets and one (1) flannel shirt at Vendor 1 worth approximately $400.00 and the remaining balance of the $5,000.00 was given to the front desk for safe keeping. Resident 5's statement of account from Resident Fund Management Service indicated, Resident 5 has a current balance of $2,367.03 as of 10/03/22. Resident 5 stated he felt robbed after finding out somebody used his account to purchase television and other items besides the jackets and flannel shirts. Resident 5 stated, he was left hanging by the facility when he asked what happened to his money because he did not ask the facility to purchase the television and other items besides the jacket and flannel shirt.
A review of Resident 5's records titled, Inventory List, dated 8/17/20, the records did not show any personal belongings acquired nor purchased from resident's personal funds after admission.
During an interview on 10/20/21 at 1:58 PM, SSD stated she did not document the items purchased for Resident 5 from Vendor 2. SSD also stated Resident 5's clothes was in the social services office and forgot to give them to the resident. SSD was unable to provide accounting or receipt of the purchases.
During the same interview on 10/20/22 at 1:58 PM, SSD stated she was supposed to document purchases made for Resident 5 and what was received but she did not. SSD stated it was her responsibility to ensure Resident 5 was provided his right to know what was being bought out of his personal funds and should have received a copy of the invoice, but she did not.
During an interview on 10/20/21 at 1:58 PM, SSD stated she did not document the items purchased for Resident 5 from Vendor 2. SSD also stated Resident 5's clothes was in the social services office and forgot to give them to the resident. SSD was unable to provide accounting or receipt of the purchases.
During the same interview on 10/20/22 at 1:58 PM, SSD stated she was supposed to document purchases made for Resident 5 and what was received but she did not. SSD stated it was her responsibility to ensure Resident 5 was provided his right to know what was being bought out of his personal funds and should have received a copy of the invoice, but she did not.
2. A review of Resident 42's Face Sheet (a record of admission), indicated the resident was admitted to the facility on [DATE] and was re-admitted on [DATE] with diagnoses that included malignant (cancerous, in which abnormal cells divide uncontrollably and destroy body tissue) neoplasm (a new and abnormal growth of tissue in some part of the body) of oropharynx (the middle part of the throat), hyperlipidemia (a condition in which there are high levels of fat particles [lipids] in the blood), and anxiety disorder (a mental health disorder characterized by feelings of worry or fear that are strong enough to interfere with one's daily activities).
A review of Resident 42's Minimum Data Set (MDS, a standardized assessment and care-screening tool), dated 8/12/22, indicated the resident had no impairment in cognitive skills (ability to understand and make decisions) and required supervision from staff for transferring, dressing, eating, and toileting.
During an interview, on 10/19/22 at 8:00 AM, Resident 42 stated he had been trying get a hold of AP
1. Resident 42 stated he had only seen AP 1 once since being admitted at the facility.
During an interview, on 10/20/22 at 11:55 PM, Marketing Director (MKD) stated, she was never made aware that Resident 42 had complaints about AP 1.
During an interview, on 10/20/22 at 12:05 PM, Social Services Designee (SSD) stated, Resident 42 complained to her many times that he wanted to see AP 1. SSD stated, she informed Resident 42 that she would notify MRK of his concerns and that MRK was responsible to coordinate with AP 1.
A review of the facilities job description dated May 2008, titled Social Services Designee, indicated the purpose of the job position was to assure that the medically related emotional and social needs of the resident are met/maintained on an individual basis. The SSD's following job functions are:
a. Promotes/protects resident rights.
b. Maintains grievance (complaint) process - maintains all appropriate follow-up documentation.
c. Uses chain of command to communicate problems or grievances.
A review of the facility's policy revised December 2016, titled, Resident Rights, indicated the residents had the right to communication with and access to people and services, both inside and outside the facility and to be supported by the facility in exercising his or her rights.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Medication Errors
(Tag F0758)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, and record review, the facility failed to:
1. Ensure that psychotropic medications (medications...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, and record review, the facility failed to:
1. Ensure that psychotropic medications (medications that affect brain activities associated with mental processes and behaviors), such as temazepam (a medication used to treat the inability to sleep) are used to treat specific condition(s) as diagnosed and documented in the physician's order/clinical record for one out of 5 residents taking psychotropic medications (Residents 1.)
2. Ensure that PRN (as needed - not given on a regular schedule) orders for psychotropic medications are limited to a duration of only 14 days for one out of 5 residents taking psychotropic medications (Residents
1). Temazepam did not indicate a stop date since it was ordered on 7/7/22.
3. Monitor for adverse effects (unwanted or dangerous medication side effects) of temazepam in one of five sampled residents (Resident 1)
4. Monitor for behaviors tied to temazepam use in one of five sampled residents (Resident 1.)
5. Ensure individualized care plan for temazepam was revised and updated for one of five sampled residents (Resident 1).
These deficient practices increased the risk that Resident 1 to experience adverse effects of psychotropic medication therapy including, but not limited to, dizziness, drowsiness, leading to an overall negative impact on her physical, mental, and psychosocial well-being.
Findings:
On 10/18/22 at 10:15 AM, during the initial tour of the facility, Resident 1 was observed inside her room sleeping.
A review of Resident 1's Face Sheet (admission record) indicated an admission to the facility on 7/7/22 with diagnoses including major depressive disorder (a mood disorder that interferes with daily life), anorexia (an emotional disorder characterized by an obsessive desire to lose weight by refusing to eat), and type 2 diabetes mellitus (chronic condition that affects the way the body processes blood sugar).
A review of Resident 1's History and Physical (H&P) dated 7/12/22 indicated the resident did not have the capacity to understand and make decisions.
A review of Resident 1's MDS dated [DATE] indicated Resident 1 required total dependence (full staff performance every time during entire 7-day period) with bed mobility, transfer, dressing, eating, toilet use, and personal hygiene).
A review of Resident 1's Physician's Order for the month of October 2022, indicated on 7/7/22, the physician ordered temazepam 30 milligrams (mg - a unit of measure for mass) by mouth every day as needed at bedtime, may repeat 1 cap as needed after midnight. The Physician's Order indicated the facility did not indicate a stop date or specify a duration for the PRN order for temazepam. The Physician Order did not indicate an indication and/or diagnosis for the administration of temazepam.
A review of Resident 1's care plan for behavior dated 7/7/22, indicated Resident 1 needs behavior management related to Resident 1's diagnosis of agitation and haloperidol (antipsychotic-can treat certain types of mental disorders) medication. The care plan indicated an intervention to give medication as ordered and monitor episodes of behavior every shift (7 AM to 3 PM, 3 Pm to 11 PM, and 11 PM to 7 AM). The haloperidol medication was discontinued on 8/5/22 as reflected in Resident 1's electronic Physician's Order.
A review of Resident 1's care plan for psychotropic medication dated 7/7/22, indicated Resident 1 requires the use of psychoactive medications such as antipsychotic haloperidol and hypnotic (used to treat insomnia and sleep disorders) temazepam. The care plan included interventions such as 1. Pharmacy audit of medication monthly, monitor adverse side effects, notify medical doctor for any adverse side effects 2. Monitor behavior/ hashmark every shift 3. monthly psychotropic summary review.
A review of Resident 1's care plan for mood state dated 7/11/22, indicated Resident 1 has sleep cycle issue with an intervention to assess sleep cycle and monitor mood status every shift.
A review of Resident 1's Medication Administration Record (MAR - a record of medications, behaviors, and adverse effect monitoring done by licensed nursing staff) for October 2022 indicated the facility was not monitoring for behavior of inability to sleep tied to the use of temazepam.
A review of Resident 1's MAR for October 2022 also indicated the facility was not monitoring for adverse effects common to temazepam. Further review of Resident 1's MAR for October 2022 indicated the facility was also not tracking Resident 1' number of hours of sleep each night tied to Resident 1's use of the temazepam but instead tracking Resident 1's episodes of anxiety behavior manifested by agitation.
On 10/21/22 at 11:09 AM, during a concurrent interview and observation of Resident 1 inside the resident's room, Licensed Vocational Nurse (LVN) 5 stated that Resident 1 was still sleeping at that time (11:09 AM). LVN 5 stated she works usually during the night shift (11 PM to 7 AM), and during LVN 5's shift, she observed Resident 1 was awake on and off during nighttime.
On 10/21/22 at 11:10 AM, during a concurrent interview and record review of Resident 1's electronic medical record, stated there was an order to administer temazepam PRN at nighttime to help Resident 1 sleep at night. LVN 5 stated there was no documentation of monitoring Resident 1's inability to sleep in the MAR. LVN 5 stated when asked if Resident 1 needs monitoring for inability to sleep, I don't know, since there were no orders to monitor behaviors tied to her psychotropic medication therapy and no order to monitor for the adverse effects of temazepam. LVN 5 stated licensed nurses were monitoring Resident 1 for agitation but Resident 1 was not taking any antianxiety (drug used to treat anxiety [intense, excessive, and persistent worry and fear about everyday situations]) medication. LVN 5 stated Resident 1 was taking haloperidol before it was discontinued on 8/5/22. LVN 5 stated it was Minimum Data Set (MDS) Nurses' responsibility to complete and document the monthly summary of the monitoring behaviors of residents on psychotropic medications. LVN 5 stated there was no stop date for Resident 1's temazepam PRN order.
On 10/21/22 at 11:27 AM, during concurrent interview and record review of Resident 1's electronic medical records, Registered Nurse (RN) 1 stated there was no stop date for Resident 1's temazepam order and no monitoring for temazepam's adverse effects. RN 1 stated Resident 1's inability to sleep should be monitored to determine if the temazepam was effective or not.
On 10/21/22 at 11:32 AM, during a concurrent interview and record review of Resident 1's Physician Orders and MAR for the month of October 2022, the Director of Nursing (DON) stated that diagnosis and indication for temazepam should be documented in Resident 1's Physician Orders. The DON stated the facility to add a stop date or duration to the resident's order for PRN temazepam. The DON stated temazepam like other psychotropic medication ordered as PRN need to be renewed every 14 days, must be seen and evaluated by resident's attending physician before renewing the PRN psychotropic medications. The DON stated the facility did not monitor behaviors and adverse effects of Resident 1's temazepam as specified in the Resident 1's plan of care. The DON stated it is important to monitor behaviors associated with psychotropic medication use to determine if the medications are effective or not at controlling the resident's behaviors. The DON stated that monitoring side effects of psychotropic medications is important to ensure that the medications don't cause significant side effects that can diminish a resident's quality of life such as drowsiness, and dizziness. The DON stated pharmacy review were done monthly by the pharmacy consultant but Resident 1's temazepam's adverse effect and behavior monitoring were missed. The DON stated care plan should be updated and revised in order to implement resident's care plan accurately.
A review of facility's policy and procedures (P&P) titled Behavior/Psychotropic Drug Management dated June 2019, indicated the following:
1. Any order for psychoactive medications must include the name of drug and dosage, route, frequency, diagnosis for its use and specific behavior manifested.
2. Resident should be observed and/or monitored for side effects and adverse effects while on any specific classification of psychotropic medication regimen. If the resident experiences any side effects, the License Nurse documents the occurrence in the resident's record and notifies Attending Physician/Prescriber.
3. Occurrences of behavior and side effects will be tallied and entered on the Monthly Psychoactive Drug Management Form in addition to any occurrence of adverse reaction.
4. Any psychoactive medication prescribed on a PRN basis must be ordered not to exceed 14 days. If the physician feels the medication needs to be continued, the reason (s) for the continued usage must be documented in the clinical record.
A review of facility's P&P titled Care plans-Comprehensive revised in September 2010, indicated assessments of residents are ongoing and care plans are revised as information about the resident and the resident's condition change.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0805
(Tag F0805)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview and record review, the facility's dietary staff failed to follow the Fall menu cooks spreadsheet...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview and record review, the facility's dietary staff failed to follow the Fall menu cooks spreadsheet, approved by the registered dietician for residents requiring large portion meals for one of 21 sampled residents (Resident 47).
This deficient practice place Resident 47 at risk for potential weight loss and/or weight gain.
Findings:
During an observation on 10/20/22 at 7:33 AM, Dietary [NAME] (DC) prepared a large portion breakfast tray with a request for sausage for Resident 47. The tray included one sausage patty, 2 omelet pieces, and one slice of toast cut into two triangle pieces.
During an interview with Dietary Supervisor (DS) on 10/20/22 at 7:50 AM, DS stated, Resident 47 lost weight and is on weekly weights. DS stated, large portion should be two sausages.
During a concurrent interview and record review of the Fall Menus with the Regional Registered Dietician Consultant (RRDC) on 10/20/22 at 1:42 PM, RRDC stated, staff need to follow the menu; for example's breakfast, 1 slice of bread is 1 square slice or if cut up 2 triangles and for large portion is 2 slices of bread equivalent to 4 triangles.
A review of the facility's document titled Fall Menus dated for 10/3/22 to 11/28/22 indicated Toast given 1 slice for small and regular portion; for large portion should be 2 slices.
A review of Resident 47's Face Sheet (a record of admission) indicated the resident admitted to the facility on [DATE] and readmitted on [DATE] with diagnoses that included generalized muscle weakness, chronic obstructive pulmonary disease (COPD- disease that causes obstructed airflow from the lungs), schizoaffective disorder (a mental illness that causes loss of contact with reality), Gastro-Esophageal Reflux Disease (GERD - a digestive disease in which stomach acid or contents irritates the food pipe lining).
A review of Resident 47's Minimum Data Set (MDS, a standardized assessment and care planning tool), dated 8/4/22 indicated the resident was able to make self-understood and understood others and did not have impairment in cognitive skills. The MDS indicated Resident 47 required extensive assistance (resident involved in activity, staff provided weight-bearing support) from staff for dressing, and personal hygiene.
A review of Resident 47's monthly weight record indicated the following information:
a. On 7/6/22 resident weight was 155 lbs.
b. On 8/4/22 resident weight was 206 lbs
c. On 9/8/22 resident weight was 209 lbs
d. On 10/6/22 resident weight 200 lbs.
A review of Resident 47's nutritional assessment dated on 9/16/22 indicated resident with significant weight gain before discharged to hospital with 54 lbs. with a weight gain times one month. Registered dietician recommendation included to encourage resident to be weighted and continue to monitor.
A review of Resident 47's Interdisciplinary Team (IDT, group of healthcare professionals from diverse fields who work in a coordinated manner toward a common goal for the resident) conference record dated 10/6/22 indicated recommendation of weekly weight times four weeks.
A review of Resident 47's care plan for risk for dehydration and malnutrition due to weight loss dated 10/6/22 indicated the resident will gain at least 3 lbs. per month to target ideal body weight range. The approaches included to encourage of diet and nourishment as ordered.
A review of Resident 47's weekly weights record for the month of September and October of 2022 indicated as follows:
a. On 9/12/22 resident's weight 209 lbs.
b. On 9/21/22 resident refused to be weighed.
c. On 9/28/22 resident refused to be weighed.
d. On 10/6/22 resident's weight 200 lbs.
e. On 10/12/22 resident's weight 201 lbs.
f. On 10/19/22 resident's weight 200 lbs.
A review of Resident 47's physician order dated 9/12/22 indicated for Resident 47 to be weighed weekly times four on admission.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0919
(Tag F0919)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, and record review, the facility failed to have a functioning call light (a device used by a res...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, and record review, the facility failed to have a functioning call light (a device used by a resident to signal his or her need for assistance) system for two out of ten sampled resident's bathrooms (rooms [ROOM NUMBERS]).
This failure had the potential to prevent residents residing and staff assisting in rooms [ROOM NUMBERS] to receive bathroom assistance for needs in a prompt and timely manner.
Findings:
During an observation in the bathroom in room [ROOM NUMBER] and interview, on 10/19/22 at 7:35 AM, Maintenance Director (MTD) stated, the cord for the bathroom call light in room [ROOM NUMBER] was missing. MTD stated the residents in room [ROOM NUMBER] needed the cord to be able to pull and activate the call light when they need assistance while in the bathroom. MTD stated it was unsafe for the resident to not be able to pull the cord for assistance.
During an observation in the bathroom in room [ROOM NUMBER] and interview, on 10/19/22 at 7:45 AM, MTD stated, the cord for the bathroom call light in room [ROOM NUMBER] was missing. MTD stated the bathroom call light cannot be activated without the cord and so resident in room [ROOM NUMBER] were not able to call for assistance when they need it while in the bathroom.
A review of Resident 23's Face Sheet (a record of admission), indicated the resident was admitted to the facility on [DATE] with diagnoses that included Schizophrenia (a disorder that affects a person's ability to think, feel, and behave clearly) , Major depressive disorder (a mental health disorder characterized by persistently depressed mood or loss of interest in activities, causing significant impairment in daily life), and Chronic kidney disease (a condition characterized by a gradual loss of kidney function over time).
A review of Resident 23's Minimum Data Set (MDS, a standardized assessment and care-screening tool), dated 7/22/22, indicated the resident was moderately impaired in cognitive skills and required extensive assistance (resident involved in activity, staff provided weight bearing assistance) from staff for transferring, dressing, toileting, and personal hygiene.
During an interview, on 10/20/2022 at 9:08 AM, Certified Nursing Assistant (CNA) 8 stated, they would take Resident 23 to the bathroom (room [ROOM NUMBER]) when he needed to use the toilet. CNA 8 stated they would leave resident 23 on the toilet by himself and wait outside the bathroom until he was finished. CNA 8 stated Resident 23 would knock on the bathroom door when he finished. CNA 8 further stated, if the call light cord was present and was working, we could have prevented Resident 23 from knocking to be able to call for the staff's help while he's in the bathroom.
During an interview, on 10/20/2022 at 9:12 AM, Resident 23 stated he knocked on the door when he was done using the bathroom, because the call light cord was missing, and call button did not work. Resident 23 further stated the call light cord was missing from the bathroom for room [ROOM NUMBER] (unable to recall since when) and it was difficult for resident to call for the staff's help when he's in the bathroom.
A review of the facility's policy and procedure titled, Answering the Call Light, revised October 2010, indicated the purpose of the procedure is to respond to the resident's requests and needs. Staff are to explain to the resident that a call system is also located in his/her bathroom and to demonstrate how it works. Staff are to report defective call lights to the nurse supervisor promptly.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0562
(Tag F0562)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interviews and record reviews, the facility failed to provide immediate access to nine out of nine (Reside...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interviews and record reviews, the facility failed to provide immediate access to nine out of nine (Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86) justice involved residents (residents currently in custody and held involuntarily through operation of law enforcement authorities in an institution, which is the responsibility of a governmental unit or over which a governmental unit exercises administrative control) residing in the facility by representatives of the Secretary and/or State which included the long-term care Ombudsman (OMB; an individual who advocates for long-term care facility residents, defends their rights, and ensures they are protected from verbal abuse, neglect, and assault) and Department of Public Health (DPH) State Surveyors.
This deficient practice violated all nine justice involved residents' (Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86) rights to communicate with outside agencies including, but not limited to OMB and DPH State Surveyors any matter concerning the residents' health, safety, care, treatment, and other issues. This deficient practice had the potential to negatively affect all nine justice involved residents' psychosocial well-being.
Findings:
A review of a formal referral letter from the long-term care ombudsman dated 10/14/22, indicated the OMB was at the facility on 10/11/22. The letter indicated the OMB was not allowed to see or interview the nine justice involved residents in their rooms. The letter indicated that the DON stated the facility had been instructed to follow a different set of rules and were told that the justice involved residents did not have the same rights as all other residents in the facility. The letter indicated that on 10/12/22, the OMB spoke to the Federal Law Enforcement (Justice Department agency charged with carrying out all law enforcement activities relating to the federal justice system) Supervisor and explained to the OMB that the justice involved residents were supervised by the Federal Law Enforcement while in the facility.
On 10/18/22 at 8:32 AM, during the initial tour of the facility, concurrent interview and review of the facility's residents census dated 10/17/22 with the DON, the DON stated the facility had 92 residents residing in the facility. The DON stated Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86 were under a fictitious (not real or true) name to protect the resident's identity and for confidentiality. The DON stated Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86 admitted in the facility were all justice involved residents.
During an interview on 10/18/22 at 9 AM, PSO 6 stated that DPH/state surveyors cannot enter the justice involved resident's rooms and would not answer any more questions about the justice involved residents.
1.During an interview on 10/18/22 at 9:20 AM, while outside Resident 86's room, PSO 1 stated all justice involved residents were only allowed to go outside the resident's room when they go to physical therapy accompanied by two PSOs. PSO 1 stated all justice involved residents were not allowed to have visitors including state surveyors without United States (US) Marshal Supervisor. PSO 1 stated state surveyors were not allowed to go inside the justice involved residents' room to observe and conduct interviews even after explaining state surveyor's reason and authority to have immediate access to all residents in the facility.
A review of Resident 86's Face Sheet (admission record) indicated an admission to the facility on 9/17/22 with diagnoses including suicidal ideations (thinking about or planning suicide), muscle weakness and traumatic subcutaneous (applied under the skin), emphysema (a condition in which air becomes trapped under the subcutaneous layer of the skin). The Face Sheet did not indicate a responsible party for Resident 86.
A review of Resident 86's History and Physical (H&P) dated 9/20/22 indicated the resident had the capacity to understand and make decisions.
2. On 10/18/22 at 9:26 AM, during an observation inside Resident 87's room and interview with PSO 2 in the presence of PSO 3 and Resident 87, PSO 2 stated that Resident 87's contact with the public was very limited. PSO 2 stated justice involved residents were not allowed to receive visitors and receive phone calls.
During an interview on 10/18/22 at 9:29 AM, Resident 87 stated he was not allowed to receive any visitors and mails. Resident 87 stated that telephone calls were not allowed. Resident 87 stated he was not allowed to go outside except during therapy and shower.
A review of Resident 87's Face Sheet indicated an admission to the facility on 9/27/22 with diagnoses including anemia (a condition in which the body does not have enough healthy red blood cells that provide oxygen to body tissues), emphysema (a condition in which the air sacs of the lungs are damaged and enlarged, causing breathlessness), secondary malignant neoplasm of bone (cancer [a disease in which abnormal cells divide uncontrollably and destroy body tissue] started in another part of the body but spread to the bone).
A review of Resident 87's undated H&P indicated the resident had the capacity to understand and make decisions.
3. A review of Resident 79's Face Sheet the resident was admitted to the facility on [DATE] with diagnoses including insomnia (persistent problems falling and staying asleep) and personal history of COVID-19 ([Coronavirus] a disease that can triggers a respiratory [lung] tract infection affecting the upper respiratory tract [sinuses, nose, and throat] and/or lower respiratory tract [windpipe and lungs] the virus spreads mainly through person-to-person contact).
A review of Resident 79's H&P dated 6/15/22 indicated the resident had the capacity to understand and make decisions.
4. A review of Resident 40's Face Sheet indicated the resident was admitted to the facility on [DATE] with diagnoses including Type 2 diabetes mellitus (chronic condition that affects the way the body processes blood sugar), chronic kidney disease (gradual loss of kidney function) and epilepsy (a disorder of the brain; disorder in which the brain activity becomes abnormal, causing seizures [sudden, uncontrolled electrical disturbance in the brain] or periods of unusual behavior, sensations and sometimes loss of awareness). The Face Sheet did not indicate a responsible party for Resident 40.
A review of Resident 40's H&P dated 8/31/22 indicated the resident had the capacity to understand and make decisions.
5. A review of Resident 292's Face Sheet indicated the resident was admitted to the facility on [DATE] with diagnoses including Parkinson's disease (a brain disorder that causes unintended or uncontrollable movements such as shaking, stiffness, and difficulty with balance and coordination), essential hypertension (high blood pressure that does not have a known secondary cause) and anxiety (a mental health disorder characterized by feelings of worry, anxiety, or fear that are strong enough to interfere with one's daily activities) disorder.
A review of Resident 292's H&P dated 10/13/22 indicated the resident had the capacity to understand and make decisions.
6. A review of Resident 42's Face Sheet indicated the resident was admitted to the facility on [DATE] with diagnoses including anxiety disorder, chronic pain syndrome (pain that carries on for longer than 12 weeks despite medication or treatment) and malignant (destructive; cancerous) neoplasm (any growth that develops inside or on the body) of oropharynx (a disease in which malignant [cancer] cells form in the tissues of the oropharynx [middle part of the throat, behind the mouth]).
A review of Resident 42's H&P dated 5/10/22 indicated the resident had the capacity to understand and make decisions.
7. A review of Resident 42's Face Sheet indicated the resident was admitted to the facility on [DATE] with diagnoses including anxiety disorder, chronic pain syndrome (pain that carries on for longer than 12 weeks despite medication or treatment) and malignant (destructive; cancerous) neoplasm (any growth that develops inside or on the body) of oropharynx (a disease in which malignant [cancer] cells form in the tissues of the oropharynx [middle part of the throat, behind the mouth]).
A review of Resident 42's H&P dated 5/10/22 indicated the resident had the capacity to understand and make decisions.
8. A review of Resident 342's Face Sheet indicated an initial admission to the facility on [DATE] with diagnoses including post-traumatic (a mental health condition that's triggered by a terrifying event) stress disorder, borderline personality (a mental health disorder that impacts the way you think and feel about yourself and others) disorder, and bipolar (a mental condition marked by alternating periods of elation and depression) disorder.
A review of Resident 342's H&P dated 10/13/22 indicated the resident had the capacity to understand and make decisions.
9. A review of Resident 76's Face Sheet indicated an initial admission to the facility on 6/29/22 with diagnoses including unspecified part of neck of femur (region just below the ball of the hip joint), phalanx (bone located between the first joint and center knuckle) of right mid finger, shaft of right tibia (middle of right big bone between knee and ankle), fracture (broken bone).
A review of Resident 76's H&P dated 10/13/22, indicated the resident had the capacity to understand and make decisions.
During an interview on 10/18/22 at 9:35 AM, Licensed Vocational Nurse (LVN) 1 stated the DPH state surveyors were not allowed to go inside all justice involved residents' rooms due to Federal Law Enforcement policy. LVN 1 stated the DPH surveyors were not also allowed to check the justice involved resident electronic chart including the justice involved resident's name.
During an interview on 10/18/22 at 1:28 PM, the DON stated the facility was not able to provide the DPH state surveyors the copies of the nine justice involved residents' medical records as requested. The DON stated the facility was still asking and waiting for the Federal Law Enforcement Agency Supervisor's approval/permission for the DPH surveyors to obtain copies of the justice involved residents' medical records.
During an interview on 10/18/22 at 2:47 PM, the DON stated the DPH state surveyors and ombudsman, including the justice involved resident's attorneys were not allowed to go inside the justice involved residents' room without Federal Law Enforcement Supervisor's permission.
During an interview on 10/19/22 at 3:39 PM, the DON stated that the DPH state surveyors were still not allowed to interview and review all the medical records of the nine justice involved residents per the Federal Law Enforcement Agency Supervisor's instruction.
During a conference meeting via TEAMS (allows users to communicate via text, chat, voice or video call from home or office) on 10/20/22 at 10:10 AM, attended by Los Angeles County Department of Public Health (LAC-DPH) Health Facilities Investigation Division (HFID) supervision team, the facility's Administrator (ADM), DON, [NAME] President of Operations (VPO), Quality Assurance Consultant (QA Consultant) and Marketing Director (MKD). The VPO stated the state surveyors were not allowed to access the justice involved resident's medical records since the residents were discharged from the facility on 10/19/22 and will not be coming back. The VPO stated the facility was trying to discuss to allow the state surveyors to continue to review and release the medical records of the nine justice involved residents with the Federal Law Enforcement Agency Supervisor.
A review of a Memorandum (a short note designating something to be remembered, especially something to be done or acted upon in the future) addressed to the facility and MKD, titled Policy and Procedures for Inmates in Nursing Home Facilities, dated 8/20/2021, signed by the Federal Law Enforcement Deputy and written in the Federal Law Enforcement letterhead indicated the following information: Clients (inmates) are not allowed to have family visitations or phone calls. If unannounced visitor arrives, notify (Federal Law Enforcement Agency) immediately.
A review of the facility's policy and procedure titled Residents Rights revised in December 2016, indicated Federal and state laws guarantee certain basic rights to all residents of this facility. These rights included the resident's right to:
a. Communication with and access to people and services, both inside and outside the facility.
b. Exercise his or her rights as a resident of the facility and as a resident or citizen of the United States.
c. Be supported by the facility in exercising his or her rights.
d. Exercise his or her rights without interference, coercion, discrimination or reprisal from the facility.
Voice grievances to the facility, or other agency that hears grievances, without discrimination or reprisal and without fear of discrimination or reprisal;
e. Communicates with outside agencies (e.g., local, state, or federal officials, state and federal surveyors, state long-term care ombudsman, protection or advocacy organizations, etc.) regarding any matter.
f. Visit and be visited by others from outside the facility.
g. Access to a telephone, mail and email.
h. Communicate in person and by mail, email and telephone with privacy.
A review of a Memorandum from the Centers for Medicare & Medicaid Services (CMS-a federal agency within the United States Department of Health and Human Services) titled Updated Guidance to Surveyors on Federal Requirements for Providing Services to Justice Involved Individuals revised in 12/23/16 indicated, Skilled Nursing Facilities (SNFs) and Nursing Facilities (NFs), as residential environments, must permit residents to have autonomy and choice, to the maximum extent practicable regarding how they wish to live their everyday lives and receive care. Federal statutes and regulations establish an array of individual rights and safeguards. Nursing homes cannot impose conditions or restrictions that undetermined resident rights and protections required by federal law .Resident rights in the nursing home include but are not limited to the right to: 1. Interact with members of the community both inside and outside the facility; and 2. Immediate access to any resident by the following: subject to the resident's right to deny or withdraw consent at any time, immediate family, or other relatives of the resident; and subject to reasonable restrictions and the resident's right to deny or withdraw consent at any time, others who are visiting with the consent of the resident; Also, nursing home residents must not only be able to exercise their rights as residents of the facility and as citizens of the United Sates, but also have the right to be free of interference, coercion, discrimination, or reprisal from the facility in exercising those rights. https://www.cms.gov/Medicare/Provider-Enrollment-and-Certification/SurveyCertificationGenInfo/Policy
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0563
(Tag F0563)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, interviews and record reviews, the facility failed to respect the rights of the residents to receive/deny...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, interviews and record reviews, the facility failed to respect the rights of the residents to receive/deny visitors of nine out of nine (Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86) justice involved residents (residents currently in custody and held involuntarily through operation of law enforcement authorities in an institution, which is the responsibility of a governmental unit or over which a governmental unit exercises administrative control) residing in the facility.
This deficient practice restricted and violated the nine justice involved residents' (Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86) rights and had the potential to negatively affect the resident's psychosocial wellbeing.
Findings:
A review of a formal referral letter from the long-term care ombudsman dated 10/14/22, indicated the OMB was at the facility on 10/11/22. The letter indicated the OMB was not allowed to see or interview the nine justice involved residents in their rooms. The letter indicated that the DON stated the facility had been instructed to follow a different set of rules and were told that the justice involved residents did not have the same rights as all other residents in the facility. The letter indicated that on 10/12/22, the OMB spoke to the Federal Law Enforcement (Justice Department agency charged with carrying out all law enforcement activities relating to the federal justice system) Supervisor and explained to the OMB that the justice involved residents were supervised by the Federal Law Enforcement while in the facility. The letter indicated that the Federal Law Enforcement Supervisor informed the OMB that the justice involved residents residing in the facility have all the rights to keep them alive. The letter indicated the justice involved residents were not allowed to have visitors without the Federal Law Enforcement Supervisor permission. The letter indicated that on 10/12/22, the facility's administrator shared with the OMB that the facility was following a separate protocol (policy) for the justice involved residents according to the facility's corporate guidance and the Federal Law Enforcement Agency.
A review of a Memorandum (a short note designating something to be remembered, especially something to be done or acted upon in the future) addressed to the facility and MKD, titled Policy and Procedures for Inmates in Nursing Home Facilities, dated 8/20/2021, signed by the Federal Law Enforcement Deputy and written in the Federal Law Enforcement letterhead indicated the following information: Clients (inmates) are not allowed to have family visitations or phone calls. If unannounced visitor arrives, notify (Federal Law Enforcement Agency) immediately.
On 10/18/22 at 8:32 AM, during the initial tour of the facility, concurrent interview and review of the facility's residents census dated 10/17/22 with the DON, the DON stated the facility had 92 residents residing in the facility. The DON stated Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86 were under a fictitious (not real or true) name to protect the resident's identity and for confidentiality. The DON stated Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86 admitted in the facility were all justice involved residents.
During an interview on 10/18/22 at 9 AM, Private Security Officer (PSO) 6 stated that DPH State Surveyors cannot enter the justice involved resident's rooms and would not answer any more questions about the justice involved residents.
1. A review of Resident 87's Face Sheet (admission record) indicated an admission to the facility on 9/27/22 with diagnoses including anemia (a condition in which the body does not have enough healthy red blood cells that provide oxygen to body tissues), emphysema (a condition in which the air sacs of the lungs are damaged and enlarged, causing breathlessness), secondary malignant neoplasm of bone (cancer [a disease in which abnormal cells divide uncontrollably and destroy body tissue] started in another part of the body but spread to the bone).
A review of Resident 87's undated History and Physical (H&P) indicated the resident had the capacity to understand and make decisions.
A review of Resident 87's Minimum Data Set (MDS- a care area screening and assessment tool) dated 9/30/22 indicated Resident 87 required limited assistance (resident highly involved in activity; staff provide guided maneuvering of limbs or other non-weight bearing assistance) with bed mobility, transfer, toilet use, personal hygiene and required supervision (oversight, encouragement or cueing) with dressing and eating.
On 10/18/22 at 9:26 AM, during an observation inside Resident 87's room and interview with PSO 2 in the presence of PSO 3 and Resident 87, PSO 2 stated that Resident 87's contact with the public was very limited. PSO 2 stated all nine justice involved residents were not allowed to receive visitors.
During an interview on 10/18/22 at 9:29 AM, Resident 87 stated he was not allowed to receive any visitors and mails.
2. A review of Resident 86's Face Sheet indicated an admission to the facility on 9/17/22 with diagnoses including suicidal ideations (thinking about or planning suicide), muscle weakness and traumatic subcutaneous (applied under the skin), emphysema (a condition in which air becomes trapped under the subcutaneous layer of the skin).
A review of Resident 86's History and Physical (H&P) dated 9/20/22 indicated the resident had the capacity to understand and make decisions.
A review of Resident 86's MDS dated [DATE] indicated Resident 86 required limited assistance (with transfers, toilet use and required total dependence (full staff performance every time during entire 7-day period) with dressing, required limited assistance with transfer and toilet use. The MDS indicated Resident 86 required supervision with bed mobility, eating and personal hygiene.
3.A review of Resident 79's Face Sheet the resident was admitted to the facility on [DATE] with diagnoses including insomnia (persistent problems falling and staying asleep) and personal history of COVID-19 ([Coronavirus] a disease that can triggers a respiratory [lung] tract infection affecting the upper respiratory tract [sinuses, nose, and throat] and/or lower respiratory tract [windpipe and lungs] the virus spreads mainly through person-to-person contact).
A review of Resident 79's H&P dated 6/15/22 indicated the resident had the capacity to understand and make decisions.
A review of Resident 79's MDS dated [DATE] indicated Resident 79 required supervision during bed mobility, transfer, dressing, eating, toilet use and personal hygiene.
4. 4. A review of Resident 40's Face Sheet indicated the resident was admitted to the facility on [DATE] with diagnoses including Type 2 diabetes mellitus (chronic condition that affects the way the body processes blood sugar), chronic kidney disease (gradual loss of kidney function) and epilepsy (a disorder of the brain; disorder in which the brain activity becomes abnormal, causing seizures [sudden, uncontrolled electrical disturbance in the brain] or periods of unusual behavior, sensations and sometimes loss of awareness). The Face Sheet did not indicate a responsible party for Resident 40.
A review of Resident 40's H&P dated 8/31/22 indicated the resident had the capacity to understand and make decisions.
A review of Resident 40's MDS dated [DATE] indicated Resident 40 required limited assistance with bed mobility, transfer, dressing, toilet use, personal hygiene and required supervision during eating.
5. A review of Resident 292's Face Sheet indicated the resident was admitted to the facility on [DATE] with diagnoses including Parkinson's disease (a brain disorder that causes unintended or uncontrollable movements such as shaking, stiffness, and difficulty with balance and coordination), essential hypertension (high blood pressure that does not have a known secondary cause) and anxiety (a mental health disorder characterized by feelings of worry, anxiety, or fear that are strong enough to interfere with one's daily activities) disorder.
A review of Resident 292's H&P dated 10/13/22 indicated the resident had the capacity to understand and make decisions.
6. A review of Resident 42's Face Sheet indicated the resident was admitted to the facility on [DATE] with diagnoses including anxiety disorder, chronic pain syndrome (pain that carries on for longer than 12 weeks despite medication or treatment) and malignant (destructive; cancerous) neoplasm (any growth that develops inside or on the body) of oropharynx (a disease in which malignant [cancer] cells form in the tissues of the oropharynx [middle part of the throat, behind the mouth]).
A review of Resident 42's H&P dated 5/10/22 indicated the resident had the capacity to understand and make decisions.
A review of Resident 42's MDS dated [DATE] indicated Resident 42 required supervision with bed mobility, transfer, dressing, eating, toilet use and personal hygiene.
7. A review of Resident 42's Face Sheet indicated the resident was admitted to the facility on [DATE] with diagnoses including anxiety disorder, chronic pain syndrome (pain that carries on for longer than 12 weeks despite medication or treatment) and malignant (destructive; cancerous) neoplasm (any growth that develops inside or on the body) of oropharynx (a disease in which malignant [cancer] cells form in the tissues of the oropharynx [middle part of the throat, behind the mouth]).
A review of Resident 42's H&P dated 5/10/22 indicated the resident had the capacity to understand and make decisions.
A review of Resident 42's MDS dated [DATE] indicated Resident 42 required supervision with bed mobility, transfer, dressing, eating, toilet use and personal hygiene.
8. A review of Resident 342's Face Sheet indicated an initial admission to the facility on [DATE] with diagnoses including post-traumatic (a mental health condition that's triggered by a terrifying event) stress disorder, borderline personality (a mental health disorder that impacts the way you think and feel about yourself and others) disorder, and bipolar (a mental condition marked by alternating periods of elation and depression) disorder.
A review of Resident 342's H&P dated 10/13/22 indicated the resident had the capacity to understand and make decisions.
9. A review of Resident 76's Face Sheet indicated an initial admission to the facility on 6/29/22 with diagnoses including unspecified part of neck of femur (region just below the ball of the hip joint), phalanx (bone located between the first joint and center knuckle) of right mid finger, shaft of right tibia (middle of right big bone between knee and ankle), fracture (broken bone).
A review of Resident 76's H&P dated 10/13/22, indicated the resident had the capacity to understand and make decisions.
A review of Resident 76's MDS dated [DATE] indicated Resident 76 required supervision with bed mobility, transfer, dressing, toilet use, and personal hygiene.
During an interview on 10/18/22 at 2:47 PM, the Director of Nursing (DON) stated justice involved residents were not allowed to receive visitors without Federal Law Enforcement Supervisor's permission. The DON stated the Department of Public Health (DPH) surveyors and ombudsman, including the justice involved resident's attorneys were not also allowed to go inside the justice involved residents' room without Federal Law Enforcement Supervisor's permission.
During an interview on 10/18/22 at 2:51 PM, Activities Director (AD) stated all justice involved residents were not allowed to have visitors.
During an interview on 10/19/22 at 7:02 AM, Certified Nurse Assistant (CNA) 1 stated all justice involved residents were not allowed to have visitors except their attorneys.
During an interview on 10/19/22 at 9:43 AM, the Administrator (ADM) stated visitation were allowed to all resident's residing in the facility including all justice involved residents if residents have prior clearance and Federal Law Enforcement Supervisor's permission due to safety reasons.
A review of the facility's policy and procedure titled Residents Rights revised in December 2016, indicated Federal and state laws guarantee certain basic rights to all residents of this facility. These rights included the resident's right to:
a. Communication with and access to people and services, both inside and outside the facility.
b. Exercise his or her rights as a resident of the facility and as a resident or citizen of the United States.
c. Be supported by the facility in exercising his or her rights.
d. Exercise his or her rights without interference, coercion, discrimination or reprisal from the facility.
e. Communicates with outside agencies (e.g., local, state, or federal officials, state and federal surveyors, state long-term care ombudsman, protection or advocacy organizations, etc.) regarding any matter.
f. Visit and be visited by others from outside the facility.
A review of facility's policy and procedure titled Residents Involved with the Criminal Justice System revised in March 2019 indicated Residents involved in the justice system are entitled to the same rights as all other residents in the facility. The facility does not impose any restrictions on justice-involved residents that violate their resident rights. The P&P also indicated the following:
a. All residents, including justice-involved residents, have the right to a dignified existence, self-determination, communication and access to persons and services inside and outside the facility.
b. Justice involved residents include residents under the care of (taken into custody by) law enforcement
c. Law enforcement jurisdiction is not integrated with facility operations. This facility maintains control over the conditions under which the resident receives care.
A review of a Memorandum from the Centers for Medicare & Medicaid Services (CMS-a federal agency within the United States Department of Health and Human Services) titled Updated Guidance to Surveyors on Federal Requirements for Providing Services to Justice Involved Individuals revised in 12/23/16 indicated, Skilled Nursing Facilities (SNFs) and Nursing Facilities (NFs), as residential environments, must permit residents to have autonomy and choice, to the maximum extent practicable regarding how they wish to live their everyday lives and receive care. Federal statutes and regulations establish an array of individual rights and safeguards. Nursing homes cannot impose conditions or restrictions that undetermined resident rights and protections required by federal law .Resident rights in the nursing home include but are not limited to the right to: 1.Interact with members of the community both inside and outside the facility; and 2. Immediate access to any resident by the following: subject to the resident's right to deny or withdraw consent at any time, immediate family, or other relatives of the resident; and subject to reasonable restrictions and the resident's right to deny or withdraw consent at any time, others who are visiting with the consent of the resident; Also, nursing home residents must not only be able to exercise their rights as residents of the facility and as citizens of the United Sates, but also have the right to be free of interference, coercion, discrimination, or reprisal from the facility in exercising those rights. The memorandum indicated The facility must promote care for its residents in a manner and in an environment that maintains or enhances each resident's dignity and respect in full recognition of his or her individuality. Examples of prohibited facility restrictions include but are not limited to: The facility makes a determination as to which visitors a resident may or may not see. The resident has the right to choose his or her own visitors.https://www.cms.gov/Medicare/Provider-Enrollment-and-Certification/SurveyCertificationGenInfo/Policy
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0571
(Tag F0571)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** 2. A review of Resident 5's admission Record indicated Resident 5 was admitted on [DATE] for unspecified schizophrenia (a seriou...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** 2. A review of Resident 5's admission Record indicated Resident 5 was admitted on [DATE] for unspecified schizophrenia (a serious mental illness that affects how a person thinks, feels, and behaves) and persistent mood disorder (the general emotional state of a person is inconsistent with the circumstances and interferes with their ability to function).
A review of Resident 5's History and Physical (a shorthand for the formal document that physicians produce through interview with the resident, physical examination and the summary of testing either obtained or pending) dated 7/28/22, indicated, the resident has the capacity to understand and make decisions.
A review of Resident 5's Minimum Data Set (MDS, a standardized assessment and care screening tool), dated 7/20/22, indicated resident has moderate impairment in cognitive skills (ability to make daily decisions).
During an interview and concurrent record review of Resident 5's Statement Landscape on 10/18/22 at 12:48 PM, Resident 5 stated someone used his account or personal funds kept by the facility and withdrew money out from it. Resident 5 stated, about 2 years ago he bought two (2) Burton Jackets and one (1) flannel shirt at online store 1 worth approximately $400.00 and the remaining balance of the $5,000.00 was given to the front desk for safe keeping. Resident 5's statement of account from Resident Fund Management Service indicated, Resident 5 has a current balance of $2,367.03 as of 10/03/22. Resident 5 stated he felt robbed after finding out somebody used his account to purchase television and other items besides the jackets and flannel shirts. Resident 5 stated, he was left hanging by the facility when he asked what happened to his money because he did not ask the facility to purchase the television and other items besides the jacket and flannel shirt.
A review of Resident 5's Resident Statement Landscape (financial statement itemizing posted transactions in the trust account) dated from 1/3/22 to 10/3/22, indicated the following:
a. On 3/11/22, an amount of $1,533.00 was debited (deducted from the trust account as payment for services or goods) for Clothing and paid to Online Store 2.
b. On 6/29/22, an amount of $1,403.79 was debited for Personal Needs Items and paid to Online Store 2.
A review of Resident 5's invoice amounting to $1,533, dated 2/22/22, indicated the purchase of the following:
a. Television (TV) - one (1) totaling in the amount of $440
b. TV wall mount - 1 totaling in the amount of $90
c. Slip on shoes (size 9.5 inches [in, unit of measurement]) - 1 totaling in the amount of $45
d. Regular socks (six [6] pack) - two (2) totaling in the amount of $80
e. Non-skid socks (6 pack) - 1 totaling in the amount of $40
f. Men's sweatsuit set (XL) - five (5) totaling in the amount of $325
g. T-Shirt (XL) - 5 totaling in the amount of $75
h. Men's Hat (Beanie) - 2 totaling in the amount of $30
i. Shampoo with conditioner - 2 totaling in the amount of $30
j. Body wash - 2 totaling in the amount of $30
k. Deodorant (2 pack) - 1 totaling in the amount of $15
l. summer blanket - 2 totaling in the amount of $70
A review of Resident 5's invoice amounting to $1,403.79 dated 6/22/22, indicated the purchase of the following:
a. Variety of chips (Doritos) - 1 totaling in the amount of $30
b. Variety of chocolate - 1 totaling in the amount of $30
c. Soda (Vernor's Ginger Ale; 24 cans/case) - 1 totaling in the amount of $50
d. Soda (Canada Dry Ginger Ale; 36 cans/case) - 1 totaling in the amount of $30
e. Extra sour sourdough [NAME] bread - 1 totaling in the amount of $15
f. Lotion - 2 totaling in the amount of $36
g. Shampoo/Conditioner (Dove) - 2 totaling in the amount of $36
h. Pillow with case (2 packs) - 1 totaling in the amount of $45
i. Men's adaptive T-Shirt (Printed; Large) - 5 totaling in the amount of $275
j. Men's adaptive pants (Large) - 5 totaling in the amount of $300
k. Wrap back adaptive nightgown (Large) - 2 totaling in the amount of $110
l. Hot rod magazine (Latest Edition) - 2 totaling in the amount of $70
m. National Hot Rod Association (NHRA) Magazine (Latest Edition) - 2 totaling in the amount of $70
n. Cars Magazine (Latest Edition) - 2 totaling in the amount of $70
During an interview and record review on 10/18/22 at 1:01 PM, Social service Director (SSD) stated Resident 5's TV was in the conference room and the clothes and other items purchased were in her office. The SSD stated resident's personal belongings inventory did not show the lists of belongings acquired after admission and was not in the resident's closet.
During a record review on 10/20/22 at 1:29 PM there was no documentation that the items purchased was requested by Resident 5.
During an interview on 10/20/22 at 1:58 PM, the SSD stated she was not able to find any documentation that Resident 5 requested to purchase a TV.
During the same interview on 10/20/22 at 1:58 PM, SSD stated she was supposed to document purchases made for Resident 5 and what was received by the resident but did not. The SSD stated it was her responsibility to ensure Resident 5 and 50 were provided their right to know what was being bought out of their personal funds and should have received a copy of the invoice. The SSD further stated, she failed to provide resident's right.
A review of the facility's job description dated May 2008, titled Social Services Designee, indicated the purpose of the job position was to assure that the medically related emotional and social needs of the resident are met/maintained on an individual basis. The SSD's following job functions included:
a. Promoting/protecting resident rights.
d. Assisting in coordination of resident's financial affairs.
A review of the facility's policy revised December 2016, titled, Resident Rights, indicated the residents had the right to communication with and access to people and services, both inside and outside the facility and to be supported by the facility in exercising his or her rights. The policy also indicated that residents have the right to be free from misappropriation of property.
A review of the facility's policy revised April 2017, titled Accounting of Records of Residents Funds, indicated records will include copies of the resident's or representative's written permission for any non-covered items or services charged.
Based on observation, interview, and record review, the facility failed to limit charges on the personal funds of two of twelve sampled residents (Residents 50 and 5) by failing to:
1.
Ensure Resident 50 was informed and agreed to the facility staff to use Resident 50's personal funds prior to purchasing resident's personal clothing.
2.
Ensure the facility purchased items for Resident 5 were related to the necessary care for the resident, assess the personal needs of Resident 5 and determine the reasonable costs of items purchased in excessive amounts, prior to the facility staff purchasing items using the residents' personal funds without resident's consent to purchase such items.
These deficient practices violated the residents' rights related to the misuse of residents' personal funds by the facility due to the absence of any requests and consents of the residents and/or the responsible parties and may result to psychosocial harm.
Findings:
1. A review of Resident 50's admission Record indicated the resident was admitted to the facility on [DATE] with diagnoses including anxiety (a mental health disorder characterized by feelings of worry, anxiety, or fear that are strong enough to interfere with one's daily activities) disorder, major depressive order (a mood disorder that interferes with daily life), and anemia (a condition in which the body does not have enough healthy red blood cells that provide oxygen to body tissues).
A review of Resident 50's History and Physical (H&P) dated 9/23/21 indicated the resident had the capacity to understand and make decisions.
A review of Resident 50's Minimum Data Set (MDS- a care area screening and assessment tool) dated 8/10/22 indicated Resident 50 required limited assistance with transfers, toilet use and required extensive assistance (resident involved in activity, staff provide weight-bearing support) with bed mobility, transfer, dressing, toilet use, personal hygiene and required supervision (oversight, encouragement or cueing) with eating.
During an interview on 10/18/22 at 2:10 PM, Resident 50 stated when he was residing in Facility 1 few years ago, Resident 50 was receiving monthly funds or money in the amount of $60.00. Resident 50 stated since he was admitted to the facility, he did not know if he was currently receiving any funds/money or not.
During a concurrent interview and record review of Resident 50's Resident Fund Statement (statement of account) dated from 1/1/22 and 3/31/22, on 10/20/22 at 11:20 AM, the Business Office Manager (BOM) stated Resident 50 was not receiving petty cash nor monthly allowance. The BOM stated Resident 50 has ending balance of $1.03 as of 9/30/22.
During a concurrent interview and record review of Resident 50's Resident Statement Landscape (financial statement itemizing posted transactions in the trust account) dated from 12/23/20 to 10/3/22, on 10/20/22 at 11:23 AM, the BOM stated Resident 50 received a one-time money allowance on 12/23/20 in the amount of $325.09. The BOM stated, on 5/25/21, an amount of $324.12 was debited (deducted from the trust account as payment for services or goods) for Clothing and paid to Vendor 2. The BOM stated, the facility just found on 10/19/22 that Resident 50's clothing/belongings that was purchased on 5/25/21 were missing. The BOM stated they replaced the missing clothing and belongings on 10/19/22 and placed it inside Resident 50's closet.
A review of Resident 50's invoice amounting to $324.12, dated 6/1/22, indicated the purchase of the following:
a. Four (4)- T-Shirts (4XL)
b. Three (3)Lightweight Sweatpants (4XL)
c. Six (six)6-Socks, size 13 (per pair)
d. One (1)-Men's surge running shoes, size 12
During an interview on 10/20/22 at 1:51 PM, Resident 50 stated he was not aware he has clothing until the facility replaced those clothing on 10/19/22. Resident 50 stated, he did not ask and was not aware that the facility purchased clothing items for him using his funds/money. Resident 50 stated he was surprised and frustrated that he was not able to use his own clothing right after it was purchased.
During an interview on 10/21/22 12:03 PM, the BOM stated, the clothing was purchased in 2021, and possibly misplaced and got lost during room changes. The BOM stated Social Services Director (SSD) checked Resident 50's closet on 10/18/22 and did not find the clothing that were listed in Resident 50's inventory list and were purchased using Resident 50's money on 5/25/21. The BOM stated it was SSD responsibility if there were resident's clothes or belongings missing. The BOM stated the facility would be responsible in replacing resident's belongings that were lost in the facility. The BOM stated SSD will accept, handle the belongings and document it in the resident's inventory list during admission and need to be updated whenever there were new belongings.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Transfer Notice
(Tag F0623)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the facility failed to provide the Notice of Proposed Transfer/Discharge at least 30 days ...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the facility failed to provide the Notice of Proposed Transfer/Discharge at least 30 days before the resident was discharged to the General Acute Care Hospital (GACH), when the facility initiated an immediate transfer/discharge to nine (9) out of nine (Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86) justice involved residents (residents currently in custody and held involuntarily through operation of law enforcement authorities in an institution, which is the responsibility of a governmental unit or over which a governmental unit exercises administrative control) for placement purposes, on 10/19/2022.
The facility's Discharge Summaries indicated the facility discharged nine residents (Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86) to the GACH on the night of 10/19/2022 for evaluation. The facility's Departmental Notes indicated the nine residents (Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86) discharged to GACH were facility-initiated discharges (facility-initiated transfer or discharge is a transfer or discharge which the resident objects to, did not originate through a resident's verbal or written request, and/or is not in alignment with the resident's stated goals for care and preferences), due to intent deficiency issued by the DPH State Surveyors. As of 10/31/2022, all nine residents remained in the GACH waiting for facility placement under the skilled nursing level of care.
This deficient practice did not allow Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86 enough time to submit an appeal or demonstrate that the residents and their representatives understand the risks of initiating discharge that may potentially affect the resident's quality of life.
As a result, all nine residents incurred prolonged stay in the GACH, pending the acceptance to another facility to accept Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86 for skilled nursing facility level of care placement.
Findings:
On 10/18/22 at 8:32 AM, during the initial tour of the facility, concurrent interview and review of the facility's residents census dated 10/17/22 with the Director of Nurses (DON), the DON stated the facility had 92 residents residing in the facility. The DON stated Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86 were under a fictitious (not real or true) name to protect the resident's identity and for confidentiality. The DON stated Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86 admitted in the facility were all justice involved residents.
During the same interview, the VPO stated the facility will try to discharge all nine justice involved residents on 10/19/22.
On the next day, 10/20/22 at 6:24 AM, during an interview with the Assistant Administrator (AADM), AADM stated all nine justice involved residents (Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86) were transferred on the evening of 10/19/22 to the GACH for evaluation.
On 10/20/22 at 6:50 AM, during a concurrent interview and record review of the facility's resident census dated 10/20/22, the DON stated the facility had 82 in-house residents and 5 bed holds. The DON stated all nine justice involved residents were transferred to the GACH. When asked about the diagnosis and medical necessity for GACH transfer/discharge of Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86, the DON stated the nine residents were transferred for further evaluation and proper placement. The DON stated when asked if it was appropriate to transfer all nine justice involved residents to the GACH, the DON responded yes since all nine justice involved residents were all discharged from the same GACH prior to being admitted to their facility for skilled nursing care.
1. A review of Resident 79's Face Sheet (admission record) indicated an admission to the facility on 6/13/22 with diagnoses including insomnia (persistent problems falling and staying asleep) and personal history of COVID-19 ([Coronavirus] a disease that can triggers a respiratory [lung] tract infection affecting the upper respiratory tract [sinuses, nose, and throat] and/or lower respiratory tract [windpipe and lungs] the virus spreads mainly through person-to-person contact). The Face Sheet did not indicate a responsible party for Resident 79.
A review of Resident 79's History and Physical (H&P) dated 6/15/22 indicated the resident had the capacity to understand and make decisions.
A review of Resident 79's care plan for discharge planning dated 6/14/22 indicated a Short term care. Under care of Federal Law Enforcement Agency with the following goals: 1. Long term care: Resident unable to perform activities of daily living (ADLs), 2. To return to prior level of independent functioning, and 3. Short term care: Resident will be discharged to a lower level of care when independent in ADLs.
A review of Resident 79's Physician's Telephone Order dated 10/19/22 timed at 3:04 PM indicated Transfer to GACH for further evaluation.
A review of Resident 79's Notice of Proposed Transfer/Discharge indicated that the notice was provided to the resident on the day of the Physician's Telephone Order to transfer to the GACH on 10/19/22. The Notice indicated a Notification Date of 10/19/22 and an Effective Date of 10/19/22 indicated Resident 79 was transferred to GACH on 10/19/22 with the following reason: The transfer or discharge is necessary for your welfare and your need cannot be met in the facility. The Notice indicated If you intent to file an appeal of this transfer/discharge, it is important to do so within 10 calendar days of being notified. The decision regarding an appeal will normally be made within 30 days from the date of this Notice . The Notice further indicated The facility may not transfer or discharge the resident while the appeal is pending, unless the failure to discharge or transfer would endanger the health or safety of the resident or other individuals in the facility.
A review of Resident 79's handwritten Discharge summary dated [DATE], indicated Resident 79's Date of Discharge was 10/19/22. The Discharge Summary indicated the resident was transferred to GACH in fair
condition for evaluation. The physician signature of Resident 79's Discharge Summary was left blank.
A review of Resident's 79's Departmental Notes dates 10/20/22 timed at 12:10 AM indicated Resident transferred to GACH for evaluation and treatment. Informed state surveyor Team Coordinator due to intent deficiency issued.
2. A review of Resident 40's Face Sheet indicated an admission to the facility on 7/29/22 with diagnoses including Type 2 diabetes mellitus (chronic condition that affects the way the body processes blood sugar), chronic kidney disease (gradual loss of kidney function) and epilepsy (a disorder of the brain; disorder in which the brain activity becomes abnormal, causing seizures [sudden, uncontrolled electrical disturbance in the brain] or periods of unusual behavior, sensations and sometimes loss of awareness). The Face Sheet did not indicate a responsible party for Resident 40.
A review of Resident 40's H&P dated 8/31/22 indicated the resident had the capacity to understand and make decisions.
A review of Resident 40's care plan for discharge planning dated 7/29/22 indicated a Short term care. Under care of Federal Law Enforcement Agency with the following goals: 1. To return to prior level of independent functioning, and 2. Short term care: Resident will be discharged to a lower level of care when independent in ADLs.
A review of Resident 40's Interdisciplinary Team (group of people from different disciplines working collaboratively, with a common purpose, to set goals, make decisions and share resources and responsibilities) Conference Summary dated 10/13/22 indicated the discharge goal for Resident 40 was to go back to the Detention Center (DC-secure facility for inmates) when medically stable.
A review of Resident 40's Physician's Telephone Order dated 10/19/22 at 3:17 PM indicated Transfer to GACH for further evaluation.
A review of Resident 40's Departmental Notes dates 10/19/22 at 10:52 PM indicated Resident transferred to GACH for evaluation and treatment. Informed state surveyor Team Coordinator due to intent deficiency issued.
A review of Resident 40's handwritten Discharge summary dated [DATE], indicated Resident 40's Date of Discharge was 10/19/22. The Discharge Summary indicated the resident was transferred to GACH in fair condition for evaluation. The physician signature of Resident 40's Discharge Summary was left blank.
A review of Resident 40's Notice of Proposed Transfer/Discharge indicated that the notice was provided to the resident on the day of the Physician's Telephone Order to transfer to the GACH on 10/19/22. The Notice indicated a Notification Date of 10/19/22 and an Effective Date of 10/19/22. indicated Resident 40 was transferred to GACH on 10/19/22 with the following reason: The transfer or discharge is necessary for your welfare and your need cannot be met in the facility. The Notice indicated If you intent to file an appeal of this transfer/discharge, it is important to do so within 10 calendar days of being notified. The decision regarding an appeal will normally be made within 30 days from the date of this Notice . The Notice further indicated The facility may not transfer or discharge the resident while the appeal is pending, unless the failure to discharge or transfer would endanger the health or safety of the resident or other individuals in the facility.
3. A review of Resident 292's Face Sheet indicated an admission to the facility on [DATE] with diagnoses including Parkinson's disease (a brain disorder that causes unintended or uncontrollable movements such as shaking, stiffness, and difficulty with balance and coordination), essential hypertension (high blood pressure that does not have a known secondary cause) and anxiety disorder (a mental health disorder characterized by feelings of worry, anxiety, or fear that are strong enough to interfere with one's daily activities). The Face Sheet did not indicate a responsible party for Resident 292.
A review of Resident 292's H&P dated 10/13/22 indicated the resident had the capacity to understand and make decisions.
A review of Resident 292's Physician's Telephone Order dated 10/19/22 at 3:11 PM indicated Transfer to GACH for further evaluation.
A review of Resident 292's Interdisciplinary Team Care Conference Summary dated 8/3/22 indicated discharge goal for Resident 292 was to go back to the DC when medically stable.
A review of Resident 292's care plans did not indicate a discharge planning care plan in the resident's records.
A review of Resident 292's Notice of Proposed Transfer/Discharge indicated that the notice was provided to the resident on the day of the Physician's Telephone Order to transfer to the GACH on 10/19/22. The Notice indicated a Notification Date of 10/19/22 and an Effective Date of 10/19/22. indicated Resident 292 was transferred to GACH on 10/19/22 with the following reason: The transfer or discharge is necessary for your welfare and your need cannot be met in the facility. The Notice indicated If you intent to file an appeal of this transfer/discharge, it is important to do so within 10 calendar days of being notified. The decision regarding an appeal will normally be made within 30 days from the date of this Notice . The Notice further indicated The facility may not transfer or discharge the resident while the appeal is pending, unless the failure to discharge or transfer would endanger the health or safety of the resident or other individuals in the facility.
A review of Resident 292's handwritten Discharge summary dated [DATE], indicated Resident 292's Date of Discharge was 10/19/22. The Discharge Summary indicated the resident was transferred to GACH in fair condition for evaluation. The physician signature of Resident 292's Discharge Summary was left blank.
A review of Resident 292's Departmental Notes dates 10/20/22 timed at 12:05 PM indicated Resident transferred to GACH for evaluation and treatment. Informed state surveyor Team Coordinator due to intent deficiency issued.
4. A review of Resident 14's Face Sheet indicated an admission to the facility on 7/15/22 with diagnoses including essential hypertension, spinal stenosis (occurs when one or more bony openings within the spine begin to narrow and reduce space for the nerves) and depression (mental health disorder characterized by persistently depressed mood or loss of interest in activities, causing significant impairment in daily life.) The Face Sheet did not indicate a responsible party for Resident 14.
A review of Resident 14's H&P dated 8/31/22 indicated the resident has the capacity to understand and make decisions.
A review of Resident 14's care plan for discharge planning dated 8/22/22 indicated a Short term care. Under care of Federal Law Enforcement Agency with the following goals: 1. Resident will move to an appropriate level of care without complication and 2. To return to prior level of independent functioning.
A review of Resident 14's Physician's Telephone Order dated 10/19/22 at 2:59 PM indicated Transfer to GACH for further evaluation.
A review of Resident 14's Notice of Proposed Transfer/Discharge indicated that the notice was provided to the resident on the day of the Physician's Telephone Order to transfer to the GACH on 10/19/22. The Notice indicated a Notification Date of 10/19/22 and an Effective Date of 10/19/22. indicated Resident 14 was transferred to GACH on 10/19/22 with the following reason: The transfer or discharge is necessary for your welfare and your need cannot be met in the facility. The Notice indicated If you intent to file an appeal of this transfer/discharge, it is important to do so within 10 calendar days of being notified. The decision regarding an appeal will normally be made within 30 days from the date of this Notice . The Notice further indicated The facility may not transfer or discharge the resident while the appeal is pending, unless the failure to discharge or transfer would endanger the health or safety of the resident or other individuals in the facility.
A review of Resident's 14's Departmental Notes dates 10/19/22 timed at 9:45 PM indicated Resident transferred to GACH for evaluation and treatment. Informed state surveyor Team Coordinator due to intent deficiency issued.
A review of Resident 14's handwritten Discharge summary dated [DATE], indicated Resident 86's Date of Discharge was 10/19/22. The Discharge Summary indicated the resident was transferred to GACH in fair condition for evaluation. The physician signature of Resident 14's Discharge Summary was left blank.
5. A review of Resident 42's Face Sheet indicated an initial admission to the facility on 6/2/22 with diagnoses including anxiety disorder, chronic pain syndrome (pain that carries on for longer than 12 weeks despite medication or treatment) and malignant (destructive; cancerous) neoplasm (any growth that develops inside or on the body) of oropharynx (a disease in which malignant [cancer] cells form in the tissues of the oropharynx [middle part of the throat, behind the mouth]). The Face Sheet did not indicate a responsible party for Resident 42.
A review of Resident 42's H&P dated 5/10/22 indicated the resident had the capacity to understand and make decisions.
A review of Resident 42's Interdisciplinary Team Care Conference Summary dated 8/12/22 indicated discharge goal for Resident 42 was to go back to the DC when medically stable.
A review of Resident 42's care plan for discharge planning dated 8/12/22 indicated a Short term care. Under care of Federal Law Enforcement Agency with a goal for Resident 42 to move to an appropriate level of care without complication.
A review of Resident 42's Physician's Telephone Order dated 10/19/22 at 3:01 PM indicated Transfer to GACH for further evaluation.
A review of Resident 42's Notice of Proposed Transfer/Discharge indicated that the notice was provided to the resident on the day of the Physician's Telephone Order to transfer to the GACH on 10/19/22. The Notice indicated a Notification Date of 10/19/22 and an Effective Date of 10/19/22. indicated Resident 42 was transferred to GACH on 10/19/22 with the following reason: The transfer or discharge is necessary for your welfare and your need cannot be met in the facility. The Notice indicated If you intent to file an appeal of this transfer/discharge, it is important to do so within 10 calendar days of being notified. The decision regarding an appeal will normally be made within 30 days from the date of this Notice . The Notice further indicated The facility may not transfer or discharge the resident while the appeal is pending, unless the failure to discharge or transfer would endanger the health or safety of the resident or other individuals in the facility.
A review of Resident 342's handwritten Discharge summary dated [DATE], indicated Resident 86's Date of Discharge was 10/19/22. The Discharge Summary indicated the resident was transferred to GACH in fair condition for evaluation. The physician signature of Resident 342's Discharge Summary was left blank.
A review of Resident's 42's Departmental Notes dates 10/19/22 timed at 10:48 PM indicated Resident transferred to GACH for evaluation and treatment. Informed state surveyor Team Coordinator due to intent deficiency issued.
6. A review of Resident 342's Face Sheet indicated an initial admission to the facility on [DATE] with diagnoses including post-traumatic (a mental health condition that's triggered by a terrifying event) stress disorder, borderline personality (a mental health disorder that impacts the way you think and feel about yourself and others) disorder, and bipolar (a mental condition marked by alternating periods of elation and depression) disorder. The Face Sheet did not indicate a responsible party for Resident 342.
A review of Resident 342's H&P dated 10/13/22 indicated the resident had the capacity to understand and make decisions.
A review of Resident 342's Interdisciplinary Team Care Conference Summary dated 10/17/22 indicated discharge goal for Resident 292 was to go back to the jail when medically stable.
A review of Resident 342's Physician's Telephone Order dated 10/19/22 at 3:19 PM indicated Transfer to GACH for further evaluation.
A review of Resident 342's Notice of Proposed Transfer/Discharge indicated that the notice was provided to the resident on the day of the Physician's Telephone Order to transfer to the GACH on 10/19/22. The Notice indicated a Notification Date of 10/19/22 and an Effective Date of 10/19/22. indicated Resident 342 was transferred to GACH on 10/19/22 with the following reason: The transfer or discharge is necessary for your welfare and your need cannot be met in the facility. The Notice indicated If you intent to file an appeal of this transfer/discharge, it is important to do so within 10 calendar days of being notified. The decision regarding an appeal will normally be made within 30 days from the date of this Notice . The Notice further indicated The facility may not transfer or discharge the resident while the appeal is pending, unless the failure to discharge or transfer would endanger the health or safety of the resident or other individuals in the facility.
A review of Resident 342's handwritten Discharge summary dated [DATE], indicated Resident 342's Date of Discharge was 10/19/22. The Discharge Summary indicated the resident was transferred to GACH in fair condition for evaluation. The physician signature of Resident 342's Discharge Summary was left blank.
A review of Resident 342's Departmental Notes dates 10/20/22 at 11:47 PM indicated Resident transferred to GACH for evaluation and treatment. Informed state surveyor Team Coordinator due to intent deficiency issued.
7. A review of Resident 87's Face Sheet indicated an admission to the facility on 9/27/22 with diagnoses including anemia (a condition in which the body does not have enough healthy red blood cells that provide oxygen to body tissues), emphysema (a condition in which the air sacs of the lungs are damaged and enlarged, causing breathlessness), secondary malignant neoplasm of bone (cancer [a disease in which abnormal cells divide uncontrollably and destroy body tissue] started in another part of the body but spread to the bone) The Face Sheet did not indicate a responsible party for Resident 87.
A review of Resident 87's undated H&P indicated the resident had the capacity to understand and make decisions.
A review of Resident 87's Interdisciplinary Team Care Conference Summary dated 9/29/22 indicated discharge goal for Resident 87 was to go back to the DC when medically stable.
A review of Resident 87's care plan for discharge planning dated 9/29/22 indicated a Short term care. Under care of Federal Law Enforcement Agency with the following goals: 1. Resident will move to an appropriate level of care without complication and 2. Short term care: Resident will be discharged to a lower level of care when independent in ADLs.
A review of Resident 87's Physician's Telephone Order dated 10/19/22 at 3:14 PM indicated Transfer to GACH for further evaluation.
A review of Resident 87's Notice of Proposed Transfer/Discharge indicated that the notice was provided to the resident on the day of the Physician's Telephone Order to transfer to the GACH on 10/19/22. The Notice indicated a Notification Date of 10/19/22 and an Effective Date of 10/19/22. indicated Resident 87 was transferred to GACH on 10/19/22 with the following reason: The transfer or discharge is necessary for your welfare and your need cannot be met in the facility. The Notice indicated If you intent to file an appeal of this transfer/discharge, it is important to do so within 10 calendar days of being notified. The decision regarding an appeal will normally be made within 30 days from the date of this Notice . The Notice further indicated The facility may not transfer or discharge the resident while the appeal is pending, unless the failure to discharge or transfer would endanger the health or safety of the resident or other individuals in the facility.
A review of Resident's 87's Departmental Notes dates 10/19/22 timed at 7:52 PM indicated Resident transferred to GACH for evaluation and treatment. Informed state surveyor Team Coordinator due to intent deficiency issued.
A review of Resident 87's handwritten Discharge summary dated [DATE], indicated Resident 87's Date of Discharge was 10/19/22. The Discharge Summary indicated the resident was transferred to GACH in fair condition for evaluation. The physician signature of Resident 87's Discharge Summary was left blank.
8. A review of Resident 76's Face Sheet indicated an initial admission to the facility on 6/29/22 with diagnoses including unspecified part of neck of femur (region just below the ball of the hip joint), phalanx (bone located between the first joint and center knuckle) of right mid finger, shaft of right tibia (middle of right big bone between knee and ankle), fracture (broken bone). The Face Sheet did not indicate a responsible party for Resident 76.
A review of Resident 76's H&P dated 10/13/22, indicated the resident had the capacity to understand and make decisions.
A review of Resident 76's care plan for discharge planning dated 10/12/22 indicated a Short term care. Under care of Federal Law Enforcement Agency without goals and interventions specified.
A review of Resident 76's Interdisciplinary Team Care Conference Summary dated 10/13/22 indicated discharge goal for Resident 76 was to go back to the DC when medically stable.
A review of Resident 76's Physician's Telephone Order dated 10/19/22 at 3:08 PM indicated Transfer to GACH for further evaluation was ordered by DR 1.
A review of Resident's 76's Departmental Notes dates 10/19/22 timed at 9:54 PM indicated Resident transferred to GACH for evaluation and treatment. Informed state surveyor Team Coordinator due to intent deficiency issued.
A review of Resident 76's Notice of Proposed Transfer/Discharge indicated that the notice was provided to the resident on the day of the Physician's Telephone Order to transfer to the GACH on 10/19/22. The Notice indicated a Notification Date of 10/19/22 and an Effective Date of 10/19/22. indicated Resident 76 was transferred to GACH on 10/19/22 with the following reason: The transfer or discharge is necessary for your welfare and your need cannot be met in the facility. The Notice indicated If you intent to file an appeal of this transfer/discharge, it is important to do so within 10 calendar days of being notified. The decision regarding an appeal will normally be made within 30 days from the date of this Notice . The Notice further indicated The facility may not transfer or discharge the resident while the appeal is pending, unless the failure to discharge or transfer would endanger the health or safety of the resident or other individuals in the facility.
A review of Resident 76's handwritten Discharge summary dated [DATE], indicated Resident 76's Date of Discharge was 10/19/22. The Discharge Summary indicated the resident was transferred to GACH in fair condition for evaluation. The physician signature of Resident 76's Discharge Summary was left blank.
9. A review of Resident 86's Face Sheet indicated an admission to the facility on 9/17/22 with diagnoses including suicidal ideations (thinking about or planning suicide), muscle weakness and traumatic subcutaneous (applied under the skin), emphysema (a condition in which air becomes trapped under the subcutaneous layer of the skin). The Face Sheet did not indicate a responsible party for Resident 86.
A review of Resident 86's H&P dated 9/20/22 indicated the resident had the capacity to understand and make decisions.
A review of Resident 86's care plan for discharge planning dated 9/21/22 indicated a Short term care. Under care of Federal Law Enforcement Agency with the following goals: 1. Resident will move to an appropriate level of care without complication and 2. To return to prior level of independent functioning.
A review of Resident 86's Physician's Telephone Order dated 10/19/22 at 2:54 PM indicated Transfer to GACH for further evaluation.
A review of Resident 86's Notice of Proposed Transfer/Discharge indicated that the notice was provided to the resident on the day of the Physician's Telephone Order to transfer to the GACH on 10/19/22. The Notice indicated a Notification Date of 10/19/22 and an Effective Date of 10/19/22. indicated Resident 86 was transferred to GACH on 10/19/22 with the following reason: The transfer or discharge is necessary for your welfare and your need cannot be met in the facility. The Notice indicated If you intent to file an appeal of this transfer/discharge, it is important to do so within 10 calendar days of being notified. The decision regarding an appeal will normally be made within 30 days from the date of this Notice . The Notice further indicated The facility may not transfer or discharge the resident while the appeal is pending, unless the failure to discharge or transfer would endanger the health or safety of the resident or other individuals in the facility.
A review of Resident's 86's Departmental Notes dates 10/19/22 timed at 9:22 PM indicated Resident transferred to GACH for evaluation and treatment. Informed state surveyor Team Coordinator due to intent deficiency issued.
A review of Resident 86's handwritten Discharge summary dated [DATE], indicated Resident 86's Date of Discharge was 10/19/22. The Discharge Summary indicated the resident was transferred to GACH in fair condition for evaluation. The physician signature of Resident 86's Discharge Summary was left blank.
During a conference meeting via TEAMS (allows users to communicate via text, chat, voice or video call from home or office) on 10/20/22 at 9:41 AM, attended by Department of Public Health (DPH), the ADM, the DON, the VPO, Quality Assurance Consultant (QA Consultant) and the Marketing Director (MKD), MKD stated all nine justice involved residents were transferred to the GACH on 10/19/22 at around 6:30 PM. MKD stated all nine justice involved residents will not return to the facility. MKD stated the Federal Law Enforcement Agency signed the transfer paperwork (discharge papers), but all nine justice involved residents were informed.
During the same conference meeting, MKD stated the reason for discharge the GACH was due to resident's rights and physical restraints (any device attached or adjacent to the body that cannot be easily removed and restricts freedom of movement) findings for the nine justice involved residents. MKD stated due to the Federal Law Enforcement Agency's policy and procedures, the facility was not able to provide and follow the Centers for Medicare & Medicaid Services (CMS-a federal agency within the United States Department of Health and Human Services) regulations and guidelines. MKD stated the facility was not allowed and cannot remove the nine resident's hand cuffs and shackles for safety reasons. MKD stated the discharge of the nine residents would be better and safer for all residents and staff in the facility.
During the same conference meeting, MKD stated all nine justice involved residents were given the Notice of Transfer/Discharge forms three (3) to four (4) hours before all nine justice involved residents were transferred to the GACH. MKD stated, the residents would not be on bed hold since the nine residents were paying privately.
During an interview on 10/20/22 at 2:46 PM, the Social Services Director (SSD) stated for facility initiated discharges, residents and/or responsible parties (RP) should be given enough time to appeal. The SSD stated MKD would be the one involved with the justice involved residents' discharge planning. The SSD stated she was not in the facility during the time of the discharges of the nine justice involved residents that is why nothing were documented in the SSD notes about the discharge on [DATE].
During an interview on 10/20/22 at 5:58 PM with the ADM and the DON, in the presence of the VPO and AADM, VPO stated during non-emergency transfer and discharge, resident can always appeal the discharge and should be given enough time to appeal. ADM stated upon admission, justice involved residents were informed that they were admitted for physical therapy (PT-evaluate and treat abnormal physical function related to an injury, disability, or other health condition to improve residents' range of movement, quality of life and prevent further injury or disability), once their condition improved, Justice Involved Residents will go back to jail. The VPO stated that Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86's transfer to GACH was considered as discharge since the facility was aware that all the nine justice involved residents were not coming back to the facility.
A review of an email communication from the GACH representative dated 10/31/22
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Assessment Accuracy
(Tag F0641)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the facility failed to ensure that the Minimum Data Set (MDS, a standardized assessment an...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the facility failed to ensure that the Minimum Data Set (MDS, a standardized assessment and care-screening tool) was coded accurately for seven (7) out of 44 sampled residents (Residents 79, 40, 14, 42, 87, 76, and 86).
During the facility's Annual Health Recertification Survey, the facility applied physical restraints (any device attached or adjacent to the body that cannot be easily removed and restricts freedom of movement) with a locking device (handcuffs, leg cuffs and shackles) to seven justice involved residents (Residents 79, 40, 14, 42, 87, 76, and 86) as directed by a Federal Law Enforcement Agency upon admission to the facility but were not accurately reflected in Residents 79, 40, 14, 42, 87, 76, and 86's MDS transmitted to the Center of Medicare and Medicaid Service (CMS).
This deficient practice had the potential for the resident not to receive treatment, plan of care and/or care services.
Findings:
During the facility's initial tour and observation at the facility's hallway on 10/18/22 at 8:05 AM, and a concurrent interview with Private Security Officer (PSO) 4, stated that all justice involved residents were always chained to the bed, with either handcuffs or shackle (something that confines the legs or arms; one of a pair of metal rings connected by a chain and fastened to a person's wrists or the bottoms of the legs to prevent the person from escaping), except when these residents are going for Physical Therapy or to the bathroom.
During an interview on 10/18/22 at 8:10 AM, PSO 5 stated all justice involved residents were physically restrained to their beds.
On 10/18/22 at 8:32 AM, during the initial tour of the facility, concurrent interview and review of the facility's residents census dated 10/17/22 with the DON, the DON stated the facility had 92 residents residing in the facility. The DON stated Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86 were under a fictitious (not real or true) name to protect the resident's identity and for confidentiality. The DON stated Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86 admitted in the facility were all justice involved residents.
1. During an observation on 10/18/22 at 8:35 AM, Resident 86's room door was open, and Resident 86 was visible from outside the residents' room. Resident 86 was observed with a right-handcuff restraint attached to the bed.
During an interview on 10/18/22 at 9:20 AM, while outside Resident 86's room, PSO 1 stated all justice involved residents walk around in the facility accompanied by two PSOs when they go to physical therapy. PSO 1 stated all justice involved residents were restrained to their bed with hand cuffs (two metal rings, joined by a short chain, that are locked around wrist(s) to prevent free movement). PSO 1 stated every justice involved residents were different when it comes to the number of hand cuffs is applied. PSO 1 stated he was not allowed to tell the DPH state surveyor on how many handcuffs Resident 86 had.
A review of Resident 86's Face Sheet (admission record) indicated an admission to the facility on 9/17/22.
A review of Resident 86's electronic admission Minimum Data Set (MDS- a care area screening and assessment tool) dated 9/21/22 indicated Resident 86 required limited assistance with transfers, toilet use and required total dependence (full staff performance every time during entire 7-day period) with dressing, required limited assistance with transfer and toilet use. The MDS indicated Resident 86 required supervision with bed mobility, eating and personal hygiene. The MDS indicated under Section P (Restraints), P0100, Physical Restraints, Used in bed and Used in Chair or Out of Bed, was coded 0 (not used), meaning Resident 86 did not have/use any limb restraint.
A review of Resident 86's Physician's Orders for the month of October 2022, indicated there were no physician orders for the use of physical restraints while in the facility.
A review of Resident 86's care plan for restraints dated 10/14/22 indicated Resident 86 was at risk for injury and needs physical restraint due to the [Federal Law Enforcement Agency] policy with the following interventions: 1. Apply restraint per [Federal Law Enforcement Agency] policy, 2. [NAME] per [Federal Law Enforcement Agency] policy and 3. Hand cuffs per [Federal Law Enforcement Agency] policy.
2. A review of Resident 79's Face Sheet indicated an admission to the facility on 6/13/22.
A review of Resident 79's electronic quarterly MDS dated [DATE] indicated Resident 79 required supervision (oversight, encouragement or cueing) during bed mobility, transfer, dressing, eating, toilet use and personal hygiene. The MDS indicated under Section P (Restraints), P0100, Physical Restraints, Used in bed and Used in Chair or Out of Bed, was coded as 0 (not used), meaning Resident 79 did not have/use any limb restraint.
A review of Resident 79's Physician's Orders for the month of October 2022, indicated there were no physician orders for the use of physical restraints while in the facility.
A review of Resident 79's care plan for restraints dated 10/14/22 indicated Resident 79 was at risk for injury and needs physical restraint due to [Federal Law Enforcement Agency] policy with the following interventions: 1. Apply restraint per [Federal Law Enforcement Agency] policy, 2. [NAME] per [Federal Law Enforcement Agency] policy and 3. Hand cuffs per [Federal Law Enforcement Agency] policy.
3. On 10/18/22 at 9:26 AM, during a concurrent observation and interview with PSO 2, in the presence of PSO 3, Resident 87 was lying on his bed with a metal locking leg cuffs applied to both legs and secured to the foot part of the bed. PSO 2 stated Resident 87 was restrained on both legs with steel iron chain that is secured to the bed. PSO 2 stated justice involved residents wears handcuffs but since Resident 87 was very fragile, they do not apply it to Resident 87 all the time. PSO 2 stated they would remove both physical restraints to both legs during Resident 87's shower, toileting, and physical therapy.
A review of Resident 87's Face Sheet indicated an admission to the facility on 9/27/22.
A review of Resident 87's electronic admission MDS dated [DATE] indicated Resident 87 required limited assistance (resident highly involved in activity; staff provide guided maneuvering of limbs or other non-weight bearing assistance) with bed mobility, transfer, toilet use, personal hygiene and required supervision with dressing and eating. The MDS indicated under Section P (Restraints), P0100, Physical Restraints, Used in bed and Used in Chair or Out of Bed, was coded 0 (not used), meaning Resident 87 did not have/use any limb restraint.
A review of Resident 87's Physician's Orders for the month of October 2022, indicated there were no physician orders for the use of physical restraints while in the facility.
A review of Resident 87's care plan for restraints dated 10/14/22 indicated Resident 87 was at risk for injury and needs physical restraint due to [Federal Law Enforcement Agency] policy with the following interventions: 1. Apply restraint per [Federal Law Enforcement Agency] policy, 2. [NAME] per [Federal Law Enforcement Agency] policy and 3. Hand cuffs per [Federal Law Enforcement Agency] policy.
4. A review of Resident 40's Face Sheet indicated an admission to the facility on 7/29/22.
A review of Resident 40's electronic admission MDS dated [DATE] indicated Resident 40 required limited assistance (resident highly involved in activity; staff provide guided maneuvering of limbs or other non-weight bearing assistance) with bed mobility, transfer, dressing, toilet use, personal hygiene and required supervision during eating. The MDS indicated under Section P (Restraints), P0100, Physical Restraints, Used in bed and Used in Chair or Out of Bed, was coded 0 (not used), meaning Resident 40 did not have/use any limb restraint.
A review of Resident 40's Physician's Orders for the month of October 2022, indicated there were no physician orders for the use of physical restraints while in the facility.
A review of Resident 40's care plan for physical device dated 8/1/22 indicated Resident 40 has handcuffs when in bed and out of bed with an intervention to review need for device. restraint possible discontinuation, reduction, less restrictive measures, or continuation of use regularly.
A review of Resident 40's care plan for restraints dated 10/14/22 indicated Resident 40 was at risk for injury and needs physical restraint due to [Federal Law Enforcement Agency] policy with the following interventions: 1. Apply restraint per [Federal Law Enforcement Agency] policy, 2. [NAME] per [Federal Law Enforcement Agency] and 3. Hand cuffs per [Federal Law Enforcement Agency] policy.
5. A review of Resident 14's Face Sheet indicated an admission to the facility on 7/15/22.
A review of Resident 14's electronic admission MDS dated [DATE] indicated Resident 14 required extensive assistance (resident involved in activity, staff provide weight-bearing support) with bed mobility, transfer, dressing, toilet use, personal hygiene and required supervision during eating. The MDS indicated under Section P (Restraints), P0100, Physical Restraints, Used in bed and Used in Chair or Out of Bed, was coded 0 (not used), meaning Resident 14 did not have/use any limb restraint.
A review of Resident 14's Physician's Orders for the month of October 2022, indicated there were no physician orders for the use of physical restraints while in the facility.
A review of Resident 14's care plan for restraints dated 10/14/22 indicated Resident 14 was at risk for injury and needs physical restraint due to [Federal Law Enforcement Agency] policy with the following interventions: 1. Apply restraint per [Federal Law Enforcement Agency] policy, 2. [NAME] per [Federal Law Enforcement Agency] policy and 3. Hand cuffs per [Federal Law Enforcement Agency] policy.
6. During an interview on 10/18/22 at 8 AM in the presence of three (3) Private Security Officers (PSOs), Resident 42 stated that his AP ordered for Resident 42 to be chained to the bed. Resident 42 stated the reason why he was not chained to the bed that time was because he was going to an outside appointment. Resident 42 stated he was always chained on bed and the PSOs will remove it during physical therapy (PT-evaluate and treat abnormal physical function related to an injury, disability, or other health condition to improve residents' range of movement, quality of life and prevent further injury or disability) and bathroom breaks.
A review of Resident 42's Face Sheet indicated an initial admission to the facility on 6/2/22.
A review of Resident 42's electronic admission MDS dated [DATE] indicated Resident 42 required supervision with bed mobility, transfer, dressing, eating, toilet use and personal hygiene. The MDS indicated under Section P (Restraints), P0100, Physical Restraints, Used in bed and Used in Chair or Out of Bed, was coded 0 (not used), meaning Resident 42 did not have/use any limb restraint.
A review of Resident 42's Physician's Orders for the month of October 2022, indicated there were no physician orders for the use of physical restraints while in the facility.
A review of Resident 42's care plan for restraints dated 10/14/22 indicated Resident 42 was at risk for injury and needs physical restraint due to [Federal Law Enforcement Agency] policy with the following interventions: 1. Apply restraint per [Federal Law Enforcement Agency] policy, 2. [NAME] per [Federal Law Enforcement Agency] policy and 3. Hand cuffs per [Federal Law Enforcement Agency] policy.
7. A review of Resident 76's Face Sheet indicated an initial admission to the facility on 6/29/22.
A review of Resident 76's electronic admission MDS dated [DATE] indicated Resident 76 required supervision with bed mobility, transfer, dressing, toilet use, and personal hygiene. The MDS indicated under Section P (Restraints), P0100, Physical Restraints, Used in bed and Used in Chair or Out of Bed, was coded 0 (not used), meaning Resident 76 did not have/use any limb restraint.
A review of Resident 76's Physician's Orders for the month of October 2022, indicated there were no physician orders for the use of physical restraints while in the facility.
A review of Resident 76's care plan for restraints dated 10/14/22 indicated Resident 76 was at risk for injury and needs physical restraint due to [Federal Law Enforcement Agency] policy with the following interventions: 1. Apply restraint per [Federal Law Enforcement Agency] policy, 2. [NAME] per [Federal Law Enforcement Agency] policy and 3. Hand cuffs per [Federal Law Enforcement Agency] policy.
On 10/18/22 at 12:33 PM, during a concurrent interview and review of seven (7) justice involved resident's MDS, the DON stated the MDS were not coded accurately in seven (7) justice involved residents (Residents 79, 40, 14, 42, 87, 76, and 86) since the facility did not consider the handcuffs, leg cuffs, and shackles as physical restraints upon admission of justice involved residents in the facility. The DON stated the facility recently discussed that the facility would consider the handcuffs, leg cuffs, and shackles as physical restraints moving forward.
During the same interview on 10/18/22 at 12:33 PM, during a concurrent interview and review of all justice involved residents' electronic medical records, the DON stated that all seven (7) nine justice involved residents' MDS coding for physical restraints were only initiated and documented between 10/14/22 and 10/17/22, which were a few days before the state surveyors arrived in the facility.
During an interview on 10/18/22 at 12:43 PM, the DON stated physical restraints were considered as part of the resident's status assessment and should be coded in the MDS.
During an interview on 10/18/22 at 1:28 PM, the DON stated the facility was not able to provide the Department of Public Health (DPH) surveyors copies of MDS transmitted to CMS for the seven (7) justice involved residents as requested. The DON stated the facility was still asking and waiting for the Federal Law Enforcement Agency Supervisor's approval/permission for the DPH surveyors to obtain copies of the justice involved residents' medical records.
During an interview on 10/20/22 at 2:16 PM, MDS Nurse stated he was the one who answered and completed all justice involved residents' MDS sections and the DON signed it off. The MDS stated hand cuffs, leg cuffs and shackles that can restrict resident's movement were applied by the Federal Law Enforcement Agency officers for federal reasons. The MDS stated he would have coded the restraints as 2 (used daily) and not 0 but the MDS Nurse was told by the facility consultants that it was not supposed to be coded since justice involved residents' physical restraints were not a necessity but for federal reasons. The MDS Nurse stated it was not until the facility staff reviewed the real definition of restraints and concluded hand cuffs, leg cuffs and shackles used by the seven (7) justice involved residents whose MDS were already completed and transmitted, were considered as a physical restraint. The MDS stated he amended, modified, and coded the MDS for the seven (7) justice involved residents on 10/17/22 to 10/18/22, then re-submitted it to the Centers for Medicare and Medicaid Services (CMS-a federal agency within the United States Department of Health and Human Services).
A review of the facility's policy and procedure titled Resident Assessments revised in November 2018 indicated the following:
1. The Resident Assessment Coordinator is responsible for ensuring that the Interdisciplinary Team conducts timely and appropriate resident assessments and reviews according to the following requirements:
a. Omnibus Budget Reconciliation Act (OBRA-Nursing Reform Act, set forth specific health and safety rules that nursing homes and nursing home staff members must follow to protect nursing home residents) required assessments-conducted for all residents in the facility:
(1) Initial Assessment (Comprehensive)-Conducted within fourteen (14) days of the resident's admission to the facility.
(2) Quarterly Assessment-Conducted not less frequently than three (3) months following the most recent OBRA assessment of any type.
(3) Significant Change in Status Assessment (Comprehensive)-Conducted when there has been a significant change in the resident's condition.
(4) Annual Assessment (Comprehensive)-Conducted not less than once every twelve (12) months.
2. A comprehensive assessment includes:
a. Completion of the Minimum Data Set (MDS)
3.All resident assessment completed within the previous 15 months are maintained in the resident's active clinical record. The results of the assessment are used to develop, review and revise the resident's comprehensive care plan.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0679
(Tag F0679)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview and record review, facility failed to provide an activity program to support the residents in th...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview and record review, facility failed to provide an activity program to support the residents in their choice of activities, that can support resident's physical, emotional and psychosocial well- being, and promote self- esteem for nine (Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86) out of 10 sampled residents.
This deficient practice violated resident's rights and had the potential for Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86 a decreased quality of life causing boredom, withdrawal, frustration resulting in distress, agitation and suicidal ideation.
Findings:
On 10/18/22 at 8:32 AM, during the initial tour of the facility, concurrent interview with the DON and review of the facility's residents census dated 10/17/22, the DON stated the facility had 92 residents residing in the facility. The DON stated Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86 were under a fictitious (not real or true) name to protect the resident's identity and for confidentiality. The DON stated Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86 admitted in the facility were all justice involved residents (residents currently in custody and held involuntarily through operation of law enforcement authorities in an institution, which is the responsibility of a governmental unit or over which a governmental unit exercise administrative control).
On 10/18/2022 at 9:26 AM, Private Security Officer (PSO) 2 stated that two PSOs were assigned to supervise each of the nine justice involved residents in the facility. PSO 2 stated there were three working shifts per day, 8 hours per shift. PSO 2 stated Justice Involved Residents needs 24-hour supervision, to keep an eye on Justice Involved Residents daily activities. PSO 2 stated the justice involved residents were not allowed to eat in the facility's dining room and do everything inside the resident's room. PSO 2 stated justice involved residents' contact with the public were very limited and were only allowed to go outside the resident's room during physical therapy (PT-evaluate and treat abnormal physical function related to an injury, disability, or other health condition to improve residents' range of movement, quality of life and prevent further injury or disability).
1. On 10/18/22 at 9:29 AM, during a concurrent observation and interview with Resident 87, in the presence of PSO 2 and PSO 3, Resident 87 was observed lying on his bed with a metal locking leg cuffs applied to both legs and secured to the foot part of the bed. Resident 87 stated he was not allowed to receive visitors or go outside of the room except during PT.
A review of Resident 87's Face Sheet (admission record) indicated the resident was admitted to the facility on [DATE] with diagnoses including anemia (a condition in which the body does not have enough healthy red blood cells that provide oxygen to body tissues), emphysema (a condition in which the air sacs of the lungs are damaged and enlarged, causing breathlessness), secondary malignant neoplasm of bone (cancer [a disease in which abnormal cells divide uncontrollably and destroy body tissue] started in another part of the body but spread to the bone)
A review of Resident 87's undated History and Physical (H&P) indicated the resident had the capacity to understand and make decisions.
A review of Resident 87's Minimum Data Set (MDS- a care area screening and assessment tool) dated 8/23/22 indicated Resident 42 required limited assistance (resident highly involved in activity; staff provide guided maneuvering of limbs or other non-weight bearing assistance) with bed mobility, transfer, toilet use, personal hygiene and required supervision with dressing and eating.
A review of Resident 87's untitled care plan dated 9/28/22, indicated facility cannot provide activity to inmates per US Marshals (Federal law enforcement) policy with an intervention to provide care as per US Marshals policy as long as it does not interfere with daily function and time, and monitor for signs and symptoms of anxiety and report to medical doctor if behavior interferes with daily function.
A review of Resident 87's care plan for activity/psychosocial wellbeing dated 9/28/22, indicated As per US Marshal; policy, resident under their care are not allowed for social activities. The care plan indicated an intervention to post activity calendar within resident site.
2. A review of Resident 86's Face Sheet indicated the resident was admitted to the facility on [DATE] with diagnoses including suicidal ideations (thinking about or planning suicide), muscle weakness and traumatic subcutaneous (applied under the skin), emphysema (a condition in which air becomes trapped under the subcutaneous layer of the skin).
A review of Resident 86's H&P dated 9/20/22 indicated the resident had the capacity to understand and make decisions.
A review of Resident 86's MDS dated [DATE] indicated Resident 86 required limited assistance with transfers, toilet use and required total dependence (full staff performance every time during entire 7-day period) with dressing, required limited assistance with transfer and toilet use. The MDS indicated Resident 86 required supervision with bed mobility, eating and personal hygiene.
A review of Resident 86's untitled care plan dated 10/10/22, indicated facility cannot provide activity to inmates (a person confined to an institution such as a prison or hospital) per US Marshals policy with an intervention to provide care as per US Marshals policy as long as it does not interfere with daily function and time, and monitor for signs and symptoms of anxiety and report to medical doctor if behavior interferes with daily function.
A review of Resident 86's care plan for cognitive loss/communication dated 9/20/22, indicated the resident has cognitive and communication deficit manifested by modified independence decision making, problem understanding others related to his diagnosis of schizophrenia (a disorder that affects a person's ability to think, feel and behave clearly). The care plan indicated an intervention to provide resident activities that enhance abilities, reinforce strengths and maximize deficits.
A review of Resident 86's care plan for psychotropic medication (a drug that affects behavior, mood, thoughts, or perception) dated 9/20/22, indicated Resident 86 requires the use of antipsychotic medication (drug used to treat psychotic disorders) with an intervention for regular, predictable routines with pleasant activities.
A review of Resident 86's care plan for behavior dated 9/20/22, indicated Resident 86 needs behavior management related to Resident 86's diagnosis of depression (a mental health disorder characterized by persistently depressed mood or loss of interest in activities, causing significant impairment in daily life) manifested by suicidal ideation. The care plan indicated an intervention to encourage Resident 86 to participate in activities.
3. A review of Resident 79's Face Sheet indicated the resident was admitted to the facility on [DATE] with diagnoses including insomnia (persistent problems falling and staying asleep) and personal history of COVID-19 ([Coronavirus] a disease that can triggers a respiratory [lung] tract infection affecting the upper respiratory tract [sinuses, nose, and throat] and/or lower respiratory tract [windpipe and lungs] the virus spreads mainly through person-to-person contact).
A review of Resident 79's H&P dated 6/15/22 indicated the resident had the capacity to understand and make decisions.
A review of Resident 79's MDS dated [DATE] indicated Resident 79 required supervision (oversight, encouragement, or cueing) during bed mobility, transfer, dressing, eating, toilet use and personal hygiene.
A review of Resident 79's untitled care plan dated 6/14/22, indicated facility cannot provide activity to inmates per US Marshals policy with an intervention to provide care as per US Marshals policy as long as it does not interfere with daily function and time, and to monitor for signs and symptoms of anxiety and report to medical doctor if behavior interferes with daily function.
A review of Resident 79's care plan for psychosocial dated 6/14/22 indicated Resident 79 had alterations in psychosocial functions as manifested by changes in roles/status/relocation and feeling of isolation from family and community friends with an intervention to attend activities of choice.
4. A review of Resident 40's Face Sheet indicated an admission to the facility on 7/29/22 with diagnoses including Type 2 diabetes mellitus (chronic condition that affects the way the body processes blood sugar), chronic kidney disease (gradual loss of kidney function) and epilepsy (a disorder of the brain; disorder in which the brain activity becomes abnormal, causing seizures [sudden, uncontrolled electrical disturbance in the brain] or periods of unusual behavior, sensations and sometimes loss of awareness).
A review of Resident 40's H&P dated 8/31/22 indicated the resident had the capacity to understand and make decisions.
A review of Resident 40's MDS dated [DATE] indicated Resident 40 required limited assistance with bed mobility, transfer, dressing, toilet use, personal hygiene and required supervision during eating.
A review of Resident 40's untitled care plan dated 8/1/22, indicated facility cannot provide activity to inmates per US Marshals policy with an intervention to provide care as per US Marshals policy as long as it does not interfere with daily function and time, and to monitor for signs and symptoms of anxiety and report to medical doctor if behavior interferes with daily function.
A review of Resident 40's care plan for cognitive loss/communication dated 8/1/22, indicated Resident 40 has cognitive and communication deficits as manifested by modified independence with decision-making with Activities of Daily Livings (ADLs) and at risk for further decline/needs not being met with an intervention to encourage choice of care, clothes, and activity as capable, and place resident in activities that enhance his/her abilities, reinforce strengths, and maximize deficits,
5. A review of Resident 292's Face Sheet indicated the resident was admitted to the facility on [DATE] with diagnoses including Parkinson's disease (a brain disorder that causes unintended or uncontrollable movements such as shaking, stiffness, and difficulty with balance and coordination), essential hypertension (high blood pressure that does not have a known secondary cause) and anxiety disorder (a mental health disorder characterized by feelings of worry, anxiety, or fear that are strong enough to interfere with one's daily activities).
A review of Resident 292's H&P dated 10/13/22 indicated the resident had the capacity to understand and make decisions.
A review of Resident 292's untitled care plan dated 10/12/22, indicated facility cannot provide activity to inmates per US Marshals policy with an intervention to 1. Provide care as per US Marshals policy as long as it does not interfere with daily function and time, and to monitor for signs and symptoms of anxiety and report to medical doctor if behavior interferes with daily function.
6. A review of Resident 14's Face Sheet indicated the resident was admitted to the facility on [DATE] with diagnoses including essential hypertension, spinal stenosis (occurs when one or more bony openings within the spine begin to narrow and reduce space for the nerves) and depression (mental health disorder characterized by persistently depressed mood or loss of interest in activities, causing significant impairment in daily life.)
A review of Resident 14's H&P dated 8/31/22 indicated the resident has the capacity to understand and make decisions.
A review of Resident 14's MDS dated [DATE] indicated Resident 40 required extensive assistance (resident involved in activity, staff provide weight-bearing support) with bed mobility, transfer, dressing, toilet use, personal hygiene and required supervision during eating.
A review of Resident 14's untitled care plan dated 8/19/22, indicated facility cannot provide activity to inmates per US Marshals policy with an intervention to provide care as per US Marshals policy as long as it does not interfere with daily function and time, and to monitor for signs and symptoms of anxiety and report to medical doctor if behavior interferes with daily function.
7. A review of Resident 42's Face Sheet indicated the resident was admitted to the facility on [DATE] with diagnoses including anxiety disorder, chronic pain syndrome (pain that carries on for longer than 12 weeks despite medication or treatment) and malignant (destructive; cancerous) neoplasm (any growth that develops inside or on the body) of oropharynx (a disease in which malignant [cancer] cells form in the tissues of the oropharynx [middle part of the throat, behind the mouth]).
A review of Resident 42's H&P dated 5/10/22 indicated the resident had the capacity to understand and make decisions.
A review of Resident 42's MDS dated [DATE] indicated Resident 42 required supervision with bed mobility, transfer, dressing, eating, toilet use and personal hygiene.
A review of Resident 42's untitled care plan dated 6/6/22, indicated facility cannot provide activity to inmates per US Marshals policy with an intervention to provide care as per US Marshals policy as long as it does not interfere with daily function and time, and to monitor for signs and symptoms of anxiety and report to medical doctor if behavior interferes with daily function.
8. A review of Resident 342's Face Sheet indicated the resident was admitted to the facility on [DATE] with diagnoses including post-traumatic (a mental health condition that's triggered by a terrifying event) stress disorder, borderline personality (a mental health disorder that impacts the way you think and feel about yourself and others) disorder, and bipolar (a mental condition marked by alternating periods of elation and depression) disorder.
A review of Resident 342's H&P dated 10/13/22 indicated the resident had the capacity to understand and make decisions.
A review of Resident 342's untitled care plan dated 10/14/22, indicated facility cannot provide activity to inmates per US Marshals policy with an intervention to provide care as per US Marshals policy as long as it does not interfere with daily function and time, and to monitor for signs and symptoms of anxiety and report to medical doctor if behavior interferes with daily function.
A review of Resident 342's care plan for behavior dated 10/14/22, indicated Resident 342 needs behavior management due to Resident 342's diagnosis of depression with an intervention to involve Resident 342 in daily activity of choice or needed, as allowed.
9. A review of Resident 76's Face Sheet indicated the resident was admitted to the facility on [DATE] with diagnoses including unspecified part of neck of femur (region just below the ball of the hip joint), phalanx (bone located between the first joint and center knuckle) of right mid finger, shaft of right tibia (middle of right big bone between knee and ankle), fracture (broken bone).
A review of Resident 76's H&P dated 10/13/22, indicated the resident had the capacity to understand and make decisions.
A review of Resident 76's MDS dated [DATE] indicated Resident 76 required supervision with bed mobility, transfer, dressing, toilet use, and personal hygiene.
A review of Resident 76's untitled care plan dated 10/13/22, indicated facility cannot provide activity to inmates per US Marshals policy with an intervention to provide care as per US Marshals policy as long as it does not interfere with daily function and time, and to monitor for signs and symptoms of anxiety and report to medical doctor if behavior interferes with daily function.
A review of Resident 76's care plan for activity/psychosocial wellbeing dated 10/17/22, indicated As per US Marshal; policy, resident under their care are not allowed for social activities. The care plan indicated an intervention to post activity calendar within resident site.
During an interview on 10/18/22 at 9 AM, PSO 6 stated that state surveyors cannot enter the justice involved resident's rooms and would not answer any more questions about the justice involved residents.
During an interview with PSO 1, on 10/18/22 at 9:20 AM, PSO 1 stated for all the other needs of the justice involved residents, the facility staff need to go through the Federal Law Enforcement Agency approval which included visitations, activities, and other special requests.
During an interview on 10/18/22 at 2:47 PM, the DON stated all justice involved residents were not allowed to go in the facility's common area like patios, dining room and activity room for the safety of other residents and staff.
During an interview on 10/18/22 at 2:51 PM, Activities Director (AD) stated all justice involved residents were not allowed to go to the facility's Dining and Activity Room. The AD stated she was not allowed to offer and provide justice involved residents with books or anything that can harm themselves and other people in the facility. The AD stated she asked the Federal Law Enforcement agent what the justice involved residents can do aside from watching TV inside their rooms, and the response AD received was nothing (no other activities).
During an observation on 10/18/22 between the hours of 8:23 AM to 5 PM, all justice involved residents were observed inside their rooms with their doors closed with two security personnel (Federal Law Enforcement agent or PSOs) watching and monitoring each resident. The nine justice involved residents were not observed coming outside their rooms or going inside the facility's Dining and Activity Rooms.
A review of a Memorandum (a short note designating something to be remembered, especially something to be done or acted upon in the future) addressed to the facility and MKD, titled Policy and Procedures for Inmates in Nursing Home Facilities, dated 8/20/2021, signed by the Federal Law Enforcement Deputy and written in the Federal Law Enforcement letterhead indicated the following information:
- Every client (inmate) that resides in a nursing home facility will be always accompanied by security staff (24 hours).
- For a client (inmate) to participate in an extra activity, it must be pre-approved by the (Federal Law Enforcement Agency). Clients will not be able to participate in any activity which involved non-custodial (a person found guilty of a crime or offense and punishment does not involve going to prison) members of the Skilled Nursing Facility.
A review of a Memorandum from the Centers for Medicare & Medicaid Services (CMS-a federal agency within the United States Department of Health and Human Services) titled Updated Guidance to Surveyors on Federal Requirements for Providing Services to Justice Involved Individuals revised in 12/23/16 indicated, Skilled Nursing Facilities (SNFs) and Nursing Facilities (NFs), as residential environments, must permit residents to have autonomy and choice, to the maximum extent practicable regarding how they wish to live their everyday lives and receive care. Federal statutes and regulations establish an array of individual rights and safeguards. Nursing homes cannot impose conditions or restrictions that undetermined resident rights and protections required by federal law .Resident rights in the nursing home include but are not limited to the right to choose activities, schedules, and health care consistent with his or her interests, assessments and plans of care. Also, nursing home residents must not only be able to exercise their rights as residents of the facility and as citizens of the United Sates, but also have the right to be free of interference, coercion, discrimination, or reprisal from the facility in exercising those rights. https://www.cms.gov/Medicare/Provider-Enrollment-and-Certification/SurveyCertificationGenInfo/Policy
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Quality of Care
(Tag F0684)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview, and record review, the facility failed to provide the necessary care and treatment for nine out of nine (Res...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview, and record review, the facility failed to provide the necessary care and treatment for nine out of nine (Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86) justice involved residents (residents currently in custody and held involuntarily through operation of law enforcement authorities in an institution, which is the responsibility of a governmental unit or over which a governmental unit exercises administrative control) residing in the facility in accordance with the facility's policy and procedures (P&P) by failing to:
1. Ensure facility staff assessed and monitored nine (Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86) justice involved residents for any possible skin breakdown and injury while on physical restraints (any device attached or adjacent to the body that cannot be easily removed and restricts freedom of movement) upon admission to the facility, which included handcuffs and shackles applied to the wrists and ankles.
2. Ensure a comprehensive care plan for the nine (Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86) justice involved residents were developed to prevent skin breakdown and circulation impairment were developed upon application and due to the use of the physical restraints in the facility.
These deficient practices had the potential to cause serious skin breakdown, injuries, and circulatory impairment to the nine residents with physical restraints applied while in the facility.
Findings:
During the facility's initial tour and observation at the facility's hallway on 10/18/22 at 8:05 AM, and a concurrent interview with Private Security Officer (PSO) 4, stated that all justice involved residents were always chained to the bed, with either handcuffs or shackle (something that confines the legs or arms; one of a pair of metal rings connected by a chain and fastened to a person's wrists or the bottoms of the legs to prevent the person from escaping), except when these residents are going for Physical Therapy or to the bathroom.
During an interview on 10/18/22 at 8:10 AM, PSO 5 stated all justice involved residents were physically restrained to their beds.
On 10/18/22 at 8:32 AM, during the initial tour of the facility, concurrent interview and review of the facility's residents census dated 10/17/22 with the DON, the DON stated the facility had 92 residents residing in the facility.
The DON stated Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86 were under a fictitious (not real or true) name to protect the resident's identity and for confidentiality. The DON stated Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86 admitted in the facility were all justice involved residents.
On 10/18/2022 at 12:16 PM, the DON stated the DPH state surveyors were not allowed to access all justice involved residents' paper resident's records and physical charts without the Federal Law Enforcement Agency Supervisor's approval.
1. During an observation on 10/18/22 at 8:35 AM, Resident 86's room door was open, and Resident 86 was visible from outside the residents' room. Resident 86 was observed with a right-handcuff restraint attached to the bed.
During an interview on 10/18/22 at 9:20 AM, while outside Resident 86's room, PSO 1 stated all justice involved residents walk around in the facility accompanied by two PSOs when they go to physical therapy. PSO 1 stated all justice involved residents were restrained to their bed with hand cuffs (two metal rings, joined by a short chain, that are locked around wrist(s) to prevent free movement). PSO 1 stated every justice involved residents were different when it comes to the number of hand cuffs is applied. PSO 1 stated he was not allowed to tell the DPH state surveyor on how many handcuffs Resident 86 had.
A review of Resident 86's Face Sheet indicated an admission to the facility on 9/17/22.
A review of Resident 86's History and Physical (H&P) dated 9/20/22 indicated the resident had the capacity to understand and make decisions.
A review of Resident 86's Minimum Data Set (MDS- a care area screening and assessment tool) dated 9/21/22 indicated Resident 86 required limited assistance with transfers, toilet use and required total dependence (full staff performance every time during entire 7-day period) with dressing, required limited assistance with transfer and toilet use.
A review of Resident 86's Physician's Orders for the month of October 2022, indicated there were no physician orders for the use of physical restraints and skin monitoring while on physical restraints.
A review of Resident 86's Physician's Telephone Order dated 10/18/22, indicated attending physician (AP) 1 ordered to monitor Resident 86's skin integrity and circulation due to use of shackles/handcuffs and notify medical doctor for any signs of skin breakdown.
A review of Resident 86's care plan for restraints dated 10/14/22 indicated Resident 86 was at risk for injury and needs physical restraint due to the [Federal Law Enforcement Agency] policy with the following interventions:
1. Apply restraint per [Federal Law Enforcement Agency] policy, 2. [NAME] per [Federal Law Enforcement Agency] policy, 3. Hand cuffs per [Federal Law Enforcement Agency] policy, and 4. Monitor skin integrity every shift, notify medical doctor for any sign of skin breakdown.
A review of Resident 86's Treatment Administration Record (TAR) and Medication Administration Record (MAR) for the month of October 2022, indicated there was no monitoring of Resident 86's skin integrity and circulation and was only initiated on 10/18/22 when the DPH state surveyors arrived.
On 10/18/22 at 12:33 PM, during a concurrent interview and record review of Resident 86's medical records (nurses notes, care plans, progress notes, medication administration records), the DON stated there were no documented evidence of ongoing monitoring and reevaluation for the continued use of restraints for Resident 86. The DON stated, there were no physician's order for physical restraints and monitoring for skin integrity and circulation while the resident was on physical restraints.
2. A review of Resident 79's Face Sheet (admission record) indicated an admission to the facility on 6/13/22.
A review of Resident 79's History and Physical (H&P) dated 6/15/22 indicated the resident had the capacity to understand and make decisions.
A review of Resident 79's MDS dated [DATE] indicated Resident 79 required supervision (oversight, encouragement or cueing) during bed mobility, transfer, dressing, eating, toilet use and personal hygiene.
A review of Resident 79's Physician's Orders for the month of October 2022, indicated there were no physician orders for the use of physical restraints and skin monitoring while on physical restraints.
A review of Resident 79's Physician's Telephone Order dated 10/18/22, indicated AP 1 ordered to monitor Resident 86's skin integrity and circulation due to use of shackles/handcuffs and notify medical doctor for any signs of skin breakdown.
A review of Resident 79's care plan for restraints dated 10/14/22 indicated Resident 79 was at risk for injury and needs physical restraint due to [Federal Law Enforcement Agency] policy with the following interventions: 1. Apply restraint per [Federal Law Enforcement Agency] policy, 2. [NAME] per [Federal Law Enforcement Agency] policy, 3. Hand cuffs per [Federal Law Enforcement Agency] policy and 4. Monitor skin integrity every shift, notify medical doctor for any sign of skin breakdown.
A review of Resident 79's TAR and MAR for the month of October 2022, indicated there was no monitoring of Resident 76's skin integrity and circulation and was only initiated when the state surveyors arrived on 10/18/22.
On 10/18/22 at 12:33 PM, during a concurrent interview and record review of Resident 76's medical records (nurses notes, care plans, progress notes, medication administration records), the DON stated there were no documented evidence of ongoing monitoring and reevaluation for the continued use of restraints for Resident 76. The DON stated, there were no physician's order for physical restraints and monitoring for skin integrity and circulation while the resident was on physical restraints.
3. On 10/18/22 at 9:26 AM, during a concurrent observation and interview with PSO 2, in the presence of PSO 3, Resident 87 was lying on his bed with a metal locking leg cuffs applied to both legs and secured to the foot part of the bed. PSO 2 stated Resident 87 was restrained on both legs with steel iron chain that is secured to the bed. PSO 2 stated justice involved residents wears handcuffs but since Resident 87 was very fragile, they do not apply it to Resident 87 all the time. PSO 2 stated they would remove both physical restraints to both legs during Resident 87's shower, toileting, and physical therapy.
A review of Resident 87's Face Sheet indicated an admission to the facility on 9/27/22.
A review of Resident 87's undated H&P indicated the resident had the capacity to understand and make decisions.
A review of Resident 87's MDS dated [DATE] indicated Resident 42 required limited assistance (resident highly involved in activity; staff provide guided maneuvering of limbs or other non-weight bearing assistance) with bed mobility, transfer, toilet use, personal hygiene and required supervision with dressing and eating.
A review of Resident 87's MDS dated [DATE] indicated Resident 87 required limited assistance (resident highly involved in activity; staff provide guided maneuvering of limbs or other non-weight bearing assistance) with bed mobility, transfer, toilet use, personal hygiene and required supervision with dressing and eating.
A review of Resident 87's Physician's Orders for the month of October 2022, indicated there were no physician orders for the use of physical restraints and skin monitoring while on physical restraints.
A review of Resident 87's Physician's Telephone Order dated 10/18/22, indicated AP 1 ordered to monitor Resident 87's skin integrity and circulation due to use of shackles/handcuffs and notify medical doctor for any signs of skin breakdown.
A review of Resident 87's care plan for restraints dated 10/14/22 indicated Resident 87 was at risk for injury and needs physical restraint due to [Federal Law Enforcement Agency] policy with the following interventions: 1. Apply restraint per [Federal Law Enforcement Agency] policy, 2. [NAME] per [Federal Law Enforcement Agency] policy, 3. Hand cuffs per [Federal Law Enforcement Agency] policy and 4. Monitor skin integrity every shift, notify medical doctor for any sign of skin breakdown.
A review of Resident 87's TAR and MAR for the month of October 2022, indicated there was no monitoring of Resident 87's skin integrity and was only initiated when the state surveyors arrived on 10/18/22.
On 10/18/22 at 12:33 PM, during a concurrent interview and record review of Resident 87's medical records (nurses notes, care plans, progress notes, medication administration records), the DON stated there were no documented evidence of ongoing monitoring and reevaluation for the continued use of restraints for Resident 87. The DON stated, there were no physician's order for physical restraints and monitoring for skin integrity and circulation while the resident was on physical restraints.
4. A review of Resident 40's Face Sheet indicated an admission to the facility on 7/29/22.
A review of Resident 40's H&P dated 8/31/22 indicated the resident had the capacity to understand and make decisions.
A review of Resident 40's MDS dated [DATE] indicated Resident 40 required limited assistance (resident highly involved in activity; staff provide guided maneuvering of limbs or other non-weight bearing assistance) with bed mobility, transfer, dressing, toilet use, personal hygiene and required supervision during eating.
A review of Resident 40's Physician's Orders for the month of October 2022, indicated there were no physician orders for the use of physical restraints and skin monitoring while on physical restraints.
A review of Resident 40's Physician's Telephone Order dated 10/18/22, indicated DR 1 ordered to monitor Resident 40's skin integrity and circulation due to use of shackles/handcuffs and notify medical doctor for any signs of skin breakdown.
A review of Resident 40's care plan for physical device dated 8/1/22 indicated Resident 40 has handcuffs when in bed and out of bed with an intervention to: 1. Do visual check at least every shift for circulation, 2. Provide protective skin care, 3. Monitor skin condition, and 4. Monitor for potential adverse effects/complications with device/restraint use, report to medical doctor if noted.
A review of Resident 40's care plan for restraints dated 10/14/22 indicated Resident 40 was at risk for injury and needs physical restraint due to [Federal Law Enforcement Agency] policy with the following interventions: 1.
Apply restraint per [Federal Law Enforcement Agency] policy, 2. [NAME] per [Federal Law Enforcement Agency] policy, 3. Hand cuffs per [Federal Law Enforcement Agency] policy and 4. Monitor skin integrity every shift, notify medical doctor for any sign of skin breakdown.
A review of Resident 40's TAR and MAR for the month of October 2022, indicated there was no monitoring of Resident 40's skin integrity and circulation due to the use of physical restraints and was only initiated when the state surveyors arrived on 10/18/22.
On 10/18/22 at 12:33 PM, during a concurrent interview and record review of Resident 40's medical records (nurses notes, care plans, progress notes, medication administration records), the DON stated there were no documented evidence of ongoing monitoring and reevaluation for the continued use of restraints for Resident 40. The DON stated, there were no physician's order for physical restraints and monitoring for skin integrity and circulation while the resident was on physical restraints.
5. A review of Resident 292's Face Sheet indicated an admission to the facility on [DATE].
A review of Resident 292's H&P dated 10/13/22 indicated the resident had the capacity to understand and make decisions
A review of Resident 292's Physician's Orders for the month of October 2022, indicated there were no physician orders for the use of physical restraints and skin monitoring while on physical restraints.
A review of Resident 292's Physician's Orders for the month of October 2022, indicated there were no physician orders for skin monitoring, circulation, skin and wound treatment due to the use of physical restraint.
A review of Resident 292's Physician's Telephone Order dated 10/18/22, indicated AP 1 ordered to monitor Resident 292's skin integrity and circulation due to the use of shackles/handcuffs and notify medical doctor for any signs of skin breakdown.
A review of Resident 292's care plan for restraints dated 10/14/22 indicated Resident 292 was at risk for injury and needs physical restraint due to [Federal Law Enforcement Agency] policy with the following interventions: 1. Apply restraint per [Federal Law Enforcement Agency] policy, 2. [NAME] per [Federal Law Enforcement Agency] policy, 3. Hand cuffs per [Federal Law Enforcement Agency] policy and 4. Monitor skin integrity every shift, notify medical doctor for any sign of skin breakdown.
A review of Resident 292's Shower Day Inspection form dated 10/19/22, indicated Resident 292 had shackles placed on Resident 292's right leg. The form indicated Resident 292's both lower extremities had redness spots.
A review of Resident 292's TAR and MAR for the month of October 2022, indicated there was no monitoring of Resident 40's skin integrity and circulation due to the use of physical restraints and was only initiated when the state surveyors arrived on 10/18/22.
On 10/18/22 at 12:33 PM, during a concurrent interview and record review of Resident 292's medical records (nurses notes, care plans, progress notes, medication administration records), the DON stated there were no documented evidence of ongoing monitoring and reevaluation for the continued use of restraints for Resident 292. The DON stated, there were no physician's order for physical restraints and monitoring for skin integrity and circulation while the resident was on physical restraints.
6. A review of Resident 14's Face Sheet indicated an admission to the facility on 7/15/22.
A review of Resident 14's H&P dated 8/31/22 indicated the resident has the capacity to understand and make decisions.
A review of Resident 14's MDS dated [DATE] indicated Resident 14 required extensive assistance (resident involved in activity, staff provide weight-bearing support) with bed mobility, transfer, dressing, toilet use, personal hygiene and required supervision during eating.
A review of Resident 14's Physician's Orders for the month of October 2022, indicated there were no physician orders for the use of physical restraints and skin monitoring while on physical restraints.
A review of Resident 14's Physician's Telephone Order dated 10/18/22, indicated DR 1 ordered to monitor Resident 14's skin integrity and circulation due to use of shackles/handcuffs and notify medical doctor for any signs of skin breakdown.
A review of Resident 14's care plan for restraints dated 10/14/22 indicated Resident 14 was at risk for injury and needs physical restraint due to [Federal Law Enforcement Agency] policy with the following interventions: 1. Apply restraint per [Federal Law Enforcement Agency] policy, 2. [NAME] per [Federal Law Enforcement Agency] policy, 3. Hand cuffs per [Federal Law Enforcement Agency] policy and 4. Monitor skin integrity every shift, notify medical doctor for any sign of skin breakdown.
A review of Resident 14's TAR and MAR for the month of October 2022, indicated there was no monitoring of Resident 14's skin integrity and circulation due to the use of physical restraints and was only initiated when the state surveyors arrived on 10/18/22. not until 10/18/22 when the state surveyors arrived.
On 10/18/22 at 12:33 PM, during a concurrent interview and record review of Resident 14's medical records (nurses notes, care plans, progress notes, medication administration records), the DON stated there were no documented evidence of ongoing monitoring and reevaluation for the continued use of restraints for Resident 14. The DON stated, there were no physician's order for physical restraints and monitoring for skin integrity and circulation while the resident was on physical restraints.
7. A review of Resident 42's Face Sheet indicated an initial admission to the facility on 6/2/22.
A review of Resident 42's H&P dated 5/10/22 indicated the resident had the capacity to understand and make decisions.
A review of Resident 42's MDS dated [DATE] indicated Resident 42 required supervision with bed mobility, transfer, dressing, eating, toilet use and personal hygiene.
A review of Resident 42's Physician's Orders for the month of October 2022, indicated there were no physician orders for the use of physical restraints and skin monitoring while on physical restraints.
A review of Resident 42's Physician's Telephone Order dated 10/18/22, indicated DR 1 ordered to monitor Resident 42's skin integrity and circulation due to use of shackles/handcuffs and notify medical doctor for any signs of skin breakdown.
A review of Resident 42's care plan for restraints dated 10/14/22 indicated Resident 42 was at risk for injury and needs physical restraint due to [Federal Law Enforcement Agency] policy with the following interventions: 1. Apply restraint per [Federal Law Enforcement Agency] policy, 2. [NAME] per [Federal Law Enforcement Agency] policy, 3. Hand cuffs per [Federal Law Enforcement Agency] policy and 4. Monitor skin integrity every shift, notify medical doctor for any sign of skin breakdown.
During an interview on 10/18/22 at 8 AM in the presence of three (3) Private Security Officers (PSOs), Resident 42 stated that his AP ordered for Resident 42 to be chained to the bed. Resident 42 stated the reason why he was not chained to the bed that time was because he was going to an outside appointment. Resident 42 stated he was always chained on bed and the PSOs will remove it during physical therapy (PT-evaluate and treat abnormal physical function related to an injury, disability, or other health condition to improve residents' range of movement, quality of life and prevent further injury or disability) and bathroom breaks.
A review of Resident 42's TAR and MAR for the month of October 2022, indicated there was no monitoring of Resident 42's skin integrity and circulation due to the use of physical restraints and was only initiated when the state surveyors arrived on 10/18/22.
On 10/18/22 at 12:33 PM, during a concurrent interview and record review of Resident 42's medical records (nurses notes, care plans, progress notes, medication administration records), the DON stated there were no documented evidence of ongoing monitoring and reevaluation for the continued use of restraints for Resident 42. The DON stated, there were no physician's order for physical restraints and monitoring for skin integrity and circulation while the resident was on physical restraints.
8. A review of Resident 342's Face Sheet indicated an initial admission to the facility on [DATE].
A review of Resident 342's H&P dated 10/13/22 indicated the resident had the capacity to understand and make decisions.
A review of Resident 342's Physician's Orders for the month of October 2022, indicated there were no physician orders for the use of physical restraints skin monitoring while on physical restraints.
A review of Resident 42's Physician's Telephone Order dated 10/18/22, indicated DR 1 ordered to monitor Resident 42's skin integrity and circulation due to use of shackles/handcuffs and notify medical doctor for any signs of skin breakdown.
A review of Resident 42's TAR and MAR for the month of October 2022, indicated there was no monitoring of Resident 42's skin integrity and circulation due to the use of physical restraints and was only initiated when the state surveyors arrived on 10/18/22.
A review of Resident 342's care plan for restraints dated 10/14/22 indicated Resident 342 was at risk for injury and needs physical restraint due to [Federal Law Enforcement Agency] policy with the following interventions: 1. Apply restraint per [Federal Law Enforcement Agency] policy, 2. [NAME] per [Federal Law Enforcement Agency] policy, 3. Hand cuffs per [Federal Law Enforcement Agency] policy and 4. Monitor skin integrity every shift, notify medical doctor for any sign of skin breakdown.
A review of Resident 342's TAR and MAR for the month of October 2022, indicated there was no monitoring of Resident 342's skin integrity and circulation due to the use of physical restraints and was only initiated when the state surveyors arrived on 10/18/22.
On 10/18/22 at 12:33 PM, during a concurrent interview and record review of Resident 342's medical records (nurses notes, care plans, progress notes, medication administration records), the DON stated there were no documented evidence of ongoing monitoring and reevaluation for the continued use of restraints for Resident 342. The DON stated, there were no physician's order for physical restraints and monitoring for skin integrity and circulation while the resident was on physical restraints.
9. A review of Resident 76's Face Sheet indicated an initial admission to the facility on 6/29/22.
A review of Resident 76's H&P dated 10/13/22, indicated the resident had the capacity to understand and make decisions.
A review of Resident 76's MDS dated [DATE] indicated Resident 76 required supervision with bed mobility, transfer, dressing, toilet use, and personal hygiene.
A review of Resident 76's Physician's Orders for the month of October 2022, indicated there were no physician orders for the use of physical restraints skin monitoring while on physical restraints.
A review of Resident 76's Physician's Telephone Order dated 10/18/22, indicated DR 1 ordered to monitor Resident 76's skin integrity and circulation due to use of shackles/handcuffs and notify medical doctor for any signs of skin breakdown.
A review of Resident 76's care plan for restraints dated 10/14/22 indicated Resident 76 was at risk for injury and needs physical restraint due to [Federal Law Enforcement Agency] policy with the following interventions: 1. Apply restraint per [Federal Law Enforcement Agency] policy, 2. [NAME] per [Federal Law Enforcement Agency] policy and 3. Hand cuffs per [Federal Law Enforcement Agency] policy.
A review of Resident 76's TAR and MAR for the month of October 2022, indicated there was no monitoring of Resident 76's skin integrity and circulation due to the use of physical restraints and was only initiated when the state surveyors arrived on 10/18/22.
On 10/18/22 at 12:33 PM, during a concurrent interview and record review of Resident 76's medical records (nurses notes, care plans, progress notes, medication administration records), the DON stated there were no documented evidence of ongoing monitoring and reevaluation for the continued use of restraints for Resident 76. The DON stated, there were no physician's order for physical restraints and monitoring for skin integrity and circulation while the resident was on physical restraints.
On 10/18/22 at 12:33 PM, during the concurrent interview and review of all nine justice involved residents' electronic medical records, the DON stated skin monitoring were only initiated between few days ago (10/14/18) and when the state surveyors arrived in the facility (10/18/22). The DON stated there were no monitoring for skin integrity due to the use of physical restraints in all nine justice involved residents' TAR and MAR. The DON stated residents on physical restraints should have skin monitoring and must be documented in MAR or TAR.
During the same interview on 10/18/22 at 12:33 PM, the DON stated the facility did not consider the handcuffs, leg cuffs, and shackles as physical restraints upon admission of justice involved residents in the facility. The DON stated the facility recently discussed that the facility would consider the handcuffs, leg cuffs, and shackles as physical restraints moving forward. The DON stated skin monitoring should be documented and reflect in either TAR and/or MAR regardless of if the physician's order was on paper or electronic chart/medical records.
During an interview on 10/19/22 at 7:02 AM, CNA 1 stated justice involved residents were cuffed/restrained. CNA 1 stated it was the treatment nurses who checks justice involved resident's skin and treatment nurses would sometimes put bandages on justice involved resident's skin with physical restraint. CNA 1 stated the facility staff does not have keys to the locked physical restraints.
During an interview on 10/19/22 at 7:11 AM, CNA 2 stated all justice involved residents have metal handcuffs and leg cuffs applied to them and attached to their beds. CNA 2 stated she does not check justice involved resident's skin, sometimes justice involved resident's does not want CNA 2 to check justice involved resident's skin. CNA 2 stated she does not check justice involved resident's wrist or foot area; it was the treatment nurse who does the skin monitoring. CNA 2 stated the facility staff does not have keys to the locked physical restraints.
During an interview on 10/19/22 at 7:22 AM, Treatment Nurse (TXN) 1 stated she does skin assessment to all residents and assessed for skin discoloration, skin injury and other reportable skin issues. TXN 1 stated some justice involved residents had dermatology (skin) issues like itchiness that needed treatment, wound consult and some justice involved residents had existing wounds that been resolved before discharged . TXN 1 stated Resident 86 was handcuffed and shackled. TXN 1 stated Resident 87 was handcuffed. TXN 1 stated facility staff do not have keys to all justice involved residents including treatment and/or wound nurses. TXN 1 stated shackles rubbed the resident's skin and if TXN 1 noticed some redness, TXN 1 would apply foam dressing (wound dressing) but will need permission from Federal Law Enforcement since TXN 1 did not have keys to justice involved resident's physical restraints and was not allowed to remove the physical restraints. TXN 1 stated she will notify the AP and/or the dermatologist (a medical doctor who specializes in conditions that affect the skin, hair and nails) for any skin issues that needs treatment. TXN 1 stated she does not see all justice involved residents regularly if there are no wound/skin issues. TXN 1 stated there were no order for regular skin monitoring or evaluation of skin breakdown for use of physical restraints. TXN 1 stated We do not do such thing and most justice involved residents were alert and able to verbally report to the staff if they have skin problems and issues caused by physical restraints. TXN 1 stated she could not find documented evidence of skin monitoring for physical restraints use in the TAR for the nine justice involved residents.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0761
(Tag F0761)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview and record review, the facility failed to ensure the safe storage of medications for one of two ...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview and record review, the facility failed to ensure the safe storage of medications for one of two medication rooms (Medication room [ROOM NUMBER]) inspected. The facility had multiple expired medications not destructed and one opened bottle of vitamin not labeled when it was opened.
These deficient practices had the potential for residents to receive expired medications and experience adverse reactions.
Findings:
During an inspection of Medication room [ROOM NUMBER] with the Director of Nursing (DON) on 10/19/22 at 9:17 AM, the following were observed:
a.One erythromycin (medication used to treat infection) ophthalmic (relating to the eye) ointment, expiration date of 1/3/21
b.One E-Kit with the following expired medications:
i.one lorazepam intensol (medication used to treat anxiety) oral spray 2 milligram (mg, a unit of measurement)/milliliter (ml, unit of measurement), expiration date of 4/2022
ii.one atropine sulfate 1% solution [used before eye examinations to dilate (open) the pupil, the black part of the eye through which you see], expiration date of 10/2021,
iii.one bisacodyl (medication used to treat constipation) 10 mg suppository (rectally), expiration date of 3/2022.
c.One bottle of haloperidol (medication used to treat mental illness) 2 mg/ml concentration 120 ml, expiration date of 6/30/22
d.One nitroglycerine (medication used to treat episodes of chest pain) 0.4 mg/tablet, expiration date of 6/2018
e.one bottle of Ultra B-100 Complex (nutritional supplement) 100 tablets, opened with no date when it was opened.
During an interview on 10/19/22 at 9:46 AM, DON stated all expired medications need to be destructed and should not be kept in the medication room.
A review of facility's policy and procedure (P&P) titled, Storage of Medications, revised 4/2019, indicated discontinued or outdated (expired) medications were returned to the dispensing pharmacy or destroyed.
A review of facility's P&P titled, Administering Medications, revised 4/2019, indicated when opening a multi-dose container, the date opened was recorded on the container.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0804
(Tag F0804)
Could have caused harm · This affected multiple residents
Based on observation, interview, and record review, the facility failed to prepare and serve food according to the facility's menu. The facility's menu indicated to add a garnish to make the meal attr...
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Based on observation, interview, and record review, the facility failed to prepare and serve food according to the facility's menu. The facility's menu indicated to add a garnish to make the meal attractive (refers to the appearance of the food when served to residents) and appetizing to the residents.
This deficient practice had a potential for residents to not want to eat the food served which could lead to weight loss.
Findings:
During a tray line observation for breakfast on 10/20/22 at 7:09 AM, the breakfast trays were observed presented with two (2) slices of toast and an omelet. There were no garnishes as indicated on the meal menu on the residents' breakfast plates.
During an interview on 10/20/22 at 7:09 AM, a Dietary [NAME] (DC) stated they had no parsley or fruits to garnish the meals because the facility ran out and had not received any new delivery.
During a follow up interview on 10/20/22 at 7:47 AM, DC stated she liked to garnish residents' food because the plate looked better and would appeal to the residents to eat more, when the plate looked nice.
A review of the facility's Fall Menu Cook's Spreadsheet for week 3 of 9/22/22, 10/20/22 and 11/17/22, indicated for a parsley sprig garnish.
A review of the facility's policy and procedure titled, Fall Menus Cooks Spreadsheet, indicated a parsley sprig garnish for regular diets.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0813
(Tag F0813)
Could have caused harm · This affected multiple residents
Based on observation, interview, record review, the facility failed to follow proper sanitation and food handling practices as indicated in the facility's policies and procedures when:
1)Lemonade spo...
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Based on observation, interview, record review, the facility failed to follow proper sanitation and food handling practices as indicated in the facility's policies and procedures when:
1)Lemonade spout nozzle prepared on 10/18/22 was observed touching the kitchen counter.
2)Dietary cook (DC) failed to perform hand hygiene when plating residents' meal after stepping away to do another task.
These deficient practices have the potential to result in food borne illness (infection or irritation of the gastrointestinal tract caused by food or beverages that contain harmful bacteria, parasites, viruses, or chemicals; symptoms include vomiting, diarrhea, abdominal pain, fever, and chills) to 92 Residents in the facility, which could lead to other serious medical complications and hospitalizations.
Findings:
(1) During a kitchen observation on 10/18/22 at 8 am, a clear container full of prepared lemonade was seen sitting on top of the kitchen counter with the spout touching the countertop.
During an interview on 10/18/22 at 8:10 am, the Dietary Supervisor (DS) stated it will need to be discarded because the spout dispenser was touching the counter and should not be used anymore to prevent food borne illness.
During an interview on 10/18/22 at 8:10 am, the tray liner personnel confirmed the lemonade was prepared on 10/18/22 as shown on the sticker attached to the container.
(2) During an observation and interview on 10/20/22 at 7:46 am, DC was seen plating residents' breakfast during tray line wearing gloves. DC was observed stepping away to obtain Styrofoam bowl in the dry storage room and returned using the same gloves. DC was not observed removing the gloves, perform hand washing, or putting on a new pair of gloves while she resumed plating the remaining plates.
During the same observation and interview on 10/20/22 at 7:46 am, the DC did not to perform hand hygiene or change her gloves between tasks in the presence of the DS.
During an interview on 10/20/22 at 7:50 am, DS stated it is important to perform handwashing and put a new pair of gloves between tasks to avoid cross contaminating (the process by which bacteria or other microorganisms are unintentionally transferred from one substance or object to another, with harmful effect) resident's food.
A review of the facility's Policy and Procedure (P&P) titled, Food Preparation and Services, revised in April 2019, indicated that food and nutrition service employees are to prepare and serve food in a manner that complies with safe food handling practices. The P&P indicated food preparation staff to adhere to proper hygiene and sanitary practices to prevent the spread of foodborne illness. The P&P also indicated food and nutrition service staff are to wash their hands before serving food to the residents and to wear gloves when handling food directly and to change them between tasks.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0838
(Tag F0838)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview and record review, the facility failed to address and update the facility-wide assessment (tool ...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview and record review, the facility failed to address and update the facility-wide assessment (tool to evaluate its resident population and identify the resources needed to provide the necessary care and services the residents require) to include the Justice Involved Residents' population currently admitted in the facility since Year 2021.
This deficient practice failed to identify factors that would require a change in assessment, thus potentially unable to provide the necessary person-centered care and services the Justice Involved Residents required, placing the residents at risk for physical, mental, and psychological harm.
Findings:
During an entrance conference on 10/18/22 at 8:12 AM, with the Administrator (ADM) and the Director of Nursing (DON), the facility assessment was requested as part of the recertification survey requirements and process. The ADM and DON was made aware that the requested document was needed in four (4) hours from entrance conference time as reflected in the Entrance Conference Worksheet, facility copy.
On 10/18/22 at 8:32 AM, during the initial tour of the facility, concurrent interview and review of the facility's residents census dated 10/17/22 with the DON, the DON stated the facility had 92 residents residing in the facility. The DON stated Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86 were under a fictitious (not real or true) name to protect the resident's identity and for confidentiality. The DON stated Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86 admitted in the facility were all justice involved residents.
On 10/18/22 at 11:27 AM, during a concurrent interview and record review of the facility's Facility assessment dated [DATE], the DON stated there was no indication or documentation of the facility admitting and caring for Justice Involved Residents population. The DON stated the Federal Law Enforcement personnel in charge of the security of these resident population were also not included and documented in the Facility Assessment as facility resources needed to provide care for facility's resident population every day and during emergencies. The DON stated training and in-service on how to provide care for Justice Involved Residents should had been included in the Facility Assessment.
During a conference meeting via TEAMS (allows users to communicate via text, chat, voice or video call from home or office) on 10/20/22 at 9:41 AM, attended by Los Angeles County Department of Public Health (LAC-DPH) Health Facilities Investigation Division (HFID) supervision team, the facility's ADM, DON, VPO, Quality Assurance Consultant (QA Consultant) and the Marketing Director. The VPO stated the facility did not have a contract with the Federal Law Enforcement Agency. The VPO stated there was only email agreements for the facility to admit Justice Involved Residents. The VPO stated training and in-service on how to provide care for Justice Involved Residents were provided by the Federal Law Enforcement Agency for one to two hours in the facility.
During an interview on 10/20/22 at 2:38 PM, the ADM stated he was hired by the facility as ADM on 2/1/22 and there were Justice Involved Residents already residing in the facility that time. The ADM stated Facility Assessment was last revised on [DATE], and admitting Justice Involved Residents in the facility was mislooked, not addressed and included in the Facility Assessment. The ADM stated the Facility Assessment should be updated and must reflect and include Justice Involved Residents. The ADM stated that the DON, Quality Assurance Consultant (QA Consultant), Minimum Data Set (MDS) Nurse were all part of the Facility Assessment review and the governing body which included the VPO, and Medical Director oversees the process. The ADM stated Facility Assessment was the overall assessment of the facility, including the services provided and the resident population taken care by the facility.
On 10/21/22 at 8:42 AM, during a concurrent interview and record review of Federal Law Enforcement Agency in-service sign in sheet dated 9/23/22, the DON stated the facility could not find and provide the first in-service sign-in sheet. The DON stated that all in-services sign in sheet together with the lesson plan should be filed in the Director of Staff Development Binder, but since the ADM, DSD and DON were all newly hired (6 months-1 year), they do not know where it was placed/filed. The DON stated that the previous staff should have endorsed it and should be readily available.
A review of facility's policy and procedure (P&P) titles Facility Assessment revised in October 2018, indicated A facility assessment tis conducted annually to determine and update our capacity to meet the needs of and competently care for our residents during day-to-day operations. The P&P indicated the following:
1. Once a year, and as needed, a designated team conducts a facility-wide assessment to ensure that the resources are available to meet the specific needs of our residents.
- The facility assessment includes a detailed review of the resident population. This part of the assessment includes:
- Resident census data from the previous 12 months
2. Factors that affect the overall acuity of the residents, such as the number and percentage of residents with:
- Need for assistance with ADLs;
- Mobility impairments
- Incontinence (bowel and bladder);
- Cognitive or behavioral impairments; and
- Conditions or diseases that require specialized care (e.g. dialysis (process of purifying the blood of a person whose e kidneys are not working normally, ventilators (life support machines) , wound care).
3. The facility assessment also includes a detailed review of the resources available to meet the needs of the resident population. This part of the assessment includes:
- The contracts or agreements with third parties to provide services, equipment and supplies to the facility during normal operations and in the event of an emergency.
All personnel, including Contracted staff (full and part time)
A breakdown of the training, licensure, education, skill level and measures of competency for all personnel.
4. The facility assessment is intended to help our facility plan for and respond to changes in the needs of our resident population and helps to determine budget, staffing, training, equipment and supplies needed.
5. The facility assessment is reviewed, and updates annually and as needed. Facility or resident changes or modifications that may prompt a reassessment sooner include a significant change in the resident census and/or overall acuity of our residents.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Medical Records
(Tag F0842)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the facility failed to accurately document resident's care of the supra pubic catheter (a ...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the facility failed to accurately document resident's care of the supra pubic catheter (a hollow flexible tube that is inserted into the bladder through a cut in the stomach to drain urine from the bladder) for one of five sampled residents (Resident 242).
This deficient practice resulted in inaccuracy of medical records which had the potential for confusion in the care and services being provided for the resident.
Findings:
1. A review of Resident 242's Face Sheet (a record of admission) indicated the resident admitted to the facility on [DATE] and re-admitted on [DATE] with diagnoses that included speech and language deficit following cerebral infarction (disrupted blood flow to the brain due to problems with the blood vessels that supply it), muscle wasting, and atrophy (loss of muscle tissue).
A review of Resident 242's Minimum Data Set (MDS, a standardized assessment and care-screening tool), dated 9/21/22, indicated the resident had severe impairment in cognitive skills (ability to make daily decisions).
A review of Resident 242's physician's order, dated 10/14/22, indicated the following orders:
a.Supra pubic catheter may insert 16 French (Fr, measurement of size of the catheter)/10 cubic centimeter (cc, a unit of measurement) as needed (PRN) if soiled, blocked, or leaking.
b.Supra pubic catheter change catheter bag PRN if soiled or leaking.
c.Supra pubic catheter may irrigate with 60 cc of normal saline (NS, mixture of salt and water similar to the body's fluid used to clean wounds and/or replenish fluid in the body) PRN if soiled, blocked or leaking.
A review of Resident 242's Treatment Administration Record (TAR) for the month of October 2022, indicated that the supra pubic catheter was inserted, changed catheter bag, and irrigated every shift from 10/16/22 to 10/20/22.
During an interview on 10/20/22 at 4:28 PM, Treatment Nurse 1 (TXN 1) stated she did not insert, change catheter bag, or irrigate the supra pubic catheter for Resident 242 on her shift on 10/18/22, 10/19/22, and 10/20/22. TXN 1 stated facility had a new electronic charting system which was very confusing. TXN 1stated she was documenting because the system prompted her as a task that was due so she signed the TAR as done because she thought she was acknowledging the order. TXN 1 stated she was the one who entered the orders for Resident 242 and admitted she entered the orders for the supra pubic catheter to be done every shift instead of PRN.
During an interview on 10/21/22 at 7:30 AM, a Licensed Vocational Nurse 4 (LVN 4) stated she did not insert, change the bag or irrigate the supra pubic catheter on 10/19/22 or 10/20/22 for Resident 242 during her shift. LVN 4 stated she thought by clicking on the task, it was an acknowledgement of the orders. LVN 4 stated it should not be charted if the task was not performed. LVN 4 stated, I guess it would be an error then.
During an interview on 10/21/22 at 8:05 AM, LVN 5 stated she did not insert, change the catheter bag or irrigate for the supra pubic catheter for Resident 242 on 10/18/22 during her shift. LVN 5 stated she was completing the task on the TAR since it was populating as a task that was due. LVN 5 stated she thought it was an acknowledgement of the order for her to check the catheter. LVN 5 stated she did not know that it was indicating the task (inserting, changing the bag, and irrigating the supra pubic catheter) was performed. LVN 5 stated the facility had a new electronic system for charting, so she got confused. LVN 5 stated it was an error of documentation.
During an interview on 10/21/22 at 8:10 AM, LVN 6 stated she did not insert, change the catheter bag or irrigate the supra pubic catheter on 10/17/22 during her shift as documented on Resident 242's TAR. LVN 6 stated, I thought it was an acknowledgment of the order, and the task was due, so I was just completing the task. LVN 6 stated the facility had a new electronic charting system, so she got confused how to document on the resident's TAR. LVN 6 stated, It was an error of documentation.
During an interview and record review on 10/21/22 at 8:10 AM, the Director of Nursing (DON) stated Resident 242's TAR for October 2022 had errors in documentation on dates from 10/16/22 to 10/20/22 for supra pubic catheter care. The DON stated staff were expected to document accurately in the resident's medical records.
A review of facility's policy and procedure (P&P) titled, Charting and Documentation, dated 7/2017, indicated treatment or services performed information was to be documented in the resident medical record. The P&P indicated the documentation in the medical record would be objective, complete, and accurate.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
QAPI Program
(Tag F0867)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the Quality Assessment and Assurance (QAA) committee failed to include in the facility-wid...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the Quality Assessment and Assurance (QAA) committee failed to include in the facility-wide assessment, identify systemic issues, establish priorities for its improvement activities, and monitor practices involving justice involved residents (residents currently in custody and held involuntarily through operation of law enforcement authorities in an institution, which is the responsibility of a governmental unit or over which a governmental unit exercises administrative control) admitted by the facility and ensure nine of nine (Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86) of these type of residents received the same basic rights as other residents in the facility including freedom to be free from physical restraints.
This deficient practice caused the facility not to develop and implement action plans to correct identified quality deficiencies which created a situation where some residents were likely to experience serious physical injury, psychosocial harm and/or impairment.
Findings:
A review of a formal referral letter from the long-term care ombudsman dated 10/14/22, indicated the OMB was at the facility on 10/11/22. The letter indicated the OMB was not allowed to see or interview the nine justice involved residents in their rooms. The letter indicated that the DON stated the facility had been instructed to follow a different set of rules and were told that the justice involved residents did not have the same rights as all other residents in the facility. The letter indicated that on 10/12/22, the OMB spoke to the Federal Law Enforcement Supervisor and explained to the OMB that the justice involved residents were supervised by the Federal Law Enforcement while in the facility. The letter indicated that the Federal Law Enforcement Supervisor informed the OMB that the justice involved residents residing in the facility have all the rights to keep them alive. The letter indicated the justice involved residents were not allowed to have phone calls, outside snacks, were not allowed to walk around the facility and have visitors without the Federal Law Enforcement Supervisor permission. The letter indicated that on 10/12/22, the facility's administrator shared with the OMB that the facility was following a separate protocol (policy) for the justice involved residents according to the facility's corporate guidance and the Federal Law Enforcement Agency.
A review of a Memorandum (a short note designating something to be remembered, especially something to be done or acted upon in the future) addressed to the facility and the facility's Marketing Director (MKD), titled Policy and Procedures for Inmates in Nursing Home Facilities, dated 8/20/2021, signed by the Federal Law Enforcement Deputy and written in the Federal Law Enforcement letterhead indicated, Every client (inmate) that resides in a nursing home facility will be always accompanied by security staff (24 hours).
During an interview on 10/18/22 at 8:10 AM, Private Security Officer (PSO) 5 stated all justice involved residents were shackled unless their attending physician (AP 1) ordered not to apply shackle on the justice involved residents.
On 10/18/22 at 8:32 AM, during the initial tour of the facility, concurrent interview and review of the facility's residents census dated 10/17/22 with the Director of Nursing (DON), the DON stated the facility had 92 residents residing in the facility. The DON stated Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86 were under a fictitious (not real or true) name to protect the resident's identity and for confidentiality. The DON stated Residents 79, 40, 292, 14, 42, 342, 87, 76, and 86 admitted in the facility were all justice involved residents.
A review of Resident 86's Face Sheet indicated an admission to the facility on 9/17/22 with diagnoses including suicidal ideations (thinking about or planning suicide), muscle weakness and traumatic subcutaneous (applied under the skin), emphysema (a condition in which air becomes trapped under the subcutaneous layer of the skin).
During an observation on 10/18/22 at 8:35 AM, Resident 86's room door was open, and Resident 86 was visible from outside the residents' room. Resident 86 was observed with a right-hand metal restraint attached to the bed.
A review of Resident 86's Physician's Orders for the month of October 2022, indicated there were no physician orders for the use of physical restraints while in the facility.
During an interview on 10/18/22 at 9:20 AM, while outside Resident 86's room, PSO 1 stated all justice involved residents walk around in the facility accompanied by two PSOs when they go to physical therapy. PSO 1 stated all justice involved residents were restrained to their bed with hand cuffs. PSO 1 stated every justice involved residents were different when it comes to the number of hand cuffs. PSO 1 stated he was not allowed to tell the state surveyor on how many handcuffs Resident 86 had.
A review of Resident 87's Face Sheet indicated an admission to the facility on 9/27/22 with diagnoses including anemia (a condition in which the body does not have enough healthy red blood cells that provide oxygen to body tissues), emphysema (a condition in which the air sacs of the lungs are damaged and enlarged, causing breathlessness), secondary malignant neoplasm of bone (cancer [a disease in which abnormal cells divide uncontrollably and destroy body tissue] started in another part of the body but spread to the bone).
On 10/18/22 at 9:26 AM, during a concurrent observation and interview with PSO 2, in the presence of PSO 3, Resident 87 was lying on his bed with a metal locking leg cuffs applied to both legs and secured to the foot part of the bed. PSO 2 stated Resident 87 was restrained on both legs with steel iron chain that is secured to the bed. PSO 2 stated justice involved residents wears handcuffs but since Resident 87 was very fragile, they do not apply it to Resident 87 all the time. PSO 2 stated they would remove both physical restraints to both legs during Resident 87's shower, toileting, and physical therapy.
A review of Resident 87's Physician's Orders for the month of October 2022, indicated there were no physician orders for the use of physical restraints while in the facility.
On 10/18/2022 at 9:26 AM, PSO 2 stated that two PSOs were assigned to supervise each of the nine justice involved residents in the facility. PSO 2 stated there were three working shifts per day, 8 hours per shift. PSO 2 stated justice involved residents needs 24-hour supervision, to keep an eye on justice involved residents' daily activities. PSO 2 stated the justice involved residents were not allowed to receive any visitors and mails, no telephone calls, and they were not allowed to eat in the facility's dining room. PSO 2 stated the justice involved residents can only eat inside their own rooms.
During an interview on 10/18/22 at 9:35 AM, Licensed Vocational Nurse (LVN) 1 stated the Department of Public Health (DPH) surveyors were not allowed to go inside all justice involved residents' rooms due to Federal Law Enforcement policy .LVN 1 stated all justice involved residents were on physical restraints, eat inside their rooms, not allowed to have visitors, receive mails and telephone calls. LVN 1 stated charge nurses give Justice Involved Residents medication but anything else, Justice Involved Residents need to talk and/or ask Federal Law Enforcement Agency.
During an interview on 10/18/22 at 9:35 AM, LVN 2 stated justice involved residents were all restrained with physical restraints. LVN 2 stated all justice involved residents need to be always restrained for the safety of other residents and facility staff. LVN 2 stated there were no clinical indication for the use of the physical restraints on the nine justice involved residents.
On 10/18/22 at 12:16 PM, during a concurrent interview and record review of all justice involved residents' electronic medical records, the DON stated handcuffs, leg cuffs, and shackles were considered as physical restraints. The DON stated that application of physical restraints to residents needs a physician's order. The DON could not find physician orders for all the nine justice involved residents' electronic medical records.
During the same interview on 10/18/22 at 12:16 PM, the DON stated that physical restraints were applied to all justice involved residents, some in the arms, some in the legs. The DON stated the PSOs would rotate the sites of the physical restraints. The DON stated the physical restraints were chains, approximately two feet long attached to the resident's bed. The DON stated the restraints would be removed when justice involved residents would go to the bathroom. The DON stated that PSOs who were under contract with the Federal Law Enforcement Agency were the only persons that had access to remove the resident's physical restraints. The DON stated no one from the facility staff had access/and or keys to all the justice involved residents locked physical restraints. The DON stated all justice involved residents need physical restraints because They are inmates, they might run and do something, they are criminals. The DON stated upon review of the resident's records, there were no clinical indication for the use of physical restraints to all the justice involved residents.
On 10/18/22 at 11:27 AM, during a concurrent interview and record review of the facility's Facility assessment dated [DATE], the DON stated there was no indication or documentation of the facility admitting and caring for justice involved residents' population. The DON stated the Federal Law Enforcement personnel in charge of the security of these resident population were also not included and documented in the Facility Assessment as facility resources needed to provide care for facility's resident population every day and during emergencies. The DON stated training and in-service on how to provide care for justice involved residents should had been included in the Facility Assessment.
On 10/18/22 at 12:33 PM, during a concurrent interview and record review of all the nine justice involved residents' electronic medical records, the DON stated that physician orders, care plans and the MDS coding for physical restraints were only initiated and documented on 10/14/22 in the resident's paper medical records, which were a few days before the state surveyors arrived in the facility.
During the same interview on 10/18/22 at 12:33 PM, the DON stated the facility did not consider the handcuffs, leg cuffs, and shackles as physical restraints upon admission of justice involved residents in the facility. The DON stated the facility recently discussed that the facility would consider the handcuffs, leg cuffs, and shackles as physical restraints moving forward. The DON stated the physician's orders for physical restraints should be indicated and reflect in the electronic medical records of all the justice involved residents.
On 10/20/22 at 2:30 PM, during a concurrent interview and record review of facility's Quality Assurance Schedule 2022 and Quality Assurance and Performance Improvement (QAPI) meeting topic, the DON was unable to provide documentation and/or evidence that the QAA committee and the QAPI review was able to identify and discussed pertinent issues about the justice involved residents admitted in the facility.
During an interview on 10/20/22 at 2:38 PM, the Administrator (ADM) stated he was hired by the facility as ADM on 2/1/22 and there was justice involved residents already residing in the facility. The ADM stated the facility's Quality Assurance (QA) Committee mislooked the issues and practices involving the facility's admission and care of the justice involved residents.
On 10/21/22 at 8:42 AM, during a concurrent interview and record review of inservices conducted by the Federal Law Enforcement Agency and the facility's in-service sign in sheet dated 9/23/22, the DON stated the facility could not find and provide the first in-service sign-in sheet. The DON stated that all in-services sign in sheet together with the lesson plan should be filed in the Director of Staff Development (DSD) Binder, but since the ADM, DSD and DON were all newly hired (6 months-1 year), they do not know where it was placed/filed. The DON stated that the previous staff should have endorsed it and should be readily available.
During the QAA/QAPI review on 10/21/22 at 1:16 PM in the presence of the ADM and the DON, the ADM and DON stated that the facility's QAA committee meets every fourth Thursday of the month. The DON stated the facility's QAA committee consists of the medical director, the ADM, the DON, Infection Preventionist (IP), Minimum Data Set Coordinator (MDS), Activities Director (AD), Rehabilitation Director (DOR), Social Services Designee (SSD), Dietary Supervisor (DS), DSD, Maintenance Director (MTD), Registered Nurse (RN) Supervisor and other members as needed. The DON stated the last QAA meeting was on 9/22/22.
During an interview on 10/21/22 at 1:19 PM, the DON stated, QAA committee did not include and correct issues and practices involving the care that the justice involved residents receives in the facility since the facility staff did not recognize it was a problem before. The DON stated it was only around 10/14/22 that they discussed issues and concerns regarding the justice involved residents residing in the facility.
A review of the facility's policy and procedure titled Quality Assurance and Performance Improvement (QAPI) Program-Governance and Leadership revised in March 2020, indicated the following:
1. The Administrator, whether a member of the QAPI Committee or not, is ultimately responsible for the QAPI Program, and for interpreting its results and findings to the governing body.
2. The governing body is responsible for ensuring that the QAPI program:
a. Is implemented and maintained to address identified priorities.
b. Is sustained through transitions of leadership and staffing.
c. Is adequately resourced and funded, including the provisions of money, time, equipment, training and staff coverage sufficient to conduct the activities of the program.
d. Is based on data, resident and staff input, and other information that measures performance, and
e. Focuses on problems and opportunities that reflect processes, functions, and services provided to the residents.
2. The responsibilities of the QAPI Committee are to:
a. Collect and analyze performance indicator data and other information.
b. Identify, evaluate, monitor and improve facility systems and processes that support the delivery of care and services.
c. Identify and help to resolve negative outcomes and/or care quality problems identified during the QAPI process.
d.Utilize root cause analysis to help identify where identified problems point to underlying systematic problems.
3.The following individulas serve on the committee:
a.Administrator, or a designee who is in a leadership role.
b.Director of Nursing Services
c.Medical Director
d.Infection Preventionist
e.Representatives of the following departments, as requested by the Administrator:
(1)Pharmacy
(2)Social Services
(3)Activity Services
(4)Environmental Services
(5)Human Resources
(6)Medical Records.
4. The committee has the full authority to oversee the implementation of the QAPI Program, including but not limited to the following:
a. Establishing performance and outcome indicators of quality care and services delivered in the facility.
5. The committee meets at least quarterly (or more often as necessary).
6. Specializes meetings maybe called by the ADM as needed to present issues that need to be addresses before the next regularly scheduled meeting.