CRITICAL
(J)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Immediate Jeopardy (IJ) - the most serious Medicare violation
Deficiency F0678
(Tag F0678)
Someone could have died · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and interviews, the facility failed to ensure personnel provided basic life support, including cardiopulm...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and interviews, the facility failed to ensure personnel provided basic life support, including cardiopulmonary resuscitation (CPR), to residents requiring such emergency care prior to the arrival of emergency medical personnel, in accordance with physician's orders and the residents advance directives, for two (#3 and #4) of three residents reviewed for medical orders for scope of treatment (MOST) and CPR directives, out of 17 sample residents.
On [DATE] at approximately 10:00 p.m., Resident #4 was discovered unresponsive, not breathing and without a pulse; and on [DATE] at approximately 10:45 p.m. Resident #3 was discovered unresponsive, not breathing and without a pulse. The responding nurses assessed the residents, and in both incidents determined the residents were deceased due to body temperature by touch and stiffness, and made a decision not to follow either resident's advanced directive orders as written into their MOST forms. Both residents' MOST forms had written orders for CPR that were signed by the residents' qualified medical practitioner.
The registered nurse supervisor (RN #2) who was on duty during both incidents advised the unit nurse not to perform CPR because the residents in RN #2's assessments were deceased .
The facility's failure to ensure clinical staff were properly educated to adequately interpret and follow a resident's advanced directive orders for CPR lead to failure to provide emergency basic life support immediately when needed, including CPR, to Resident #3 on [DATE] and Resident #4 on [DATE]. The nurse's actions to choose not to perform CPR placed all residents experiencing cardiac arrest and having advanced directive orders for CPR at risk of serious harm, serious impairment or death.
Findings include:
I. Immediate Jeopardy for serious harm
A. Situation of immediate jeopardy
On [DATE] at approximately 10:45 p.m. Resident #3 was discovered not breathing and without a pulse. Despite the resident having advanced directive orders for CPR, nursing staff made a determination that the resident was deceased and decided not to initiate CPR. The facility investigated the incident and discovered a second similar incident where a Resident #4 was found in cardiac arrest days earlier on [DATE]. Resident #4 also had an advanced directive order for CPR and the nurses on duty made a determination the resident was deceased and chose not to do initial CPR or for emergency assistance. Both residents passed away in the care of the facility.
The facility's failure to follow physician's orders and resident advanced directives wishes was neglectful to the health and safety of the residents in care. In addition, staff failing to follow physician's orders was a breach in professional standards of practice for a nurse. The determination that any resident was deceased was out of a nurse's scope of practice. The nurses failed to give the resident the opportunity for life saving measures.
The NHA was notified of the immediate jeopardy on [DATE] at 6:45 p.m., followed up by an email copy of the written notice and that record review and interviews during the survey investigation confirmed deficient practice.
B. Facility plan to remove the immediate jeopardy situation
While the facility failed to implement an immediate plan of correction after the investigation into either Resident #3 or #4's death. The newly hired nursing home administrator (NHA) implemented immediate corrective action upon discovery of these related incidents just after hire.
The facility developed the following immediate plan:
The NHA provided the facility's plan of correction (POC) binder on [DATE] and was reviewed on [DATE]. The binder included the following:
Facility actions
The NHA provided documentation of the facility's POC. The POC was initiated on [DATE] and monitoring of the POC was ongoing. The POC activities for compliance occurred as follows:
The POC plan [DATE]:
Investigative Action
-All clinical staff were reviewed for recent completion of advanced directive and CPR education.
-All clinical staff were checked for active CPR certification.
-All residents were reviewed for current and up-to-date MOST orders.
-All red MOST form binds were audited to make sure the residents' MOST documents were in the binder accessible to nursing staff; and that the documents were recently reviewed with the resident and or legal representative.
-All resident MOST documents were audited against the resident electronic physician's order to ensure the orders in the electronic record were accurate.
All clinical staff in the building (both facility hired and agency staff) were expected to successfully advance directive education and complete a mock drill showing competency for responding appropriately to a resident experiencing cardiac arrest.
No clinical staff would not be allowed to work until CPR response education and mock drill have been completed.
-Mock drills consisted of return demonstration for competency skill check with CPR procedure; demonstration of knowledge on how to use and access supplies on the crash cart; a debrief of process critique; and verification of current CPR certification.
On [DATE] the facility requested all clinical staff review the facility Advance Directives policy, revised [DATE] and sign for understanding of the revised policy.
The NHA in-serviced the assistant director of nursing/ interim DON (ADON/IDON)) and staff development coordinator (SDC) on the vital importance of all clinical staff being educated on interfering advanced directives and implementing CPR with each residents' established advanced directives.
The SDC immediately called all remaining staff who were not educated to be immediately removed from the schedule and strongly encouraged to come in to complete the CPR education and attend a mock drill before being permitted to return to working with facility residents. Education in service, mock drills for proficiency in skills practice for CPR included ensuring that all clinical staff were properly educated in order to provide proficiency in interpreting advanced directives ordered and implementing CPR for each resident's established advanced directive, for CPR.
-Progress was monitored daily until by the NHA through completion. This action was completed with nursing staff first as of [DATE] and by the certified nurse aides (CNAs) as of [DATE]. The only exception was staff on leave. The facility has a plan to re-educate the staff on leave before their return to work.
The director of clinical operations (DCO) reviewed the crash cart policy and carts supplies checklist. As of [DATE] the carts were resupplied and fully stocked and the night time supervisors were educated and task with checking and maintaining the carts with adequate supplies. The audit sheets recording completion of this task was to be reviewed by the DCO /designee for the next 60 days.
On [DATE], the facility initiated a CPR post-test to all clinical staff to assess staff understanding of initial advanced directives education for proper CPR administration and participation in the CPR response mock drill. This action was completed on [DATE].
-The post-test follow up consisted of staff written explanation of how they should respond to finding a resident down (without breath or pulse); how long CPR should be conducted for a resident who was full core; and what to do if someone tells you not to do CPR on a resident with full core orders. The test was assessed by the ADON and SDC.
Interventions to prevent recurrence
For the preceding 90 days through ([DATE]), the ADON was tasked with daily monitoring of the clinical staff's proficiency in interpreting advanced directive order and implementing CPR for each resident with established directive for CPR whose health status warrants use of CPR. Any patterned observation of the monitoring would be discussed during the regular scheduled quality assurance performance improvement (QAPI) meetings.
Registered nurse #1, #2 and licensed practical nurse (LPN) #3 were terminated around [DATE] following the completion of a thorough investigation into their conduct. All three nurses had been on suspension since the investigations began on [DATE].
C. Removal of immediate jeopardy
The immediate jeopardy situation was removed on [DATE]. The deficient practice was reduced to G scope and severity, actual harm that was isolated.
Interview and record review during the complaint investigation revealed the facility took corrective actions to identify any resident over the past six months who had passed away in the facility to determine if their advanced directives had been followed and found no other resident who had physician's orders and personal choice for CPR; and found no other resident had not received CPR as ordered. The facility also examined the advanced directive orders of current residents, to make sure MOST forms were completed appropriately and that the orders were reflected accurately in the resident record.
II. Failure to ensure clinic staff provide residents emergency basic life support immediately when needed, including cardiopulmonary resuscitation (CPR).
A. Facility policy and procedure
The Advance Directives policy, revised [DATE], was provided by the nursing home administrator (NHA) on [DATE] at 1:24 p.m. It read, in pertinent part: It is the policy of the (facility name) to provide protection for the health, welfare and rights of each resident by developing and implementing written policies and procedures in regards to advanced directives.
-Definitions: 'advance directive' is a written instruction, recognized under State law (whether statutory or as recognized by the courts of the State), relating to the provision of health care when the individual is incapacitated.
-The MOST program was established by legislation in Colorado in 2010 (C.R.S. 15-18.7: directives concerning medical orders for scope of treatment).The (facility name) use the MOST form (medical order for scope of treatment) to clarify treatment choices and goals and as the CPR directive.
-The facility will confer with the MOST form to determine if CPR should be initiated.
If a resident experiences a cardiac arrest, facility staff will provide basic life support, including
CPR and AED (automatic external defibrillator), prior to the arrival of emergency medical
Services (EMS), and:
-In accordance with the resident's advance directives.
In the event of cessation of respirations/heartbeat; verify residents COR status (cardiac or respiratory zero - referring to whether or not a person wasn't CPR performed) with MOST form.
-MOST forms should be kept in a centrally located place predetermined by facility.
-The most current MOST form or current copy should be available.
-If the resident or designee has indicated CPR, initiate CPR and AED use per BLS (basic life support) protocols.
-Call 911.
-Continue CPR/AED until emergency services arrive and take over.
The Cardiopulmonary Resuscitation (CPR) policy, revised [DATE], was provided by the NHA) on [DATE] at 1:24 p.m. It read, in pertinent part: The facility will confer with the MOST form to determine if CPR should be initiated.
-If a resident experiences a cardiac arrest, facility staff will provide basic life support, including CPR, prior to the arrival of emergency medical services, and:
-In accordance with the resident's advance directives,
-In the absence of advance directives or a Do Not Resuscitate order; and
-If the resident does not show gross signs of death ( example decapitation, transection, or decomposition).
B. Residents
1. Resident #3
a. Resident status
Resident #3, age [AGE], was admitted on [DATE] and expired on [DATE]. According to the [DATE] computerized physician orders (CPO), diagnoses included multiple sclerosis, neuromuscular dysfunction of the bladder, dementia and hypertension.
The [DATE] minimum data set (MDS) assessment revealed the resident had severely impaired cognition with a brief interview for mental status (BIMS) scoring of six out of 15. The resident required extensive to total assistance with completing activities of daily living.
b. Record review
Nurse's note dated [DATE] at 12:08 a.m. read: Called to room by staff when they found this resident deceased . The resident was found at 11:00 p.m. by a CNA who was going to take the resident's vital signs. The resident was cold to touch and obviously deceased . (CNA's name) CNA, stated that the off going CNA (CNA's name) had told him he had 'just changed the resident' and they looked in on the resident (during rounds). (Name of the CNA on shift) thought the resident was sleeping. (physician's name) office was called and (physician assistant's name) gave pronouncement (of death) was given at 11:17 p.m. The coroner's office was paged at 11:21 p.m. There was a brief coroner's hold while we called the physician's office back for the C.O.D. (cause of death).released the body at 11:57 p.m.
Resident #3's MOST document, signed by the resident's medical durable power of attorney (MDPOA) on [DATE] and the resident's physician assistant (PA) on [DATE], last reviewed with the resident's MDPOA on [DATE] revealed the resident had an order for CPR with Yes CPR: attempt resuscitation being checked.
-Progress notes on the day of the resident's passing did not document nursing staff checking the resident COR status for CPR orders; initiation of CPR as the MOST directed; or that staff called 911/EMS for the resident.
An internal facility investigation into Resident #3's death, dated [DATE], documented: Resident #3's MOST orders were followed when nursing staff failed to perform a full code with the initiation of CPR or call 911 /EMS. CPR was not performed
As a part of the facility investigation, staff present on evening and night time shift on [DATE] going into [DATE], during Resident #3's passing, were interviewed as a part of the facility's investigation. Staff interviews revealed:
-The PA's interview statement, dated [DATE], revealed the PA received a call from two facility nurses, the evening of [DATE], while on call with the status of Resident #3. The PA was unable to recall the nurses' names. The PA said the first nurse reported Resident #3 did not have a pulse and was not breathing. The PA questioned the nurse about the resident's COR status and when the nurse reported the resident was a full COR and had orders for CPR, the PA questioned the nurse why they had not initiated CPR and why 911/EMS services had not been called. The PA stated the first nurse responded (the resident) is gone, and handed the phone to another nurse. The PA questioned the second nurse as to why CPR was not being initiated or why paramedics had not been called. The second nurse's response was no, we're not going to do that, (the resident's) dead.
-After learning that the resident had irregular vital signs (with a new onset irregularly high pulse and higher than normal blood pressure) earlier the same evening that the resident passed, the PA said there was no record of this being reported to the physician's office. (Cross-reference to F684 to address a change in the resident's condition).
-CNA #3's interview statement, dated [DATE], revealed Resident #3 was awake and talking during rounds when incontinent care was provided some time between 9:00 p.m. and 9:30 p.m. Reporting everything seemed normal.
-CNA #4's interview statement, dated [DATE], revealed the CNA from the previous shift reported Resident #3 was checked and changed within the last hour. CNA #4 reported looking in on Resident #3 at the change of shift at approximately 10:00 p.m. The CNA's statement reported the lights were off, the resident was in a usual position, and was thought to be asleep. CNA #4 reported going back to Resident #3's room to take the resident's vital signs at 10:50 p.m. when the resident was found cold, pale and unresponsive. The CNA then notified the nurse on duty.
-Registered nurse (RN) #1's interview statement, dated [DATE], revealed CNA #4 approached RN #1 during rounds, at approximately 10:45 p.m., CNA #4 requested RN #1 provide immediate assistance with Resident #3. RN #1 stated Resident #3 was without a pulse or blood pressure upon assessment. The resident was very cold and stiff. RN #3 then called for the house supervisor who was also an RN. The house supervisor arrived to assess the resident and determined the resident was deceased .
-RN #2's interview statement, dated [DATE], revealed that the RN received a call to report that Resident #3 was deceased . RN #2 reported assessing Resident #3 and finding the resident cold to the touch and without a pulse; stating the resident was obviously dead. RN #2 called the coroner while RN #1 called the physicians on call. The on call practitioner, the PA questioned RN #2 why if the resident had full COR orders why had staff not started CPR and called for 911/EMS assistance. RN #2's statement documented a response to the PA that the resident was dead.
-RN #1 was interviewed by the social services director (SSD) on [DATE]. The interview statement revealed RN #1 acknowledged making a decision not to do CPR because the resident did not have any vital signs and the resident's oxygen saturation rate did not register on the oximetry device nor was she able to get a blood pressure reading. RN #1 acknowledged knowing the resident was a full COR and that she did not know what to say to the PA when asked why CPR was not being performed; that was she handed to phone to RN #2 when the PA questioned her.
RN #1 was last recertified for CPR [DATE]. RN #1 acknowledged that when a resident with full COR orders for CPR was found not breathing and without a pulse CPE should be initiated and 911/EMS services should be called. RN #1 said the reason she had not performed CPR on Resident #1 was that the RN #1 thought the resident was in rigor mortis, because the resident was stiff and cold to touch. RN #1 then acknowledged that she was not qualified to diagnose rigor mortis or death as it was outside of her scope of practice as an RN.
Professional reference
According to Rijen Shrestha; Tanuj Kanchan; Kewal [NAME]. last Update: [DATE], Methods of Estimation of Time Since Death, retrieved from: https://www.ncbi.nlm.nih.gov/books/NBK549867/#:~:text=Rigor%20mortis%20appears%20approximately%202,after%20death)%20and%20then%20disappears.
The early post-mortem phase is probably the most important time period for PMI (post mortem interval) estimation as most medico-legal cases are examined in this time period. This period is also where the estimation of time since death is most relevant in establishing the timeline of events and developing a theory of circumstances of death. This period runs from 3 to 72 hours after death. The early post-mortem phase is most frequently estimated using the classical triad of post-mortem changes-rigor mortis, livor mortis, and algor mortis.
Rigor mortis appears approximately 2 hours after death in the muscles of the face, progresses to the limbs over the next few hours, completing between 6 to 8 hours after death. Rigor mortis then stays for another 12 hours (till 24 hours after death) and then disappears.
Clinical expertise is warranted to ensure that the postmortem changes are well-interpreted and inferences get drawn correctly.
The facility investigation concluded that Resident #3 had an active MOST order for initiating CPR. The investigation also concluded that the nurses on duty, in charge of caring for Resident #3, RN #1 and #2, neglected Resident #3's wishes when they made a conscious decision to not provide CPR after assessing the resident to not have a pulse or active breathing.
As a part of the investigation, the facility conducted an audit of the previous 10 resident deaths to determine MOST orders and if the residents' MOST orders/advanced directives were followed. The audit revealed Resident #4 had MOST orders documenting full COR for CPR. Resident #4 went into cardiac arrest on [DATE] and the nursing staff failed to initiate CPR despite MOST orders for CPR. The resident passed away in the facility.
2. Resident #4
a. Resident status
Resident #3, age [AGE], was admitted on [DATE] and expired on [DATE]. According to the [DATE] computerized physician orders (CPO), diagnoses included stage 4 chronic kidney disease, seizure disorder, vascular dementia and type 2 diabetes.
The [DATE] minimum data set (MDS) assessment revealed the resident had intact cognition with a BIMS scoring 13 out of 15. The resident required extensive to total assistance with completing activities of daily living.
b. Record review
Nurses note dated [DATE] at 11:13 p.m. read: Resident was seen by the CNA at 9:45 p.m. This writer was making his last round at 10:00 p.m. The resident was found unresponsive emesis (vomit) was noted, no vitals found. The house supervisor was notified immediately.
Nurses note dated [DATE] at 12:08 a.m., read: Called to room by nurse when resident was found unresponsive with no vital signs. Entered the room at 10:00 p.m. to find the resident deceased with a large amount of old bloody liquid emesis. Called MD's (medical doctor) office for pronouncement at 10:10 p.m.Called the county coroner's office at 10:20 p.m.
Nurses note dated [DATE] at 2:06 a.m., read: In previous note 'old bloody emesis' referred to the color of the liquid, being dark brown, and not frank blood, not the age of the emesis.
Resident #4's MOST document, signed by the resident on [DATE] and the resident's PA on [DATE], last reviewed with the resident on [DATE] revealed the resident had an order for CPR with Yes CPR: attempt resuscitation being checked.
-Progress notes on the day of the resident's passing did not document nursing staff checking the resident COR status for CPR orders; initiation of CPR as the MOST directed; or that staff called 911/EMS for the resident.
An internal facility investigation into Resident #4's death, started [DATE] and concluded [DATE], documented: Resident #4's MOST orders were followed when nursing staff failed to perform a full code with the initiation of CPR or call 911/EMS. CPR was not performed.
As a part of the facility's investigation staff present on evening and night time shift on [DATE], during the Resident #4's passing, were interviewed as a part of the facility's investigation. Staff interviews revealed:
-LPN #3's interview statement dated [DATE] revealed the LPN found Resident #4 without a pulse on [DATE] at 10:00 p.m. The LPN immediately notified the house supervisor RN # 2. LPN #3 reported that RN #2 said doing CPR when the resident was dead would have no use. LPN #3 said there was additional confusion about Resident #4's COR status because the resident electronic medical record in orders documented the resident had orders reading do not resuscitate (DNR) while the MOST orders document the resident had orders for CPR.
-CNA #3's interview statement dated [DATE] revealed CNA #3 had observed another CNA coming out of Resident #4's room at 9:45 p.m., after providing the resident incontinent care. CNA #3 said he believed Resident #3 was acting fine and had no concerns at the time.
The facility investigation concluded, the facility did not comply with preventing neglect, because Resident #4's advance directive, as indicated on the MOST document specified he was a yes to CPR.
C. Staff interviews
CNA #5 was interviewed on [DATE] at 11:04 a.m. CNA #5 said if a resident was discovered unconscious she would check for a pulse; if the resident did not have a pulse she would call for the nurse who would assess the resident and determine if CPR was required.
LPN # 4 was interviewed on [DATE] at 11:10 a.m. LPN #4 said when nursing staff found a resident without a pulse and not breathing, the nurse was to check the resident COR status and start CPR right away if the resident had an order for CPR. Staff were to call 911, request EMS and continue CPR until the paramedics arrived and took over. There were no exceptions if the resident had CPR orders. The nurse must start CPR even if the nurse thought the resident was deceased , because it was not within the nurses' scope of practice to determine death and CPR if ordered must continue by facility staff until the paramedics arrived and took over and determined the course of treatment.
LPN#4 acknowledged waiting to start CPR could be harmful because every minute the resident was not breathing counts; the resident's life depends on quick response.
LPN #4 said if the electronic physician's orders differed from the MOST form, staff were to follow the orders on the signed paper MOST document. The MOST documents were kept in a red binder at the nurse's desk for quick access. The MOST documents in the red binder were the most up-to-date COR status information. The MOST documents were reviewed with the resident and or resident's legal representative regularly and the documents were kept up-to-date by the social services department.
LPN #4 said she knew this because the administration had provided a facility wide training for the nursing staff over the past month.
LPN #5 was interviewed on [DATE] at 11:20 a.m. LPN #5 said facility administration recently provided nursing staff education on the facility's CPR policy and expectations for providing CPR. In addition, administration checked that every nursing staff was up to date with CPR training and confirmed competency with the skill. LPN #5 said when responding to a resident with no pulse or active breathing she would call for assistance; check for code status and immediately move the resident to the floor for a hard surface and initiate CPR if the resident had an order for CPR. Nursing staff were to continue CPR until the paramedics arrived and took over the resident's care. The nurse was not permitted to make a decision to stop CPR. CNAs at the facility were also CPR certified and were permitted to start and participate in CPR as long as their certification was up-to-date. The facility offered staff CPR certification training everyone can obtain and keep up-to-date with CPR procedure. The facility provided a CPR drill for nursing staff to ensure we knew how to respond to a resident without a pulse; this occurred about two weeks ago.
CNA #6 was interviewed on [DATE] at 11:25 a.m. CNA #6 said if a resident was not breathing and had no pulse she would call for help; check the resident's code status in the red binder. Once verification that the resident had an order for CPR, staff would initiate CPR and continue until the paramedics arrived and took over CPR.
LPN #6 was interviewed on [DATE] at 11:35 a.m. LPN #6 said when a resident was found unconscious the nurse should check for a pulse; if none call for other staff to assist; check the MOST book for resident code status; if the resident had full COR orders, staff should call 911 and start CPR on the resident and continue CPR until paramedics arrive and took over.
The director of clinical operations (DCO) was interviewed on [DATE] at 3:30 p.m. The DCO said nursing staff upon discovering a resident without a pulse and not breathing, were to quickly check the COR status book at the nurses station and if the resident had orders for CPR the nurses were to start CPR immediately and have someone call 911/EMS. Nursing staff were to continue CPR until EMS arrived to take over. The DCO said it was outside of the nurses' (RN or LPN) scope of practice to diagnose the resident as deceased . The only exception to not initiating CPR when the resident had on order for CPR was if the resident was decomposed or decapitated.
The DCO said all staff, nurses and CNAs, were expected to be up-to-date with CPR certification. Following Resident #3's passing and the completion of a facility wide investigation, the facility revised the CPR policy and began educating nursing staff again on expectations for initiating CPR when indicated.
The medical director (MD) was interviewed on [DATE] at 3:53 p.m. The MD said he was not told about either of the two events occurring back in [DATE], where nursing staff failed to perform CPR on two residents with orders for CPR when the resident went into cardiac arrest, until approximately two weeks ago when the facility was audited by another entity and cited for deficient practice.
The MD said the nurses in both situations failed to provide proper care by standards of practice because the nurses were expected to follow physician's orders and were not able by scope of practice to assess and diagnose death. The MD said the most up-to-date order for a resident living in the facility was the paper MOST document maintained by the facility. The nurses did not have the call not to follow the MOST orders for CPR directives. In order for the nurse not to perform CPR when the resident has an order for CPR, the nurse would have to call the MD on the call line and discuss the resident's condition with him. The MD said the nurse in the facility did not have time to make that call for such permission and he would never override the MOST orders. The correct procedure when finding a resident without a pulse, no active breath and orders for CPR, was to call 911 and start CPR as soon as possible.
The NHA was interviewed on [DATE] at 6:45 p.m. The NHA was hired in the last couple of weeks. The NHA said the facility had just been audited when he started the position. The NHA was informed of this situation and the associated failures. At that time the facility had not yet acted on any corrective actions so the process of developing and implementing a plan of improvement began. The NHA acknowledged the facility had not acted initially on the investigative findings of the events surrounding the resident deaths; however, upon his accepting the position and discovering the failures he determined immediate action was required. The NHA confirmed the facility started to initiate corrective actions, on [DATE].
The NHA said the facility had just completed all steps of the performance improvement plan (PIP) on [DATE]. The NHA acknowledged the QAPI committee had addressed the failures; and developed an improvement plan to ensure the failures were fully addressed and corrected for compliance. The NHA said the QAPI committee was being educated on their role for oversight and improvement activities. (Cross-reference to F867 for failure to initiate improvement activities related to failures to provide resident CPR when ordered.)
SERIOUS
(G)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Actual Harm - a resident was hurt due to facility failures
Free from Abuse/Neglect
(Tag F0600)
A resident was harmed · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, record review and interviews, the facility failed to ensure that all residents were free from abuse, negle...
Read full inspector narrative →
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, record review and interviews, the facility failed to ensure that all residents were free from abuse, neglect, and exploitation, for two residents (#1 and #2) in one allegation of three residents reviewed for abuse out of 17 sample residents.
On 1/26/23 at 12:54 a.m., Resident #1 was wandering the secured unit without staff supervision. Staff were unaware that Resident #1 had entered Resident #2's room in the night until Resident #1 was observed, by the unit nurse, exiting Resident #2's room with Resident #2 following behind. Resident #1 was bleeding from the lip and forearm (see assessed injuries below).
The facility investigation dated 1/27/23 revealed:
-Resident #2 expressed anger towards Resident #1 for being in his room;
-Resident #1 presented with several observable signs of injury upon exiting Resident #2's room; and,
-Resident #1 was unable to explain what happened; was reluctant to allow staff to treat his injuries initially. Resident #1 eventually let staff provide some first aid treatment and assess the injuries.
Despite facility staff knowing Resident #1 had a history of being physically aggressive towards peers, as evidenced by electronic records revealing Resident #1 was in a number of prior documented resident to resident altercation incidents (see below); facility staff were not monitoring Resident #1 as he wandered the unit in the early morning hours of 1/26/23.
The facility's failure to monitor the resident and implement consistent intervention to prevent a resident to resident altercation led to Resident #2 becoming angry with Resident #1's behavior. Resident #2 did not like other residents in his room and had a prior history of initiating physical altercations/resident to resident altercations with peers. Resident #1 did not like other individuals, staff or residents telling him what to do and had a history of wandering throughout the unit.
Following the unwitnessed resident to resident altercation, Resident #1 sustaining several injuries including a laceration on the right upper lip; a swollen lower lip; a skin tear over a previous bruise on the arm; a scratch on the right forearm; multiple developing bruises to the left forearm and back of the left hand.
Cross-reference F744 for failure to provide dementia care and services.
Findings include:
I. Facility policy
The Abuse Policy, revised 12/19/22, was provided by the nursing home administrator on 2/16/23 at 10:00 a.m. read in pertinent part: It is the policy of the (facility name) to provide protection for the health, welfare and rights of each resident by developing and implementing written policies and procedures that prohibit and prevent mistreatment, abuse, neglect, and exploitation. (Facility name) will take necessary precautions to prevent resident abuse by anyone including staff members, other residents, volunteers, contracted staff, family members, resident representatives, visitors and any other individuals.
-Statement: Every resident has the right to be free from mistreatment, abuse, neglect and exploitation.
II. Resident to resident physical altercation 1/26/23, between Resident #1 and Resident #2
On 1/26/23 at 12:54 a.m. Resident #1 was wandering the secured unit without staff supervision. Staff were unaware that Resident #1 had entered Resident #2's room in the night until Resident #1 was observed by the unit nurse exiting Resident #2's room with Resident #2 following behind. Staff were unaware that a resident to resident altercation had occurred until the nurse observed blood coming out of the right side of Resident #1's mouth. Resident #2 expressed anger towards Resident #1 as reflected in Resident #2's interview statement (see below). Resident #1 was speaking nonsensical and was unable to explain what happened. The nurse did not know how long Resident #1 was in Resident #2's room or the duration of the resident to resident altercation. The nurse attempted to assess and examine Resident #1. The resident was reluctant to allow staff to treat his injuries but let staff provide some first aid treatment and assess the injuries.
Nurse assessment of Resident #1 injuries revealed the resident was bleeding from the mouth and had a cut to the right upper lip and a swollen lower lip. There were several bruise marks on the resident's body (the nurse assessment did not assess the color, size or shape of the bruises. The resident had a new skin tear over one of the bruises measuring 3.0 (centimeters) cm x 1.0 cm; a scratch to the right forearm; and multiple bruises to the left forearm and back of the left hand.
Initially, Resident #2 denied hitting Resident #1 and was inconsistent with details of what may have happened. Resident #2 was reinterviewed on 1/27/23 at 6:52 a.m., the following morning that revealed in pertinent part, Resident #2 said he went into his room to get some of my stuff and there was a son-of-a (explicit word) sleeping in my bed, I threw his (explicit word ) out. I kicked him, I put my boot up his (explicit word). I pulled him by his hair, he had no business in here. Resident #2 could not identify Resident #1 but said I don't know who he was, he didn't hit back. I've been an army green beret for 30 years, we don't get fearful.Anyone else who comes in here will leave the same way.
Resident #1 was placed on one-to-one monitoring continuously, ongoing for an undetermined period of time; however, staff interviews revealed this was not always maintained (see interviews below).
III. Resident #1
A. Resident status
Resident #1, age [AGE], was admitted on [DATE]. According to the February 2023 computerized physician orders (CPO), diagnoses included Alzheimer's disease, unspecified dementia with behavioral disturbance and post traumatic stress disorder.
According to the 1/4/23 minimum data set (MDS) assessment the resident had a severe cognitive impairment with a brief interview for mental status (BIMS) score of four out of 15. The resident usually understood others but missed some parts or intent of the message; and was usually understood in conversation but had difficulty communicating some words or finishing thoughts.
The resident rejected care and staff assistance; displayed physically and verbally aggressive behaviors directed towards others; and wandered almost daily. The resident needed extensive assistance completing activities of daily living (ADLs)including bathing, dressing and grooming and toileting; with limited assistance to complete transfers.
The assessment documented the resident was independent with walking around the unit despite being assessed for wandering and physically and verbally aggressive behavior towards others.
The resident was on daily antipsychotic medications and antidepressants medications.
B. Resident interview
Resident #1 was not able to participate in an interview.
C. Record review
The comprehensive care plan, created 12/28/22, identified the resident had alteration in mood and behavior problems as evidenced by striking out at other residents. The care focus documented the resident had a short fuse and risked disruption of group activities related to verbal outbursts with other residents. Interventions included validating the resident's concerns and letting the resident calm down before redirection and inviting the resident to structured programs of interest. The resident was placed on one-to-one monitoring by a dedicated staff on 12/21/22, due to a physical altercation with another resident.
Behavior tracking documentation dated 12/21/22, 12/30/22, 1/5/23, 1/13/23 revealed Resident#1 engaged in threatening and physically aggressive behavior on multiple occasions and was placed on a one-to-one supervision as a result of physically aggressive behavior towards others. Staff used redirection when on one-to-one supervision and when behavior was witnessed.
The 12/28/22 care conference summary documented that the resident's daughter said her father had a history of explosive behaviors and was not surprised when facility staff reported that her dad was involved in an altercation.
A review of Resident #1's progress notes revealed the following aggressive behaviors:
On 12/21/22, Resident #1 was witnessed by housekeeping staff wandering in the hallway and hitting another resident. The staff intervened by moving Resident #1 away from the victim. Resident #1 was initially placed on every 15 minute checks and then placed on one-to-one monitoring. Laboratory tests were ordered, Lexapro and Tylenol medications were increased and Risperdal was decreased. An interdisciplinary team (IDT) note dated 12/23/22, documented this was the fifth time Resident #1 was involved in physical aggression where he was the aggressor, however there were not any changes made to his care plan for increased activities or direction on how to keep this resident from acting out.
On 12/30/22, Resident #1 was involved in an altercation with staff while wandering from room to room. When the resident entered a room that was not his and closed the door. Staff opened the door and invited the resident to the common area. Resident #1 agreed and then hit the staff member on the right eye. Staff asked Resident #1 why he did that and the resident walked away. There is no documentation to indicate anything was changed in the care plan or direction given to prevent this behavior.
On 1/13/23, Resident #1 was verbally and physically aggressive toward staff while providing care and help with toileting. The resident spat, kicked, and used inappropriate words. The staff left the residents room and reapproached later.
On 1/15/23, Resident #1 went between two other residents and started talking to one of them. Staff noticed Resident #1 looked agitated so staff removed both residents from the area. Staff continued to monitor both residents from a distance.
On 1/26/23, Resident #1 was observed by staff exiting Resident #2 rooms with blood on the lip; a skin tear over a previous bruise; a scratch on the right forearm; multiple developing bruises to the left forearm and back of the left hand; a small cut to the right upper lip; and a swollen lower lip. Resident #1 was placed on 15 minute checks. Further investigation by the IDT determined Resident #1 was found sleeping in Resident #2's bed which triggered the altercation. Resident #1 was then placed on one-to-one observation. There was not any documentation of changes that would help prevent another altercation, except to place Resident #1 on one-to-one monitoring.
-Per staff interview and observation, the facility staff were not always able to meet this level of supervision for Resident #1 due to lack of an available dedicated one staff person (see observations and interviews below).
On 2/7/23, Resident #1 was involved in an altercation with staff. The resident was wandering and continued to go into other resident rooms. Staff attempted to redirect but Resident #1 would not listen and hit and kicked staff. Staff walked away for some time and reapproached after several minutes but the resident was still aggressive.
IV. Resident #2
A. Resident status
Resident #2, age [AGE], was admitted on [DATE]. According to the February 2023 CPO, diagnoses included dementia, anxiety, and post traumatic stress disorder.
According to the 2/22/22 MDS assessment, the resident had a severe cognitive impairment with a BIMS score of three out of 15. The resident was understood by others; but sometimes only understood parts of conversation with others. The resident rejected care assistance occasionally and did not present with aggressive behavior towards self or others. (The resident record contradicted this assessment-see below).
The resident required supervision and set up assistance to limited staff assistance to complete ADLs.
The resident was able to walk but used a manual wheelchair to get around and wandered one to three days a week.
The resident took daily antipsychotic medications.
B. Resident interview
Resident #2 was interviewed on 2/15/23 at 4:33 p.m. Resident #2 said he was frustrated with the other individuals on the unit, saying they don't do the right things and expressing a desire to make them straighten up. Resident #2 showed off his room and talked about how he kept it in order. Resident #2 said he did not like other people in his room and believed other residents had stolen some of his personal belongings.
C. Record review
The comprehensive care plan, created 12/7/22, identified the resident had behavioral disturbances related to dementia and cognitive decline. The resident was aggressive towards staff and other residents and as a result had been moved to three different units. Resident #2 was described as having poor judgment and poor safety awareness.
According to the 12/7/22 comprehensive care plan, last revised 1/25/23; the resident has a history of prior elopements, elopement attempts, and poor insight and awareness.
The care plan documented a care focus for physical and verbally aggressive behaviors towards others. The goal of the focus was that Resident #2 would not harm self or others and would demonstrate effective coping skills. The care focus documented that the resident became aggressive towards a peer and engaged in a resident to resident altercation with the resident (see resident altercations listed below). Additionally, Resident #2 had the potential to be verbally aggressive to peers and staff; becoming most frustrated with peers that require more assistance than he does; and engaging in verbal harassment of others when he believed the other person was not doing a good job.
Interventions for managing aggressive behaviors included:
-Administer medications (Seroquel), as ordered. Monitor/document for side effects and effectiveness.
-Analyze times of day, places, circumstances, triggers, and what de-escalates behavior and document the behavior.
-Communicate and provide physical and verbal cues to alleviate anxiety; give positive feedback, assist verbalization of source of agitation, assist to set goals for more pleasant behavior, encourage seeking out of staff members when agitated.
-Monitor/document/report, as needed, any signs and symptoms of Resident #2 posing danger to self and others.
- As of 1/26/23;provide 15 minute checks for 72 hrs (hours).
-Staff to remind Resident #2 to ask for assistance in getting peers out of his room.
-Place call light in Resident #2's room with a reminder sign to call for assistance when unwanted visitors are found in his room.
-Provide positive feedback for good behavior. Emphasize the positive aspects of compliance.
According to the facility incident investigation report dated 1/27/23 the resident was in six previous resident to resident physical altercations; on 2/17/22, 5/17/22, 10/20/22, 10/30/22, 12/6/22 and 12/21/22.
Behavior documentation; detailed in a incident investigation dated 1/27/23 revealed Resident #2 had the potential to speak to his peers in a stern tone of voice. Resident #2 was also verbally aggressive towards staff.
-On 3/8/22, Resident #2 was in a verbal altercation with another resident where Resident #2 raised his voice towards the peer over a cookie being in the common area.
On 4/7/22, Resident #2 become physically aggressive with staff while staff was assisting the resident with incontinence care
On 10/20/22, Resident #2 was involved in a physical altercation with another resident, the other resident was injured.
On 10/30/22, Resident #2 hit another resident on top of his head without being provoked and denied doing so. The other resident was not seriously injured.
A review of Resident #2's progress notes revealed the following aggressive behaviors:
On 12/5/22, Resident #2 was disoriented and aggressive towards staff. The resident attempted to elope by looking for exits. Staff offered to contact the resident's daughter and he became angry. Staff tried to reorient the resident and he became angrier and could not be redirected.
On 12/21/22, Resident #2 was observed hitting another resident twice without appearing to be provoked. Resident #2 denied hitting the other resident and said I never hit anyone. When this was reported to the resident's family member; they said Resident #2 had a history of explosive temper when she was young.
On 1/11/23, Resident #2 was aggressive towards staff. The resident moved to the secure unit and immediately acted out. The resident said this is trickery on how I was brought here, I want to leave, I am my own person and you people are running Alcatraz for the [NAME]. The resident started arguing with staff and backup was called.
On 1/19/23, Resident #2 exhibited aggressive behavior over clothes he believed were stolen from his room. The resident was verbally aggressive to staff and unable to be redirected. Staff security was called and was able to calm the resident down and get him back to his room.
On 1/20/23, Resident #2 was restless and not redirectable.
V. Staff interviews
CNA #1 was interviewed on 2/13/23 at 4:43 p.m. The CNA did not know if Resident #1's one-to-one supervision continued at night when the resident went to bed but during the day dedicated staff was assigned to be the resident's one to one and the staff was rotated with shift change. CNA #1 stated that if residents were acting out they would try to redirect them or remove them from the area.
LPN #1 was interviewed on 2/13/23 at 4:49 p.m. The LPN said the night shift on the unit was sometimes short staffed, so the nurse and CNAs took turns watching Resident #1 who was on one-to-one supervision.
The social services director (SSD) was interviewed on 2/15/23 at 2:12 p.m. The SSD said she conducted the investigation into Resident #1 and Resident #2's alleged resident to resident altercation, she was unable to make the conclusion that Resident #2 cause the injuries to Resident #1 but said Resident #2 did not like other residents in his room and would become upset if he discovered someone in his room. The SSD acknowledged Resident #2 had a history of being physical aggressive towards other residents and said she believed despite not having confirmation and an eyewitness reporting that Resident #2 did something to cause Resident #1's injuries she believed Resident #2 caused Resident #1 injuries in a physical resident to resident altercation. The SSD said Resident #2 had been living on the non secured unit prior to being moved to the secured unit because he was being abusive towards peers and required a higher level of supervision and monitoring.
The SSD said the interdisciplinary team (IDT) believed there was a physical altercation between Resident #1 and #2 on 1/26/23 that lead to Resident #1 being injured. As a result, Resident #1 was placed on permanent one-to-one supervision by a dedicated staff. The SSD acknowledged that Resident #1 wandered the unit frequently. Additionally, the facility had prior knowledge of both residents having a prior history of being physically aggressive towards others and that both had been in prior physical and verbal altercation with both staff and residents.
The director of clinical operations (DCO) was interviewed on 2/15/23 at 3:30 p.m. The DCO said when residents were on a one-to-one status/supervision it was expected that the assigned staff/staff persons would provide this level of supervision 24 hours a day for the duration of the designated one-to-one monitoring period until the order was discontinued. The DCO said there were no exceptions except at night if the resident was sleeping; then it was acceptable to keep the resident in line of sight. The DCO said that staff were expected to know which residents need to be supervised more closely for unsafe and aggressive behaviors while wandering and which residents could be left to wander without one-to-one supervision and observation.
AA #2 was interviewed on 2/27/23 at 3:00 p.m. AA #2 said Resident #1 had a declined in cognition and was less able to participate in preferred activities. Additionally, Resident #1 had a history of aggression towards peers. Resident #1 liked staff to provide care as long as they did not approach him with strict directives. Resident #1 disliked being told what to do and could become aggressive if approached in a manner in which he felt he was being told what to do.
Resident #2 liked to observe activities from the back of the room; and felt he needed to keep control of the situation. Resident #2 also had a history of aggression towards peers and needed a higher level of supervision to protect his peers for his aggressive behavior.
CONCERN
(D)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Quality of Care
(Tag F0684)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and interviews, the facility failed to follow professional standards of practice by conducting a thorough...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and interviews, the facility failed to follow professional standards of practice by conducting a thorough assessment of symptoms; providing ongoing monitoring of new and emerging irregular symptoms; and notification to the physician when a resident experienced a change of condition, for one (#3) of three residents reviewed out of 17 sample residents.
Specifically, the facility failed to
-Fully assess Resident #3's health status for other concerning symptoms after the resident experienced a sudden spike in blood pressure, pulse and respirations;
-Provide ongoing monitoring of Resident #3 after the resident experienced a change of condition; and,
-Notify Resident #3's physician when the resident experienced a change of condition with irregular and elevated vital signs which resulted in the need for medical treatment recommendations.
Cross-referenced to F678 failure to follow advanced directive orders to perform CPR when needed.
Findings include:
I. Professional reference
According to [NAME], P.A., [NAME], A.G., et.al., Fundamentals of Nursing, 10 ed. (2020), E.[NAME], St. Louis Missouri, p. 467. The most frequent return measurements obtained by healthcare providers are those of temperature pulse, blood pressure, respiration, respiratory rate, and oxygen saturation as indicators of health. These measurements indicate effectiveness of circulatory system, respiratory, neural and endocrine body function. Because of their importance they are referred to as vital signs (VS).
Measurements of vital signs provide data to determine a patient's usual status of health and baseline data. Many factors such as the temperature of the environment, the patient's physical exertion, and the effects of illness can cause vital signs to change, sometimes outside of acceptable ranges. Alterations in vital signs are signals of change in physical functioning. Assessment of vital signs provides data to identify nursing diagnosis, implementing planning interventions, and evaluate outcomes of care.
Vital signs are a quick and effective way to monitor a patient's condition or identify problems, evaluating his or her response to interventions. When you (the nurse) learns the physiology variables influencing vital signs and recognize the relationship of their changes to one another and the other physical assessment findings, you (the nurse) can make precise determination about the patient's health status, and the need for medical or nursing interventions. Vital signs and other physiological measurements are the basis for clinical decision-making and problem solving. Many agencies adopt early warning scores determined by vital sign data entered into electronic medical records to alert nurses to potential changes and in a patient's condition.
According to the Centers for Disease Control (CDC) High Blood Pressure Symptoms and Causes, last reviewed [DATE], retrieved from https://www.cdc.gov/bloodpressure/about.htm on [DATE]: Blood pressure is the pressure of blood pushing against the walls of your arteries. Arteries carry blood from your heart to other parts of your body. Blood pressure is measured using two numbers: The first number, called systolic blood pressure, measures the pressure in your arteries when your heart beats. The second number, called diastolic blood pressure, measures the pressure in your arteries when your heart rests between beats.
The higher your blood pressure levels, the more risk you have for other health problems, such as heart disease, heart attack, and stroke.
The American College of Cardiology/American Heart Association Guideline for the Prevention, Detection, Evaluation, and Management of High Blood Pressure in Adults (2017 Guideline):
-Normal blood pressure measures are systolic: less than 120 mm Hg, and diastolic: less than 80 mm Hg.
-Elevated blood pressure measures are systolic: 120-129 mm Hg, and diastolic: less than 80 mm Hg
-High Blood Pressure (hypertension) measures are systolic: 130 mm Hg or higher and diastolic: 80 mm Hg or higher.
II. Facility policy
The Change of Condition (COC) policy, initiated [DATE] and revised [DATE], was provided by the nursing home administrator on [DATE] at 3:02 p.m. It read in pertinent part: The (facility name) has established physician notification parameters to alert nursing staff of the potential or actual changes in a resident's condition. Parameters assist nursing staff in the recognition of urgent or subtle resident condition changes that warrant physician notification. It is recognized that early intervention in acute illness often is the best method of preventing serious morbidity and mortality in this population.
Licensed nursing staff will be competent and knowledgeable about the recognition of resident
COC, emergency procedures, and appropriate notification of administration, physician, and the resident responsible party/legal representative. In an emergency situation, the clinical judgment of the licensed nurse is essential to ensuring immediate emergency and/or medical treatment. The licensed nurse has an individual, ongoing responsibility to assess resident status and intervene appropriately. This requires knowledge of current clinical practice standards, through continuing education/in-service attendance and knowledge of the (facility name) internal policies, procedures, and protocols.
The following significant COC concerns have been identified within the protocols (including immediate and non-immediate notification):
-Abnormal vital signs.
The Change of Condition (COC) Notification policy, initiated [DATE] and revised [DATE], was provided by the nursing home administrator on [DATE] at 3:02 p.m. It read in pertinent part: The purpose of this policy is to ensure the name of facility) promptly informs the resident, consults the resident's physician; and notifies, consistent with his or her authority, the resident's representative when there is a change requiring notification.
Circumstances requiring notification include:acute conditions.
III. Resident #3
A. Resident status
Resident #3, age [AGE], was admitted on [DATE] and expired on [DATE]. According to the [DATE] computerized physician orders (CPO), diagnoses included multiple sclerosis, neuromuscular dysfunction of the bladder, dementia and hypertension.
The [DATE] minimum data set (MDS) assessment revealed the resident had severely impaired cognition with a brief interview for mental status (BIMS) scoring of six out of 15. The resident required extensive to total assistance with completing activities of daily living.
B. Record review
A review of Resident #3 medical records revealed the resident was found unresponsive without breath or a pulse on [DATE] at approximately 10:45 p.m. The resident passed away in the care of the facility.
Earlier the evening of [DATE] the resident's vital signs presented as irregular with an elevated spike in blood pressure and pulse. The resident record failed to document a nursing assessment for additional symptoms that could explain the resident change of condition. There was no documentation to show the nurse continued any further monitoring of the resident presenting symptoms. Additionally, the record failed to document any communication between the nurse and the resident physician, document the nurse notified the resident physician of the resident condition or documentation that any additional treatment methodology was sought.
The resident vital signs record document the resident vital signs (see professional references above, for medical background), as follows:
-The resident's blood pressure on [DATE] at 5:00 p.m., was 171/80 (normal 120/80). The record further revealed that the highest the resident's systolic blood pressure ever was in the last four months was 139.
The resident pulse on [DATE] at 5:06 p.m., was 90 which was flagged as irregular - new onset.
The resident respirations on [DATE] at 5:06 p.m. were elevated at 22 breaths per minute.
The facility documented an interview with the Resident #3's primary care practitioner/ physician's assistant (PA). The interview occurred on [DATE]; the PA the office had not received a call from anyone at the facility to report Resident #3 was experiencing a change of condition in baseline vital signs.
IV. Staff interviews
The medical director (MD) was interviewed on [DATE] at 3:53 p.m. The medical director had recently become familiar with this resident and the events that preceded the resident passing the MD said the nurse taking care of the resident should have notified the resident physician as soon as the resident presented with a change of condition and provided additional monitoring for the resident's symptoms.
The assistant director of nursing (ADON) was interviewed on [DATE] at 3:05 p.m. The ADON said the resident's physician should have been notified of the resident's change of condition to see if the physician had any additional treatment orders. All communication was to be documented in the resident's records.
Registered nurse (RN) #3 was interviewed on [DATE] at 10:10 a.m. RN #3 said the procedure for addressing a resident change of condition depended on what kind of change the resident was experiencing. A change in the resident's physical or medical condition required a call to the resident's physician and the resident's family. To reach a resident physician after hour's the nurse would have to call the physicians on call service; if there was no answer or response the nurse would then call the facility MD, and as a last resort send the resident to hospital. The nurse was expected to document all efforts and communication with the physician in the resident progress notes in the electronic medical record (EMR).
RN #4 was interviewed on [DATE] at 11:12 a.m. RN # 4 said when a resident experienced a change in condition the nurse would contact the resident's family and primary care physician. If the nurse was unable to reach the resident's physician, the nurse would then call the facility MD. RN #4 said there was always a physician available to call to report and discuss a resident's change of condition. The efforts to reach out to the resident's physician was to be documented in the resident's EMR. Sometimes the nursing supervisor would come to the unit to assist with assessing the resident condition and reporting findings to the resident's physician; when the unit had a lot going on.
Licensed practical nurse (LPN) #7 was interviewed on [DATE] at 2:10 p.m. LPN #7 said when a resident had a change of condition after hours she would review the resident record and consult with the unit manager or nursing supervisor and then call the physician on call. LPN #7 said they had to sometimes leave a message and wait for a call back. If she could not reach a physician for treatment orders, she would then send the resident out to the hospital for further assessment.
CONCERN
(D)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0744
(Tag F0744)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, record review and interviews, the facility failed to effectively address the care and treatment needs of ...
Read full inspector narrative →
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, record review and interviews, the facility failed to effectively address the care and treatment needs of resident diagnosed with dementia to attain or maintain his or her highest practicable physical, mental, and psychosocial well-being; for of two (#1 and #2) of three residents reviewed for dementia care, out of 17 sample residents.
Specifically, the facility failed to identify effectively and implement person-centered approaches for dementia care to:
-Identify, address, and/or obtain necessary services for the dementia care needs of
Resident #1 and #2;
-Develop and implement person-centered care plans that include and support the
dementia care needs, identified in the comprehensive assessment, for Resident #1 and #2;
-Develop individualized interventions related to the resident's symptomology and
rate of progression (providing verbal, behavioral, or environmental prompts
to assist a resident with dementia in the completion of specific tasks) for Resident #1 and #2; and,
-Provide a consistent activities program for residents diagnosed with dementia to engage residents with meaningful activities throughout the day.
Cross-reference to F600 for resident to resident physical abuse
Findings include:
I. Facility policy
The Secured Memory Care Policy, revised February 2023, was provided by the director of clinical operations (DCO) on 2/15/23 at 3:30 p.m It read in pertinent part: Person-centered care plans are developed for residents based on resident assessments.
-Care will be person-centered and will maximize the resident's dignity, autonomy, privacy, socialization, independence, choice, and safety.
-Individualized, non-pharmacological approaches to care will be utilized, to include meaningful activities aimed at enhancing the resident's well-being.
-Appropriateness for continued placement will be reviewed after the first 30 days and at least quarterly following admission into the secured memory care neighborhood.
-Staff will be trained on dementia care practices annually and as needed to ensure they have the appropriate knowledge and skill sets to help resident's living in the secured memory care neighborhood.
The Dementia Education policy, revised February 2023, was provided by the DCO on 2/15/23 at 3:30 p.m. It read in pertinent part:Interventions for common dementia-related behaviors (for example, redirection, distraction, changing the environment,de-escalation or a calming activity).
Crisis intervention for dangerous behaviors. Examples include:
i. Securing safety of other residents
ii. Obtaining help from others
iii. Securing the safety of yourself
iv. Calming the aggressive resident
The Continuous Observation policy, revised February 2023, was provided by the DCO on 2/15/23 at 3:30 p.m It read in pertinent part: One to one (1:1) continuous observation is a term used for a designated person whose role it is to provide one to one observation to an individual resident for a period of time.
The designated person assigned to provide one to one observation for an individual resident is responsible for:
-Engaging and interacting with the resident whenever the opportunity arises
-Monitoring the resident's behavior, documenting and reporting any changes in behavior
-Any other appropriate care or assistance, as needed
-Ensuring the resident's safety
-Ensuring the safety of other residents in the area
The resident shall remain under direct line of sight continuously while indicated.
The need for one to one observation will be continuously assessed during the critical periods and the interdisciplinary team (IDT) will decide when it is appropriate to discontinue.
Staff will maintain one to one documentation records while the resident is under observation.
Staff will document resident behaviors or other pertinent data in the medical record including the decision to continue or discontinue the observation is made by the IDT.
II. Resident #1
A. Resident status
Resident #1, age [AGE], was admitted on [DATE]. According to the February 2023 computerized physician orders (CPO), diagnoses included Alzheimer's disease, unspecified dementia with behavioral disturbance and post traumatic stress disorder).
According to the 1/4/23 minimum data set (MDS) assessment the resident had a severe cognitive impairment with a brief interview for mental status (BIMS) score of four out of 15. The resident usually understood others but missed some parts or intent of the message; and was usually understood in conversation but had difficulty communicating some words or finishing thoughts.
The resident rejected care and staff assistance; displayed physically and verbally aggressive behaviors directed towards others; and wandered almost daily.The resident needed extensive assistance completing activities of daily living (ADLs)including bathing, dressing and grooming and toileting; with limited assistance to complete transfers.
The assessment documented the resident was independent with walking around the unit despite being assessed for wandering and physically and verbally aggressive behavior towards others.
The resident was on daily antipsychotic medications and antidepressants medications.
B. Record review
The comprehensive care plan, created 12/28/22, identified the resident had alteration in mood and behavior problems as evidenced by striking out at other residents. The care focus documented the resident had a short fuse and risked disruption of group activities related to verbal outbursts with other residents. Interventions included validating the resident's concerns and letting the resident calm down before redirection and inviting the resident to structured programs of interest. The resident was placed on one-to-one monitoring by a dedicated staff on 12/21/22, due to a physical altercation with another resident.
III. Resident #2
A. Resident status
Resident #2, age [AGE], was admitted on [DATE]. According to the February 2023 CPO, diagnoses included dementia, anxiety, and post traumatic stress disorder.
According to the 2/22/22 MDS assessment, the resident had a severe cognitive impairment with a BIMS score of three out of 15. The resident was understood by others; but sometimes only understood parts of conversation with others. The resident rejected care assistance occasionally and did not present with aggressive behavior towards self or others. (The resident record contradicted this assessment-see below).
The resident required supervision and set up assistance to limited staff assistance to complete ADLs.
The resident was able to walk but used a manual wheelchair to get around and wandered one to three days a week.
The resident took daily antipsychotic medications.
B. Record review
The comprehensive care plan, created 12/7/22, identified the resident had behavioral disturbances related to dementia and cognitive decline. The resident was aggressive towards staff and other residents and as a result had been moved to three different units. An additional care focus revealed the resident watching television and listening to music. The resident did attend some group activities but needed gentle redirection while in scheduled programs due to the resident's tendency to become overbearing with others The resident could become domineering in conversations while pushing personal beliefs onto others.
According to the 12/7/22 comprehensive care plan, last revised 1/25/23; the resident has a history of prior elopements, elopement attempts, and poor insight and awareness.
The care plan documented a care focus for physical and verbally aggressive behaviors towards others. The goal of the focus was that Resident #2 would not harm self or others and would demonstrate effective coping skills. The care focus documented that the resident became aggressive towards a peer and engaged in a resident to resident altercation with the resident (see resident altercations listed below). Additionally, Resident #2 had the potential to be verbally aggressive to peers and staff; becoming most frustrated with peers that require more assistance than he does; and engaging in verbal harassment of others when he believed the other person was not doing a good job.
Interventions for managing aggressive behaviors included:
-Administer medications (Seroquel), as ordered. Monitor/document for side effects and effectiveness.
-Analyze times of day, places, circumstances, triggers, and what de-escalates behavior and document the behavior.
-Communicate and provide physical and verbal cues to alleviate anxiety; give positive feedback, assist verbalization of source of agitation, assist to set goals for more pleasant behavior, encourage seeking out of staff members when agitated.
-Monitor/document/report, as needed, any signs and symptoms of Resident #2 posing danger to self and others.
- As of 1/26/23;Provide 15 minute checks for 72 hrs (hours).
-Staff to remind Resident #2 to ask for assistance in getting peers out of his room.
-Place call light in Resident #2's room with a reminder sign to call for assistance when unwanted visitors are found in his room.
-Provide positive feedback for good behavior. Emphasize the positive aspects of compliance.
IV. Resident observations
On 2/13/23 from 1:28 p.m. to 5:00 p.m., the residents and staff on the secured unit were observed continuous. The scheduled 1:30 p.m. activity finish the phrase was provided to a couple of residents, one the unit. No alternative activity was offered to diesistrented resident's. The 2:30 p.m. activity did not occur and no substitute activity was provided to any resident on the unit. The staff did provide the 3:30 p.m. activity which was simply beverages and taking a break, where residents sat in recliners as they were befor the activity began. Resident were provided a beverage to drink.
-Throught the observation Resident #2 was observed roaming the common area in a manual wheelchair. Resident #2 was not provided with any structured activities or any independent activity. Resident #2 tried to initiate conversaton with staff but staff were not very talkative with the resident.
-At 1:38 p.m. Resident #1 was sitting in a recliner in the main room listening to music with staff monitoring him. The resident continued to sit in the main room having minimal interaction with anyone until his one-to-one staff changed at 4:00 p.m. After a brief greeting, Resident #1 continued to sit in the main room until the observation ended at 5:00 p.m.
On 2/15/23 from 11:31 a.m. to 4:55 p.m. resident and saff in the secured unit were observed.
-At 12:01 p.m., Resident #1 was in his room with his one-to-one staff member, and they went on a walk off the unit with the activities staff. Resident #2 was in his wheelchair in his room, just sitting with no activity.
-At 12:27 p.m., Resident #1 returned to the unit where his one-to-one staff member took over his supervision. No additional activities were offered to the other residents and the staff had minimal interaction with the residents on the unit. The television was on in the main area and several residents were sitting in the main area watching while others slept.
-At 1:30 p.m. the scheduled activity, finish that phrase, did not occur and no substitutions were not offered to any of the residents on the unit.
-At 2:26 p.m., Resident #1 had moved from his room to the main area while staff worked at the nurses station behind the resident not look at or interact with Resident #1. The one-to-one staff assigned to the resident left for the day and the resident was not provided any activity.
-At 2:30 p.m., a staff member offered Resident #2 and others ice cream. The scheduled activity of walking was not offered to any of the residents on the unit. No activities were offered in place of the walk.
-At 2:50 p.m., licensed practical nurse (LPN) #2 said she was taking the one-to-one supervision of Resident #1, but instead went back to the nurses station and began typing on the computer with her back to Resident #1.
-At 2:59 p.m, LPN #2 spoke from across the room to Resident #1 and said I'm coming, indicating that she would be at his side very soon.
-At 3:00 p.m., LPN #2 took Resident #1 to his room to provide resident care. The resident remained in his room with the door closed for the remainder of the observation time.
-At 3:10 Resident #2 returned to his room with the door open. He was not approached by staff or offered any activities.
-At 3:30 p.m. the scheduled activity, easy craft, did not occur and substitutions were not offered to any resident on the unit. Residents were observed sitting in the unity recliners dozing without staff engagement. A couple of residents were observed wandering the unit.
-At 4:55 p.m. staff began encouraging residents to go to the dining room for dinner and the continuous observation ended.
-There were no structured activities offered to residents during this observation and the majority of residents were in their rooms sleeping, watching television or dozing in the recliners in the common area, Staff were observed passing medication, writing on the computer and talking amongst themselves; there was very little resident engagement.
V. Resident Interview
Resident #2 was interviewed on 2/15/23 at 4:33 p.m., Resident #2 said he was frustrated with the other individuals on the unit, saying they don't do things right arount here and expressing a desire to make them straighten up by kicking them in the (explicitive word). Resident #2 showed off his room and talked about how he kept it in order.
VI. Staff interviews
Certified nurse aide (CNA) #1 was interviewed on 2/13/23 at 4:43 p.m. The CNA did not know if Resident #1's one-to-one supervision continued at night when the resident went to bed but during the day dedicated staff was assigned to be the resident's one-to-one supervision and the staff were rotated with shift change. CNA #1 stated that if residents were acting out they would try to redirect them or remove them from the area.
LPN #1 was interviewed on 2/13/23 at 4:49 p.m. The LPN said the night shift on the unit was sometimes short staffed, so the nurse and CNAs took turns watching Resident #1 who was the only resident presently on one-to-one supervision.
LPN #2 was interviewed on 2/15/23 at 11:31 a.m. LPN #2 said there was not any special resident specific training provided to staff to better manage residents who wandered or who were aggressive towards others; staff were trained as they go.
CNA #2 was interviewed on 2/15/23 at 12:08 p.m. CNA #2 said there was not any special training to work in the unit, only general orientation. She said they were trained to redirect the residents and if needed encourage them to go to another area of the neighborhood. CNA #2 said it was their job to keep the residents safe.
Activities director (AD) #1 was interviewed on 2/15/23 at 2:49 p.m. The AD said there were tactile activities on the wall and an orange colored room with bins of items to engage residents. Staff could provide the resident with items to keep them engaged in activities.
The director of clinical operations (DCO) was interviewed on 2/15/23 at 3:30 p.m. The DCO said when residents were on a one-to-one status/supervision it was expected that the assigned staff/staff persons would provide this level of supervision 24 hours a day for the duration of the designated one-to-one monitoring period until the order was discontinued. The DCO said there were no exceptions except at night if the resident was sleeping; then it was acceptable to keep the resident in line of sight. The DCO said the facility provided training on dementia and Alzheimer's care and management for all staff, regardless of whether or not the staff was assigned to work on the secured unit.
AA #2 was interviewed on 2/27/23 at 3:00 p.m. AA #2 said the staff working on the secured unit had lots of activity related supplies available on the unit to provide to residents, for program engagement and distraction from engaging in less desirable behavior, such as resident to resident altercations.
AA #2 said the activities department provided the residents on the secured unit with one evening activity a month, BINGO, which according to the secure unit activities calendar occurred the first and last Wednesday of the month at 6:30 p.m. AA #2 said the residents in the secured unit were tired in the evening so the focus was on morning and afternoon activities. AA #2 said the nursing staff had access to magazines and other supplies that they could provide to residents during non structured activity times to facilitate resident engagement. Staff were also encouraged to hold conversations with the resident based on known interests and past hobbies for social engagement.
AA#2 said Resident #1 was interested in architecture and landscaping and like tactile stimulating activities. Resident #1 was on one-to-one supervision, the resident did well with programming and was very accepting of participating in activities with staff once engaged. Resident #1 was usually very agreeable to redirection especially from female staff when approached in a manner to offer care or ask the resident for assistance rather than giving the resident a directive or specific prompt.
AA #2 said Resident #2 liked to be independent and in charge of things. Resident #2 did well when made to feel he was needed to help make sure things were running smoothly and orderly. Resident #2 liked to be able to put things in order. Resident #2 preferred activities to monitor the environment, and socialize with family and staff. Resident #2 did not like other resident's touching his belongings or entering his room.
CONCERN
(F)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0838
(Tag F0838)
Could have caused harm · This affected most or all residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and interview, the facility failed to conduct and document a facility-wide assessment to determine what r...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and interview, the facility failed to conduct and document a facility-wide assessment to determine what resources are necessary to care for its residents competently during both day-to-day operations and emergencies.
Specifically, the facility failed to have a comprehensive facility assessment updated to meet the needs of the current resident population, by:
-Conducting, documenting, reviewing and updating the facility wide assessment at least annually;
-Identifying the needs of the residents requiring a secured unit for memory care and dementia management level of care; and,
-Conducting and documenting into the facility assessment, a facility-based and community-based risk assessment, utilizing an all hazards approach that identified potential hazards, which might occur within the facility's community; and the facility's plan to address the vulnerabilities and challenges the facility would incur during an identified emergency/disaster.
Findings include:
I. Facility assessment
The facility assessment dated [DATE], was reviewed and revealed it was not an up-to-date comprehensive assessment of the facility's resources necessary to provide daily care to the resident population.
The facility assessment read in pertinent part: The facility assessment at a minimum will be updated annually or with any significant changes to equipment, services provided, staffing patterns, acuity levels or changes to the population supported at the time of this assessment. Significant changes will be identified during quarterly QAPI (quality assurance performance improvement) review and/or regular scheduled facility meetings. The next assessment update is scheduled for October 2021.
The facility had a secured unit with 14 residents. The facility assessment identified the facility had a secured unit but did not identify the resident population in the secured unit or the care required by the resident population, specifically the secured unit.
The facility assessment did not identify the community's hazard vulnerabilities or provide a full list of approaches and services needed to keep the current resident population safe in emergencies and disasters natural and man-made.
II. Interview
The nursing home administrator (NHA) was interviewed on 2/26/23 at 4:45 p.m. The NHA acknowledged the facility assessment had not been updated in the last 12 months and was out of date. The NHA was new in the position in the last few weeks and had not had the opportunity to educate the staff on the requirements of the facility assessment so the leadership team could review and make the appropriate updates.
CONCERN
(F)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
QAPI Program
(Tag F0867)
Could have caused harm · This affected most or all residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interviews and record review, the facility failed to ensure an effective quality assurance program to identify and addr...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interviews and record review, the facility failed to ensure an effective quality assurance program to identify and address facility compliance concerns was implemented, in order to facilitate improvement in the lives of nursing home residents, through continuous attention to quality of care, quality of life, and resident safety.
Specifically, the quality assurance performance improvement (QAPI) program committee failed to:
-Obtain committee feedback; collect data; monitor adverse events; identify areas for improvement; prioritize improvement activities; implement corrective and preventative actions; and conduct performance improvement projects related to problem prone areas identified; and,
-Address concerns related to the facility failure to provide emergency basic life support immediately when needed, including cardiopulmonary resuscitation (CPR) to residents, as needed.
Findings include:
I. Facility policy
The Quality Assurance and Performance Improvement (QAPI) policy revised [DATE], was received on [DATE] at 2:30 p.m., from the nursing home administrator (NHA). It read in part: Purpose: It is the policy of this facility to develop, implement, and maintain an effective, comprehensive, data-driven QAPI program that focuses on indicators of the outcomes of care and quality of life.
Performance Improvement (Pl) is the continuous study and improvement of processes with the intent to improve services or outcomes, and prevent or decrease the likelihood of problems, by identifying opportunities for improvement, and testing new approaches to fix underlying causes of persistent/systemic problems or barriers to improvement.
The QAPI plan will address the following elements:
Design and scope of the facility's QAPI program and QAA Committee responsibilities and actions.
Policies and procedures for feedback, data collection systems, and monitoring.
Process addressing how the committee will conduct activities necessary to identify and correct quality deficiencies. Key components of this process include, but are not limited to, the following:
-Tracking and measuring performance.
-Establishing goals and thresholds for performance improvements.
-Identifying and prioritizing quality deficiencies.
-Systematically analyzing underlying causes of systemic quality deficiencies.
-Developing and implementing corrective action or performance improvement activities.
-Monitoring and evaluating the effectiveness of corrective action/performance improvement activities and revising as needed.
A prioritization of program activities that focus on high-risk, high-volume, or problem-prone areas as identified in the facility assessment that reflects the specific units, programs, departments and unique population the facility serves.
A commitment to quality assessment and performance improvement by the governing body and/or executive leaders.
Process to ensure care and services delivered meet accepted standards of quality.
The facility will maintain documentation and demonstrate evidence of its ongoing QAPI program.
Program Feedback, Data Systems, and Monitoring
-The facility maintains procedures for feedback, data collection systems, and monitoring, including adverse event monitoring.
Program Activities
All identified problems will be addressed and prioritized, whether by frequency of data collection /monitoring or by the establishment of sub-committees. Considerations include, but are not limited to:
-High-risk, high-volume, or problem-prone areas.
-Incidence, prevalence, and severity of problems in those areas.
-Measures affecting resident health, safety, autonomy, choice, and quality of care.
Medical errors
II. Review of the facility's regulatory record revealed it failed to operate a QA program in a manner to prevent repeat deficiencies and initiate a plan to correct
F678 Cardiopulmonary Resuscitation (CPR)
During the survey conducted between [DATE] and [DATE] failure to provide emergency basic life support immediately when needed, including cardiopulmonary resuscitation (CPR) to resident's, as needed, was cited at a J scope and severity (immediate jeopardy).
III. Cross-referenced citations
Cross-reference F600: The facility failed to provide implement interventions to prevent resident to resident altercations between residents on the secured dementia care unit, was cited at a G scope and severity, harm that was isolated.
Cross-reference F684: The facility failed to assess and notify the physician when a resident experienced a change of condition, was cited a D scope and severity, with the possibility of more than minimal harm.
IV. Staff interviews
The nursing home administrator (NHA) was interviewed on [DATE] at 5:30 p.m. The NHA was hired in the last couple of weeks. The NHA said the first QAPI committed meeting he attended was on [DATE], just after starting the position. The NHA said the committee members presented program information but had not been addressing identified regulatory failures including the [DATE] and [DATE] incidents involving two residents passing while in the care of the facility. The NHA recognized the QAPI committee was not engaging in QAPI appropriate activities to address regulatory compliance, high risk concerns with identified improvement opportunities occurring throughout the facility. After recognizing the QAPI committees needed some operational direction, the NHA provided committee members an in-service on QAPI activities; set up an agenda and actions items for suture meetings; then scheduled a subsequent QAPI meeting, which occurred on [DATE]. The NHA said improving QAPI function was an important and ongoing priority.
The NHA acknowledged while the QAPI minutes showed the committee was presenting identified failures throughout the facility; the committee had not identified areas for improvement; prioritize improvement activities; implement corrective or preventative action. The NHA said he set a priority to work on improving the function and operation of the QAPI committee to be more effective.