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
Quality of Care
(Tag F0684)
A resident was harmed · 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 ensure treatment and care in accordance with profess...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, record review and interviews, the facility failed to ensure treatment and care in accordance with professional standards of practice and the comprehensive person-centered care plan for one (#48) of four residents reviewed for quality of care out of 44 sample residents.
Specifically, the facility failed to honor the resident's choice to be sent to the hospital upon her request. On 9/26/22 Resident #48 developed altered mental status and functional decline in mobility. The resident had difficulty communicating her thoughts, but expressed to multiple staff members that she needed to go to the hospital. Her request was not honored. Her condition continued to deteriorate, and she was hospitalized on [DATE] after the state of her health condition was brought to the attention of a nurse practitioner (NP) #2 by the resident's speech therapist (ST). In the hospital, the resident was diagnosed with a urinary tract infection (UTI), acute kidney injury, and lithium toxicity.
After the resident returned from the hospital (10/10/22), she did not return to her baseline of functioning, her mental status fluctuated, and she expressed concerns to the ST and psychiatrist (PSY) about the nursing staff being inattentive to her concerns. Her condition continued to deteriorate mentally and physically, she was no longer able to express her thoughts and became completely dependent on staff for her care. By the end of October 2022, she had stopped eating and drinking.
On the evening of 11/1/22 the ST found the resident in the hallway. The resident did not recognize the therapist and did not respond to her voice. Nursing notes for 11/1/22 revealed the resident's blood pressure was low, but there was no supporting documentation that blood pressure levels were communicated to the resident's physician.
The ST reached out to the director of nursing (DON), and the resident was assessed by a unit manager on duty and was sent out to the hospital (17 hours after the initial drop in her blood pressure was documented), where she was diagnosed with acute encephalopathy (altered mental status), acute dehydration, lithium toxicity, acute renal failure and low blood pressure due to dehydration.
In addition, the facility failed to investigate the concern of care the ST expressed to the DON on behalf of the resident prior to her hospitalization on 11/1/22.
Findings include:
I. Resident #48
Resident #48, age [AGE], was admitted on [DATE]. According to the November 2022 computerized physician orders (CPO), diagnoses included bipolar disorder, anxiety disorder, history of urinary tract infection, and dysphagia (swallowing difficulty).
The 8/6/22 minimum data set (MDS) assessment revealed the resident had moderately impaired cognition with a brief interview for mental status (BIMS) score of eight out of 15. The resident did not display delusions or hallucinations, and did not reject the care.
She required supervision, oversight and encouragement from one person for bed mobility, transfers, dressing, personal hygiene and eating. The resident was occasionally incontinent of bladder and always continent of bowel.
The 10/17/22 minimum data set (MDS) assessment revealed the resident had moderately impaired cognition with a brief interview for mental status (BIMS) score of 10 out of 15. The resident did not display delusions or hallucinations, and did not reject the care.
She required extensive assistance of two or more individuals for bed mobility, transfers, dressing, personal hygiene and eating. The resident was frequently incontinent of bowel and bladder.
II. Record review
1. Resident's status prior to hospitalization on 10/6/22 (change of condition)
The 9/26/22 SBAR summary documented that the resident's condition changed, she had altered mental status and functional decline in mobility. Her vital signs were within normal limits. The resident's primary care physician (PCP) #1 was notified.
The PCP #1's late entry note on 9/26/22 read, the visit was requested by nursing staff. The resident had increased lethargy and confusion. She had trouble finding her words and speaking today, her responses were slow. During assessment, the resident was sitting in a wheelchair, she was more lethargic, she had flat affect, no anxiety, she had difficulty answering questions with word finding difficulty. The plan of care was to check the labs and do a follow up visit on upcoming Thursday (9/29/22).
On 9/27/22 Resident # 48 had an unwitnessed fall with no injuries on her way to the bathroom.
On 9/28/22 urinalysis with culture and sensitivity were received from the lab with no indication of infection. Lithium levels were within normal limits. Renal functioning test was within normal limits as well.
The nurses note on 9/28/22 documented, Resident is up ambulating with her walker today, but continues to be confused at times and finding it hard to find words. Resident states that she wants to go to the hospital. The writer explained to the resident that her blood work came back and looked good, the resident stated that she didn't care, she wanted to go to the hospital. Later documented, The resident is resting quietly and no longer talking of going to the hospital or calling 911.
On the same day the resident's psychiatrist (PSY) was called regarding resident refusal of medications now due to her feet being 'to sticky' and that when he is in the building tomorrow, 9/29/22, he can possibly check in on the resident.
The PCP #1's late entry note on 9/29/22 summarized the lab results stating no indication of urinary tract infection or any other infection, however the resident continued to say she was not feeling well and wanted to go to the hospital, but she could not state why she would need to be seen at the hospital. Plan of care was to continue to monitor the resident.
Between 9/30/22 and 10/6/22 the resident had five falls with no injuries on 9/30/22, 10/4/22, 10/5/22 at 2:11 a.m. and at 9:47 a.m.
2. Hospitalization on 10/6/22
The 10/6/22 at 5:38 a.m. nurses note documented that the resident was yelling help instead of using her call light.
At 4:53 p.m. the note by licensed practical nurse (LPN #4) documented, At approximately 3 p.m. the CNA (certified nurse aide) came to this writer and stated that the therapists were in this resident's room and stated that they were going to send the resident out. This writer entered the room and there were three staff in with this resident from therapy, one was sitting on the bed next to this resident, this staff member stated that the resident was acting off, this writer stated that this was true and that she has been 'acting off' for a couple of weeks now, this staff member stated that the resident told her she wanted to go to the hospital. This resident has not stated to this writer or any other staff member today that she wanted to go to the hospital. Writer told the staff members that the (nurse practitioner) was coming to assess this resident today and that there was no order for her to be sent to the hospital. Writer then went to make a phone call to the (nurse practitioner) and asked her if she had ordered this resident to be sent to the hospital. The (nurse practitioner) stated no, that she was just a few minutes away and would assess her when she arrived. Writer then went back into the residents room and the resident was gone. This writer came out of the residents room and the speech therapist stated that they had taken the resident to the gym, she was worse and they were sending her out emergent. Later, the nurse manager from 4th floor came to this writer and stated that the resident was up on 4th and (nurse practitioner) was up there assessing her.
This writer has been in and out of the residents (room) numerous times during this shift, the resident has been weaker and has required more assistance with toileting and ADL's (activities of daily living), the resident kept going to the bathroom and then getting stuck in her wheelchair in the bathroom and had to be assisted back to her bed.
At 5:09 p.m. resident's vital signs were documented and they were normal.
At 5:12 p.m. a nurse's note revealed that the resident was assessed by the nurse practitioner (NP) who ordered the resident to be sent to the hospital for evaluation and treatment.
At 5:45 p.m. the resident was sent to the hospital.
The note by the speech therapist (ST) on 10/6/22 at 7:35 p.m. documented that the resident demonstrated a significant decline in oral motor skills and mobility. The (ST) approached staff about having the resident to be evaluated to go out to the hospital.
The NP note on 10/6/22 documented tha resident appeared fatigued and weak. She had no fever or chills, the rapid test for COVID was negative.
-There were no notes by the nurse manager (NM) who was with the resident on 10/6/22.
Hospital records were not available for review.
The resident spent four days in the hospital, and returned to the facility on [DATE].
The NP note on 10/11/22 revealed the resident was readmitted from the hospital where she was diagnosed with a UTI, acute kidney injury, and lithium toxicity. The resident was to receive antibiotics through 10/16/22 for the UTI.
3. Hospitalization on 11/1/22
The nurse's admission note on 10/10/22 revealed Resident #48 returned from the hospital on [DATE] and refused to take her medications that the nurse offered to her. After three attempts, the resident accepted her medications.
On 10/11/22 at 5:00 p.m. the nurse's note read, resident has been yelling out 'Help!' periodically today and then when staff enter the room the resident isn't quite sure what she needs. Resident is alert and oriented one minute and then completely disoriented and unable to say anything that makes sense.
On 10/12/22 at 8:45 a.m. the note read, Resident declined to swallow her medications this morning, she held them in her mouth and then spit them out. Resident did the same thing with her breakfast, she held bites in her mouth and then spit them out.While writer was passing medications the resident began to yell out 'I'll take a Valium', 'I'll take Klonopin' , 'I'll take Ativan' . Resident then asked the CNA to be taken to physical therapy because they said they would help me.
The skilled nursing note on 10/12/22 at 5:25 p.m. documented, resident was Spitting out food and medications, continues to be a one person extensive assist with all ADL's and requires assistance with transfers. Resident is currently incontinent of the bladder.
On 10/13/22 at 4:46 a.m. nurses note read, Resident yells out for 'help' or screaming versus using call light. Educated to use call light for assistance and the resident will verbalize understanding. Then yells out again stating she can't find a call light when she's holding it. Repeats statements with clear speech to mumbling and not making sense.
-There was no assessment of change of condition for Resident #48 after her mental status changed, after she started to refuse medications, and continued to yell for help.
-There was no nursing documentation that the above behaviors were communicated to the resident's PCP #1.
On 10/13/22 at 6:20 p.m. Resident #48 had a fall with no injury.
The same day on 10/13/22 the resident was assessed by PCP #1, seen at the request of the speech therapist to assess the condition of the resident. The PCP documented the following findings, (resident) had increased lethargy and confusion of sudden onset in late September. Evaluation was negative for acute illness. On October 6, she was lethargic in therapy. Therapists informed nursing that she should be sent to the ED for continued alteration in mental status. She was evaluated by nursing and by the (nurse practitioner); after discussion with all involved with seeing the resident, it was decided to send her to the (hospital).
There are no records available for review from her hospitalization. She was apparently treated for urinary tract infection, dehydration, and lithium toxicity. Her last lithium level here was 1.0 on September 27.
Today the speech therapist again reports that therapy staff is concerned that she has had a stroke. This concern is based on their observation that she is intermittently lethargic and is generally weak.
When I entered her room she was sleeping. She roused easily and answered questions appropriately. She had some word finding difficulties but given enough time she could express herself. She continues to have urinary frequency but denies dysuria. She states that she doesn't feel that the antibiotics she got in the hospital have changed how she has been feeling.
The plan of treatment included: (Resident) can state the month, year, and where she is. She has no unusual thoughts and has no delusions or auditory hallucinations during the visit. Psychiatrist will be seeing her today as well to assess her mood because some of her symptoms of loss of interest in therapy, poor short term memory, fatigue, and increased sleepiness could be symptoms of worsening depression. Will order head CT (computerized tomography) to rule out stroke but feel this is unlikely.
-There was no additional documentation that the CT scan was scheduled and completed.
The ST note on 10/16/22 documented that prior to the therapy, resident was found to be soaked in juice, needed assistance from CNA to get changed. Resident demonstrated significantly increased chewing time, chewing when there was no longer food in the mouth, pocketing on the left side that could only be resolved with maximum cuing. Resident's physician recommended a CT scan to rule out stroke.
The skilled nurses note on 10/21/22 documented, Resident not using toilet and having increased incontinence episodes. She requires assistance of two people with a sit-to-stand lift for transfers.
On 10/25/22 resident was assessed by PCP #2, who documented, The patient is being seen routinely and the chart has been reviewed and discussed with staff and provider. Staff endorsed that the patient cannot do anything, walk, stand or dress.
Plan of care was to continue to monitor for side effects and general presentation per diagnosis.
The skilled nurse's note on 10/26/22 documented, the resident was lethargic.
The ST note on 10/27/22 documented, Met with resident's unit manager to advocate for resident moving to another unit due to how nursing treats resident, how resident feels on the unit, the kind of support resident needs.
The ST note on the 10/30/22 documented, staff reports increased frustration with resident during meal times. Resident was yelling and CNAs have been leaving her in her room when she does not want to come down. Resident agreed to get up but was saying how her CNA was evil. Resident demonstrated more difficulty than usual talking, was weepy throughout. Only ate a few bites. Education to provide complete assistance with meals was communicated to the nursing staff.
The 10/31/22 nurse's note read, Today resident is not swallowing any food and/or fluids, writer crushed residents medications and put them in yogurt, the resident had them in her mouth for quite some time and after a couple minutes of queuing the resident to swallow, the resident then just spit them out all over herself. The resident was taken to the dining room for lunch, the CNA tried to assist the resident eating, the resident again wouldn't swallow, the CNA tried to que the resident to swallow and theresident yelled 'I can't, I can't!' and then spit out the food/fluids all over herself again. Writer notified the provider that the resident needs to be seen today by the provider and possibly speak to the family regarding hospice. The resident, according to the weekend CNA's, was talking and using her wheelchair as before and now she's back to being alert and oriented to herself only, and unable to swallow.
The PCP #1 note on 10/31/2 read, Earlier this month the speech therapist again reports that therapy staff is concerned that she has had a stroke. This concern is based on their observation that she is intermittently lethargic and is generally weak.
She continues to have a waxing and waning course. In the mornings she is usually alert and cooperative; she becomes more confused and unable to participate with care and therapies as the day goes on.
Today she is lethargic and emotionally volatile. She will be talking normally, then start to cry, then fall asleep. She cannot fully explain how she is feeling.
Nursing reports that she would not swallow food at lunch. When I asked her about this, she stated that she didn't like the food so she spit it out.
The head CT ordered on October 13th was never scheduled. I asked the staff again to get this scheduled as soon as possible.
The plan of care included to recheck labs, ask staff to schedule head CT as soon as possible.
On 11/1/22 at 3:36 a.m. a skilled nursing note documented that resident's blood pressure dropped to 92/60 (with normal being 120/80). The resident was alert.
At 3:43 p.m. resident's blood pressure was 100/64, Resident (was) lethargic. Resident is sitting in her wheelchair with her eyes closed most of the time and yelling out continuously, staff unable to redirect resident, resident just screams louder when anyone tries to talk to her. Resident continues to state she can't swallow, the resident did take her medications today crushed in yogurt.
-There was no documentation that the drop in the resident's blood pressure was reported to PCP #1 on 11/1/22 when it was initially taken or later during the day.
The change of condition summary was completed on 11/2/22 (after the resident was discharged to the hospital). The resident's blood pressure at the time of discharge was recorded as 84/50.
On 11/9/22 the ST assessment documented a summary of the resident's condition prior to the hospitalization. Before (the hospitalization), over the course of approximately six weeks, the resident had progressed from regular thin to mechanical soft diet. On Tuesday, November 1st, it was reported by CNA and RN that the resident had not been able to chew foods or swallow food/drinks for four days (since 10/29/22). At this time, CNA staff with a nurse present reported having stopped feeding the resident for the previous four days and instead had been pouring thickened juice down the resident's throat.
-At the time of the encounter with the therapist, the resident did not respond to her name, did not recognize the therapist and was not able to swallow water that was offered to her.
The meal and fluid record for October 2022 revealed that the last documented meal and fluid intake for the resident was on 10/27/22. The record for 10/28/22 was left blank. On 10/29, 10/30, and 10/31/22 the meal and fluid intake record was marked with RR (resident refused) for all three shifts.
4. Hospital records
Hospital admission records indicated Resident #48 was admitted to the emergency room on [DATE] at 9:57 p.m. (17 hours after her blood pressure dropped below the normal range).
Primary admitting diagnoses included:
-Acute metabolic encephalopathy-multifactorial including UTI, acute renal failure, lithium toxicity;
-Acute dehydration;
-Acute renal failure-in the setting of severe dehydration hypovolemia (low fluids in the body).
-Hypotension (low blood pressure)-due to hypovolemia. Two litters of intravenous (IV) fluids were administered.
-Hypernatremia (high levels of sodium)-due to dehydration
-Acute cystitis (inflammation of the urinary bladder).
-The resident's lithium medication was discontinued prior to the discharge from the hospital.
On 11/6/22, after five days of hospitalization, the resident returned to the nursing facility.
III. Resident interview
The resident was interviewed on 12/1/22 at 3:45 p.m. The resident was in bed, and she responded to her name. She was alert and oriented to self and her surroundings. She recalled being in the hospital several times, stating the reason for hospitalization was lithium toxicity. She did not recall any details prior to her hospitalizations.
She said she was treated well by staff and was happy with her care. She said her appetite was good and she was back to being able to eat independently, and independently use the bathroom. She said she continued to work with the ST, physical therapy (PT) and her psychiatrist. She was aware that her lithium was discontinued and she was on another medication that her psychiatrist recommended.
IV. Staff interviews
The ST was interviewed on 12/1/22 at 9:47 a.m. She said she has been working with Resident #48 frequently and knew her well. She said prior to the end of September 2022 Resident #48 was able to ambulate independently and she was mostly independent with all of her tasks. She said some time in mid-September 2022 the resident's mental status changed, she had several falls, became increasingly confused, was not able to follow instructions and often mentioned that she needed to go to the hospital, but nurses would not help her. She said the resident was yelling, screaming, spitting her food and not being able to swallow, which was not a baseline behavior for this resident. She said within a few weeks the resident went from being independent to requiring full assistance with meals and transfers. The ST stated that on multiple occasions she brought her concerns about the resident to the unit manager (UM) #2 and LPN #4 who was a primary nurse in the unit where the resident resided. She said LPN #4 would say that Resident #48 was faking her condition and it was part of her daily behavior. The same response was received from UM #2.
The ST stated nursing staff who worked with the resident daily, disregarded the concerns that were brought to them, including the resident's request to be sent to the hospital. The ST stated she reached out to her supervisor, the director of nursing (DON) and the resident's PCP #1 on multiple occasions with the above concerns as she believed the resident's care was neglected.
On 10/6/22 when she approached the resident in her room for therapy, the resident was lethargic, half way out of her bed, and stating that she needed to go to the hospital. She said she communicated to LPN #4 the resident's condition and her request. LPN #4's response was that she had no physician orders for hospitalization and was not aware that this resident needed to be hospitalized . NP #2 was contacted and the resident was sent to the hospital where she was diagnosed with a UTI, dehydration and lithium toxicity.
After the resident came back from the hospital she did not return to her prior level of functioning. Her mental status fluctuated from being fully alert and oriented to being lethargic, not able to feed herself or go to the bathroom.
The ST stated she approached the management team on several occasions mentioning that something was not right with the resident including the resident's relationship with her primary nurse, LPN #4. She said the response she received was that there were no other available rooms in the building and the resident could not be transferred to another unit.
On 11/1/22 when the ST approached the resident in the hallway, the resident was sitting in her wheelchair with orange liquid all over her shirt. The resident did not respond to her name, she did not follow the directions, she did not recognize her therapist. The nurse and CNA on duty stated that the resident stopped eating and drinking since Saturday (10/29/22) and staff were trying to give her thickened orange juice with little success. They were suggesting a hospice evaluation.
The ST stated she was not aware that the resident stopped eating and drinking three days ago and was concerned that nursing staff had not communicated that to her or the resident's PCP.
The same evening the resident was sent to the emergency room, where she was diagnosed with encephalopathy, acute renal failure, acute dehydration, low blood pressure and lithium toxicity.
After the resident was treated and returned to the nursing facility, she was transferred to another unit. Her mental status improved, she was alert and oriented to her surroundings. She regained her previous level of functioning, she was able to eat independently and take herself to the bathroom without assistance.
LPN #4 was interviewed on 12/1/22 at 10:55 a.m. She said she knew the resident very well and worked with her when she was residing in this unit. She said Resident #48 was usually alert and oriented, some days she ambulated with a walker and some days used the wheelchair.
She said on 10/6/22 the ST communicated to her that the resident asked to be hospitalized and she was not feeling well. The LPN stated she checked the resident's vital signs and they were normal. She said the resident did have difficulty talking earlier in the day and she already placed a call to NP #2 about that. She said Resident #48 was manipulative and most of the time was her usual self. She said the resident yelled at her sometimes, spit out her food and refused to take her medications.
She said she did work on 11/1/22, but she did not recall the details of the resident's hospitalization. She said she was communicating with NP #2 and PCP #1 on several occasions, and that was a normal daily process. She believed that she communicated the drop in the resident's blood pressure to either NP #2 or PCP #1, but she could not locate the notes to confirm that.
CNA #8 was interviewed on 12/1/22 at 11:20 a.m. She said she used to work with the resident when she was residing on the unit. She said before Resident #48 got sick she was able to ambulate with a walker independently, she ate by herself and was able to take herself to the bathroom. She said the resident did not have any behaviors, and was able to maintain a conversation.
Later the resident declined; she became incontinent, requiring maximum assistance with all ADLs, including feeding.
The DON was interviewed on 12/1/22 at 1:34 p.m. She provided a folder that included the resident's medical record, and a timeline of Resident #48's hospitalization and interviews with LPN #4 and CNA #8.
She said the folder was put together for the purpose of establishing the timeline of events. It was completed today and it was not an investigation. She said interviews with CNA #8 and LPN #4 were conducted a while ago and documented on her computer. Today, the interviews were printed and signed by staff.
Regarding Resident #48, she said at the end of September 2022 the resident was sent to the hospital due to pain with urination. The resident came back on antibiotics, and she did not regain her previous level of functioning. She said staff and management were communicating with her providers daily regarding her treatment. PCP #1 was aware of her mental status changes; she wanted her to complete the antibiotics.
She said it was difficult to differentiate between the actual problem and the resident's behaviors. She said the resident would have a day when she was great and another day she would act as if she could not move. She said, No one was overly concerned about her condition. She said later the resident would have the behaviors that she would lay down and would not walk. Her behavior was wishy-washy depending who was in the room.
The last weekend of October 2022 the resident was not herself, she would not eat or drink.
The lab work was ordered by PCP #1 on 10/31/22 and was drawn on the morning of 11/1/22. The DON said, That night, about 6:00 p.m., I got an email from the ST about the concerns that she observed with the resident. She said she contacted a nurse manager who was on duty that evening. The nurse manager reported to her that the resident was not herself. She said the verbal order for hospitalization was obtained from NP #2 and the resident was sent to the hospital. She said a few minutes later that day they received lab results back that indicated the resident had critically high levels of lithium.
The DON said she had a three way telephone call with the ST and her supervisor, the director of rehabilitation (DOR), where they discussed the concerns that ST brought in her email. She said the ST stated that facility staff were not taking the resident's condition seriously. The ST named specific staff members that she was concerned about. The DON said she interviewed the staff named in the email and their story was different. The DON said she did not talk to any other staff members (except the ones that were named in the email), she did not interview other residents or conduct any formal investigation regarding the concerns that the ST brought to her attention.
She said she reviewed the resident's record and believed everything was documented appropriately and as needed, and she had not identified any concerns with the resident's care.
She said the resident's intake records were showing that the resident was eating and drinking well and she had no reason to believe that it was not documented accurately.
She said the DOR (who was no longer working in the facility) did voice concerns about the resident's care to her earlier (prior to the phone call on 11/1/22). She said she communicated all concerns directly to PCP #1, and she did not conduct her own investigation regarding nursing care.
The psychiatrist (PSY) was interviewed on 12/1/22 at 2:34 p.m. He said he was following the resident for the last eight years. He said the resident had organized thinking, and at baseline was a pleasant and intelligent person. He said the resident was able to make her own decisions about medical care. The resident also had frequent mood episodes that were related to her diagnosis of bipolar disorder. Such episodes were usually presented as clinical depression, low moods, low motivation, excessive sleep or high anxiety. The manic episodes were manifested as a lack of sleep, pressured speech and inappropriate money spending. He said the resident could be irritable but not aggressive. He said he did observe her yelling and crying and it was typically related to the mood episode.
He said during one of her sessions the resident shared what she was unhappy about the nurse who was working with her (LPN #4), and she would get back at the nurse by not taking the medications.
He said it was only shared on one occasion. He said he did not report it to anyone in the facility as he thought it was not clinically significant. He said he believed that the resident did refuse medication on one occasion but he was not aware of any others.
Regarding lithium toxicity, he said the resident was on the lithium medication for a long time and there was no reason to suspect that the dose was high. He believed the disbalance of the lithium levels was triggered by a blood pressure medication that the resident was started on in August 2022. He said dehydration could contribute to lithium toxicity but was not a primary factor in this case. He said the primary culprit was a blood pressure medication (Lisinopril) due to drug to drug interaction.
Unit manager (UM) #1 was interviewed on 12/1/22 at 2:54 p.m. He said he was working in the evening of 10/6/22 when Resident #48 was hospitalized . He said he only knew the resident for the last three weeks. On the evening of 10/6/22 he received a text message from the DON who asked him to take a look at the resident
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0578
(Tag F0578)
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 ensure two (#99 and #11) of five out of 44 sample residents had th...
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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 two (#99 and #11) of five out of 44 sample residents had the right to formulate an advanced directive.
Specifically, the facility failed to ensure Resident #99 and Resident #11's advanced directives matched the physician's orders.
Findings include:
I. Facility policy and procedure
The Advanced directives policy and procedure, reviewed [DATE], was provided by the nursing
home administrator (NHA) on [DATE] at 4:44 p.m. It documented, in pertinent part,
The Community shall ask residents whether they have executed any advance directives. This includes health care powers of attorney, living wills, or other documents which describe the amount, level or type of health care each Resident would want to receive when he/she can no longer communicate those decisions directly to a doctor or other health care professional. It also includes documents to which a Resident names another person who has the legal authority to make healthcare decisions for him/her. If the Resident has executed any advance directive documents, or if he/she executes any such documents while living in the Community, a copy will be requested and placed in the Resident's record. The advance directive and CPR (cardiopulmonary resuscitation) decisions will be reviewed at least annually, but also when a change of condition occurs or when requested by the Resident. This is required so that the Community can assist the Resident in ensuring that his/her health care choices are properly communicated to health care professionals.
II. Resident #99
A. Resident status
Resident #99, age [AGE], was admitted on [DATE] and was readmitted on [DATE]. According to the [DATE] computerized physician orders (CPO), the resident's diagnoses included unspecified dementia with behavioral disturbances, Wernicke's encephalopathy (degenerative brain disorder), and blindness in the left eye.
According to the [DATE] minimum data set (MDS) assessment, the resident was unable to complete the brief interview for mental status(BIMS); however, it showed that he had short-term and long-term memory impairment with severe impairment in making decisions regarding tasks of daily life. He required extensive assistance of one person with bed mobility, transfers, dressing, toileting and walking and set up for personal hygiene and bathing.
B. Record review
The medical order for scope of treatment (MOST) form dated [DATE] showed that Resident #99 did not want to receive CPR and did not want resuscitation attempted.
According to [DATE] computerized physician orders (CPO), the resident was coded as full code, and CPR.
III. Resident #11
A. Resident status
Resident #11, age [AGE], was admitted on [DATE]. According to the [DATE] computerized physician orders (CPO), the resident's diagnoses included unspecified dementia with behavioral disturbances, traumatic brain injury, anxiety and depressive episodes.
According to the [DATE] minimum data set (MDS) assessment the resident had severe impairment with a brief interview for a mental status score (BIMS) of seven out of 15. He required one-person assistance with set up only with bed mobility, transfers, dressing, toileting, personal hygiene and bathing.
B. Record review
The MOST form dated [DATE] showed that Resident #11 did not want to receive CPR and did not want resuscitation attempted.
According to [DATE] computerized physician orders (CPO), the resident was coded as full code, and CPR.
IV. Staff interviews
Licensed practical nurse (LPN) #5 was interviewed on [DATE] at 2:32 p.m. He confirmed that Resident #99's and #11's MOST forms documented DNR and the CPO orders said full code and CPR. He said in the event of cardiac arrest, the nurses reviewed the resident's electronic medical record in order to determine the resident's resuscitation order or the MOST form if they did not have the computer open at the time.
The regional clinical resource (RCR) was interviewed in the presence of the NHA on [DATE] at 3:00 p.m. The RCR confirmed that Resident #99's and Resident #11's CPO orders did not match the MOST form. The RCR said that the MOST form should match the electronic medical record. The RCR said staff would complete a building audit of the MOST forms for all residents to make sure they have accurate information.
-After being brought to the facility's attention, Resident #99 and Resident #11's orders remained the same on [DATE].
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
Grievances
(Tag F0585)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interviews and record review, the facility failed to ensure one (#89) out of five residents reviewed for grievances out...
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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 one (#89) out of five residents reviewed for grievances out of 44 sample residents were provided prompt efforts by the facility to resolve grievances.
Specifically, the facility failed to provide a resolution to Resident #89's grievances, for which was communicated to staff on multiple occasions.
Findings include:
I. Facility policy and procedure
The Grievance policy, revised 10/10/19, was provided by the regional clinical resource (RCR) on 12/1/22 at 3:14 p.m. It revealed, in pertinent part, Purpose: to provide residents and responsible party with information on the facility grievance procedure. To ensure that residents are afforded their right to file a grievance without discrimination or reprisal and that such grievance shall be responded promptly and in written form.
The Grievance and Complaint Investigation Report must be filed with the administrator within five (5) working days of the receipt of the grievance or complaint form.
II. Resident #89 status
Resident #89, under the age of 65, was admitted on [DATE]. According to the December 2022 computerized physician orders (CPO), the diagnoses included injury at C5 level of cervical spinal cord (spinal cord injury), quadriplegia (paralysis of all four limbs) and needs for assistance with personal care.
The 10/18/22 minimum data set (MDS) assessment revealed the resident was cognitively intact with a brief interview for mental status (BIMS) with a score of 15 out of 15. He required extensive assistance of two people for bed mobility and extensive assistance of one person for eating. He required total dependence of two people for transfers, dressing and toileting. He required total dependence of one person for personal hygiene.
III. Resident interview
Resident #89 was interviewed on 11/28/22 at 11:19 p.m. He said he preferred to have showers. He said the occupational therapist who no longer worked at the facility ordered him a shower chair that did not work for him. He said the shower chair was ordered when he was admitted to the facility five months ago. He said the shower chair was too big. He said the facility had not addressed his concern regarding receiving showers over bed baths.
Resident #89 said he had a catheter for many years. He said the facility ordered locks that attached the catheter bag to his leg. He said he did not like the locks that were ordered, because they often broke which caused yanking on the catheter tubing. Resident #89 said he had notified the nursing staff on multiple occasions that he would prefer to have a different catheter lock. He said he had not received a resolution to his concern.
Resident #89 said his urologist had ordered him to take a cranberry pill as he was contracting urinary tract infections frequently (UTIs). He said the urologist wanted him to take a name brand cranberry pill. Resident #89 said he had notified the nursing staff that the urologist ordered him to take the name brand cranberry pill. He said the facility had not addressed his concern and had not been providing him the name brand cranberry capsule.
IV. Record review
A request was made for the documentation of Resident #89's grievances regarding his showers, catheter locks and the cranberry pills on 12/1/22. The RCR said the facility did not have documentation regarding Resident #89's grievances.
The 7/20/22 occupational therapy progress note documented the resident was in need of a shower chair that provided adequate trunk support for bathing. The note documented the occupational therapist determined a tilt in space (reclining) shower chair was needed for the resident. The progress note documented the nursing home administrator (NHA) approved for the shower chair to be purchased.
The 7/29/22 occupational therapy progress note documented occupational therapy discharged the resident from the caseload and the shower chair was on order.
A request was made for the documentation for the education provided to Resident #89 that therapy had recommended the specialized shower chair for his safety on 11/30/22. The RCR said the facility did not have documentation regarding the education.
V. Staff interviews
Licensed practical nurse (LPN) #2 was interviewed on 11/30/22 at 10:35 a.m. He said Resident #89 preferred to take showers. He said Resident #89 did not like the shower chair that was ordered by the therapy department.
LPN #2 said Resident #89 had mentioned he did not like the catheter locks the facility was providing or the generic cranberry capsule. LPN #2 said he attempted to resolve the residents' concerns on his own.
LPN #2 said he had not filled out a grievance form regarding Resident #89's concerns. He said filling out a grievance form would have been beneficial to show how the facility had attempted to resolve the resident's concerns.
The restorative aide (RA), physical therapist (PT) and the occupational therapist (OT) were interviewed on 11/30/22 at 3:19 p.m.
The OT said she had just started working at the facility recently and was not involved in the residents shower chair determination. She said she had not provided the resident education on trunk safety when using the specialized shower chair.
The PT said she had also recently started working at the facility. She said she was not aware of the therapy department trialing the shower chair with Resident #89.
The RA said when the shower chair arrived at the facility the resident refused to use it. He said Resident #89 did not like the shower chair because it was pink. The RA said Resident #89 was embarrassed to use the shower chair because it was too big and fancy.
The unit manager (UM) was interviewed on 12/1/22 at 10:19 a.m. He said Resident #89 wanted a specific shower chair that the facility did not have. He said the facility had ordered a shower chair for Resident #89 when he first admitted to the facility. He said Resident #89 did not like the shower chair that was ordered for him, because it was pink.
The UM said he was not aware Resident #89 did not like the catheter locks that the facility was providing. He said he would provide a list of other locks that could be ordered to the resident.
The UM said he was not aware Resident #89 had requested to have the name brand cranberry capsules. He said the facility carried a generic cranberry capsule. He said he would notify the resident he was able to purchase his own cranberry capsules and keep them in the medication cart with his name on them.
The UM said residents or staff members could fill out grievance forms.
The social services assistant (SSA) #1 was interviewed on 11/30/22 at 3:03 p.m. She said when Resident #89 admitted to the facility, the director of rehabilitation who no longer worked at the facility, ordered the resident a shower chair.
The SSA said when the shower chair arrived to the facility Resident #89 refused to use the shower chair, because he said it was too big. The SSA said a grievance had not been filled out regarding Resident #89's concern with the shower chair.
The SSA said anyone could fill out a grievance form. She said if a resident needed help filling out the form a staff member could assist them. She said the grievance form was then given to her.
The SSA said she then gave the grievance form to the director of the department the grievance involved. She said the department director was then responsible for following up with the resident and resolving the resident's concern. She said the resident then signed off on the grievance form to acknowledge their agreement with the resolution.
The SSA said the grievance form was then given to the NHA for approval. She said she was responsible for logging the grievance in a binder when they were completed.
The director of rehabilitation (DOR) and the RCR were interviewed on 12/1/22 at 11:28 a.m. The DOR said she had recently started working at the facility and was not involved in ordering the shower chair for Resident #89. She said occupational therapy had recently started working with Resident #89 again in the last week. The DOR said the OT was working with the resident on becoming independent with eating.
The DOR said Resident #89 wanted a basic shower chair, but she did not feel Resident #89 would be safe in one with his trunk control.
The RCR said the facility had not filled out a grievance form to help address the resident's concerns regarding the shower chair. He said he would fill one out and speak to the resident to address his concerns.
Certified nurse aide (CNA) #4 was interviewed on 12/1/22 at 1:26 p.m. She said if a resident voiced a concern she did not fill out a grievance form. She said she notified the licensed nurses of any concerns voiced by the residents.
The director of nursing (DON), NHA and RCR were interviewed on 12/1/22 at 2:46 p.m.
The DON said residents were able to fill out grievance forms for any concerns they had. She said staff could help residents fill out the forms if they needed.
The DON said the grievance form was then distributed to the correct department director for follow-up. She said the department director was responsible for resolving the grievance with the resident and obtaining a signature of approval from the resident.
The NHA said he signed off on the grievance to ensure the correct steps were taken.
The DON said the social services department logged the grievance forms in a binder.
The DON said she was not aware Resident #89 had concerns regarding the cranberry capsules and his catheter lock. She said she would fill out a grievance form and address the resident's concern immediately.
The DON said grievance forms should have been filled out for Resident #89's concerns.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0661
(Tag F0661)
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 have a completed discharge summary that included a recapitulation ...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and interviews, the facility failed to have a completed discharge summary that included a recapitulation of the stay for one (#144) of three residents reviewed for discharge out of 44 sample residents.
Specifically, the facility failed to ensure the facility accepting Resident #144 for admission received a discharge summary to include all required components; including:
-An accurate and current description of the clinical status of the resident and sufficiently detailed, individualized care instructions, to ensure that care was coordinated and the resident transitioned safely from one setting to another;
-Detailed and accurate information to reduce or eliminate confusion among the various facilities, agencies, practitioners, and caregivers involved with the resident's care; and,
-Recapitulation of the resident's stay describes the resident's course of treatment while residing in the facility. The recapitulation (summary) includes, but is not limited to, diagnoses, course of illness, treatment, and/or therapy, and pertinent lab, radiology, and consultation results, including any pending lab results. An accurate final summary of the resident's status which includes the items from the resident's most recent comprehensive assessment identified and additional summary of the resident's status regarding: customary routine; cognitive patterns; communication; vision; mood and Behavior patterns; psychosocial well-being; physical functioning and structural problems; continence; disease diagnoses and health conditions; dental and nutritional status, skin condition; activity pursuit; medications; documentation of participation in assessment; other pertinent information and additional assessments.
I. Facility policy
The Discharge Summary and Plan policy and procedure, revised December 2016, provided by the regional clinical director (RCD) 12/1/22 at 3:21 p.m. It read in pertinent part, When the facility anticipates a resident ' s discharge to a private resident, another nursing care facility, a discharge summary and a post-discharge plan will be developed which will assist the resident to adjust to his or her new living environment. The discharge summary will include a recapitulation of the resident ' s stay at this facility and a final summary of the resident information and as permitted by the resident. Every resident will be evaluated for his or her discharge needs and will have an individualized post-discharge plan. The post-discharge plan will be developed by the care planning interdisciplinary team with the assistance of the resident and his or her family. A copy of the following will be provided to the resident and receiving facility and a copy will be filed in the resident ' s medical record: an evaluation of the resident ' s discharge needs; the post-discharge plan; and the discharge summary.
II. Resident #144
A. Resident status
Resident #144, age [AGE], was admitted on [DATE] and discharged on 10/5/22. According to the October 2022 computerized physician orders (CPO), diagnoses included alcohol use, diabetes mellitus with diabetic neuropathy (nerve damage), and anemia (lacking healthy red blood cells to carry adequate oxygen to body ' s tissues).
The 10/5/22 discharge (return not anticipated) minimum data set (MDS) assessment revealed the brief interview for mental status was not conducted and the staff assessment for mental status revealed the resident had memory problems, made decisions regarding tasks of daily life with modified independence. Inattention and disorganized thinking, and altered level of consciousness were not present. There was no acute onset of mental status change. Physical behavioral symptoms directed toward others were present one to three days. No rejection of care or wandering exhibited. He was independent with all activities of daily living.
B. Record review
Review of all the progress notes revealed no basis for the transfer, or the specific resident needs that could not be met, the facility attempted to meet the resident needs, and the services available at the receiving facility to meet the needs.
The 10/5/22 administration note read, Resident was transferred to another facility.
The 10/5/22 nursing note read the resident was transferred to another facility that morning at 10:30 a.m., willing using a wheelchair to walk. He was taken by driver with facility van. Resident took all his belongings with him and his medication was packed with all his paperwork. At 11:43 a.m. the nurse called the other facility to give a report on the resident.
-There was no documentation by the resident ' s physician regarding the necessity of the transfer or discharge, and no discharge orders.
-Review of the resident ' s electronic medical record including the assessment/evaluation section, social services notes, and miscellaneous section revealed there was no documentation of the information provided to the receiving provider such as contact information of the practitioner responsible for the care of the resident; resident representative information including contact information; advanced directives information; all special instructions or precautions for ongoing care as appropriate; comprehensive care plan goals; and all other necessary information, including a copy of the resident ' s discharge summary and any other documentation to ensure a safe and effective transition of care.
-The care plan revealed there was no resident centered discharge or long term care plan to describe the resident's goals at the facility.
III. Interviews
The director of nursing (DON) was interviewed on 12/1/22 at 12:16 p.m. She said Resident #144 had been there for long term care. The DON viewed Resident #144 ' s care plan but said she was unable to locate any goals related to the residents goals at the facility or discharge plans. The DON looked in the resident ' s EMR and said she was unable to locate a discharge summary, there were no physician discharge orders, there were no social services notes concerning Resident #144 ' s discharge. The DON acknowledged the discharge paperwork was not in the resident ' s EMR. The DON said the discharge procedure was to get physician orders, and complete a discharge evaluation, with an interdisciplinary team (IDT) evaluation. The DON said the evaluation should have all the information about the resident so the receiving facility would have the necessary information regarding the new resident. The DON said the nurse should put in a note and the facility should have evidence of the information packet that was sent to the new facility, but the facility did not.
-At 2:42 p.m. the DON said she checked further and was unable to locate any further discharge information regarding Resident #144. The DON said the RCR had called the facility that Resident #144 had been discharged and they were unable to locate the discharge paperwork either.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0679
(Tag F0679)
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 ensure activities designed to support residents phys...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, record review and interviews, the facility failed to ensure activities designed to support residents physical, mental, and psychosocial well-being were provided for one (#89) out of six reviewed for activities of 44 sample residents.
Specifically, the facility failed to ensure activities that met Resident #89's interests were offered.
Findings include:
I. Facility policy and procedure
The Activity Schedule policy, revised 11/7/22, was provided by the regional clinical resource (RCR) on 12/1/22 at 3:14 p.m. It revealed, in pertinent part, (Facility name) understands the value and importance of structured and unstructured activities within the community. The importance of activities touches not only the participants' lives, but the lives of the family members, care partners and organization as a whole. Activities provides meaning, purpose and independence, all of which are necessary to maintain a positive quality of life. (Facility name) understands that all activities can be therapeutic, regardless of what population is being served.
The community will provide daily activities that not only meet the requirements of state and federal guidelines, but also the interests, preferences, hobbies and the culture of the participants and community. Daily activities include community sponsored group and individualized activities, in addition to assistance with independent daily activities.
Activities will create opportunities for each participant to have a meaningful life by supporting their domains of wellness.
Activities will be designed to meet the participants' best ability to function, incorporating their strengths and abilities.
II. Resident #89 status
Resident #89, under the age of 65, was admitted on [DATE]. According to the December 2022 computerized physician orders (CPO), the diagnoses included injury at C5 level of cervical spinal cord (spinal cord injury), quadriplegia (paralysis of all four limbs) and needs for assistance with personal care.
The 10/18/22 minimum data set (MDS) assessment revealed the resident was cognitively intact with a brief interview for mental status (BIMS) with a score of 15 out of 15. He required extensive assistance of two people for bed mobility and extensive assistance of one person for eating. He required total dependence of two people for transfers, dressing and toileting. He required total dependence of one person for personal hygiene.
The 7/13/22 MDS assessment documented it was very important to the resident to choose what clothes he wore, to take care of his personal belongings, to choose the type of shower he received, to have snacks available during meal times, to choose his bedtime and to use his phone in private.
III. Resident interview
Resident #89 was interviewed on 11/28/22 at 11:07 a.m. He said he did not enjoy going to group activities. He said he was often in his room bored. He said he wanted to be on a one-on-one program, as he wanted help making beaded jewelry. He said he was tired of watching movies and playing on his phone all day.
IV. Observations
During a continuous observation on 11/29/22 beginning at 11:01 a.m. and ended at 2:00 p.m. Resident #89 was in his room. Resident #89 was not offered one-on-one activities during this time.
V. Record review
The activities care plan initiated on 7/13/22 documented Resident #89 used to enjoy biking, kayaking and other outdoor activities. Resident #89 enjoyed spending time with his dog. Resident #89 also enjoyed listening to metal music and was interested in making beaded necklaces. The interventions included: offering Resident #89 the activities calendar monthly and providing Resident #89 with supplies to complete activities of his interest.
The 7/13/22 activities initial review assessment documented the resident enjoyed listening to music and was interested in beaded necklaces. The assessment documented the resident wished to participate in group activities and wanted to go on outings. It also documented the resident did not want one-on-one attention from staff.
A review of Resident #89s activity log in his medical record on 12/1/22 at 2:15 p.m., revealed the resident had refused one-on-one activities from 11/15/22 through 12/1/22. (see staff interviews below).
A request was made for the documentation of when Resident #89 participated in activities or received one-on-one activities. The facility did not have any documentation to show the residents participation or refusals of activities. Activities assistant (AA) #1 said they did not have documentation, since Resident #89 did not participate in group activities and he was not on a one-on-one activities program.
VI. Staff interviews
AA #1 was interviewed on 11/30/22 at 3:44 p.m. She said Resident #89 did not enjoy coming to group activities. She said he preferred one-on-one activities in his room. She said he enjoyed making beaded necklaces.
AA #1 said there was not enough staff in the activities department to provide one-on-one activities for Resident #89. She said Resident #89 needed to be placed on the therapeutic one-on-one program to provide entertainment and stimulation to the resident.
AA #1 said Resident #89 would be the perfect candidate to be on the one-on-one program. She said there was only one other activities assistant and she had not been trained on the therapeutic one-on-one program yet. AA #1 said she would try to get Resident #89 on the one-on-one program by January 2023.
AA #1 said Resident #89 did not like to come out of his room because the hallways were too cold for his preference. Cross references: F584 failure to maintain comfortable temperatures for the residents.
Certified nurse aide (CNA) #3 was interviewed on 12/1/22 at 2:00 p.m. She said Resident #89 stayed in his room all day. She said Resident #89 often watched movies or played on his phone throughout the day. She said she had never observed the activities department visiting with the resident.
AA #1, AA #2 and driver #1 were interviewed on 12/1/22 at 2:00 p.m.
AA #2 said she documented under the one-on-one activities point of care task in the resident's medical record as refused when he did not accept the daily chronicle. She said Resident #89 refused the daily chronicle almost every day.
AA #2 said she had not been trained on the one-on-one program, so she had not conducted any one-on-one activities with Resident #89. AA #2 said Resident #89 did not like group activities and wanted help making beaded necklaces as an activity.
Driver #1 said he documented in Resident #89's medical record under one-on-one activities program when he took the resident to appointments. He said he did not visit the resident in his room.
The nursing home administrator (NHA), director of nursing (DON) and regional clinical resource (RCR) were interviewed on 12/1/22 at 2:46 p.m.
The DON said Resident #89 preferred to stay in his room during the day.
CONCERN
(E)
📢 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
Safe Environment
(Tag F0584)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, record review and interviews, the facility failed to maintain a comfortable environment for residents on ...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, record review and interviews, the facility failed to maintain a comfortable environment for residents on three of five units.
Specifically, the facility failed to ensure comfortable room temperature levels for Unit #1, Unit #2 and Unit #4.
Findings include:
I. Facility policy and procedure
The Homelike Environment policy, revised February 2021, was provided by the regional clinical resource (RCR) on 12/1/22 at 3:14 p.m. It revealed, in pertinent part, The facility and management maximizes, to the extent possible, the characteristics of the facility that reflect a personalized, homelike setting. These characteristics include: comfortable and safe temperatures 71°F (farenheit)-81°F.
II. Resident interview
Resident #89 who was identified as interviewable by facility assessment was interviewed on 11/28/22 at 11:14 a.m. He said he was often very cold in his room. He said he had notified the maintenance department, but the issue had not been resolved. Resident #89 said he did not like to leave his room because the hallways were very cold. During the interview, Resident #89 was covered in two blankets.
III. Observations
During a continuous observation on 11/29/22 beginning at 11:01 a.m. and ended at 12:29 p.m. the following was observed:
-At 11:36 a.m. the resident in room [ROOM NUMBER] said to an unidentified staff member that she was uncomfortable, because her room was cold.
On 11/30/22 at 9:37 a.m. a tour of the building was completed with the maintenance associate (MA). The following was observed throughout the facility.
A. The first unit
-The hallway near room [ROOM NUMBER] registered at 61.9°F.
-Inside room [ROOM NUMBER] registered at 70.2°F.
-Above the double doors that lead to the outside smoking area was a two inch gap.
B. The second unit
-The hallway near room [ROOM NUMBER] registered at 57°F.
-Inside room [ROOM NUMBER] registered at 64.2°F.
-Inside room [ROOM NUMBER] registered at 70.7°F.
C. The fourth unit
-The hallway near room [ROOM NUMBER] registered at 70.7°F.
-Inside room [ROOM NUMBER] registered at 63°F.
IV. Staff interviews
The MA was interviewed on 11/29/22 at 11:01 a.m. during the tour of the facility. He said the gap over the doors on the first unit likely led to the cool temperatures on the unit. He said he was going to fill the gap to help regulate the temperature of the unit.
The MA said he noticed staff on the second floor unit often left the door to the outside smoking area open, which likely caused the unit to be cold. He said the staff needed to be educated on keeping the doors closed when the temperature outside was low to help regulate the temperature of the building.
The MA said the building should be between 75°F and 80°F.
The MA was interviewed again on 11/30/22 at 4:31 p.m. he said he was aware the temperatures of the building were sometimes low. He said he had not checked the temperature of the building prior to the tour of the facility on 11/29/22.
The MA said he was aware a couple of residents had voiced concerns regarding the temperature of the building. The MA said he had suggested to move Resident #89 to a different room that might have been warmer than the room he was in.
The MA said he had contacted an outside company to check the heating system in the last few weeks, but they did not show up to the appointment.
The RCR, director of nursing (DON) and the nursing home administrator (NHA) were interviewed on 12/1/22 at 2:53 p.m.
The NHA said the temperature of the building should be comfortable for the residents.
THe DON said the interdisciplinary team had discussed moving Resident #89 to a different room that may be warmer, but it had not been completed yet.
CONCERN
(E)
📢 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
ADL Care
(Tag F0677)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interviews, observations and record review, the facility failed to ensure three (#99, #11 and #77) of seven residents r...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interviews, observations and record review, the facility failed to ensure three (#99, #11 and #77) of seven residents reviewed for activities of daily living of 44 sample residents were provided the necessary care and services to maintain or improve their level of functioning.
Specifically, the facility failed to:
-Ensure that Resident #99 and Resident #11 received regular showers; and,
-Ensure that Resident #99 and Resident #77 received nail care.
Findings include:
I. Facility policy and procedure
The Activity of Daily Living policy and procedure, revised March 2018, was provided by the nursing home administrator (NHA) on 12/01/22 at 4:44 p.m. It documented, in pertinent part,
Residents will be provided with care, treatment and services as appropriate to maintain or improve their ability to carry out activities of daily living (ADLs). Residents who are unable to carry out activities of daily living independently will receive the services necessary to maintain good nutrition, grooming and personal and oral hygiene.
Appropriate care and services will be provided for residents who are unable to carry out ADLs independently, with the consent of the resident and in accordance with the plan of care, including appropriate support and assistance with: a. hygiene (bathing, dressing, grooming, and oral care); b. mobility (transfer and ambulation, including walking); c. elimination (toileting); d. dining (meals and snacks); and e. communication (speech, language, and any functional communication systems).
If residents with cognitive impairment or dementia resist care, staff will attempt to identify the underlying cause of the problem and not just assume the resident is refusing or declining care. Approaching the resident in a different way or at a different time, or having another staff member speak with the resident may be appropriate. Interventions to improve or minimize a resident's functional abilities will be in accordance with the resident's assessed needs, preferences, stated goals and recognized standards of practice. The resident's response to interventions will be monitored, evaluated and revised as appropriate.
II. Resident #99
A. Resident status
Resident #99, age [AGE], was admitted on [DATE] and readmitted on [DATE]. According to the November 2022 computerized physician orders (CPO), the diagnoses included unspecified dementia with behavioral disturbances, Wernicke's encephalopathy (degenerative brain disorder) and blindness in the left eye.
According to the 9/21/22 minimum data set (MDS) assessment, the resident was unable to complete the brief interview for mental status (BIMS); however it showed that he had short-term and long-term memory impairment with severe impairment in making decisions regarding tasks of daily life. He required extensive assistance of one person with bed mobility, transfers, dressing, toileting and walking and set up for personal hygiene and bathing. He did not reject care.
B. Observations
On 11/28/22 at 2:20 p.m. Resident #99 hair was tangled and appeared greasy. His fingernails were long and jagged and had brown matter under them.
On 11/29/22 at 1:09 p.m. the resident had the same appearance to his hair and nails.
On 11/30/22 at 9:00 a.m. the resident had the same appearance to his hair and nails.
On 12/1/22 at 11:03 a.m. CNA #3 confirmed that his hair was tangled and greasy and that his nails were long and had brown matter under his fingernails.
C. Record review
The activities of daily living (ADL) care plan, revised 10/12/22, documented the resident had a self-care deficit related to previous history of homelessness. It indicated that the resident may refuse showers if he needs encouragement and set up and limited assistance when he agrees to bathe. On bath day nails should be checked, cleaned and trimmed and as needed. Any changes should be reported to the nurse.
Shower documentation for the month of November 2022 showed one refusal and zero indications of a shower received. The resident requested to have two showers a week.
D. Staff interviews
CNA #3 was interviewed on 12/1/22 at 11:05 a.m. She said the nurses performed resident nail care. She said that Resident #99 gets showered in the evenings. She said that staff documents all refusals and showers given in the resident's electronic medical record.
Licensed practical nurse (LPN) #3 was interviewed on 12/1/22 at 10:45 a.m. She said the activities department did resident nails or the CNAs. She said Resident #99 needed coaching and cueing but he would participate in ADLs with staff persistence.
The director of nursing (DON) was interviewed on 12/1/22 at 2:47 p.m. She said CNAs should perform resident nail care including trimming and cleaning, unless the resident was diabetic.
She said showers should be performed twice a week unless the resident asked to shower more and it would be documented in the resident's record. She said Resident #99 was not diabetic and CNAs should perform nail care and set up showers and document refusals and showers in the resident's electronic medical record.
III. Resident #11
A. Resident status
Resident #11, age [AGE], was admitted on [DATE]. According to the November 2022 CPO, the diagnoses included unspecified dementia with behavioral disturbances, traumatic brain injury, anxiety and depressive episodes.
According to the 9/22/22 minimum data set (MDS) assessment revealed the resident had severe impairment with a brief interview for a mental status score of seven out of 15. He required one-person assistance with set up only with bed mobility, transfers, dressing, toileting, personal hygiene and bathing.
B. Observations
On 11/28/22 at 12:29 a.m. Resident #11 was unkempt, he had greasy hair, he had crumbs on his face and clothing had stains on them and had a distinct smell.
On 11/30/22 a.m. Resident #11 appeared the same and in the same clothes.
On 12/1/22 a.m. he was to be wearing the same clothes. His hair was greasy and his face had dark brown matter on it.
C. Record review
The activities of daily living (ADL) care plan, revised on 8/8/22, documented the resident had a self-care deficit related to dementia, brain damage, and seizure disorder. It indicated that the resident may refuse showers; he may need encouragement and set up and limited assistance when he agrees to bathe.
Shower documentation for the month of November 2022 showed a refusal on 11/19/22 and 11/26/22. The resident requested two showers a week.
-There was no other documentation showing when showers were performed or if resident was re-approached.
D. Staff interviews
CNA #3 was interviewed on 12/1/22 at 11:05 a.m. She said Resident #11 gets showered in the evenings. She said the staff documents all refusals and showers given in the resident's electronic medical record.
Licensed practical nurse (LPN) #3 was interviewed on 12/1/22 at 10:45 a.m. She said
that Resident #11 was easy to redirect and almost always participates in ADLs. She said CNAs were responsible for giving showers and documenting refusals and showers that were given in the resident's electronic medical record.
The director of nursing (DON) was interviewed on 12/1/22 at 2:47 p.m. She said showers should be performed twice a week unless the resident asked to shower more and was documented in the resident's electronic medical record. She said CNAs should follow the care plan when assisting with showers.
IV. Resident #77
A. Resident status
Resident #77, age [AGE], was admitted on [DATE]. According to the December 2022 computerized physician orders (CPO), the diagnoses included alcohol use with alcohol-induced persisting dementia, post-traumatic stress disorder, anxiety, cognitive communication deficit, depression and acquired absence of the right upper limb above the elbow (right arm amputation).
The 9/9/22 MDS assessment revealed the resident had severe cognitive impairment with a BIMS with a score of five out of 15. He was independent with all ADLs.
B. Observations and resident interview
On 11/28/22 at 2:58 p.m. Resident #77 was sitting on his bed in his room. His fingernails were a half inch extended past the tip of his finger. There was black debris built-up under his five fingernails on his left hand.
On 12/1/22 at 10:02 a.m. certified nurse aire (CNA) #8 confirmed Resident #77 had long fingernails that needed to be trimmed and cleaned. CNA #8 asked Resident #77 if he would like his fingernails trimmed and cleaned. Resident #77 responded yes. CNA #8 said she would notify the nurse to help Resident #77 clean and trim his fingernails.
C. Record review
The ADL care plan, initiated on 10/2/2020 and revised on 9/19/22, documented Resident #77 had the potential for self-care performance deficit related to alcohol induced dementia, post-traumatic stress disorder, anxiety, depression, macular degeneration to the right eye (vision impairment) and a right arm amputation. The interventions included, in pertinent part: resident #77 was able to complete his grooming and hygiene independently, but needed reminders and cueing.
A review of Resident #77's nail care log in his medical record on 11/30/22 at 4:00 p.m., revealed the resident had not received nail care in the last 30 days.
D. Staff interviews
CNA #8 was interviewed on 12/1/22 at 10:02 a.m. She said the nurses were responsible for cutting the resident's fingernails.
CNA #8 said when assisting residents with their showers she would help clean their fingernails.
Licensed practical nurse (LPN) #6 was interviewed on 12/1/22 at 10:08 a.m. She said the CNAs were responsible for cutting the resident's fingernails. She said Resident #77 should have received help trimming and cleaning his fingernails.
The director of nursing (DON), regional clinical resource (RCR) and nursing home administrator (NHA) were interviewed on 12/1/22 at 2:53 p.m. The DON said CNAs were responsible for trimming the resident's fingernails.
The DON said Resident #77 was unable to trim his fingernails independently as he was missing his right arm. The DON said his nails should be kept trimmed and cleaned.
CONCERN
(E)
📢 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 F0804
(Tag F0804)
Could have caused harm · This affected multiple residents
Based on interviews, observations and record review, the facility failed to consistently serve food that was palatable, attractive at the appropriate temperatures and meet the nutritional needs of the...
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Based on interviews, observations and record review, the facility failed to consistently serve food that was palatable, attractive at the appropriate temperatures and meet the nutritional needs of the residents.
Specifically, the facility failed to:
-Ensure the resident food was palatable in taste, texture and appearance; and,
-Ensure the resident food met the nutritional needs of the residents.
Findings include:
I. Resident food was palatable
A. Observations
A test tray for a pureed diet was evaluated immediately after the last resident had been served their room tray for lunch on 11/30/22 at 1:00 p.m.by four surveyors.
The test tray consisted of pureed green beans and a pureed hamburger.
-The green beans were salty and runny. It did not taste like green beans.
-The meat in the hamburger was gritty and bitter. It did not taste like beef.
-The bread was bitter. The bread was thick like a dough.
B. Record review
The second floor resident council meeting minutes from 7/19/22 documented a resident said the meatballs were bad, soggy and tasted poorly. The minutes documented a resident requested more chocolate desserts and coffee.
The third floor resident council meeting minutes from 7/19/22 documented the residents reported the meat was tasteless and tough. They also said the waffles were soggy, the grilled cheese was burnt. The residents said the food was not cooked enough and they wanted a food council meeting.
The fourth floor resident council meeting minutes from 7/19/22 documented the residents said the food was bad and the food was over salted.
The food council minutes from 8/9/22 documented the residents who attended said the scrambled eggs were too tough the past few days, the vegetables were overcooked and they were not always receiving the side salads when ordered.
The third floor resident council minutes from 8/16/22 documented the food had been too salty a few times.
The third floor resident council minutes from 9/20/22 documented the food was still too salty, the fish was not cooked enough and the pork was overcooked.
The third floor resident council minutes from 10/18/22 documented the residents said the french toast on the weekends looked soggy and the waffles were too hard.
C. Resident interview
Resident #89 was interviewed on 11/28/22 at 11:07 a.m., who was identified as interviable by the facility staff. He said he no longer consumed the food at the facility. He said the food was so salty he was unable to eat it. Resident #89 said his family provided food for him.
D. Staff interviews
The registered dietitian (RD) was interviewed on 11/30/22 at 3:34 p.m. She said she had not completed a test tray in a while. She said her and the food and nutrition director (FND) should complete test trays more frequently to taste the food served to residents.
The RD said they had recently started conducting a food council. She said they completed a meeting in August 2022 and the plan was to complete the meeting every three months.
The RD said Resident #89 did not like the facility food and his family provided all of his food.
The FND was interviewed on 12/1/22 at 10:38 a.m. She said there were a couple residents who complained about the saltiness of the food.
The FND said she had not tasted the pureed food recently. She said the pureed food should taste similar to the regular foods.
The FND said the pureed food should be the consistency of pudding.
The director of nursing (DON), regional clinical director (RCR) and the nursing home administrator (NHA) were interviewed on 12/1/22 at 2:53 p.m.
The DON said pureed foods should be similar to a pudding consistency. She said it was important to have the correct consistency for the safety of the residents.
II. Met the nutritional needs of the residents
A. Observations
During a continuous observation on 11/30/22 beginning at 11:00 a.m. and ended at 12:40 p.m. the following was observed:
-At 11:20 a.m. cook #2 prepared three puree plates. She placed a scoop of pureed bread in a bowl, placed a scoop of pureed meat on top and then layered it with another scoop of pureed bread. She placed a scoop of pureed vegetables in a bowl.
-At 11:40 a.m. cook #1 plated five plates of macaroni and cheese and green beans for residents who preferred to be vegetarian. He said the macaroni and cheese was the protein source for the residents. The FND said the macaroni and cheese did not contain enough protein.
-At 11:46 a.m. the FND called the RD. The RD said to give the vegetarian residents a half a cup of peas to provide additional protein.
-The FND got a box of frozen mixed peas and carrots and placed them in a metal pan and into the steamer.
-At 12:08 p.m. cook #1 used a metal mixing spoon and placed a spoonful of mixed peas and carrots on the plates.
-At 1:00 p.m. four surveyors sampled a pureed test tray meal. They did not receive mashed potatoes (see test tray above).
B. Record review
The menu extension for the 11/30/22 lunch meal was reviewed. It revealed, the vegetarian residents were to receive two veggie burgers, half a cup of french fries, half a cup of creamy southern coleslaw, a two by three square of applesauce swirl cake, eight fluid ounces of 2% milk and eight fluid ounces of a beverage of choice.
-The five vegetarian residents did not receive the menu items that were to be served per the vegetarian menu extension (see interviews below).
The pureed menu extension for the 11/30/22 lunch meal was reviewed. It revealed, the residents who were on a pureed diet should have received half a cup of mashed potatoes.
-The observations revealed the residents did not receive the mashed potatoes who were served out of the main kitchen for lunch on 11/30/22.
C. Staff interviews
The registered dietitian (RD) was interviewed on 11/30/22 at 3:34 p.m. She said five residents in the facility were vegetarian per their preference. She said the kitchen staff knew what the residents liked and often cooked to their preference.
The RD said she should ensure that the residents are meeting their nutritional needs with the meals that are being provided.
She said since the residents on the pureed diets did not receive mashed potatoes for lunch on 11/30/22 they were not provided with the adequate nutrition.
The FND was interviewed on 12/1/22 at 10:38 a.m. She said the menu extensions had a vegetarian extension. She said the kitchen usually had alternative protein items such as vegetarian burgers and tofu, but the kitchen was currently out. She said the vegetarian residents should have received a vegetarian burger for lunch on 11/30/22.
The FND said the residents who were on a pureed diet should have received mashed potatoes as the alternative to french fries. She said it was important for the cooks to follow the menus to ensure the residents were provided with adequate nutrition.
The director of nursing (DON), regional clinical director (RCR) and the nursing home administrator (NHA) were interviewed on 12/1/22 at 2:53 p.m.
The RCR said the staff in the kitchen should follow the menus and recipes. He said this ensured the residents were being provided with the correct amount of nutritional needs.
CONCERN
(E)
📢 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
Food Safety
(Tag F0812)
Could have caused harm · This affected multiple residents
Based on observations, interviews and record review the facility failed to store, prepare, distribute, and serve food in a sanitary manner in the main kitchen and five out of five satellite kitchens. ...
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Based on observations, interviews and record review the facility failed to store, prepare, distribute, and serve food in a sanitary manner in the main kitchen and five out of five satellite kitchens.
Specifically, the facility failed to:
-Ensure food was labeled and dated in the walk-in refrigerators in the main kitchen and dry storage;
-Ensure the main kitchen was clean and sanitary;
-Ensure five unit refrigerators were clean and sanitary;
-Ensure garbage was covered and disposed of in the main kitchen;
-Ensure food was properly cooled; and,
-Ensure holes were fixed timely in the main kitchen.
Findings include:
I. Food was labeled and dated in the main kitchen
A. Professional reference
The Colorado Department of Public Health and Environment (2019) The Colorado Retail Food Establishment Rules and Regulations, retrieved from: https://www.colorado.gov/pacific/sites/default/files/DEHS_RetailFd_6CCR10102_RFFC_EffJan2019.pdf.
It revealed, in pertinent part, A date marking system that meets the criteria stated in (1) and (2) of this section may include: Using a method approved by the Department for refrigerated, ready-to eat potentially hazardous food (time/temperature control for safety food) that is frequently rewrapped, such as lunch meat or a roast, or for which date marking is impractical, such as soft serve mix or milk in a dispensing machine; Marking the date or day of preparation, with a procedure to discard the food on or before the last date or day by which the food must be consumed on the premises, sold, or discarded as specified in (a) of this section; Marking the date or day the original container is opened in a food establishment, with a procedure to discard the food on or before the last date or day by which the food must be consumed on the premises, sold, or discarded as specified in (b) of this section; or Using calendar dates, days of the week, color-coded marks, or other effective marking methods, provided that the marking system is disclosed to the Department upon request. (Retrieved 12/8/22)
B. Facility policy and procedure
The Food Wholesomeness policy, dated 1/12/16, was provided by the regional clinical resource (RCR) on 12/1/22 at 1:52 p.m. It revealed, in pertinent part, Foods not in original containers are labeled and dated with opening and suggest to have a use by date.
C. Observations
On 11/28/22 at 8:22 a.m. the initial kitchen tour was conducted and the following was observed:
-In the main walk-in coolers, there was a container of prepared egg salad, a container of pureed vegetables dated 11/25/22, a container of pureed ham dated 11/25/22, and a container of gravy labeled 11/26/22, but no use by date.
-In the main walk-in coolers, an opened container of relish was labeled 10/3, an opened bag of blue cheese opened and labeled 11/17 and an opened container of mayonnaise was labeled 11/24.
-In the main walk-in coolers a container of sliced deli turkey and a bag of shredded cheese were opened and not labeled.
-In the reach-in refrigerator in the main kitchen, there were five green salads prepared and not labeled and a container of jelly labeled 10/31.
-In the reach-in freezer there was a tiramisu cake left open to air with no label and an opened bag of garlic bread not labeled or dated.
-A quinoa container opened and labeled 5/10, bag of captain crunch, fruit loops, corn flakes not labeled or dated.
-In the dry storage, a container of quinoa, a bag of fruit loops and a bag of corn flakes were not labeled or dated.
During a continuous observation on 11/30/22 beginning at 11:00 a.m. and ended at 12:40 p.m. the following was observed:
-In the main walk-in coolers a container of hard boiled eggs was opened and not labeled.
D. Staff interviews
The food and nutrition director (FND) and the registered dietitian (RD) were interviewed on 11/30/22 at 1:20 p.m.
The FND said foods should contain a label that had the preparation date.
The FND said the kitchen did not have a system in place that determined when food items expired. She said most
foods needed to be thrown away in three days, but some were seven days and some were several months.
The RD said the kitchen should have a system in place to ensure expired foods were discarded timely.
The FND said she would immediately educate the dining department staff regarding labeling and dating.
II. Main kitchen was clean and sanitary
A. Professional reference
The Colorado Department of Public Health and Environment (2019) The Colorado Retail Food Establishment Rules and Regulations, https://www.colorado.gov/pacific/sites/default/files/DEHS_RetailFd_6CCR10102_RFFC_EffJan2019.pdf.
It revealed, in pertinent part, Equipment food-contact surfaces and utensils shall be clean to sight and touch. The food-contact surfaces of cooking equipment and pans shall be kept free of encrusted grease deposits and other soil accumulations. Non food contact surfaces of equipment shall be kept free of an accumulation of dust, dirt, food residue, and other debris. Non food-contact surfaces of equipment shall be cleaned at a frequency necessary to preclude accumulation of soil residues. (Retrieved 12/8/22)
B. Facility policy and procedure
The Food Wholesomeness policy, dated 1/12/16, was provided by the regional clinical resource (RCR) on 12/1/22 at 1:52 p.m. It revealed, in pertinent part, Kitchen and serving areas are clean at all times.
C. Observations
On 11/28/22 at 8:22 a.m. the initial kitchen tour was conducted and the following was observed:
-Behind the two compartment preparation sink the floor had black build up that covered the tile. There was dust debris and food particles that were on the ground. Behind the sink wall and underneath the sink there were food splatters brown and orange on the wall.
-Behind the juice dispenser was a sign that explained how to make pureed foods which was covered in orange, green, and brown food splatters.
-Behind the three compartment sink the tiles were covered in a black film. The white pipe underneath the sink was coated in a black debris.
During a continuous observation on 11/30/22 beginning at 11:00 a.m. and ended at 12:40 p.m. the following was observed:
-Underneath the three compartment sink remained dirty with food debris. Behind the sink on the wall remained dirty with splatters of food. There was yellow debris underneath the sink next to the floor cleaner.
-The coffee cart had drips of dried coffee on the sides.
-Behind the preparation table, the wall was full of green food splatters. The food splatters were crusted and dried over. A sign was hung over the preparation table that was covered in crusted food debris.
-The side of the spice rack was covered in brown food splatters that were crusted and dried.
-The floor in front of the spice rack had salt spilt.
-To the left of the reach-in freezer was a wall that was covered in black food debris.
-The flat top griddle had dried scrambled eggs in the grease catcher.
-The knobs on the steam table were covered in a black residue.
-Behind the stove, flat top and oven there were multiple broken plates, disposable dishes, food debris and trash piled up.
-Underneath the two compartment sink the drain had pink, brown and black build-up. -Underneath the sink the tiles were turning black from build-up and there was a large amount of gray dust built-up. The tiles going up the wall beneath the sink had food dried food splatters.
-Around the perimeter of the kitchen walls the tiles had black build-up that was going up the walls.
D. Staff interviews
The FND and the RD were interviewed on 11/30/22 at 1:20 p.m.
The FND and the RD said they were aware the kitchen was not clean and sanitary, where food preparation occurred.
The RD said they had worked on a list to ensure the kitchen was cleaned in a timely manner, but it had not been implemented yet.
The director of nursing (DON), nursing home administrator (NHA) and the RCR were interviewed on 12/1/22 at 2:53 p.m
.
The DON, NHA and RCR said they had not recently been in the kitchen to observe the lack of cleanliness.
The RCR said the kitchen should be clean and sanitary.
III. Unit refrigerators were clean and sanitary
A. Professional reference
The Colorado Department of Public Health and Environment (2019) The Colorado Retail Food Establishment Rules and Regulations,
https://www.colorado.gov/pacific/sites/default/files/DEHS_RetailFd_6CCR10102_RFFC_EffJan2019.pdf. It read in pertinent part;
-Time/temperature control for safety of food prepared and held in a food establishment for more than 24 hours shall be clearly marked to indicate the date or day by which the food shall be consumed on the premises, sold, or discarded when held at a temperature of 41º (degrees) F (Farenheit) or less for a maximum of 7 days. The day of preparation shall be counted as Day 1. The day or date marked by the food establishment may not exceed a manufacturer's use-by date if the manufacturer determined the use-by date based on food safety.
-In a mechanically refrigerated storage unit, the sensor of a temperature measuring device shall be located to measure the air temperature or a simulated product temperature in the warmest part of a mechanically refrigerated unit. (Retrieved 12/8/22)
B. Observations
On 11/30/22 at 10:32 a.m. the following was observed in the fourth floor unit nourishment room refrigerator:
-A tupperware of food, a blender bottle with liquid in it and an opened container of half and half was unlabeled.
-Two grocery bags full of food were labeled 10/28.
-A grocery bag full of take-out food and a take-out salad was not labeled.
-Two staff lunch boxes were not labeled
-The freezer had brown frozen liquid on the bottom shelf.
-Four opened containers of ice cream, frozen quart container of berries and three opened boxes of popsicles were not labeled.
At 1:36 p.m. the following was observed in the third floor east unit nourishment room refrigerator:
-An opened jar of thousand island dressing, an opened jar of pepperoncinis, an opened container of nectar thick orange juice (see interview below), an opened container of nectar thick apple juice, an opened container of nectar thick cranberry juice, an opened container of honey thick cranberry juice, and a personal tupperware of food were unlabeled or dated in the refrigerator.
At 1:45 p.m. the following was observed in the third floor west unit nourishment room refrigerator:
-Six unlabeled peanut butter and jelly sandwiches were in the freezer.
-An opened loaf of bread, an opened tub of butter and a take-out pizza were unlabeled in the refrigerator.
At 1:50 p.m. the following was observed in the second floor east unit nourishment room refrigerator:
-One opened container of nectar thick cranberry juice was unlabeled in the refrigerator.
-One frozen smoothie was unlabeled in the freezer.
At 1:53 p.m. the following was observed in the first floor unit nourishment room refrigerator:
-A container of take-out Chinese food was labeled 11/25/22 in the refrigerator.
-The freezer had brown frozen liquid on the bottom shelf.
C. Staff interviews
The FND was interviewed on 11/30/22 at 2:01 p.m. She said the certified nurse aides (CNA) were responsible for ensuring the unit refrigerators were clean.
The FND said the CNAs were responsible for ensuring the food that was placed in the unit refrigerators was labeled properly.
The FND said thickened liquids should be discarded seven days after it was opened.
IV. Garbage was covered and disposed of in the main kitchen
A. Professional reference
The Colorado Department of Public Health and Environment (2019) The Colorado Retail Food Establishment Rules and Regulations,
https://www.colorado.gov/pacific/sites/default/files/DEHS_RetailFd_6CCR10102_RFFC_EffJan2019.pdf. It read in pertinent part,
-Receptacles and waste handling units for refuse, recyclables, and returnables and for use with materials containing food residue shall be durable, cleanable, insect- and rodent-resistant, leak-proof, and nonabsorbent.
-Receptacles and waste handling units for refuse, recyclables, and returnables shall be kept covered: Inside the food establishment if the receptacles and units contain food residue and after they are filled. (Retrieved 12/8/22)
B. Facility policy and procedure
The Disposal of Garbage policy, dated 1/12/16, was provided by the RCR on 12/1/22 at 1:52 p.m. It revealed, in pertinent part, Garbage is bagged and tied before removing placing in trash receptacle. Garbage receptacle is closed at all times.
The Sanitization policy, revised October 2008, was provided by the regional clinical resource (RCR) on 12/1/22 at 1:52 p.m. It revealed, in pertinent part, Kitchen wastes that are not disposed of by mechanical means shall be kept in clean, leakproof, nonabsorbent, tightly closed containers and shall be disposed of daily.
C. Observations
On 11/28/22 at 8:22 a.m. the initial kitchen tour was conducted and the following was observed:
-Next to the three compartment sink a trash can was filled to the top and was not covered.
-The trash can underneath the handwashing sink did not have a cover
During a continuous observation on 11/30/22 beginning at 11:00 a.m. and ended at 12:40 p.m. the following was observed:
-A trash can was next to the three compartment sink that was filled to the top and without a cover.
-The trash can next to the hand washing sink was overflowing. Paper Towels were on the ground in the surrounding area.
-At 11:56 a.m. cook #2 picked up the trash surrounding the hand washing sink trash can and placed them in the bin. She then used her hands to push the trash down to fit in the trash can and then washed her hands. The trash can did not have a lid.
D. Staff interviews
The FND and the RD were interviewed on 11/30/22 at 1:20 p.m.
The FND said she was not aware the trash cans in the kitchen needed to be covered.
The FND said she would speak with the NHA regarding ordering new trash cans.
V. Food was properly cooled
A. Professional reference
The Colorado Department of Public Health and Environment (2019) The Colorado Retail Food Establishment Rules and Regulations, https://www.colorado.gov/pacific/sites/default/files/DEHS_RetailFd_6CCR10102_RFFC_EffJan2019.pdf.
It revealed in pertinent part, Maintain the records required to confirm that cooling and cold holding refrigeration time/temperature parameters are required as part of the HACCP (hazard analysis critical control point) plan. (Retrieved 12/8/22)
B. Facility policy and procedure
The Food Wholesomeness policy, dated 1/12/16, was provided by the regional clinical resource (RCR) on 12/1/22 at 1:52 p.m. It revealed, in pertinent part, Leftover foods are chilled with HACCP (hazard analysis and critical control points) guidelines if product is acceptable.
C. Observations
During a continuous observation on 11/30/22 beginning at 11:00 a.m. and ended at 12:40 p.m. the following was observed:
-At 11:01 a.m. a colander of cooked noodles was in the three compartment sink. Steam was coming off of the noodles.
-At 11:25 a.m. the noodles were placed in a plastic bag and placed directly in the refrigerator.
-A casserole was warm to the touch in the main kitchen walk-in refrigerator.
-A bag of cooked scrambled eggs, a container of pureed ham and a container of pureed vegetables were in the main kitchen walk-in refrigerator.
D. Record review
A request was made for the documented cooling monitor system on 11/30/22. The FND said the facility did not have a documented cooling monitor system in place (see interview below).
E. Staff interviews
The FND and the RD were interviewed on 11/30/22 at 1:20 p.m.
The FND said food must be cooled properly to prevent the growth of bacteria that could cause food borne illness.
The FND said the macaroni should have been cooled properly prior to it being placed in the refrigerator.
The FND said she did not have documentation that food that was in the walk-in refrigerators were cooled properly.
The FND said she would implement a food cooling and logging system immediately.
VI. Holes were patched timely in the main kitchen
A. Professional reference
The Colorado Department of Public Health and Environment (2019) The Colorado Retail Food Establishment Rules and Regulations, retrieved from: https://www.colorado.gov/pacific/sites/default/files/DEHS_RetailFd_6CCR10102_RFFC_EffJan2019.pdf. It read in pertinent part,
-Utility service lines and pipes may not be unnecessarily exposed.
-Except in areas used only for dry storage, concrete, porous blocks, or bricks used for indoor wall construction shall be finished and sealed to provide a smooth, nonabsorbent, easily cleanable surface. (Retrieved 12/8/22)
B. Observations
On 11/28/22 at 8:22 a.m. the initial kitchen tour was conducted and on the back kitchen wall, across from the two walk-in refrigerators were five holes in the wall that were approximately three inches by three inches.
C. Staff interviews
The FND and the RD were interviewed on 11/30/22 at 1:20 p.m.
The FND said she was aware there were several holes in the kitchen wall.
The RD said holes in the kitchen could let pests into the kitchen.
The RD and the FND said they planned to begin a deep clean and renovation of the kitchen in the future.
The FND said she was not sure if the maintenance department had been notified of the holes in the wall.
The maintenance associate (MA) was interviewed on 12/1/22 at 3:46 a.m. He said he was not aware of the holes in the kitchen wall. He said holes should be fixed immediately, so pests such as mice did not get into the kitchen. The MA said he would fix the wall immediately.
The DON, NHA and RCR were interviewed on 12/1/22 at 2:53 p.m.
The RCR said he would speak with the regional RD for her to address the holes in the kitchen wall.
CONCERN
(E)
📢 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 F0813
(Tag F0813)
Could have caused harm · This affected multiple residents
Based on observations, record review and interviews, the facility failed to implement their policy regarding use and storage of foods brought to residents by family and other visitors to ensure safe a...
Read full inspector narrative →
Based on observations, record review and interviews, the facility failed to implement their policy regarding use and storage of foods brought to residents by family and other visitors to ensure safe and sanitary storage, handling and consumption on four of five units.
Specifically, the facility failed to:
-Ensure food that was kept in resident's refrigerators had safe and sanitary storage;
-Ensure resident refrigerators had a thermometer to continuously monitor the internal temperature; and,
-Ensure documentation monitored daily refrigerator temperatures.
Findings include:
I. Facility policy
The Food From Outside Sources policy, revised 3/27/17, was provided by the director of nursing (DON) on 11/28/22 at 10:19 a.m. It revealed, in pertinent part, All foods may be permitted from outside sources if deemed safe and wholesome per state and federal guidelines and within medical advice.
If food is not consumed upon arrival, it may be stored in a suitable container and labeled with date, resident name and item description if needed.
II. Resident interview and observation
On 11/30/22 at 4:36 p.m. Resident #89's personal refrigerator was inspected. Resident #89 who was identified as interviewable by the facility assessment, said there was not a thermometer in the refrigerator. He said foods were not labeled when placed in the refrigerator. There was brown residue on the bottom shelf of the refrigerator. There was cut-up fresh fruit, condiments and cut-up fresh vegetables that were in the refrigerator not labeled.
III. Record review
A request was made for the documentation of the personal refrigerators monitoring logs on 11/30/22. The facility did not have any documentation that the personal refrigerators in the resident rooms were being monitored.
The regional clinical resource (RCR) provided a list of residents who had a personal refrigerator in their room on 11/30/22 at 3:54 p.m. It revealed, zero residents on the first floor unit had a personal refrigerator, five residents on the second floor unit had personal refrigerators, three residents on the third floor east unit had personal refrigerators, eight residents on the third floor west unit had personal refrigerators and 12 residents on the fourth floor unit had personal refrigerators.
IV. Staff interviews
Licensed practical nurse (LPN) #3 was interviewed on 11/30/22 at 1:45 p.m. She said she was unsure of who was responsible for monitoring the resident's personal refrigerators. She said she had reviewed the log book, but was unable to locate the temperature logs for the personal refrigerators.
Registered nurse (RN) #1 was interviewed on 11/30/22 at 1:50 p.m. She said she was not aware of who was responsible for monitoring the residents personal refrigerators. She said she was unable to locate the logs for the personal refrigerators.
LPN #2 was interviewed on 11/30/22 at 2:07 p.m. He said he did not know who was responsible for monitoring the residents personal refrigerators.
The RCR and DON were interviewed on 11/30/22 at 2:49 p.m. The RCR said he was unable to locate the temperature monitoring logs for the resident's personal refrigerators.
The DON said the night shift certified nurse aides (CNAs) were responsible for monitoring the temperatures of the refrigerators.
The RCR was interviewed again on 11/30/22 at 3:54 p.m. He said the facility had begun an immediate audit of residents who have personal refrigerators. He said the food and nutrition director (FND) was ordering thermometers to be placed in each refrigerator. He said the night shift staff would be responsible for monitoring the temperature of the refrigerators, cleaning the refrigerators and ensuring all foods were labeled and dated correctly.
The FND was interviewed on 12/1/22 at 10:38 a.m. She said the CNAs were responsible for monitoring the resident's personal refrigerators twice a day. She said the CNAs were responsible for ensuring the refrigerators were cleaned and the food was labeled and dated properly.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Infection Control
(Tag F0880)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, record review, and interviews the facility failed to maintain an infection control program designed to pr...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, record review, and interviews the facility failed to maintain an infection control program designed to provide a safe, sanitary and comfortable environment to help prevent the development and transmission of disease and infection in two of five units.
Specifically, the facility failed to:
-Provide and encourage hand hygiene to residents at meal times; and,
-Staff did not follow proper hand hygiene during meal assistane.
Findings include:
I. Professional reference
The Centers for Disease and Prevention (CDC) Hand Hygiene in Healthcare Settings, last reviewed 1/30/2020, retrieved on 12/5/22 from https://www.cdc.gov/handhygiene/providers/guideline.html included the following recommendations, in pertinent part for hand hygiene, Use an alcohol-based hand sanitizer immediately before touching a patient, before performing an aseptic task or handling invasive medical devices, before moving from work on a soiled body site to a clean body site on the same patient, after touching a patient or the patient's immediate environment, after contact with blood, body fluids or contaminated surfaces, and immediately after glove removal.
II. Facility policy and procedure
The COVID-19 Prevention, Response and Testing policy and procedure, revision date 11/4/22, provided by the director of nursing (DON) on 11/28/22 at 11:36 a.m. via email, it read in pertinent part, Interventions to prevent the spread of respiratory germs within the facility: Keep residents and employees informed by answering questions and explaining what they can do to protect themselves and their fellow residents (social distancing, respiratory hygiene/cough etiquette, handwashing). Residents are reminded to perform frequent hand hygiene and are assisted as necessary. Support hand hygiene and respiratory/cough etiquette by residents and employees by making sure tissues, soap, paper towels, and alcohol-based hand rubs are available.
III. 400 unit
A. Observations
During a continuous observation on 11/29/22 beginning at 11:01 a.m. and ended at 1:35 p.m. the following was observed:
-At 12:41 p.m. an unidentified certified nurse aide (CNA) delivered a room tray to rooms 427a and 427b, she did not encourage or offer hand hygiene to the residents.
-At 12:42 p.m. an unidentified CNA delivered a room tray to room [ROOM NUMBER], she did not offer or encourage hand hygiene to the resident.
-At 12:43 p.m. an unidentified CNA delivered a room tray to room [ROOM NUMBER]a, she did not encourage or offer hand hygiene to the resident.
-At 12:44 p.m. an unidentified CNA delivered a room tray to room [ROOM NUMBER], she did not encourage or offer hand hygiene to the resident.
-At 12:44 p.m. an unidentified CNA delivered a room tray to room [ROOM NUMBER]b, she did not encourage or offer hand hygiene to the resident.
-At 12:45 p.m. an unidentified CNA delivered a room tray to room [ROOM NUMBER]b, she did not encourage or offer hand hygiene to the resident.
-At 12:55 p.m. an unidentified CNA delivered a room tray to room [ROOM NUMBER], she did not encourage or offer hand hygiene to the resident.
-At 12:55 p.m. an unidentified CNA delivered a room tray to room [ROOM NUMBER], she did not encourage or offer hand hygiene to the resident.
-At 12:56 p.m. an unidentified CNA delivered a room tray to room [ROOM NUMBER], she did not encourage or offer hand hygiene to the resident.
B. Staff interviews
CNA #4 was interviewed on 12/1/22 at 1:26 p.m. She said CNAs were responsible for encouraging or offering hand hygiene to all residents prior to the meal.
The DON was interviewed on 12/1/22 at 3:50 p.m. She said the CNAs were responsible for encouraging hand hygiene to the residents prior to meals. She said there were sanitizer wipes and hand sanitizer liquid available for the CNAs to offer to the residents.
The DON said she expected the CNAs to encourage independent residents to wash their hands as well.
IV. 100 unit
A. Observations
Lunch observations on 11/28/22 from 11:15 a.m to 12:55 p.m.
-At 11:15 a.m. twelve residents were observed in the dining room completing coloring activity.
-At 12:28 p.m. the meal cart was delivered to the unit. The coloring supplies were taken away by CNAs and meals were served to residents. The residents were not offered hand hygiene prior to the meal.
-At 12:38 p.m. CNA #2 was observed redirecting a wandering resident from the meal cart by holding his both hands and walking with him away from the meal cart. After she redirected the resident, she did not wash or sanitize her hands and went on assisting with meals to other residents.
-At 12:43 p.m. CNA #9 observed serving meals to residents wearing gloves. She grabbed a trash bin by the top rim and moved it out of the way to clear a space for the resident. After the resident was seated at the table she grabbed plates from the meal cart, placed it in front of the resident and assisted the resident with the meal without changing her gloves.
B. Staff interview
The director of nursing (DON) was interviewed on 12/1/22 at 4:30 p.m. She said residents should be offered hand hygiene prior to meals. She said CNAs should not wear gloves during meal service and must wash or sanitize their hands after touching unclean surfaces.
She said she would provide education to all CNAs to make sure they were following proper hand hygiene.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0886
(Tag F0886)
Could have caused harm · This affected multiple residents
Based on observations and interviews, the facility failed to follow proper testing procedures and infection control measures to prevent potential cross-contamination and spread of SARS-CoV-2 COVID-19,...
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Based on observations and interviews, the facility failed to follow proper testing procedures and infection control measures to prevent potential cross-contamination and spread of SARS-CoV-2 COVID-19, during testing procedures on staff and residents.
Specifically, the facility failed to ensure proper disinfection of the testing area (a facility bathroom) between staff self-tests; and that the entire testing area and all items in the testing area (within six feet of the testing) were properly disinfected every hour during the testing period.
Findings include:
I. Professional reference
According to Centers for Disease Control (CDC) guidance, Guidance for SARS-CoV-2 Point-of-Care and Rapid Testing, updated 4/4/22, available from https://www.cdc.gov/coronavirus/2019-ncov/lab/point-of-care-testing.html#anchor_1615506986947, viewed 12/8/22, - Rapid point-of-care tests provide results within minutes (depending on the test) and are used to diagnose current or detect past SARS-CoV-2 infections in a variety of settings, such as: Long-term care facilities and nursing homes.
Specimen Collection & Handling of Rapid Tests in a Point-of-Care Setting:
-Proper specimen collection and handling are critical for all COVID-19 testing, including those tests performed in point-of-care settings. A specimen that is not collected or handled correctly can lead to inaccurate or unreliable test results. For personnel collecting specimens or working within 6 feet of patients suspected to be infected with SARS-CoV-2, maintain proper infection control and use recommended personal protective equipment (PPE), which could include an N95 or higher-level respirator (or face mask if a respirator is not available), eye protection, gloves, and a lab coat or gown.
Disinfect surfaces within 6 feet of the specimen collection and handling area before, during, and after testing and at these times:
-Before testing begins each day
-Between each specimen collection
-At least hourly during testing
-When visibly soiled
-In the event of a specimen spill or splash
-At the end of every testing day
CDC recommends the following practices when performing tests point-of-care setting:
Before the Test
-Perform a risk assessment to identify what could go wrong, such as breathing in infectious material or touching contaminated objects and surfaces.
-Implement appropriate control measures to prevent these potentially negative outcomes from happening.
After the Test
-Decontaminate the instrument after each use. Follow the manufacturer's recommendations for using an approved disinfectant, including proper dilution, contact time, and safe handling.
CDC guidance, Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic, updated 9/23/22, available from: https://www.cdc.gov/coronavirus/2019-ncov/hcp/infection-control-recommendations.html , accessed on 12/8/22. It read in pertinent part,
This guidance is applicable to all U.S. settings where healthcare is delivered. Employers should be aware that other local, state, and federal requirements may apply, including those promulgated by OSHA. Ensure everyone is aware of recommended IPC practices in the facility.
Optimize the use of engineering controls to reduce or eliminate exposures by shielding health care professionals (HCP) and other patients from infected individuals physical barriers at reception / triage locations and dedicated pathways to guide symptomatic patients through waiting rooms and triage areas).
-Procedures that could generate infectious aerosols should be performed cautiously and avoided if appropriate alternatives exist.
-AGPs should take place in an airborne infection isolation room (AIIR), if possible.
-The number of HCP present during the procedure should be limited to only those essential for patient care and procedure support. Visitors should not be present for the procedure.
Environmental Infection Control -Routine cleaning and disinfection procedures (e.g., using cleaners and water to pre-clean surfaces prior to applying an EPA-registered, hospital-grade disinfectant to frequently touched surfaces or objects for appropriate contact times as indicated on the product's label) are appropriate for SARS-CoV-2 in healthcare settings, including those patient-care areas in which aerosol generating procedures are performed.
II. Sanitizing the COVID-19 testing room
On 11/29/22 at 10:38 a.m. the testing area for polymerase chain reaction (PCR) and antigen rapid testing was observed. The testing area was in the first floor public facility bathroom used by visitors and staff. There were no was no cleaning or sanitizing products in the room or signage with instructions concerning sanitization. There were no gloves or gel hand sanitizer. There was a red biohazard trash can in the bathroom with a lid. The signage on the wall described washing hands with soap and water before and after the procedure, and the testing procedure. There was no information on cleaning the surfaces in the bathroom before or after testing (an aerosol producing procedure). Multiple staff members and guests were observed using the bathroom throughout the testing day.
III. County positivity rate
The facility was located in Boulder county where the level of community transmission rate was high the week of 11/18/22 to 11/24/22, retreived from https://covid19.colorado.gov/healthcare-providers/long-term-care-facilities/healthcare-community-transmission-levels. The facility was currently in outbreak status.
IV. Staff interviews
The infection preventionist (IP) was interviewed on 11/30/22 at 11:21 a.m. She said the facility was currently in outbreak status and they were testing twice per week, on Tuesdays and Fridays. The IP said the procedure for staff testing was to go to the bathroom on the first floor area and test there. The staff member shut the door, completed the test, put it in a bag, and put it in the refrigerator. The staff should wash hands with soap and water prior to the test, dry hands and apply gloves. After the staff completed the test, they should wash hands. The IP acknowledged that COVID-19 testing was an aerosol producing procedure. The IP said the facility used clorox wipes or spray on anything the staff member touched. The IP said the staff member should wipe and clean the area after testing. The IP said there should be cleaning instructions posted but acknowledged there was not. The IP said she needed to put up signage about cleaning. The IP said housekeeping cleaned the bathroom two times a day and should wear full PPE including gloves, gowns, masks and eye protection to protect themselves. The IP said guests using the bathroom should use a surgical mask and wash their hands.
The DON was interviewed on 12/1/22 at 2:06 p.m. The DON said the IP reported to her and she was her supervisor. The DON said she was aware that the staff were COVID-19 testing in the guest/staff bathroom. The DON said testing supplies were at the receptionist desk then the staff member tests in the bathroom. The DON said as an aersoling producing procedure (testing) there should be cleaning between staff member testing. The DON said there should be cleaning of the door knobs, counter and sink in the testing room with sanitizing wipes. The DON said that other guests or staff were using that bathroom. The DON acknowledged there was no record of cleaning between testing on 11/29/22, no signage with instructions on cleaning the bathroom, and there were no cleaning or sanitizing supplies in the bathroom.
V. Additional information
On 12/1/22 at 9:57 a.m. the testing area bathroom was viewed. There were three new unopened boxes of gloves placed in the bathroom and an unopened box of disinfecting wipes.
On 12/1/22 the facility reported two new COVID-19 positive residents and two staff members from the testing conducted on 11/29/22.
MINOR
(C)
Minor Issue - procedural, no safety impact
Deficiency F0888
(Tag F0888)
Minor procedural issue · This affected most or all residents
Based on observations, record review and interviews, the facility failed to develop and implement a COVID-19 staff vaccination process to address all facility staff, including agency staff who provide...
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Based on observations, record review and interviews, the facility failed to develop and implement a COVID-19 staff vaccination process to address all facility staff, including agency staff who provided care, treatment and other services to facility and/or residents.
Specifically, the facility failed to obtain the vaccination status of outside providers and staff.
The facility was unable to provide an accurate listing of the vaccination status of all contracted providers/staff who enter the facility on a regular basis and provide direct care to residents.
The facility failed to prevent unvaccinated staff from working, without an exemption or temporary delay:
-Certified nursing aide (CNA) #5 worked from 5/26/22 to 11/9/22 without having primary vaccinations or exemption; and,
-Dietary aide (DA) #1 worked from 7/18/22 to 8/27/22 without having primary vaccinations or exemption.
Cross-reference F886 testing procedures and infection control measures.
Findings include:
I. Facility policy
The COVID-19 Prevention, Response and Testing policy and procedure, revision date 11/4/22, provided by the director of nursing (DON) on 11/28/22 at 11:36 a.m. via email, it read in pertinent part, CMS (Centers for Medicare and Medicaid services) requires HCP (healthcare providers) have primary vaccinations or exemptions. May begin working the day after their first dose of vaccine and must get their second dose per the scheduled timing. May also apply for a medical or religious exemption, but cannot start working until this has been approved.
II. Record review
Staff vaccination matrixes were provided by the facility. The vaccination matrix failed to ensure all staff and providers who provided resident care were listed on the vaccine matrix.
-Review of the matrix on 12/1/22 at 11:45 a.m. revealed the facility failed to include the providers, which included nurse practitioner (NP) #1, medical doctor (MD) #1, and all hospice workers. An updated matrix was requested from the infection preventionist (IP) and the regional clinical resource (RCR).
-However, it was not provided prior to the exit of the survey 12/1/22.
Review of the matrix also revealed data as follows:
-Certified nursing aide (CNA) #5- One Pfizer vaccine dose 10/7/21 out of the required two.
-Dietary Aide (DA) #1- One Moderna vaccine dose 7/13/22 out of the required two.
-CNA #4- One Moderna vaccine dose 9/3/21 out of the required two.
-Licensed practical nurse (LPN) #4-Zero COVID-19 vaccines with no exception.
-CNA #6-Zero COVID-19 vaccines with no exemption.
The Line list provided by the DON 11/29/22 at 4:17 p.m. revealed three COVID-19 positive residents:
-Resident #69 tested positive 11/1/22.
-Resident #90 tested positive 11/3/22.
-Resident #102 tested positive 11/7/22.
An additional two Residents (#3 and #95) were added to the total when testing results from 11/29/22 became available.
There were a total of 10 positive staff members on the line list from 11/1/22 to 11/29/22.
III. Facility COVID-19 status
The facility had been in COVID-19 outbreak status since 11/1/22. The facility had two current confirmed positive cases of COVID-19 in residents and had two positive staff members during the survey; all four tested positive on 11/29/22. According to the line list there were a total of five positive residents, and 10 positive staff members in the past 4 weeks from 11/1/22 to 11/29/22.
The facility was located in Boulder County which was in High community transmission levels for healthcare communities.
IV. Staff interviews
The IP was interviewed on 11/30/22 at 11:21 a.m. She said the Boulder county positivity rate was high and the facility was in outbreak status. The IP said the facility staff was not 100% primarily vaccinated or with an exemption. The IP said there were six staff members that she was aware of, for example some staff had one Moderna vaccine but not the second one. The IP said the unvaccinated staff would wear a surgical mask, the same as those not vaccinated for the flu, and goggles. The IP said the unvaccinated staff should take a daily antigen test although not required. The IP named the following staff members who did not have minimal primary vaccinations: Staff #1, DA #1, CNA #4, CNA #5, LPN #4, and CNA #6. The IP said she was responsible for entering all staff into the COVID-19 immunization matrix.
The DON and IP were interviewed on 11/30/22 at 1:49 p.m. She said she was not aware that five or six staff members did not have primary vaccinations on the matrix. The DON said she would check if she had any further records of these staff members' vaccinations. The DON asked the IP if the five to six staff members in question had their primary vaccinations. The IP said they did not have it, and the matrix was correct. The IP said she had also checked the Colorado immunization information system (CIIS) to be sure and the staff members were not there. The DON said she was not aware of that.
The IP was interviewed again on 11/30/22 at 2:03 p.m. The IP said she told the facility managers, such as laundry, that staff should not work if they were not primarily vaccinated or have an exemption. The IP said the prior leadership did not support her IP position and recommendations and did not listen to her. The IP said no action was taken when staff indicated they would not get primarily vaccinated and they did not qualify for any exemption.
The DON was interviewed again on 11/30/22 at 3:12 p.m. She said when a new staff member came in for orientation the facility reviewed the vaccine cards of the new staff member.The DON said the new employee had to have a vaccine card and the first two vaccines, unless they have an exemption, but the facility had none. The DON said the IP checked on the contractors to make sure they have completed vaccinations. The IP handled all of it, including the matrix, and she only got involved if the IP cannot get something. The DON said she was not aware that five staff members did not have primary vaccinations. The DON said the staff needed to get an exemption or a vaccine, in the meanwhile she said she would have to take them off the schedule and audit the staff. The DON checked the schedule and noticed that CNA #4 had worked Monday, Tuesday and Wednesday (presently). The DON said she would go talk to CNA #4 immediately.
V. Facility follow-up
The DON provided the vaccine cards for those sample staff members without primary vaccinations or exemptions listed on the vaccine matrix.
CNA #5- The vaccine card confirmed that CNA #5 had only one Pfizer vaccine dose on 10/7/21 out of the required two. The human resources director (HRD) confirmed that the employee (CNA #5) was hired 5/26/22 and was a current employee whose last day at work was 11/9/22 (currently on vacation). The HRD provided the employee punch report that revealed the employee had worked 24 shifts (days) between 10/2/22-11/9/22 prior to and during the facility outbreak on 11/1/22.
The facility had allowed CNA #5 to work for over six months without the minimal required primary vaccinations or an exemption.
DA #1-The DON did not provide the vaccine card and said the employee (DA #1) who no longer worked at the facility. The matrix revealed one Moderna vaccine dose 7/13/22 out of the required two vaccines. The HRD confirmed that the employee (DA #1) was hired 7/18/22 and terminated 8/27/22.
The facility had allowed DA#1 to work over one month without the minimal required primary vaccination or exemption.
CNA #4- The vaccine card revealed two Pfizer vaccines 10/23/21 and 11/18/21.
-This was completely different from the one Moderna vaccine dose dated 9/3/21 that was listed on the matrix.
LPN #4-The vaccine card revealed two Moderna vaccines on 4/25/22 and 5/23/21 and one Pfizer booster 1/20/22.
-This was in contrast to the zero vaccines that were listed on the matrix for LPN #4.
CNA #6-The vaccine card revealed two Moderna vaccines on 9/2/21 and 9/30/21.
-This was in contrast to the zero vaccines that were listed on the matrix for CNA #6.