**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, record review and interviews, the facility failed to ensure four (#59, #39, #97 and #42) of nine residents out of 36 sample residents were kept free from abuse.
Specifically, the facility failed to:
-Protect Resident #59 and Resident #39 from sexual abuse by Resident #62;
-Protect Resident #97 and Resident #34 from physical abuse by each other; and,
-Protect Resident #42 from physical abuse by Resident #58.
Findings include:
I. Facility policy and procedure
The Abuse, Neglect, Exploitation and Misappropriation Prevention Program policy, revised April 2021, was provided by the nursing home administrator (NHA) on 3/23/25 at 12:41 p.m. It read in pertinent part, Residents have the right to be free from abuse.
The facility will implement measures to address factors that may lead to abusive situations.
The facility will identify and investigate all possible incidents of abuse, neglect, mistreatment, or misappropriation of resident property. The facility will investigate and report any allegations within timeframes required by federal requirements.
II. Incident of sexual abuse of Resident #59 and Resident #39 by Resident #62 on 3/21/25
A. Facility investigation
The facility's incident investigation, undated, was provided by the NHA on 3/24/25 at 4:21 p.m. The investigation included a statement from certified nurse aide (CNA) #4, which revealed on 3/21/25 between 1:30 a.m. and 2:00 a.m., CNA #4 observed Resident #62 as he was halfway into Resident #39 and Resident #59's shared room. Resident #62 had exposed his genitals and was masturbating in the room. CNA #4 took Resident #62 back to his room and told him he could not be in other residents' rooms.
Resident #39 was interviewed by the NHA on 3/21/25. Resident #39 said she did not have any incidents of abuse to report. Resident #39 said she felt safe in the facility. Resident #39 said she did not notice any disturbances during her sleep. Resident #39 said there was nothing else she wanted to share.
Resident #59 was interviewed by the NHA on 3/21/25. Resident #59 said she did not have any incidents of abuse to report. Resident #59 said she felt safe in the facility. Resident #59 said she did not notice any disturbances during her sleep. Resident #59 said there was nothing else she wanted to share.
The investigation included a secure neighborhood placement evaluation, dated 3/21/25, for Resident #62.
-The documents did not include a formal abuse investigation, interviews with any other residents in the vicinity, an interview with Resident #62 or any other interviews with staff members.
B. Resident #62 (assailant)
1. Resident status
Resident #62, age [AGE], was admitted on [DATE]. According to the March 2025 computerized physician orders (CPO), diagnoses included sexual dysfunction and major depressive disorder.
The 12/17/24 minimum data set (MDS) assessment revealed the resident was cognitively intact with a brief interview for mental status (BIMS) score of 13 out of 15. The resident needed setup or cleanup assistance for most activities of daily living (ADL).
The MDS assessment documented the resident did not have physical or verbal behaviors directed toward others or other behavioral symptoms not directed toward others.
2. Record review
The behavioral care plan, initiated 7/17/2020 and revised 4/14/23, revealed Resident #62 made verbally explicit comments and suggestions toward staff, masturbated in front of staff, asked female staff members if he could touch them or if the staff could touch him in a sexually inappropriate way. Pertinent interventions included explaining or reinforcing why his behavior was inappropriate or unacceptable, administering medications as ordered, educating staff on the importance of respecting Resident #62's wishes and emphasizing sexual outlet was a normal function, monitoring behavioral episodes and attempting to determine an underlying cause, redirecting any inappropriate public exposure and intervening as necessary to protect the rights and safety of others.
The activities care plan, revised 3/18/25, revealed Resident #62 was part of an activities work reward program in which he passed out news bulletins on the South neighborhood as it gave him purpose and satisfaction to speak with his peers and staff daily. Pertinent interventions included ensuring Resident #62 had the appropriate leisure material in order to be set up for success and having staff remind and encourage Resident #62 to participate in the work reward program.
The antipsychotic medication care plan, revised 12/30/24, revealed Resident #62 required an antipsychotic medication as evidenced by inappropriate sexual behavior, delusions and hallucinations. Pertinent interventions included administering antipsychotic medications as ordered, observing Resident #62's mood and response to the medication and observing and recording the effectiveness of the drug treatment as indicated.
A progress note, dated 1/16/25 at 9:56 p.m., revealed Resident #62 was being inappropriate in his room and masturbating during medication pass.
-However, the incident was not documented in the behavior tracking software or in the resident's treatment administration records (TAR).
A progress note, dated 1/29/25 at 9:54 p.m., revealed Resident #62 was asking an unidentified nurse and CNA to come into his room. When the nursing staff members responded and asked Resident #62 what he needed, he did not respond. When the nurse was in Resident #62's room assisting his roommate, Resident #62 began looking at the nurse inappropriately and grunting. When the nurse exited the room, Resident #62 told her he loved her.
-However, the incident was not documented in the behavior tracking software or in the TAR.
A progress note, dated 3/21/25 at 12:39 p.m., revealed an unidentified CNA witnessed Resident #62 masturbating in another resident's room. The other residents slept through the situation and did not wake up. The CNA relocated Resident #62 away from the room and told the resident he could not perform those actions in others' rooms. The director of nursing (DON) spoke with Resident #62 and gave him choices to ensure his safety and the safety of others, and the resident agreed to relocate the resident to the all-male secured unit. The nursing staff were to continue to monitor Resident #62 for hypersexual behaviors.
-However, the incident was not documented in the behavior tracking software or in the TAR.
A quarterly interdisciplinary team (IDT) conference, initiated 3/20/25 at 12:21 p.m. and finalized 3/23/25 at 9:09 p.m., revealed Resident #62 was independent in his activities of choice. Resident #62 participated in the work therapy program by passing out the daily bulletin. Resident #62 enjoyed watching television (TV), visiting with his peers, and going out for scheduled smoke breaks. Resident #62 was re-educated on places in which it was appropriate to masturbate. Resident #62 was re-educated on not going into other residents' rooms.
An IDT note, dated 3/25/25 at 9:30 a.m., revealed that on 3/21/25 at 1:30 a.m. Resident #62 was observed by a CNA masturbating in the doorway of Resident #39 and Resident #59's room. When confronted, Resident #62 said he did not know what they were talking about. Interventions implemented included moving Resident #62 back to the all-male secured unit. Risk factors included Resident #62's history of sexually inappropriate behavior and mental illnesses.
A change in condition note, dated 3/26/25 at 3:33 p.m., revealed Resident #62 had a change in condition due to behavioral symptoms. The note documented the facility staff said Resident #62's behaviors were still present with masturbation in public view. No new interventions or orders were documented.
Behavior tracking through the facility's behavior tracking software was reviewed from 9/24/24 through 3/25/25 and revealed the following:
On 11/14/24 at 11:40 a.m. Resident #62 asked a CNA to wash his private area while she was assisting him with his shower and Resident #62 told the CNA he could see down her shirt as she was assisting him with putting on his socks.
On 1/19/25 at 8:08 p.m. a CNA reported to the nurse that Resident #62 was masturbating and saying to her I know you're over there baby, come on over here repeatedly. The nurse educated Resident #62 that he could masturbate in his room privately but it was unacceptable to ask any staff members to help him.
-However, the 1/19/25 incident was not documented in the progress notes or in the TAR.
C. Resident #59 (victim)
1. Resident status
Resident #59, age [AGE], was admitted on [DATE]. According to the March 2025 CPO, diagnoses included dementia and generalized muscle weakness.
The 12/20/24 MDS assessment revealed the resident was severely cognitively impaired with a BIMS score of six out of 15. The resident was dependent or required maximal assistance with most ADLs.
2. Record review
A progress note, dated 3/21/25 at 1:30 a.m., revealed a CNA reported she saw a resident in Resident #59's room sitting in his wheelchair exposing his genitals. The CNA moved the other resident out of Resident #59's room. Resident #59 remained asleep and did not appear to wake up or be aware of the incident. All parties were notified per facility protocol by the DON.
A progress note, dated 3/23/25 at 11:55 p.m., revealed Resident #59 was resting in bed and did not voice any concerns to the nurse on staff. The nurse would continue to monitor the resident.
An IDT note, dated 3/25/25 at 10:07 a.m., revealed on 3/21/25 at 1:30 a.m. a CNA observed a male resident in the doorway of Resident #59's room exposing his genitals. The resident was quickly removed from the room. Resident #59 was sleeping and was not aware of the man's presence. The NHA, the DON, the resident, and the resident's responsible party were notified. Interventions were put into place to prevent any recurrences.
-However, the note did not specify what interventions were put into place to prevent recurrence.
D. Resident #39 (victim)
1. Resident status
Resident #39, age less than 65, was admitted on [DATE]. According to the March 2025 CPO, diagnoses included generalized anxiety disorder, insomnia and depression.
The 1/7/25 MDS assessment revealed the resident was cognitively intact with a BIMS score of 14 out of 15. The resident was dependent or required maximal assistance with most ADLs.
2. Record review
A progress note, dated 3/21/25 at 1:30 a.m., revealed a CNA reported she saw a resident in Resident #39's room sitting in his wheelchair exposing his genitals. The CNA moved the other resident out of Resident #39's room. Resident #39 remained asleep and did not appear to wake up or be aware of the incident. All parties were notified per facility protocol by the DON.
An IDT note, dated 3/25/25 at 9:43 a.m., revealed on 3/21/25 at 1:30 a.m. a CNA observed a male resident in the doorway of Resident #39's room exposing his genitals. The resident was quickly removed from the room. Resident #39 was sleeping and was not aware of the man's presence. The NHA, the DON, the resident, and the resident's responsible party were notified. Interventions were put into place to prevent any recurrences.
-However, the note did not specify what interventions were put into place to prevent recurrence.
E. Staff interviews
CNA #6 was interviewed on 3/25/25 at 9:02 a.m. CNA #6 said Resident #62 had sexually inappropriate behaviors sometimes but never towards her. CNA #6 said she never personally witnessed any sexual behaviors from Resident #62. CNA #6 said Resident #62 was able to be redirected when he was having sexually inappropriate behaviors. CNA #6 said she knew Resident #62 had been inappropriate and masturbated in front of other CNAs. CNA #6 said Resident #62 had sexually inappropriate behaviors day and night, but was only interested in women. CNA #6 said she documented any behaviors Resident #62 exhibited into their behavior monitoring software and would notify the nurse and the social services director (SSD) if she saw any behaviors.
CNA #6 said the activities department employed Resident #62 to deliver the daily bulletin to each resident's room. CNA #6 said Resident #62 would peek into residents' rooms while he delivered the news.
CNA #5 was interviewed on 3/25/25 at 9:18 a.m. CNA #5 said she tried to avoid working with Resident #62 as much as possible because she had heard from other CNAs that he was inappropriate and would masturbate in front of them. CNA #5 said Resident #62 had not been inappropriate with her, but she said if he had been, she would have let the nurse know. CNA #5 said when Resident #62 distributed the daily bulletin he would slowly put them in the female residents' rooms and linger in their doorways peeking in. CNA #5 said she would close the residents' doors or redirect Resident #62 if she saw him lingering.
CNA #7 was interviewed on 3/25/25 at 9:34 a.m. CNA #7 said Resident #62 would go into other residents' rooms and have sexually inappropriate behaviors. CNA #7 said Resident #62 had previously stayed in his room and not bothered anyone but after moving to a different unit, he began having behaviors. CNA #7 said Resident #62 had sexually inappropriate behaviors every two days or so and would masturbate in his room.
Licensed practical nurse (LPN) #1 was interviewed on 3/25/25 at 9:58 a.m. LPN #1 said she never witnessed Resident #62 having inappropriate behaviors but she knew he would masturbate in front of staff. LPN #1 said Resident #62 had sexually inappropriate behaviors in front of ladies and was able to be redirected easily for a short time. LPN #1 said Resident #62 was moved back to the all-male secured unit for the safety of other residents after he masturbated in front of two female residents in their doorway.
CNA with medication authority (CNA-Med) #1 was interviewed on 3/25/25 at 10:10 a.m. CNA-Med #1 said Resident #62 was very different in the all-male secured unit than he was in the unsecured unit. CNA-Med #1 said Resident #62 was mellow on the secured unit and spent his time hanging out in his room and playing dominos. CNA-Med #1 said Resident #62 was having sexually inappropriate behaviors on the South unit with staff and other residents approximately once per week. CNA-Med #1 said Resident #62 was able to be redirected when he was having sexually inappropriate behaviors. CNA-Med #1 said Resident #62 never had any sexually inappropriate behaviors when he lived in the secured unit previously. CNA-Med #1 said Resident #62 had a job with the activities department to go door to door and pass out the daily bulletins. CNA-Med #1 said behaviors were charted in the facility's behavior monitoring software or in the TAR.
The DON was interviewed on 3/26/25 at 4:40 p.m. The DON said the incident involving Resident #62 happened overnight on 3/21/25. The DON said he received a call from CNA #4 who told him she was in another resident's room, heard a noise, and saw Resident #62 halfway in the doorway of Resident #59 and Resident #39's room. CNA #4 said Resident #62 had his genitals exposed and was masturbating.
The DON said when he came in later on the morning of 3/21/25, the facility staff interviewed Resident #62 and discussed what his next steps would be. The DON said the facility did a trial move with Resident #62 out of the secured unit because he did not exhibit any hypersexual behaviors when he was on the secured unit. The DON said he notified the NHA of the incident immediately. The DON said Resident #62 was mellow and redirectable on the secured unit and had never displayed any sexually inappropriate behaviors when he was on the secured unit.
The NHA was interviewed on 3/26/25 at 5:15 p.m. The NHA said any allegations of abuse needed to be reported to him regardless of the time. The NHA said if he was not available, abuse allegations should be reported to the nurse on-call. The NHA said any abuse allegations needed to be reported to the State Agency within 24 hours. The NHA said after reporting the allegation, the facility staff would launch an investigation, ask for staff statements and interview any residents within the vicinity of the incident.
The NHA said he was notified later in the morning on 3/21/25 about Resident #62's incident on 3/21/25. The NHA said when CNA #4 reported the incident, the facility staff explained Resident #62's options to him and the resident elected to go back into the secured unit. The NHA said he got a statement from the CNA who witnessed the incident and that he interviewed Resident #59 and Resident #39 and they were both asleep. The NHA said he asked both Resident #59 and Resident #39 if they felt safe and if they had witnessed any abuse and neither resident expressed any knowledge of the situation.
The NHA said he had not reported the incident to the State Agency as he had reached out to one of the facility's clinical consultants and was told the incident was not abuse.
Cross-reference F609 for failure to report an allegation of abuse to the State Agency.
The NHA said he did not interview any other residents, as CNA #4 said no other residents were in the hallway because the incident occurred overnight. The NHA said he did not feel the need to interview any other residents as they had not seen Resident #62 that night.III. Incident of physical abuse between Resident #97 and Resident #34 on 2/28/25
A. Facility investigation
The facility's investigation was provided by the NHA on 3/25/25 at 1:00 p.m., revealed the following:
On the morning of 2/28/25, a physical altercation was witnessed between Resident #34 and Resident #97. The altercation occurred in the hallway near Resident #34's bedroom. LPN #6 immediately separated the two residents and both residents were placed on 15-minute checks for the investigation period. LPN #6 assessed both residents and no injuries were present.
Resident #34 said he could not recall the altercation with Resident #97.
Resident #97 could not communicate any recollection of the incident to staff.
Other residents from the unit and staff witnesses were interviewed and revealed the following:
Other residents from the same unit stated that they got along with Resident #34 and Resident #97 and did not have any instances of abuse to report. The staff witnesses stated that Resident #97 was walking down the hallway and Resident #34 was in his way. Resident #34 was facing away from Resident #97. Resident #97 attempted to move Resident #34 from behind when Resident #34 reached back and made contact with Resident #97, without looking to see who was behind him.
CNA #9 said that on 2/8/25 at approximately 9:30 a.m., she heard a loud noise in the hall and saw Resident #34 and Resident #97 fighting. She said she did not see any contact between the residents, but saw Resident #97 attempt to pick up his walker to hit Resident #34. She said she told Resident #97 everything was okay and tried to re-direct him away from Resident #34. She said when Resident #97 returned and walked near Resident #34 again another staff member re-directed Resident #97 back to his room and he laid down for a nap.
LPN #6 said that on 2/8/25 at approximately 9:30 a.m., there was an altercation between Resident #34 and Resident #97. The altercation occurred in the hallway near Resident #34's bedroom. LPN #6 said that Resident #97 attempted to pass by Resident #34 in the hall and pushed Resident #34 aside. LPN #6 said Resident #34 became upset and attempted to hit Resident #97. LPN #6 said the situation did not escalate because the residents were separated. LPN #6 said the residents were assessed and no injuries were found. The NHA and the residents' representatives were notified.
Care plans were reviewed and no changes were made. The altercation was unsubstantiated as an act of abuse.
-However, abuse occurred because Resident #97 attempted to hit Resident #34 with his walker and Resident #34 retaliated and made physical contact with Resident #97.
B. Resident #34 (assailant and victim)
1. Resident status
Resident #34, age [AGE], was admitted on [DATE] and readmitted on [DATE]. According to the March 2025 CPO, diagnoses included unspecified dementia with behavioral disturbances.
The 2/4/25 minimum data set (MDS) assessment revealed the resident had severe cognitive impairment with a BIMS) of three out of 15. He walked independently but was dependent on staff assistance for all ADLs.
The assessment indicated the resident had fluctuating inattention and disorganized thinking. He had delusions and physical behavioral symptoms directed toward others on one to three days during the assessment look-back review period. He had behavioral symptoms not directed toward others on a daily basis.
2. Record review
Resident #34's medication care plan, revised 6/14/22, identified the resident was at risk of complications related to antipsychotic medication use for diagnoses of insomnia and dementia with behavioral disturbances. Resident #34's trigger behaviors for mood stabilizer use were impulsiveness and erratic/irrational response to stimuli. His trigger behaviors for antipsychotic use were physical aggression and erratic/irrational responses to stimuli. Interventions included administering antipsychotic medications as ordered and monitoring for any adverse side effects of medication use, consulting with pharmacy and the physician to consider dosage reduction when clinically appropriate, at least quarterly, and monitoring and documenting the resident's trigger behaviors (revised 2/18/23), giving the resident space when he was aggressive or upset, not approaching the resident from behind or the side due to the resident's visual impairments (revised 6/13/23), leading Resident #34 back to areas where staff were positioned in order to keep him visible, encouraging him to stay clear of door ways (revised 7/27/23) and keeping Resident #34 in line of sight if possible (revised 3/28/24).
Resident #34's care plan for behaviors, initiated 4/13/22, revealed Resident #34 had behaviors including aggressiveness towards peers and staff and poor impulse control related to dementia, traumatic brain injury, post-traumatic stress disorder (PTSD) and a history of work as a prison guard. The resident had a history of attempting to, or threatening to hit staff. He hallucinated (reached for things that were nonexistent), had poor safety awareness and attempted to self-transfer. Resident #34's triggers included others speaking to him or about him and others approaching or touching him from the back or side and surprising him. Pertinent interventions included monitoring behavior episodes and attempting to determine the underlying cause, documenting behavior and potential causes, praising any indication of progress/improvement in behavior (initiated 4/13/22), performing frequent checks for 72 hours following any verbal or physical aggression observed or reported and providing opportunities for positive interaction and attention re-evaluation of medication management due to the resident's continued behaviors (revised 2/18/23), de-escalation by sitting with him with his back against a wall, when agitated, staff should offer him fluids and his preferred snacks (revised 3/13/23) and frequent checks and back scratches. He enjoyed being called gorgeous while having his back scratched (revised 2/26/24).
A review of Resident #34's March 2025 CPO revealed the following physician's orders:
Behavior monitoring for antipsychotic medication use every shift, ordered 12/12/24.
Monitoring effectiveness of interventions for behaviors, ordered 12/12/24.
Monitor resident every shift due to physical aggression initiated, monitor physical aggression until 2/11/25 at 11:59 p.m., ordered 2/9/25.
A change in condition progress note, dated 2/8/25, revealed Resident #34 initiated an act of physical aggression. Resident #34's vital signs were within normal limits, and he had no changes in mental or physical status. The resident's representative was notified of the incident.
An interdisciplinary team (IDT) progress note, dated 2/10/25, revealed Resident #34 had risk factors that contributed to his behavior, including a traumatic brain injury, dementia, poor situational and safety awareness. Interventions included separating the two residents, and for staff to ensure that other residents did not approach Resident #34 from behind.
C. Resident #97 (victim and assailant)
1. Resident status
Resident #97, age [AGE], was admitted on [DATE], re-admitted on [DATE] and discharged on 3/2/25. According to the March 2025 CPO, diagnoses included unspecified dementia with behavioral disturbances.
The 1/21/25 MDS assessment documented the resident had severely impaired cognition with a BIMS score of zero out of 15. He required partial or maximum assistance for transfers and used a walker for mobility. He required touching assistance or supervision with walking.
The assessment indicated the resident had daily behaviors that were not directed toward others.
2. Record review
Resident #97's behavioral care plan, revised 2/3/25, revealed the resident had a behavior problem related to his dementia, language and cultural barrier and he made nonsensical statements. He had a history of physical aggression towards females and was also possessive and overprotective of his belongings, peers and partners. The resident paced and sometimes inadvertently ran into others while walking. Pertinent interventions included providing frequent checks following any verbal or physical aggression, intervening as necessary to protect others, approaching him and speaking in a calm manner, diverting his attention, removing him from the situations to an alternate location if needed, monitoring behavior episodes and attempting to determine the underlying cause, documenting behavior and potential causes, praising any indication of progress/improvement in behavior and staff to ensure the resident was not too close to others while walking in the hallway.
A progress note, dated 2/8/25, revealed an altercation between Resident #34 and Resident #97 occurred in the hallway. Resident #97 attempted to pass by Resident #34, pushing Resident #34 aside. Resident #34 got upset and swung at Resident #97. The two residents were separated. No injuries were found. The NHA and Resident #97's legal guardian were notified.
An IDT progress note, dated 2/10/25, revealed on 2/8/25 at 12:41 p.m. there was a physical altercation between Resident #97 and another resident (Resident #34) while passing in the hallway. Resident #97 inadvertently pushed Resident #34 aside while walking past his wheelchair. Resident #34 swung at Resident #97 in response. The residents were immediately separated. No injuries were noted. The NHA was notified. Staff was to monitor for Resident #97 to have a path clear of wheelchairs while walking in the hallway.
A progress note, dated 3/11/25 at 11:59 p.m., revealed completion of 72 hours of frequent 15-minute checks for Resident #97. No problems were reported.
D. Staff interviews
LPN #2 was interviewed on 3/26/25 at 3:28 p.m. LPN #2 said she could not remember who the aggressor was in the altercation between Resident #34 and Resident #97. She said what she remembered was that Resident #97 used to pace the hall with his walker. She said he was usually calm and collected, but at times the halls got crowded with residents. She said Resident #34 did sometimes have aggressive behaviors.
CNA-Med #1 was interviewed on 3/26/25 at 3:45 p.m.CNA-Med #1 said she was not working the day of the altercation between Resident #97 and Resident #34. She said when she returned to work two days later, Resident #34 and Resident #97 were both being documented on frequently due to the altercation. She said she was told by the previous nurse that Resident #97 had been in a bad mood that day (2/8/25) and rammed his walker into the back of Resident #34's wheelchair. She said Resident #34 was easily triggered, sometimes mean, and had previously attempted to hit staff. She said staff normally walked away and let Resident #34 calm down when he was agitated, or staff who had good rapport with him would calm him down. She said she did not know if contact was made during the altercation on 2/8/25, but staff were told to keep an eye on both of the residents. She said she did not think the police were called, but families/representatives and the physician were notified.
IV. Incident of physical abuse of Resident #42 by Resident #58 on 3/10/25
A. Facility investigation
The facility's investigation was provided by the NHA on 3/25/25 at 1:00 p.m. revealed the following:
On 3/10/25 an incident occurred between Resident #58 and Resident #42. Resident #58 allegedly made contact with another resident (Resident #42). Resident #58 attempted to kick Resident #42. The incident was witnessed by staff.
Residents and staff from the unit were interviewed, statements were obtained from staff and the victim (Resident #42) was interviewed. The DON assessed Resident #42 and found no injuries. The assailant (Resident #58) was discharged to the hospital because he was unable to be redirected.
Resident #42 (victim) had a history of delusions, and verbal aggression towards peers and staff. Resident #42 had a BIMS of 15 and had not been involved in any other occurrences in the past year. Resident #58 had a BIMS of three, required assistance for ADLs, and had a history of verbal and physical aggression towards staff and residents.
Resident #58 had become physically aggressive towards other residents when they had food he wanted. When staff attempted to re-direct him, he sometimes attempted to hit staff. Resident #58 wandered into other residents' rooms.
There was a care plan for his behaviors, including a communication board, anticipating his needs, offering snacks and redirecting. Resident #58 had been involved in other occurrences of physical abuse on 11/19/24, 1/18/25, 1/20/25.
Staff stated that Resident #58 had been having more behavioral episodes recently. They were unable to identify why, except that the resident had a history of being physically aggressive towards others. There were no interactions between the victim (Resident #42) and Resident #58 leading up to the incident on 3/10/25. Care plans and documentation were reviewed. The conclusion was that there was contact made but that it did not rise to the definition of abuse.
-However, abuse occurred because Resident #58 willfully kicked Resident #42 (see witness statements below).
Changes were made to Resident #58's plan, including discharging him to the hospital with possible re-evaluation at a future date. The police, ombudsman, family/guardian, and physician were notified.
Interviews during the investigation revealed the following:
On 3/10/25, CNA-Med #1 reported that she saw Resident #58 open his bedroom door, quickly walk over to the dining room and start kicking Resident #42, who was sitting in the dining room watching television. CNA-Med #1 said she separated the residents and Resident #58 shoved her into the medication cart. Other staff intervened quickly and re-directed Resident #58 back to his bedroom to lay down. Both residents were assessed and no injuries were noted. The physician, ombudsman and the corporate support person were called. Resident #58 was transferred to the hospital non-emergently. When the emergency medical technicians (EMTs) arrived, Resident #58 had to be restrained and sedated. Resident #58 was taken to the emergency room because he had become a danger to himself and others and he could not be redirected.
Resident #42 was interviewed on 3/10/25 by the DON, immediately after the incident. Resident #42 said he was sitting in the dining room watching television when Resident #58 started kicking him. Resident #42 said he was fine and did not get hurt and just went back to watching television.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Comprehensive Care Plan
(Tag F0656)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** IV. Resident #249
A. Resident status
Resident #249, age [AGE], was admitted on [DATE]. According to the March 2025 CPO, diagnos...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** IV. Resident #249
A. Resident status
Resident #249, age [AGE], was admitted on [DATE]. According to the March 2025 CPO, diagnoses included dementia with severe agitation, insomnia and alcohol dependence with alcohol induced persisting.
The 3/4/25 MDS assessment revealed the resident had severe cognitive impairments with a BIMS score of three out of 15. The resident required supervision or touching assistance with most ADLs.
The assessment documented the resident was prescribed several high-risk medications including antidepressants, antipsychotic, and opioids.
B. Record review
Review of Resident #249's comprehensive care plan, revised 3/19/25, did not reveal any focus or interventions related to her diagnosis of insomnia.
Review of the March 2025 CPO revealed the following orders:
Trazodone 50 mg oral tablet, instructions to give one tablet by mouth at bedtime for insomnia associated with depression, ordered 3/6/25.
C. Staff interviews
LPN #2 was interviewed on 3/26/25 at 12:45 p.m. LPN # 2 confirmed Resident #249 received trazadone for insomnia. She said her sleep hours were tracked. She said due to her dementia diagnosis, she sundowned and she was up at night at times.
The MDSC was interviewed on 3/26/25 at 3:30 p.m. The MDSC reviewed the care plan for Resident #249 and confirmed there was no care plan for insomnia. She said a care plan to help with interventions for sleep should be written.
Based on record review and interviews, the facility failed to develop a comprehensive care plan for three (#1, #75 and #249) of six residents out of 36 sample residents for services to attain or maintain the resident's highest practicable physical, mental and psychosocial well-being.
Specifically, the facility failed to:
-Ensure a comprehensive care plan was developed to address Resident #1's use of supplemental oxygen and a peripherally inserted central catheter (PICC); and,
-Ensure a comprehensive care plan was developed to address Resident #75 and Resident #249's insomnia.
Findings include:
I. Facility policy and procedure
The Comprehensive Person-Centered Care Plans policy, revised March 2022, was provided by the nursing home administrator (NHA) on 3/26/25 at 6:42 p.m. The policy read in pertinent part, The care plan interventions are derived from a thorough analysis of the information gathered as part of the comprehensive assessment.
Assessments of residents are ongoing and care plans are revised as information about the residents and the residents' conditions change.
The interdisciplinary team reviews and updates the care plan when there has been a significant change in the resident's condition and at least quarterly.
II. Resident #1
A. Resident status
Resident #1, age greater than 65, was admitted on [DATE]. According to the March 2025 computerized physicians orders (CPO), diagnoses included schizoaffective disorder (mental illness), vascular dementia and cellulitis of the left lower limb.
The 2/7/25 minimum data set (MDS) assessment revealed the resident was cognitively intact with a brief interview for mental status (BIMS) score of 13 out of 15. The resident required supervision to maximum assistance for most activities of daily living (ADL).
B. Resident and resident representative interview
Resident #1 and her representatives were interviewed together on 3/23/25 at 10:33 a.m. The resident's representatives said Resident #1 had an infection in her leg which became swollen and was treated with antibiotics. The resident's representatives said the facility placed a PICC line for the antibiotics. The resident's representatives said Resident #1 usually had her nasal cannula on and that she had been treated for pneumonia the week prior.
Resident #1 said she needed supplemental oxygen all the time.
C. Record review
The end of life care plan, initiated 3/24/25 (during the survey process), revealed Resident #1 was receiving hospicare care. Pertinent interventions included providing supplemental oxygen as ordered.
-Review of the comprehensive care plan, revised 3/24/25, did not reveal any focus or other interventions related to Resident #1's use of supplemental oxygen.
-Review of the comprehensive care plan, revised 3/24/25, did not reveal any focus or interventions related to Resident #1's PICC line or maintenance of the PICC line.
Review of the March 2025 CPO revealed the following physician's orders:
Midline intravenous (IV) placement, ordered 3/7/25;
Radiographs to check for midline (PICC) placement, ordered 3/7/25;
Normal saline flush solution, with instructions to use 10 milliliters (ml) intravenously two times a day for cellulitis/pneumonia. Flush before and after medication, ordered 3/7/25;
Vancomycin IV solution 750 milligrams (mg) per 150 ml, with instructions to use 750 mg intravenously every 12 hours for cellulitis for ten days, ordered 3/6/25 and discontinued 3/13/25;
Vancomycin IV solution 500 mg per 150 ml, with instructions to use 1000 mg intravenously every 12 hours for cellulitis until 3/17/25, ordered 3/6/25;
PICC line dressing change every seven days, ordered 3/25/25 (during the survey process); and,
Oxygen 4 liters per minute (LPM) via nasal cannula. Check oxygen saturation each shift and as needed. Notify healthcare provider if saturation is less than 90%, ordered 3/23/25 (during the survey process).
A progress note, dated 3/5/25 at at 10:14 a.m., revealed Resident #1 was receiving supplemental oxygen.
A progress note, dated 3/7/25 at 10:14 a.m., revealed Resident #1 was ordered to receive an IV antibiotic and a PICC line was requested.
A progress note, dated 3/13/25 at 3:44 p.m., revealed Resident #1 was receiving continuous supplemental oxygen via nasal cannula.
D. Staff interviews
The MDS coordinator (MDSC) was interviewed on 3/26/25 at 3:30 p.m. The MDSC said she reviewed the care plan and confirmed Resident #1's care plan did not address her use of oxygen or the use of the PICC line. The MDSC said the care plan should have interventions to elevate the head of the bed, ensure they were following physician's orders and also to check oxygen saturation levels.
The MDSC said the care plan needed to include interventions for the PICC line that included keeping the line patent and monitoring for infections and directions for flushing.
III. Resident #75
A. Resident status
Resident #75, age [AGE], was admitted on [DATE]. According to the March 2025 CPO, diagnoses included dementia with anxiety, adult failure to thrive, insomnia and depression.
The 2/11/25 MDS assessment revealed the resident was cognitively intact with a BIMS score of 14 out of 15. The resident required supervision or touching assistance with most ADLs.
The assessment documented the resident took several high-risk medications including antidepressants, antianxiety, antipsychotic, anticonvulsants, and opioids.
B. Record review
Review of Resident #75's comprehensive care plan, revised 2/25/25, did not reveal any focus or interventions related to her diagnosis of insomnia or use of medications to treat her insomnia.
Review of the March 2025 CPO revealed the following orders:
Trazodone 100 mg oral tablet, instructions to give one tablet by mouth at bedtime for insomnia associated with depression, ordered 2/5/25;
Melatonin 3 mg oral tablet, instructions to give two tablets by mouth one time a day for insomnia, ordered 2/5/25 and discontinued 3/25/25 (during the survey process); and,
Melatonin 3 mg oral tablet, instructions to give one tablet by mouth at bedtime for insomnia, ordered 3/25/25.
C. Staff interviews
Licensed practical nurse (LPN) #1 was interviewed on 3/26/25 at 12:45 p.m. LPN #1 said Resident #75 received trazadone for insomnia. She said the resident complained of not being about to sleep. She said the resident's hours of sleep were tracked. She said she slept during the day and that could affect her sleeping at night. She said the care plans were updated by the MDSC.
The MDSC was interviewed on 3/26/25 at 3:30 p.m. The MDSC said each resident had a plan of care. She said the plan of care began on the admission with a baseline care plan. She said she was responsible to complete the care plan, however, the nurses and other departments were responsible to update the care plan as needed.
The MDSC reviewed the care plan for Resident #75 and confirmed there was not a care plan for insomnia. She said a care plan to help with interventions for sleep should be written.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Medication Errors
(Tag F0758)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and interviews, the facility failed to ensure three (#95, #75 and #249) of five residents out of 36 sampl...
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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 three (#95, #75 and #249) of five residents out of 36 sample residents were as free from unnecessary medications as possible.
Specifically, the facility failed to:
-Ensure consents were obtained that included the risks versus benefits for psychotropic medications for Resident #95, Resident #75 and Resident #249; and.
-Ensure Resident #95 and Resident #75 had behavior monitoring in place for the use of psychotropic medications.
Findings include:
I. Facility policy and procedure
The Psychotropic Medication Use policy, revised July 2022, was provided by the nursing home administrator (NHA) on 3/26/25 at 6:24 p.m. It revealed in pertinent part,
Drugs in the following categories are considered psychotropic medications and are subject to specific prescribing, monitoring, and review requirements: anti-psychotics, anti-depressants, anti-anxiety medications and hypnotics.
Residents, families and/or the representative are involved in the medication management process, including: indications for use, dose, duration, adequate monitoring for effectiveness and adverse consequences, and preventing, identifying and responding to adverse consequences.
Residents who have not used psychotropic medications are not prescribed or given these medications unless the medication is determined to be necessary to treat a specific condition that is diagnosed and documented in the medical record.
Use of psychotropic medications may be appropriate in specific circumstances, such as for enduring conditions and/or new admissions where the resident is already on a psychotropic medication.
Residents receiving psychotropic medications are monitored for adverse consequences and residents (and/or representatives) have the right to decline treatment with these medications. The staff and physician will review with the resident/representative the risks related to not taking the medication as well as appropriate alternatives.
II. Resident #95
A. Resident status
Resident #95, age [AGE], was admitted on [DATE]. According to the March 2025 computerized physician's orders (CPO), diagnoses included acute and chronic respiratory failure and major depressive disorder.
The 2/7/25 minimum data set (MDS) assessment revealed the resident was cognitively intact with a brief interview for mental status (BIMS) score of 15 out of 15. The resident required supervision or touching assistance with most activities of daily living (ADL).
The assessment documented the resident took several high-risk medications including antidepressants, hypnotics and anticonvulsants.
B. Resident and representative interview
Resident #95 was interviewed on 3/26/25 at 12:26 p.m. Resident #95 said her representative signed all of her documents on admission. Resident #95 said she was not sure what documents her representative signed.
Resident #95's representative was interviewed on 3/26/25 at 3:19 p.m. The representative said she did not think the facility staff reviewed any medication side effects with her. The representative said she did not remember signing any medication consent forms.
C. Record review
The antidepressant care plan, initiated 2/20/25, revealed Resident #95 was taking an antidepressant medication to treat her diagnosis of major depressive disorder. Pertinent interventions included educating Resident #95 and her representatives on the risks, benefits, and side effects of the drugs being given, giving the antidepressant medication as ordered, monitoring and documenting ongoing signs or symptoms of depression, and monitoring and documenting medication side effects.
The hypnotic care plan, initiated 2/20/25, revealed Resident #95 was taking a hypnotic medication to treat her insomnia (difficulty sleeping). Pertinent interventions included administering the medication as ordered and monitoring and documenting medication side effects.
Review of the March 2025 CPO revealed the following physician's orders:
Mirtazapine 30 milligram (mg) tablets instructions to give 30 mg by mouth at bedtime for depression, ordered 1/31/25;
Venlafaxine extended release 150 mg oral tablet, instructions to give 150 mg by mouth one time a day for depression, ordered 2/1/25;
Venlafaxine extended release 37.5 mg oral tablet, instructions to give 37.5 mg by mouth one time a day for depression, ordered 2/1/25; and,
Zaleplon 5 mg oral capsule, instructions to give 5mg by mouth at bedtime for insomnia, ordered 1/31/25 and discontinued 3/12/25.
-Review of the March 2025 CPO, as well as Resident #95's electronic medical record (EMR), did not reveal any orders for antidepressant or hypnotic medication side effect monitoring or monitoring of target behaviors for depression.
-Review of Resident #95's EMR did not reveal any psychoactive medication consent forms.
III. Resident #75
A. Resident status
Resident #75, age [AGE], was admitted on [DATE]. According to the March 2025 CPO, diagnoses included dementia with anxiety, adult failure to thrive, insomnia and depression.
The 2/11/25 MDS assessment revealed the resident was cognitively intact with a BIMS assessment score of 14 out of 15. The resident required supervision or touching assistance with most ADLs.
The assessment documented the resident took several high-risk medications including antidepressants, antianxiety, antipsychotic, anticonvulsants, and opioids.
B. Resident and representative interview
Resident #75 and her representative were interviewed together on 3/26/25 at 12:25 p.m. Resident #75 said she did not remember signing any consent forms for her anxiety medications. Resident #75 and her representative said did not remember signing any forms with any medication side effect information.
C. Record review
The antianxiety medication care plan, initiated 2/25/25, revealed Resident #75 was taking an antianxiety medication to treat her anxiety disorder. Pertinent interventions included monitoring and documenting medication side effects, and observing Resident #75's mood and response to the medication.
The antidepressant care plan, initiated 2/25/25, revealed Resident #75 was taking an antidepressant medication. Pertinent interventions included administering the medication as ordered, monitoring and documenting medication side effects and observing Resident #75's mood and response to the medication.
The antipsychotic care plan, initiated 2/25/25, revealed Resident #75 was taking an antipsychotic to treat her depression. Pertinent interventions included administering the medication as ordered, monitoring and documenting medication side effects and monitoring target behaviors.
Review of the March 2025 CPO revealed the following physician's orders:
Olanzapine 5mg oral tablet, instructions to give one tablet by mouth at bedtime for depression, ordered 2/5/25;
Trazodone 100mg oral tablet, instructions to give one tablet by mouth at bedtime for insomnia associated with depression, ordered 2/5/25;
Fluoxetine 60mg oral tablet, instructions to give 60mg by mouth one time a day for depression, ordered 2/6/25;
Melatonin 3mg oral tablet, instructions to give two tablets by mouth one time a day for insomnia, ordered 2/5/25 and discontinued 3/25/25 (during the survey process); and,
Melatonin 3mg oral tablet, instructions to give one tablet by mouth at bedtime for insomnia, ordered 3/25/25.
-Review of the March 2025 CPO, as well as Resident #75's EMR, did not reveal any orders for antidepressant or hypnotic medication side effect monitoring or monitoring of target behaviors for depression.
-Review of Resident #75's EMR did not reveal any psychoactive medication consent forms.
IV. Staff interviews
Licensed practical nure (LPN) #1 was interviewed on 3/26/25 at 10:34 a.m. LPN #1 said Resident #75 was on several sleep medications and one of them was recently discontinued. LPN #1 said Resident #75's physician had just lowered her dose of melatonin from 6 mg to 3 mg.
-However, review of Resident #75's EMR did not reveal any psychoactive consent forms pertaining to any sleep aides or changes in sleep aide doses.
LPN #1 was interviewed again on 3/26/25 at 1:13 p.m. LPN #1 said when a resident started a new psychoactive medication the nursing staff would monitor their behaviors and for any side effects for two weeks. LPN #1 said this was monitored in the treatment administration record (TAR). LPN #1 said residents needed to have a signed consent form for any psychoactive medications prior to the medication being administered. LPN #1 said Resident #95 was on a few psychoactive medications for her depression. LPN #1 reviewed Resident #95's EMR and said she did not see any antidepressant side effect or behavior monitoring in her TAR. LPN #1 said she did not see any orders for antidepressant side effect or behavior monitoring in Resident #95's EMR.
LPN #5 was interviewed on 3/26/25 at 2:46 p.m. LPN #5 said when a resident was prescribed psychotropic medications the staff monitored the resident's behavior and for any side effects. LPN #5 said this was usually documented in the resident's TAR, and a physician's order was obtained for side effects and behavior monitoring was usually in the CPO. LPN #5 said behavior and side effect monitoring were performed for psychotropic medications as the nursing staff and physicians wanted to ensure the medications were working appropriately, ensure the resident's symptoms are not worsening, and ensure the medication is not causing any side effects. LPN #5 said behavior and side effect monitoring was performed so the practitioner could adjust the medication dose as needed or stop the medication altogether.
LPN #2 was interviewed on 3/26/25 at 3:30 p.m. LPN #2 said when she received an order for a new psychotropic medication or a change in dosage she confirmed the order before documenting it on a list at the nurse's station. LPN #2 said the list was used to notify the nurse on the next shift to monitor the resident for adverse reactions and behavior monitoring and document it in their EMR. LPN #2 said she had never obtained consent for a new medication or a change in medications.
The director of nursing (DON) was interviewed on 3/26/25 on 3:35 p.m. The DON said the facility nurses did not obtain the consent forms when a resident had orders for a new psychoactive or change in a psychoactive medication/dosage. The DON said the unit managers and nursing leadership, including himself, obtained consent either from the resident or the resident representative before the initiation of the medication. The DON said the psychoactive medication consent was a form that is filled out on the EMR. The DON said if the consent form was not in the EMR it was not obtained.
The DON was interviewed again on 3/26/25 at 4:40 p.m. The DON said behavior and side effect monitoring were initiated on admission or within 24 hours of starting a psychoactive medication. The DON said target behavior monitoring was used to see if the treatment was effective and to find the lowest effective dose of medication interventions. The DON reviewed Resident #95's orders and said she was not able to find any orders for behavior or side effect monitoring.IV. Resident #249
A. Resident status
Resident #249, age [AGE], was admitted on [DATE]. According to the March 2025 CPO, diagnoses included severe unspecified dementia with agitation and Wernicke's encephalopathy (severe neurological disorder caused by thiamine deficiency).
The baseline care plan, initiated 2/28/25, revealed the resident was cognitively impaired due to a diagnosis of dementia. It documented she had a history of falls, was taking psychoactive medications and needed assistance with ADLs.
B. Record review
The psychoactive drug care plan, initiated on 3/19/25, documented the resident required an antipsychotic medication related to dementia with behaviors (delusions and inappropriate behaviors in public). Interventions included administering antipsychotic medications as ordered, attempting gradual dose reductions as indicated/ordered or if condition improved, utilizing non-pharmacological approaches prior to medication administration, such as providing a quiet and dark environment, assessing pain/discomfort, providing back rubs, offering warm beverages, encouraging out of room activity, providing activity materials of choice, going outdoors, encouraging family/friend visitation and encouraging her to verbalize feelings. Observe for and document the effectiveness of treatment, and report signs of medication side effects (including insomnia) or adverse reactions.
The anti-depressant care plan, initiated on 3/19/25, documented the resident was prescribed an antidepressant medication related to anxiety and post-traumatic stress disorder (PTSD). Pertinent interventions included administering anti-depressant medications as ordered, monitoring/documenting side effects and effectiveness, educating family/caregivers about risks, benefits, side effects and/or toxic symptoms of the anti-depressant medications, and monitoring/documenting/reporting to the physician any ongoing signs and symptoms of depression unchanged by medication use.
Review of the March 2025 CPO revealed the following physician's orders:
Trazadone hydrochloride (hcl) oral tablet 50 mg, give one tablet by mouth at bedtime for insomnia, may use half of a 100 mg tablet, ordered 3/6/25; and,
Zyprexa oral tablet 10 mg (Olanzapine), give 0.5 tablet by mouth in the afternoon for dementia with agitation for four days and give one tablet by mouth in the afternoon for dementia with agitation, ordered 3/20/25.
-Review of Resident #249's EMR did not reveal documentation indicating consent forms were obtained prior to the administration of the trazadone and Zyprexa.
C. Staff interviews
LPN #2 was interviewed on 3/26/25 at 3:30 p.m. She said when she received a physician's order for a new psychotropic medication or a change in dosage, she confirmed the order. She said she notified the oncoming nurse to monitor and document adverse reactions and behaviors. She said she had never obtained consent for a new medication or a change in medications.
The DON was interviewed on 3/26/25 on 3:35 p.m. He said when a resident was prescribed a new psychoactive drug or a change in a psychoactive medication/dosage, the nurses did not obtain consent. He said the unit managers and nursing leadership, including himself, obtained consent either from the resident or the resident's representative before the initiation of the change. He said the consent was a form that was filled out in their EMR system for informed consent for psychoactive medication. He said if it was not there, it was not done.
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 F0805
(Tag F0805)
Could have caused harm · This affected multiple residents
Based on observations, record review and interviews, the facility failed to ensure residents received food and fluids prepared in a form designed to meet his or her needs.
Specifically, the facility f...
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Based on observations, record review and interviews, the facility failed to ensure residents received food and fluids prepared in a form designed to meet his or her needs.
Specifically, the facility failed to ensure residents who were prescribed mechanically altered diets had food prepared according to their diet orders of puree and mechanical soft as indicated on their meal tray cards.
Findings include:
I. Facility policy and procedure
The Therapeutic Diets policy, undated, was provided by the nursing home administrator (NHA) on 3/26/25 at 11:32 a.m. It read in pertinent part, Diet orders should match the terminology used by the food and nutrition services department. A therapeutic diet is considered a diet ordered by a physician, practitioner, or dietitian as part of treatment for disease or clinical condition, to modify specific nutrients in the diet, or to alter the texture of a diet, for example: altered consistency diet. If a mechanically altered diet is ordered, the provider will specify the texture modification. The dietitian, nursing staff and attending physician will regularly review the need for, and resident acceptance of, prescribed therapeutic diets.
II. Record review
The menu extensions and modifications for modified texture diets were provided by the dietary director (DD) on 3/26/25 at 5:00 p.m.
The menu extensions documented the following modifications for the mechanically altered food items served during lunch meal service on 3/25/25:
-The regular diet included beef tostadas, shredded lettuce and tomato, ground green chili stew and fruit crisp.
-The mechanically altered diet included puree beef tostadas, no lettuce and tomato, ground green chili stew and sliced peaches.
-However, the modified texture diet menu extensions did not specifically state a mechanical soft altered diet as listed on the resident's meal tickets, but listed a mech altered diet. The extensions also included IDDSI mince and moist level five and soft and bite size level six which the facility had not yet transitioned to use (see the interviews below).
III. Meal service observation and test tray
During a continuous observation on 3/25/25, beginning at 11:10 a.m. and ending at 12:37 p.m., the following was observed during the meal preparation and service in the main kitchen:
The posted menu was beef tostada with shredded lettuce and tomato and fruit crisp.
At 11:21 a.m. a resident's lunch plate was assembled by cook (CK) #1 with a crisp, fried tostada shell topped with ground beef and a fruit crisp was placed on the tray by dietary aide (DA) #1. The meal ticket on the tray documented a mechanical soft-ground texture and the tray was placed in a cart for delivery.
-However, according to the meal extensions, the resident should have received a pureed beef tostada. (see meal extensions above)
All 11:22 a.m. a residents meal tray was assembled by CK #1. DA #1 placed a fruit crisp on the tray. The meal ticket on the tray documented a mechanical soft-ground texture and the tray was placed in a cart for delivery.
-However, according to the meal extensions, the resident should have received peach slices, not fruit crisp (see meal extensions above).
At 11:33 a.m. a resident's lunch plate was assembled by CK #1 with a crisp, fried tostada shell topped with ground beef. The meal ticket on the tray documented a mechanical soft-ground texture.
-However, according to the meal extensions, the resident should have received a pureed beef tostada. (see meal extensions above)
At 12:00 p.m. a puree plate was prepared and served to a resident. The plate consisted of puree meat, mashed potatoes and a puree green vegetable. The resident's meal ticket documented a puree diet texture.
-The puree vegetable served to the resident included peas which should not have been pureed (see interview below).
At 12:16 p.m. the DD said to CK #1 that the fried tostada shells were a choking hazard.
At 12:20 p.m. the DD removed the puree meat from the steam table and placed the puree meat in a food processor to blend the food. The DD said he wanted to make sure the food was the right consistency. The puree meat was placed back in the steam table for meal service.
At 12:00 p.m. a puree plate was prepared and served to a resident. The plate consisted of puree meat, mashed potatoes and a puree green vegetable.
-The puree vegetable served to the resident included peas which should not have been pureed (see interview below).
At 12:31 p.m. The DD said to CK #1 that for a mechanical soft diet texture the tortilla should always be bite size and soft while he cut a soft flour tortilla and placed the pieces on a plate. The DD said he had not reviewed the modified texture diet menu extensions.
-However, according to the meal extensions, the resident should have received a pureed beef tostada and not a cut-up soft flour tortilla. (see meal extensions above)
At 12:35 p.m. a puree test tray was provided. The puree texture test tray consisted of puree beef, mashed potatoes, pureed peas and carrots and chocolate pudding for dessert.
-The puree vegetable served to the resident included peas which should not have been pureed (see interview below).
-The peas and carrots provided on the test tray had visible pieces of carrots and peas in the puree peas and were not smooth. The puree meat had small visible lumps.
IV. Staff interviews
CK #1 and the DD were interviewed together on 3/25/25 at approximately 12:30 p.m. (during meal service). CK #1 said the facility had a book of modified texture diet menu extensions in the kitchen.
The DD said the facility had modified texture diet menu extensions but he needed to check with the registered dietitian (RD) to see if the modified texture diet menu extensions were correct.
The DD and the NHA were interviewed together on 3/26/25 at 12:00 p.m.
The DD said the facility was transitioning to IDDSI and was in the process of training the staff to the proper standards on IDDSI. The DD said the residents prescribed a puree diet had received puree peas and carrots for lunch on 3/25/25. The DD said the staff should not have pureed the peas and he noticed the puree peas after the meals had been sent to residents. The DD said a food with a hull, such as peas, should not be pureed. The DD said the facility would transition to minced and moist level five and soft and bite size level six diet textures (of IDDSI diets) to replace the mechanical soft diet texture the facility used. The DD said he was notified during lunch by facility staff the modified diet textures were incorrect, but it was too late to do anything about it. The DD said if modified textures were served incorrectly the residents were at risk for choking.
The NHA said all staff were trained during their initial onboarding on how to recognize modified textures.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0847
(Tag F0847)
Could have caused harm · This affected multiple residents
Based on record review and interviews, the facility failed to ensure the facility's binding arbitration agreement was thoroughly and accurately explained to the residents and or resident representativ...
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Based on record review and interviews, the facility failed to ensure the facility's binding arbitration agreement was thoroughly and accurately explained to the residents and or resident representatives before signing the agreement for three (#54, #85 and #96) of four residents out of 36 sample residents.
Specifically, the facility failed to:
-Thoroughly explain the binding arbitration agreement in a form and in a manner to ensure Resident #54, Resident #85 and Resident #96 and/or their representatives understood the agreement before signing the arbitration agreement; and,
-Ensure the facility staff provided evidence Resident #54, Resident #85 and Resident #96 and/or their representatives acknowledged understanding of the components of the agreement.
Findings include:
I. Facility policy and procedure
The Binding Arbitration Agreement policy, November 2023, was provided by the nursing home administrator (NHA) on 3/26/25 at 6:24 p.m. The policy read in pertinent part, Residents (or representatives) are informed of the nature and implications of any proposed binding arbitration agreements so as to make informed decisions on whether to enter into such agreements. Residents (or their representatives) have the right to make informed decisions about the important aspects of their health, welfare and safety.
The terms and conditions of a binding arbitration agreement are explained to the resident (or representative) in a way that ensures his or her understanding of the agreement, including that the resident may be giving up his or her right to have a dispute decided in a court proceeding. The terms and conditions of a binding arbitration agreement are explained to the resident (or representative) in a form and manager that he or she understands, taking into consideration the resident's (or representative's) language, literacy and stated preference for learning.
After the terms and conditions of the agreement are explained, the resident or representative must acknowledge that he or she understands the agreement before being asked to sign the document. A signature alone is not sufficient acknowledgement of understanding. The resident (or representative) must verbally acknowledge understanding, and the verbal acknowledgement documented by the staff member who explains the agreement.
II. Resident interviews
Resident #54 and Resident #85 were interviewed during a group interview on 3/25/25 at 10:30 a.m. Resident #54 and Resident #85 said they did not know what an arbitration agreement was and did not remember signing an arbitration agreement.
Resident #96 was interviewed on 3/25/25 at 3:00 p.m. Resident #96 said she did not remember signing an arbitration agreement when she signed her paperwork upon admission. Resident #96 said she did not know what an arbitration agreement was and that she had no difficulties or disputes with the facility.
IV. Record review
The NHA provided a list of residents who signed arbitration agreements on 3/23/25 at 10:55 a.m.
-The list documented Resident #54 and Resident #85 signed an arbitration agreement. However, the list of residents was created in June 2024 and not updated to include residents that had admitted since.
The admissions coordinator (AC) provided an additional list of residents who signed arbitration agreements on 3/25/25 at approximately 2:00 p.m. Resident #96 signed the arbitration agreement on 2/13/25
IV. Staff interviews
The AC and the business office manager (BOM) were interviewed together on 3/26/25 at 12:20 p.m. The AC said she reviewed and read aloud to the resident or the responsible party that signed the admission paperwork and the
arbitration agreement.
-However, the facility failed to provide documentation of acknowledgement by the residents or their representatives that they understood the arbitration agreement.
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** II. Failure to identify and follow EBP
A. Professional reference
The Centers for Disease Control and Prevention (CDC) Implementa...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** II. Failure to identify and follow EBP
A. Professional reference
The Centers for Disease Control and Prevention (CDC) Implementation of Personal Protective Equipment (PPE) Use in Nursing Homes to Prevent Spread of Multidrug-resistant Organisms (MDROs) (4/2/24), was retrieved on 4/2/25 from https://www.cdc.gov/long-term-care-facilities/hcp/prevent-mdro/PPE.html. It read in pertinent part,
Enhanced Barrier Precautions (EBP) are an infection control intervention designed to reduce transmission of resistant organisms that employs targeted gown and glove use during high contact resident care activities.
EBP may be indicated (when contact precautions do not otherwise apply) for residents with wounds or indwelling medical devices, regardless of MDRO colonization status.
B. Observations
On 3/24/25 at 9:22 a.m. restorative aide (RA) #1 was sitting on Resident #1's bed while Resident #1 was doing a physical therapy exercise in her chair. Resident #1 had a peripherally-inserted central catheter (PICC) line hanging from her right arm. RA #1 removed a gait belt from around her waist and put the gait belt around Resident #1. RA #1 grabbed the gait belt and assisted Resident #1 to a standing position from her recliner so the resident was standing in front of her walker. RA #1 grabbed Resident #1's arm at her PICC site to support the resident as she walked. RA #1 quickly let go of the resident's arm but continued holding onto the gait belt around the resident's waist.
-RA #1 failed to wear a gown or gloves when she was working with Resident #1.
-Additionally, there was no PPE observed in Resident #1's room or outside the resident's room for staff to put on when providing high contact care with the resident.
C. Staff interviews
Certified nurse aide (CNA) #2 was interviewed on 3/26/25 at 10:13 a.m. CNA #2 said residents that needed EBP had a bag containing PPE on their door and a sign indicating what precautions they were on. CNA #2 said nursing staff needed to wear a gown and gloves when entering the room of any residents on EBP. CNA #2 said residents were on EBP when they had a urinary catheter or needed tube feeding. CNA #2 said she was not sure if Resident #1 needed EBP, but she said no one told her about the resident needing any precautions.
Licensed practical nurse (LPN) #1 was interviewed on 3/26/25 at 10:34 a.m. LPN #1 said EBP were used for residents with urinary catheters, tube feedings and PICC lines. LPN #1 said nursing staff needed to wear a mask, gown and gloves when working with residents who needed EBP.
RA #1 was interviewed on 3/26/25 at 2:36 p.m. RA #1 said she needed to wear a gown and gloves when working with residents on EBP and disinfect her hands between working with each resident. RA #1 was not sure what the reasons were which caused a resident to require EBP.
The infection preventionist (IP) was interviewed on 3/26/25 at 5:53 p.m. The IP said that EBP should be used with any resident that had an indwelling device, such as a PICC line, gastrostomy tube or urinary catheter. She said EBP should additionally be used for residents with wounds or multi-drug resistant organisms (MDROs) in their urine. She said every shift the nurse was required to document that EBP was in place for their residents who were on EBP. The IP said she put in the initial physician's order for EBP for residents, which consisted of wearing a gown and gloves any time staff performed direct care with a resident, such as when they changed dressings, performed incontinence care or bathed a resident. She said EBP was to prevent transmission of infectious organisms. The IP said she did not think that Resident #1 had a PICC line anymore.
The director of nursing (DON) was interviewed on 3/26/25 at 7:11 p.m. The DON said Resident #1 had EBP in place when the facility was accessing her PICC line to administer antibiotics, but she said the resident had not had EBP in place since the resident completed her antibiotics and the staff were no longer administering medications through the PICC line. The DON said Resident #1 still needed EBP during dressing changes for the PICC line.
Based on observations, interviews and record review, 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 on three of three units.
Specifically, the facility failed to:
-Ensure housekeeping staff followed appropriate hand hygiene processes when cleaning resident rooms;
-Ensure high touch surfaces in residents' rooms were cleaned;
-Ensure housekeeping staff followed proper cleaning techniques when cleaning residents' bathrooms; and,
-Ensure enhanced barrier precautions (EBP) were followed for Resident #1, who had a peripherally inserted central catheter (PICC).
Findings include:
I. Housekeeping failures
A. Professional references
According to the Centers for Disease Control and Prevention (CDC), CDC Clinical Safety, Hand Hygiene for Healthcare Worker (2/17/24), retrieved on 4/1/25 from https://www.cdc.gov/clean-hands/hcp/clinical-safety,
Know when to clean your hands: immediately before touching a patient, before performing an aseptic task such as placing an indwelling device 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 patient's surroundings, after contact with blood, body fluids or contaminated surfaces and immediately after glove removal.
According to Assadian O, Harbarth S, Vos M, et al. Practical Recommendations for Routine Cleaning and Disinfection Procedures in Healthcare Institutions: A Narrative Review. The Journal of Hospital Infection, (July 2021) 113:104-114, retrieved on 3/21/25 from
https://www.journalofhospitalinfection.com/article/S0195-6701(21)00105-5/fulltext,
High-touch surfaces are usually close to the patient, are frequently touched by the patient or nursing staff, come into contact with the skin and, due to increased contact, pose a particularly high risk of transmitting pathogens (virus or microorganism that can cause disease).
Contaminated surfaces, particularly those that are touched frequently, act as reservoirs for pathogens and contribute towards pathogen transmission. Therefore, healthcare hygiene requires a comprehensive approach. This approach includes hand hygiene in conjunction with environmental cleaning and disinfection of surfaces and clinical equipment.
B. Observations
During a continuous observation on 3/26/25, beginning at 9:40 a.m. and ending at 10:27 a.m., the following was observed:
The housekeeper (HK) sanitized her hands and donned (put on) gloves. The HK took her keys out of her pocket and opened the top of the supply cart. She grabbed a spray bottle of sanitizer and entered the bathroom in room [ROOM NUMBER], a double-occupancy room. She sprayed the surfaces of the toilet and sink.
-The HK contaminated her clean gloves by touching her keys.
-The HK failed to lift up the toilet seat and spray the rim of the toilet bowl with sanitizer.
The HK cleaned the surfaces of the furniture on side B of the bedroom, changing gloves before each new cloth was used. She swept side B, changed gloves, then swept side A. She mopped half of side A, changed gloves, and cleaned the surfaces and handles of the dresser, bedside table and the door handles. She entered the bathroom and wiped down the vanity and fixtures with a clean towel.
-The HK failed to sanitize her hands in between glove changes.
At 9:58 a.m. the HK took a bucket with a scrub brush from underneath the supply cart. She poured sanitizer into the toilet bowl and flushed it. She scrubbed the inside of the toilet bowl with the brush. She then used the brush to scrub the top and outsides of the toilet bowl and finished by scrubbing the inside of the toilet again.
-The HK failed to use proper cleaning technique by cleaning from a dirty area to a clean area and back to a dirty area.
After cleaning the toilet, the HK put the scrub brush back into the bucket and returned it to the cart. She donned new gloves and mopped the bathroom floor. She changed gloves again and mopped the rest of side A, turned off the bedroom lights and exited the room.
-The HK failed to sanitize her hands in between glove changes.
-The HK failed to clean and sanitize the high touch areas in room [ROOM NUMBER], including door knobs, light switches and call lights.
At 10:08 a.m., the HK entered the bathroom of the adjacent room, room [ROOM NUMBER]. She followed the same procedure, spraying the surfaces in the bathroom, then cleaning side B and side A separately, changing gloves in between each step. At 10:21 a.m, she took the same bucket and scrub brush from underneath the supply cart. She poured sanitizer into the toilet bowl and flushed it, using the same technique to clean the toilet. She scrubbed the inside of the toilet bowl with the brush. She then used the brush to scrub the top and outsides of the toilet bowl and finished by scrubbing the inside of the toilet bowl again. After cleaning the toilet, she put the scrub brush back into the bucket and returned it to the cart.
-The HK failed to sanitize her hands in between glove changes.
-The HK again failed to use proper cleaning technique by cleaning from a dirty area to a clean area and back to a dirty area.
-The HK failed to clean and sanitize the high touch areas in room [ROOM NUMBER], including door knobs, light switches and call lights, and used the same scrub brush for multiple residents' toilets.
C. Staff interviews
The HK was interviewed in Spanish on 3/26/25 at 10:27 a.m. The HK said she used the same toilet scrub brush for all the rooms in the hallway.
The housekeeping supervisor (HKS) was interviewed on 3/26/25 at 12:46 p.m. The HKS said she started her position a month ago and she had scheduled a meeting for the following day (3/27/25) to discuss policies, procedures and expectations. She said she told staff that when they were in doubt, they should change them out (their gloves). The HKS said every time gloves were taken off, the hands should be sanitized.
The HKS said high touch surfaces should be cleaned daily as part of the regular cleaning procedures. She said toilet scrub brushes were only used for the inner toilet bowl and cleaning cloths should be used on the outside of the toilet bowl. She said currently, there was only one toilet scrub brush per unit. The HKS said she wanted each room to have their own separate toilet brush/plunger combination.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Safe Environment
(Tag F0921)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations and interviews, the facility failed to provide a safe, functional, sanitary and comfortable environment fo...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations and interviews, the facility failed to provide a safe, functional, sanitary and comfortable environment for residents, staff and the public.
Specifically, the facility failed to ensure resident rooms, bathrooms, dining room furniture and hallways received necessary maintenance repairs.
Findings include:
I. Facility policy and procedure
The Safe and Homelike Environment policy, undated, was provided by the nursing home administrator (NHA) on 3/25/25 at 1:53 p.m. The policy read in pertinent part, The facility will provide a safe, clean, and comfortable homelike environment. This ensures that the resident can receive care and services safely and that the physical layout maximizes resident independence and does not pose a safety risk. Environment refers to any location in the facility that is frequented by residents. A homelike environment is one that de-emphasizes the institutional character of the setting. Housekeeping and maintenance services will be provided as necessary to maintain a sanitary, orderly, and comfortable living environment. Furniture in disrepair will be reported to maintenance promptly.
II. Aspen common/dining area
On 3/23/25 at 9:15 a.m. the following observations were made of the Aspen common area:
-Nine dining room chairs had seat cushions that were ripped and peeling; and,
-Four of the six dining room tables had scratched and peeling surfaces and the underlying particle board was exposed.
III. Ceiling and door frame in the Mountain View hallway
On 3/23/25 at 9:30 a.m. the following observations were made in the Mountain View hallway:
-There was rotted wood along the bottom of the double doorway frame in the hallway; and,
-The ceiling near the exit sign above the double doorway had water spots and was bowing downward.
IV. Resident rooms and bathrooms
A. Observations
On 3/24/25 at 9:46 a.m. room [ROOM NUMBER] was observed. One of the residents who resided in the room was lying in bed. There were four raised and rough patches on the wall next to his bed, approximately three inches in diameter. There was a pink spot on the wall approximately 18 inches long and three inches high next to a vertical wall light approximately the same size. There were two round quarter inch holes in the wall and multiple scuff marks. There was a health shake container on the floor and two wet wipes next to a small trash can on the floor under a tray table.
On 3/24/25 at 9:55 a.m. room [ROOM NUMBER] was observed. The walls on the opposite side of one of the residents' beds had multiple lines where a light brown liquid had spilled down and dried on the walls. There were seven spots of a yellow chunky substance splattered on the corner of the wall directly adjacent to the dried spill.
On 3/24/25 at 2:37 p.m. room [ROOM NUMBER] was observed. There was a hole in the wall approximately four inches long by one inch tall, surrounded by peeling paint and broken plaster.
On 3/25/25 at 5:36 p.m. room [ROOM NUMBER]'s bathroom was observed. There was hard water staining covering several square inches of the floor to the left of and behind the toilet. The baseboard was separating from the wall and had approximately a one centimeter gap between the baseboard and the wall. The area where the water inlet for the toilet met the wall had several inches of corrosion and hard water buildup, and the wall showed signs of water damage where several inches of paint were peeling away from the wall.
On 3/25/25 at 5:42 p.m. room [ROOM NUMBER]'s bathroom was observed. There was a towel folded up and placed over a section of the floor to the left of the toilet. The flooring around the towel had areas of hard water buildup and several gnats were flying in the area of the towel.
On 3/25/25 at 5:52 p.m. the maintenance director (MTD) lifted the towel on the floor in room [ROOM NUMBER]'s bathroom to examine the flooring underneath. Approximately 15 to 20 gnats flew out from between the floor and the towel.
On 3/26/25 at 8:57 a.m. room [ROOM NUMBER] was observed. The room had no curtains on the windows. There were three large brown stains on the tile floor near bed A. The heating vent along the far wall was broken with brown stains and portions of the metal covering were falling off.
On 3/26/25 at 10:10 a.m., the lid to the toilet tank in room [ROOM NUMBER] was observed. The toilet tank lid did not fit and was the wrong shape for the tank. It was half-off, leaving an opening into the tank. The wall next to the toilet had an area approximately three feet long with peeling paint and cracks. The wall under the sink had a large horizontal crack extending from the toilet tank to the plumbing. There were large yellow/brown water stains on the wall under the sink. Yellow caulking lined the top of the white vanity and wall, partially covering cracks in the paint.
B. Resident interviews
One of the residents who resided in room [ROOM NUMBER] was interviewed on 3/24/25 at 9:46 a.m. The resident said he was unable to see his trash basket and so he dropped his trash on the floor.
The resident who resided in room [ROOM NUMBER] was interviewed on 3/24/25 at 9:55 a.m. The resident said he was unable to see the wall in his room that had drips on it. He said he had asked for a dead [NAME] moth to be removed from the overhead light in his room and it never happened.
One of the residents who resided in room [ROOM NUMBER] was interviewed on 3/26/25 at 9:00 a.m. The resident said she used to have curtains on her windows, but she said the facility had taken them off a while ago and never replaced them. She said the room was always cold and the curtains might have helped keep it warmer. She said the heat vent looked like it was broken and unused, but she said it worked.
V. Staff interviews
The NHA was interviewed on 3/25/25 at approximately 3:40 p.m. The NHA said housekeeping could clean spills on the walls as well as other staff, such as a certified nurse aide (CNA), if they were in a resident's room. The NHA said he was not aware of the maintenance concerns items and holes in the walls in rooms #46, #47 and #54.
The MTD was interviewed on 3/25/25 at 5:52 p.m. The MTD said he had not been made aware of any issues with the bathroom in room [ROOM NUMBER]. The MTD said he had not gone into the room since he started at the facility, as he had not received any work orders for that room or otherwise been invited into the room by the residents.
The MTD said there was not any standing water under the towel in room [ROOM NUMBER] but there was a definite issue with the toilet leaking.
The MTD was interviewed again on 3/26/25 at 1:29 p.m. The MTD said there was no standing water near the toilet in room [ROOM NUMBER] but that the area had significant staining. The MTD said room [ROOM NUMBER]'s bathroom was being decontaminated by the housekeeping staff.
The MTD was interviewed a third time on 3/26/25 at 5:00 p.m. The MTD said he knew about all of the maintenance repair issues in room [ROOM NUMBER], room [ROOM NUMBER], in the Mountain View hallway and the furniture in the Aspen unit dining room. He said the building was old and every time he started to fix one issue, another major and more important issue arose.
CONCERN
(F)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Food Safety
(Tag F0812)
Could have caused harm · This affected most or all residents
Based on observations, record review and interviews, the facility failed to store, prepare, distribute, and serve food in a sanitary manner in the main kitchen and in three of three unit nourishment r...
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Based on observations, record review and interviews, the facility failed to store, prepare, distribute, and serve food in a sanitary manner in the main kitchen and in three of three unit nourishment refrigerators.
Specifically the facility failed to:
-Ensured the nourishment room refrigerators were maintained at a safe temperature;
-Ensure health shakes were labeled in the unit nourishment refrigerators; and,
-Ensure the floor, walls and ice machine in the main kitchen were maintained in a clean and sanitary condition.
Findings include:
I. Ensure safe cold food holding temperatures were maintained and health shakes were labeled in the nourishment refrigerators
A. Professional reference
The Colorado Retail Food Establishment Rules and Regulations, (3/16/24), retrieved on 4/2/25, read in pertinent part, Except during preparation, cooking, or cooling, or when time is used as the public health control time/temperature control for safety food shall be maintained at 135 degrees fahrenheit (F) or above at 41 F or less. (3-501.16)
B. Observations
On 3/23/25 at 10:30 a.m. the following was observed in a south unit nourishment refrigerator and freezer:
-Six health shake cartons; the directions printed on the side of the carton read to use the thawed product within 14 days. There was no pull date or written expiration date on the thawed health shakes;
-There was brown liquid splattered on the sides and spilled on the bottom of the freezer and inside the door shelf; and,
-A box of turkey pot pie was in the freezer with an expiration date of 12/21/23 with a name written on the box.
On 3/23/25 at 2:25 p.m. the following was observed in the south unit nourishment refrigerator:
-There was brown liquid splattered on the sides and spilled on the bottom of the freezer and inside the door shelf;
-A box of turkey pot pie in the freezer with an expiration date of 12/21/23; and,
-Nine health shake cartons; the directions printed on the side of the carton read to use the thawed product within 14 days. There was no pull date or written expiration date on the thawed health shakes.
The March 2025 (3/1/25 to 3/25/25) temperature log for the south unit nourishment refrigerator was reviewed. The temperatures were recorded as follows:
-On 3/11/25 the temperature was 42 F.
-On 3/12/25 the temperature was 46 F.
-On 3/15/25 the temperature was 42 F.
-On 3/17/25 the temperature was 45 F.
-On 3/18/25 the temperature was 48 F.
-On 3/19/25 the temperature was 45 F.
-On 3/21/25 the temperature was 43 F.
-The recorded refrigerator temperatures were above the acceptable cold holding temperature of 41 F and there was no evidence to indicate the temperature was corrected (see professional reference above).
An unidentified certified nurse aide (CNA) looked at the frozen turkey pot pie with the expiration date of 12/21/23 and said the resident whose name was written on the box was no longer at the facility and placed the expired product back in the freezer.
On 3/25/25 at 2:40 p.m. the following was observed in the men's secured unit nourishment refrigerator:
-Three health shake cartons; the directions printed on the side of the carton read to use the thawed product within 14 days. There was no pull date or written expiration date on the thawed healthsakes.
On 3/25/25 at 2:45 p.m. the following was observed in the Aspen unit nourishment refrigerator :
-Seven health shake cartons; the directions printed on the side of the carton read to use the thawed product within 14 days. There was no pull date or written expiration date on the thawed healthsakes.
The March 2025 (3/1/25 to 3/25/25) temperature log for the aspen unit nourishment refrigerator was reviewed. The temperatures were recorded as follows:
-On 3/11/25 the temperature was 42F.
-On 3/14/25 the temperature was 42 F.
-On 3/15/25 the temperature was 42 F.
-On 3/17/25 the temperature was 48 F.
-On 3/18/25 the temperature was 46 F.
-The recorded refrigerator temperatures were above the acceptable cold holding temperature of 41 F and there was no evidence to indicate the temperature was corrected (see professional reference above).
C. Staff interviews
The director of nursing (DON) was interviewed on 3/25/25 at approximately 3:25 p.m. The DON said the dietary staff managed the unit nourishment refrigerators.
CNA #2 was interviewed on 3/25/25 at approximately 2:30 p.m. CNA #2 said the overnight nursing staff checked the nourishment refrigerator temperatures and removed expired products.
Certified nurse aide with medication aide (CNA-Med) #1 said the night shift usually checked the nourishment refrigerator temperatures and she said she would check the temperatures of the nourishment refrigerators again for accuracy.
The dietary director (DD) and the nursing home administrator (NHA) were interviewed together on 3/26/25 at 12:00 p.m. The NHA said the dietary department was responsible for recording the nourishment refrigerators temperatures and checking for expired products. The NHA said the nourishment refrigerator in the south unit was running a high temperature (out of range) because the thermometer was in the door but they moved the thermometer back inside the refrigerator. She said when they moved the thermometer the temperature was reading within normal limits.
The DD said that unit refrigerator temperatures and maintenance of the product would be corrected. The DD said since the refrigerator temperatures were running high, the staff should take the temperature of the food in the refrigerator to ensure it was a safe temperature, and if the food was not a safe temperature after 30 minutes the food would be discarded. The DD said he was going to go through the product in the unit refrigerators and clean them out.
The NHA said he was not sure if the facility provided education to the CNAs on refrigerator temperature maintenance so they would notice if the temperature was out of range during their use of the refrigerators.
II. Maintain a clean and sanitary kitchen environment
A. Professional reference
The Colorado Retail Food Establishment Rules and Regulations, (3/16/24), retrieved 4/2/25 read in pertinent part, Materials for indoor floor, wall, and ceiling surfaces under conditions of normal use shall be: smooth, durable, and easily cleanable for areas where food establishment operations are conducted; and nonabsorbent for areas subject to moisture such as food preparation areas, walk-in refrigerators, warewashing areas, and areas subject to flushing or spray cleaning methods. (6-101.11)
B. Facility policy and procedure
The Sanitization policy, revised November 2022, was provided by the NHA on 3/26/25 at 11:32 a.m. It read in pertinent part, All kitchens, kitchen areas and dining areas are kept clean, free from garbage and debris and protected from rodents and insects. All equipment, food contact surfaces and utensils are cleaned and sanitized using heat or chemical sanitizing solutions. Ice machines and ice storage containers are drained,cleaned and sanitized per manufactures instructions.
C. Observations
The initial kitchen tour was conducted on 3/23/25 at 9:10 a.m. The following was observed:
-Approximately ten missing coving tiles (a curved tile that transitions the floor to the wall) behind the ice machine extending under the clean side of the dish machine table. The pipe extending from the back of the ice machine was dripping onto the floor instead of the drain and created standing water that pooled into the grout between the existing floor tiles. Four coving tiles were damaged and separated from the wall. The wall behind the ice machine was bowed out into the kitchen;
-The aluminum filter on the back of the ice machine was caked with brown debris; and,
-A large section extending approximately ten feet long and a foot wide revealed an exposed, uneven and rough concrete floor that was missing kitchen floor tiles.
A kitchen walk through was conducted in the main kitchen on 3/25/25 from 11:10 a.m. through 1:30 p.m. The following was observed:
-Approximately ten missing coving tiles behind the ice machine and extending under the clean side of the dish machine table (a curved tile that transitions the floor to the wall) were missing. The pipe extending from the back of the ice machine was dripping onto the floor instead of the drain and created standing water that pooled into the grout between the existing floor tiles. Four coving tiles behind the ice machine were damaged and separated from the wall.
The wall behind the ice machine was bowed out into the kitchen;
-The aluminum filter on the back of the ice machine was caked with brown debris; and,
-A large section extending approximately ten feet long and a foot wide revealed an exposed, uneven and rough concrete floor that was missing kitchen floor tiles.
D. Staff interviews
The NHA was interviewed on 3/25/25 at approximately 3:30 p.m. The NHA said he was not aware that the filter on the back of the ice machine had not been cleaned and had not seen the tiles behind the dish machine. He said he was not aware the ice machine was dripping onto the floor. The NHA said the kitchen floor was missing tiles because a broken pipe had been repaired and the facility would repair the floor in house.
The DON was interviewed on 3/25/25 at approximately 3:30 p.m. The DON said it looked like the ice machine had been moved from where it usually sat
The DD and the NHA were interviewed together on 3/26/25 at 12:00 p.m.
The NHA said he was not sure if the ice machine filter had been assigned to anyone to clean. He said it was possible the ice machine filter should have been cleaned as part of the regular clean performed by their contacted vendor.
E. Facility follow up
On 3/26/25 at 11:32 a.m. the NHA provided documentation that the facility reached out to a local vendor on 2/20/25 for a quote on epoxy chip coating (seamless) the kitchen floor. No further documentation was provided if the local vendor provided the quote.
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0848
(Tag F0848)
Could have caused harm · This affected most or all residents
Based on record review and interviews, the facility failed to ensure the facility's binding arbitration agreement contained the required components.
Specifically, the facility failed to:
-Ensure the a...
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Based on record review and interviews, the facility failed to ensure the facility's binding arbitration agreement contained the required components.
Specifically, the facility failed to:
-Ensure the arbitration agreement presented to residents contained language that provided for the selection of a venue that was convenient to both parties; and,
-Provide for the selection of a neutral arbitrator agreed upon by both parties.
Findings include:
I. Facility policy and procedure
The Binding Arbitration Agreement policy, dated November 2023, was provided by the nursing home administrator (NHA) on 3/26/25 at 6:24 p.m. The policy read in pertinent part, Residents (or representatives) are informed of the nature and implications of any proposed binding arbitration agreements so as to make informed decisions on whether to enter into such agreements. Residents (or their representatives) have the right to make informed decisions about the important aspects of their health, welfare and safety.
Arbitration agreements provide for the selection of a neutral arbitrator, which is agreed upon by both parties. A neutral arbitrator is an impartial, unbiased party decision maker, without the appearance of any conflicts of interest, contracted with and agreed to by both parties to resolve their dispute. Residents (or representatives) are given the opportunity to suggest an arbitrator and venue. If the facility disagrees with the resident's suggested arbitrator(s) and/or venue, the facility will document the reason and provide that documentation to the resident (or representative).
Arbitration agreements provide for the selection of a venue that is both convenient to and suitably meets the needs of both parties. The venue will be agreed upon by both parties. When selecting a venue for consideration, ' convenience' for the resident (or representative) may be determined by his or her ability to get to the venue.
II. Facility's binding arbitration agreement
A copy of the facility's binding arbitration agreement was provided by the NHA on 3/23/55 at 10:55 a.m. The agreement read in pertinent part, The arbitration shall be administered and conducted by a contracted provider in accordance with its comprehensive arbitrations rules and procedures. Within 15 days after a claim for arbitration is made, the demand shall be filed by the contracted provider (dispute resolution specialist) and a single arbitrator will be selected from a list provided by the named provider pursuant to its rules to conduct the arbitrations. The arbitrator shall have the jurisdiction to decide whether the claims may be arbitrated pursuant to this agreement. The hearing arising under this voluntary arbitration agreement shall be held in the county where the facility is located.
-The facility's binding arbitration agreement failed to include the selection of a neutral arbitrator agreed upon by both parties and failed to contain language that provided for the selection of a venue that was convenient to both parties.
III. Staff interviews
The admission coordinator (AC) was interviewed on 3/26/25 at 12:20 p.m. The AC said the facility's arbitration agreement did not include information indicating a resident could speak with federal, state, local, surveyors or ombudsman. She said the information was included in the facility's admission agreement (a separate document) instead. The AC said there was no language in the facility's arbitration agreement regarding a selection of venue by both parties.
MINOR
(C)
Minor Issue - procedural, no safety impact
Deficiency F0575
(Tag F0575)
Minor procedural issue · This affected most or all residents
Based on observations and interviews, the facility failed to post, in a form and manner accessible and understandable to residents, a list of names, addresses (mailing and email) and telephone numbers...
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Based on observations and interviews, the facility failed to post, in a form and manner accessible and understandable to residents, a list of names, addresses (mailing and email) and telephone numbers of all pertinent State Agencies and advocacy groups.
Specifically, the facility failed to have the State Agencies contact information posted in a readable font size and placed in an area that had ease of access for the residents.
Findings include:
I. Resident council interview
Six residents (#54, #86, #85, #69, #4 and #25) who frequently attended the monthly resident council meetings and were identified as alert and oriented by facility and assessment were interviewed on 3/25/25 at 10:35 a.m. All residents in attendance said they did not know how to file a complaint with the State Agency.
II. Observations
On 3/26/25 at 5:33 p.m. postings in the lobby of the main unit included the facility abuse coordinator information, the ombudsman contact information, the state agency phone number and website address, and a list of the residents' rights.
-However, observations did not reveal any postings including the mailing and email addresses of the State Agency nor the contact information for adult protective services, state licensure office and the Medicaid fraud control unit.
III. Staff interviews
The social services director (SSD) was interviewed on 3/26/25 at 12:53 p.m. The SSD said she was not responsible for maintaining the information posted in the lobby but would sometimes update the ombudsman information. The SSD said the nursing home administrator (NHA) was responsible for maintaining the postings in the lobby.
The NHA was interviewed on 3/26/25 at 5:15 p.m. The NHA said he managed the information posted in the lobby. The NHA said he knew he was required to have the daily nurse staffing, ombudsman information and abuse reporting information posted. The NHA said he reviewed the postings and said he could not find any information posted regarding the Medicaid fraud control unit.