CRITICAL
(K)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Immediate Jeopardy (IJ) - the most serious Medicare violation
Free from Abuse/Neglect
(Tag F0600)
Someone could have died · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** C. Resident #8, age [AGE], was admitted to the facility on [DATE]. According to the November 2023 CPO, her diagnoses included st...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** C. Resident #8, age [AGE], was admitted to the facility on [DATE]. According to the November 2023 CPO, her diagnoses included stroke, left-sided paralysis, lupus, embolism (blood clot) left leg, kidney disease, anxiety, and depression.
The 9/21/23 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. She required set-up assistance with eating and supervision with showering and transferring from the bed.
The MDS identified the resident had no behavioral symptoms. However, the resident had a behavior care plan, initiated 2/15/2001, that identified Resident #8 could have the potential for physical and verbal aggression towards others and interventions included (in part) to approach in a calm manner, anticipate and meet the resident's needs, encourage the resident to express feelings appropriately, and explain all procedures/cares.
1. Resident interviews
Resident #8 was interviewed on 11/1/23 at 2:17 p.m. She said CNA #1 told her that he had to take care of her no matter how disgusting she was. Resident #8 said she reported this information to a frequent facility visitor.
Resident #8 was interviewed again on 11/6/23 at 10:05 a.m.
-She said she was scared that there might be repercussions for her saying things to the frequent facility visitor about CNA #1, as she knew the CNA had friends at the facility. She said the nurses might take his side and it might come back to her. Resident #8 said the NHA had told her everything had been resolved.
-She said CNA #1 was always a bully; he often slammed the door and he would knock so loudly on the door that other residents thought he was knocking on their doors. She said he sometimes would not talk to her at all (ignored her) when he was supposed to be caring for her, yet he was talking very loudly in the hallway. Resident #8 said if CNA #1 was working, she was anxious that he might come in and say something to her. She said, I felt like I did something wrong. It had been a relief not to hear his loud voice over the unit. (CNA #1 was terminated on 10/27/23.) She said she could not understand how anyone like that was working in healthcare.
Resident #8 was interviewed again on 11/7/23 at 10:00 a.m.
-She said at one point, CNA #1 suddenly stopped speaking to her. She said that he brought food trays into the room, and slammed them down on the table, and then slammed the door shut. Resident #8 said CNA #1 was hostile toward her and he told her once that she was full of it. She said if she pressed her call light, he would walk into the room, be abrupt, and sternly said yes. The resident said she was not comfortable with him caring for her again, but I thought I could suck it up.
-She said that sometimes she did not press her call light if he was the only one that she knew would answer because she was afraid of the way he would treat her. Resident #8 said staff members had told her that CNA #1 had a bad attitude and there were other witnesses that she was not willing to identify because she was afraid of repercussions.
2. Facility response to CNA #1 behaviors - failures in response
a. On 11/2/23 at 4:00 p.m. the human resources director (HRD) provided staffing records for CNA #1. A Counseling/Disciplinary Notice of written warning for CNA #1 was reviewed, which was completed by the director of nursing (DON) and dated 10/4/23. It read in pertinent part:
Reasons why counseling/disciplinary action is necessary: On multiple occasions staff and residents have raised concern in regards to your attitude and negativity on the unit. This includes rude interactions, frustrated comments and generalized negative statements in front of staff and residents.
Corrective action: Re-education to staff member on facility standards in regards to professional interactions with patients, family and staff. The expectation is that these actions will be corrected immediately.
There was no further documentation on the counseling/disciplinary form whether there was distress on the part of the residents who raised concerns.
b. On 11/6/23 at 5:40 p.m., the NHA provided an email received from a frequent facility visitor on 10/23/23. The email read, in pertinent part:
CNA #1 was verbally abusive to her (Resident #8). Every day for the past month CNA #1 has had a bad attitude. In one instance, the resident was leaving for an appointment soon and was wondering if she would be able to eat before she had to go. She asked CNA #1 if her food was there yet and he stated, we are not withholding food no matter how disgusting you are to us. Now he slams her food tray down and will leave without saying a word.
b. On 11/2/23 at approximately 10:00 a.m., the NHA provided the abuse investigation documents triggered by the frequent visitor's email regarding Resident #8 and the final report of an investigation which was submitted to the state on 10/28/23. There were ten resident and ten staff interviews included in the investigation which documented no concerns from staff or residents about CNA #1. The facility did not substantiate the allegation of verbal abuse.
c. On 11/2/23 at 4:00 p.m., the human resource director (HRD) provided a Counseling/Disciplinary notice that indicated CNA #1 was terminated on 10/27/23. The reason for the termination was that multiple grievances had been reported related to customer service concerns and attitude, and had included interviews with staff and residents.
3. Failures in facility response
(1) Untimely response
An interview with the frequent visitor (see below) revealed they had witnessed CNA #1's behavior toward Resident #8 in late July 2023, and had discussed the staff's behavior generally with the NHA in August 2023. However, in the facility responses set forth above, there was no evidence the facility considered the CNA's behavior potentially abusive. Further, there was no evidence corrective action was taken until 10/4/23 and then on 10/28/23 to investigate, as potential abuse, the issues raised by the visitor to protect Resident #8, as well as other residents, from his behavior.
The frequent visitor was interviewed on 11/7/23 at 10:28 a.m. She said she first heard about CNA #1 being rude and treating Resident #8 poorly on 7/11/23, however, the resident did not want to file a formal grievance due to fear of retaliation. She said she visited the resident again on 7/27/23 and was in the room when CNA #1 brought a tray of food to the resident. The frequent visitor said she requested CNA #1 wait a minute to confirm the food was what the resident had requested. She said CNA #1 said I don't have time for that, and he dropped the tray on the side table and left without removing the lid off the food. She said the resident did not want to file a formal grievance due to fear of retaliation, but the frequent visitor was a witness to CNA #1's behavior. The frequent visitor said she met with the NHA in August 2023 and she discussed the issues of rude staff. She said the NHA said he thought he knew who she was talking about.
The frequent visitor said the resident ultimately permitted her to report the abuse to the facility administration on 10/23/23.
(2) Incomplete investigation
The investigation included interviews with ten staff and ten residents, all of whom said they had no concerns about CNA #1. However, the investigation failed to include the history of disciplinary action and other grievances involving CNA #1, even though the 10/27/23 termination of the CNA (see above) indicated CNA #1 had triggered multiple grievances related to customer service concerns from staff and residents. The investigation reported an interview with the resident who stated she was comfortable having the CNA care for her, but see above; interviews with Resident #8 indicated she was concerned about retaliation.
Further, a review of the facility abuse investigation completed on 10/28/23 revealed no evidence it led to changes in the facility abuse procedures to ensure that abusive incidents would be properly identified, promptly and thoroughly reviewed and analyzed, and changes implemented to prevent future incidents of abuse.
D. Resident #4, age [AGE], was admitted on [DATE]. According to the November 2023 CPO, her diagnoses included kidney disease, heart disease, vascular dementia, epilepsy, and major depressive disorder.
The 7/25/23 MDS assessment revealed the resident was cognitively intact with a BIMS score of 14 out of 15. She required set-up assistance with eating and supervision with showering and transferring from the bed.
The MDS identified the resident had no behavioral symptoms. However, the resident had a behavior care plan, initiated 7/28/2001, that identified Resident #4 could have the potential for behavioral issues related to her anxiety and vascular dementia. Interventions included (in part) to approach in a calm manner, anticipate and meet the resident's needs, encourage the resident to express feelings appropriately, and explain all procedures/cares.
1. Resident interview and observation
Resident #4 was interviewed on 11/7/23 at 3:05 p.m. She started to have tears in her eyes when CNA #1's name was mentioned regarding her care and experience with him. When asked if she could talk further about him, she shook her head no and appeared sad. The resident sighed and appeared relieved when informed that CNA #1 did not work for the facility anymore.
2. Facility response to Resident #4's complaint - failures in response
A grievance/complaint and concern form dated 9/22/23, completed for Resident #4, was provided by the NHA on 11/7/23 at approximately 10:00 a.m. The form described the complaint in pertinent part:
-The resident voiced concerns regarding CNA (#1) and said he was frustrated with her when she did not answer fast enough or do tasks fast enough and said that CNA (#1) was rude in his interactions.
-Follow-up findings on the grievance form, per DON documentation, included re-education for CNA (#1) of customer service expectations on 10/4/23. There was no further documentation on the grievance/complaint and concern form and no indication of whether there was distress on the part of the resident.
This was the second response by the facility that read CNA #1's behavior was considered a customer service issue. (See above response to Resident #253 complaint) There was no evidence that other action was considered or taken by the facility. Specifically, the complaint was not recognized as potential abuse and was not reported or thoroughly investigated. (Cross-reference F609 and F610). Further, there was no evidence of a plan to monitor CNA #1 despite repeated complaints about his interactions with residents.
E. Resident #15, age [AGE], was admitted on [DATE]. According to the November 2023 CPO, her diagnoses included kidney disease, hypothyroidism, chronic obstructive pulmonary (lung) disease, vascular dementia, and anxiety disorder.
The 10/5/23 MDS assessment revealed the resident had moderate cognitive impairment with a BIMS score of 12 out of 15. She required set-up assistance with eating, substantial/maximal assistance with showering, and partial/moderate assistance with transferring from the bed.
The MDS identified the resident had no behavioral symptoms. However, the resident had a behavior care plan, initiated 7/25/2001, that identified Resident #15 could have the potential for paranoia and delusions and interventions included (in part) to approach in a calm manner, anticipate and meet the resident's needs, encourage the resident to express feelings appropriately, and explain all procedures/cares.
1. Interviews
A frequent visitor was interviewed on 11/7/23 at 10:28 a.m. She said three residents reported that CNA # 1 had treated them poorly, and she identified Resident #15 as one of the three residents.
Resident #15 was interviewed on 11/7/23 at 12:45 p.m. She said that CNA #1 screamed at her because she was not fast enough. She said she did not like him because he was mean to her and made her feel like an idiot. She said he would yell You do it now! Resident #15 said CNA #1 picked on her because she could not talk fast enough. She said he would storm out of the room.
2. Facility response to CNA #1's reported behavior - failures in response
A grievance/complaint and concern form dated 9/22/23 was provided by the NHA on 11/7/23 at approximately 10:00 a.m. The form was completed for Resident #15 and described the complaint in pertinent part:
-Resident voiced concerns about a specific CNA (#1) being frustrated when the resident did not answer fast enough or do tasks fast enough and said the CNA (#1) was rude in his interactions. There was no further documentation on the grievance/complaint and concern form and no indication of whether there was distress on the part of the resident.
-Follow-up findings on the grievance form, per DON documentation, included re-education for CNA #1 of customer service expectations on 10/4/23.
See above; although this was yet another grievance regarding CNA #1's interaction with residents, there was no evidence that other action was considered or taken by the facility. Specifically, the complaint was not recognized as potential abuse and was not reported or thoroughly investigated. (Cross-reference F609 and F610). Moreover, there was no evidence of a plan to monitor CNA #1 despite repeated complaints about aggressive interactions with residents.
F. Resident #87, age [AGE], was admitted on [DATE] and discharged on 10/27/23. According to the October 2023 CPO, her diagnoses included intracerebral hemorrhage (bleeding in the brain), paralysis of vocal cords, heart disease, urinary tract infection, and diabetes.
The 10/17/23 MDS assessment revealed the resident was cognitively intact with a BIMS score of 13 out of 15. She required set-up assistance with eating, substantial/maximal assistance with showering, and partial/moderate assistance with transferring from the bed. The MDS assessment identified the resident had no behavioral symptoms.
1. Resident representative interviews
Resident #87's representative was interviewed on 11/7/23 at 11:30 a.m. He said he did not feel comfortable leaving his mom alone in the facility due to CNA #1's behaviors. He said either he or his sister stayed with their mother throughout her stay.
Resident #87's representative was interviewed again on 11/8/23 at 11:46 a.m. He said his mother was frightened by CNA #1's behaviors. He said CNA #1 came into the room late at night knocking very loudly on the door. He said he observed CNA #1 yank the blood pressure cuff off Resident #87's arm with one hand. He said that CNA #1 did not seem to care that her arms were tender and bruised. He said the CNA practically dropped the food trays on the table. He said CNA #1 was intimidating and would turn his back to him and walk away when a question was asked. He said, Someone like that should not be working in a place like this.
2. Facility response to CNA #1's reported behavior - failures in response
A grievance/complaint and concern form dated 10/19/23 was provided by the NHA on 11/7/23 at approximately 10:00 a.m. The form described the complaint in pertinent part: Son expresses that CNA (#1) is not professional. Son stated he knocks loud and doesn't give direction with cares.
The grievance form findings to the concern read in pertinent part: CNA (#1) suspended pending facility investigation for an unrelated incident. CNA (#1) terminated due to customer service issues. The findings were dated 10/20/23, one week before the termination date for CNA #1 which was 10/27/23.
There was no further documentation on the grievance/complaint and concern form and no indication of whether there was distress on the part of the resident.
Further, the findings on the grievance form did not include information about an investigation into the complaint concerning Resident #87 and showed no further follow-up. There was no evidence Resident #87's complaint was considered potential abuse and thoroughly investigated and reported. (Cross-reference F609 and F610).
Finally, there was no evidence it led to changes in the facility abuse procedures to ensure that abusive incidents would be properly identified, promptly and thoroughly reviewed and analyzed, and changes implemented to prevent future incidents of abuse.
G. Staff Interviews
1. The DON was interviewed on 11/2/23 beginning at 3:20 p.m.
Regarding the facility's response to grievances, she said if a grievance was filed about nursing staff, they talk to the resident and re-educate staff on the resident's perception. She said if there were similar grievances for one staff member, the staff member was retrained, and if that was not effective they were terminated.
-She further stated that when a grievance is filed about a staff member being unprofessional, she said she talks to the resident to see about the miscommunication to see if the staff member was in a rush or was too fast. She educates the staff member on the resident's perception and to spend extra time on their care. She said a grievance was considered resolved after she followed up with the resident for a couple of days.
Regarding CNA #1's behavior, she said CNA #1 did not get taken the right way by some patients, and often came across as arrogant. She said he had issues with a few residents who did not perceive him well. The DON said about the abuse investigation involving CNA #1 that was completed on 10/28/23 (see above), additional interviews were completed, and there were no staff or resident concerns. She said CNA #1 was a good and efficient CNA. She said that she did not substantiate abuse, and said CNA #1 had customer service issues.
2. The NHA was interviewed on 11/2/23 at 4:16 p.m. He said CNA #1 was a good CNA who went really sideways in the last six weeks or so.
3. The social services director (SSD) and the regional resource social services (RRSS) were interviewed on 11/6/23, beginning at 4:40 p.m. The SSD said she was the grievance official. She said that she obtained a copy of each grievance and she also files them on behalf of residents. She said certain keywords differentiate grievance from abuse and that she would report abuse to the NHA. The SSD explained that customer service would be when people didn't get along with each other, the perception of each other. She said staff training would include reviewing how important tone and body language were to the residents.
4. The NHA was interviewed again on 11/6/23, beginning at 6:19 p.m.
In response to process questions about grievances/complaints, he said anybody can file a complaint with the facility using the facility grievance forms. He said the forms are reviewed weekly and primarily he or the SSD follow up on them. He said the manager who resolved the grievance usually signed the form.
In response to questions about abuse, he said the facility takes abuse seriously and he investigates claims of abuse personally. He said all staff were trained to let him know immediately of any instances of abuse. He said he gave out his phone number to all staff going through orientation to ensure everyone received it. He said any staff member suspected to be involved in an abuse situation with a resident was to be suspended immediately until an investigation could be completed. He said staff members were sometimes looked at for rushing care but he did not consider that abuse.
In response to questions about CNA #1, he said CNA #1 had a change of attitude over the past four to six weeks and was re-educated. He said the CNA's response to the reeducation was not great and he was concerned that there was a risk CNA #1's behavior could be escalating. He said CNA #1 also had an interpersonal conflict with another staff member, and the employees were assigned to separate units.
-He said he was aware that the DON had re-educated CNA #1 on other occasions, and residents had raised concerns about his negative attitude.
-He said the situation with Resident #253 (see above) was handled by the SSD since it was information captured from a survey after the resident was discharged . He said he did not identify the resident's concerns as abuse-related but more of a customer service issue. He said CNA #1 was never taken off the schedule and an abuse investigation was never completed.
5. Registered nurse (RN) #1 was interviewed on 11/6/23 at 10:47 a.m. She said CNA #1 had a reputation for being intimidating to residents and staff. She said he moved to multiple sections of the facility due to not being able to work civilly with other staff. She said CNA #1 was known for loudly voicing frustrations and concerns which made other staff uncomfortable.
6. RN #2 was interviewed on 11/7/23 at 12:05 p.m. She said that CNA #1 had demonstrated concerning behaviors. She said approximately three months ago an unidentified resident who had a stroke was very upset by the way CNA #1 treated him. RN #2 said CNA #1 became angry with the resident because he could not decide on his food quickly enough. She said the resident did not want the CNA to return to his room, and she asked CNA #1 not to return to the room. She said she went into the room to calm the resident and CNA #1 returned to the room anyway to antagonize the resident and he made the resident more upset. RN #2 said that CNA #1 had been very intimidating to staff also, and she tried to stay off his radar. She said she witnessed CNA #1 frequently antagonizing CNA #3.
7. CNA #3 was interviewed on 11/7/23 at 3:30 p.m. She said several months earlier, CNA #1 was upset that he was called out by the charge nurse for not cleaning rooms properly.
-She said when she arrived at work, CNA #1 put his hand on her arm and sarcastically said she was the only good CNA, and he let her know he thought she (CNA #3) had told on him, and this had gotten him in trouble for not completing work the previous day. She said CNA #1 was always walking in the halls and would laugh at her (in a mocking way) as she passed by. She said CNA #1 had a scary laugh, and he was always taunting and harassing her.
-She said she reported his behavior to the assistant director of nursing (ADON). She said CNA #1 stopped making comments but continued to laugh at her every day. She said she was considering quitting and told other staff. She said she told the staff development coordinator (SDC), and she was told that she had her story and CNA #1 had his story. She felt the SDC blew off her complaint. She said others on the unit witnessed this daily treatment by CNA #1.
-She said she thought CNA #1 looked for vulnerable staff and residents to taunt and harass.
8. The regional resource nurse (RRN) and the regional resource social services (RRSS) were notified on 11/7/23 at 4:38 p.m. of potential abuse involving Resident #4 and #15. The RRN and RRSS said they were going to begin an abuse investigation.
H. Facility follow-up
The NHA was interviewed on 11/7/23 at 10:40 a.m. after being informed of the immediate jeopardy situation. He said that looking back at the incident with Resident #253 and CNA #1, he should have launched an abuse investigation. He said he had no idea the resident was so upset by that interaction. He said the facility's process of reporting abuse allegations and filing grievances had some areas for improvement and he was working with the team to fix the issues.
The NHA was interviewed again on 11/8/23 at 4:52 p.m. He said the grievance/complaint from 10/19/23 regarding Resident #87 was reported to the SSD. He said, based on the training they had just completed, the follow-up noted by the DON on the complaint form was not sufficient or appropriate. He said the concerns stated in the original grievance were not addressed. He said it was not evident whether there had been abuse based on the lack of documentation on the grievance form, and that follow-up with the resident and her son was indicated (but had not been done). The NHA said there was no indication whether there was distress on the part of the resident because it had not been investigated. He said he could not explain why the date of follow-up on the grievance form was before the date CNA #1 was terminated.
Based on record review and interview, the facility failed to create an environment that protected six (#8, #4, #15, #87, #253, and #254) of eight out of 42 sample residents from mental and verbal abuse, contributing to residents experiencing, among other emotions, night terrors, anxiety, fear, and humiliation.
In interviews with Residents #8, #15, and #253, the residents stated certified nurse aide (CNA) #1 slammed and dropped food trays on their tables and slammed their doors shut, mocked them, yelled at them, made them feel like an idiot, and feel anxious, frightened, and humiliated. Resident #4 had tears in her eyes when CNA #1's name was mentioned; when asked if she could talk further about him, she shook her head no and appeared sad.
Although the residents and visitors either spoke with management or filed complaint/concern forms about their interactions with CNA #1 as early as February 2023 and later in August, September, and October, their reports, despite their repetition, were not recognized as potential staff-to-resident abuse, leading to failures in reporting, investigating, and implementing corrective actions to protect and prevent further abuse.
The facility's systemic failure to ensure residents were protected from staff-to-resident abuse created a situation of immediate jeopardy with Residents #234, #8, #15, and #4 sustaining actual serious harm, and the potential for serious harm to other residents residing in the facility.
Cross-reference F609 (reporting of alleged violations), F610 (investigation of alleged violations), and F867 (QAPI).
Findings include:
I. Immediate jeopardy
A. Findings of immediate jeopardy
Based on record review and interviews, the facility failed to create an environment that protected six (#8, #4, #15, #87, #253, and #254) of eight out of 42 sample residents from mental and verbal abuse, contributing to residents experiencing, among other emotions, night terrors, anxiety, fear, and humiliation.
In interviews with Residents #8, #15, and #253, the residents stated certified nurse aide (CNA) #1 slammed and dropped food trays on their tables and slammed their doors shut, mocked them, yelled at them, made them feel like an idiot, and feel anxious, frightened, and humiliated. Resident #4 had tears in her eyes when CNA #1's name was mentioned; when asked if she could talk further about him, she shook her head no and appeared sad.
Although the residents and visitors either spoke with management or filed complaint/concern forms about their interactions with CNA #1 as early as February 2023 and later in August, September, and October, their reports, despite their repetition, were not recognized as staff-to-resident abuse, leading to failures in reporting, investigating, and implementing corrective actions to protect and prevent further staff-to-resident abuse.
The facility's systemic failure to ensure residents were protected from staff-to-resident abuse created a situation of immediate jeopardy with Residents #234, #8, #15, and #4 sustaining actual serious harm, and the potential for serious harm to other residents residing in the facility.
On 11/7/23 at 2:15 p.m., the nursing home administrator (NHA) was notified that the facility's failure to recognize, report, investigate, and protect residents from staff-to-resident verbal and mental abuse created a situation of immediate jeopardy of serious harm that required immediate correction.
B. Interim plan to ensure resident safety
On 11/7/23 at 3:00 p.m., the NHA implemented an interim plan to ensure the safety of all residents until a formal, final plan could be submitted on 11/8/23. CNA #1 was terminated from employment on 10/27/23.
C. Facility plan to remove immediate jeopardy
On 11/8/23 at 5:34 p.m., the facility submitted its final plan to remove immediate jeopardy. The plan read:
1. Clinical Nurse Resource and Social Service Resource conducted education with Administrator, Social Services, director of rehabilitation services (DOR), nursing management, and human resources (HR). The education was completed on 11/6/2023 and was completed with the Director of Nursing upon return from vacation.
The education included: Full grievance process; how to identify instances and allegations of abuse and; the difference between a concern and all forms of abuse. Steps in conducting investigations Immediate safety interventions - including who can suspend staff and when staff should be suspended.
Grievance forms are to be reviewed each business day to ensure that all allegations of abuse have not been triaged as grievances.
The identification of allegations of abuse, types of abuse and appropriate follow up. Taking appropriate actions to protect residents from further alleged abuse. How to determine and document the outcome of investigation and report to the Health Department per the Abuse Policy Reporting Abuse, this included a review of the Elder Justice Act that went over reporting timeframes.
2. The identified IDT (interdisciplinary team) members completed an Abuse competency with the Social Service Resource by 11/7/2023. Once Competency was completed the identified IDT members are able to participate in on going education that will be given to staff members.
Resident #253 was discharged from the facility on 8/26/2023. Facility initiated an abuse investigation on 11/6/2023 and will complete and submit a final report on 11/11/2023. CNA #1 identified was terminated and has not worked at the facility since 10/27/2023.
3. Clinical Resource completed 1:1 education over the phone on 11/7/2023 with floor nurse RN (registered nurse) who Resident #253 talked prior to discharge. This education included ways to identify abuse: all types of abuse; reporting allegations of abuse timely to abuse coordinator and; recognizing signs of mental harm and distress.
In addition, the floor nurse RN was educated again in person on 11/8/2023 by the Administrator. This education included; all forms of abuse; signs and symptoms of psychosocial distress, techniques to prevent abuse; and how to report abuse. Floor Nurse completed the return demonstration test on 11/8/2023.
4. Identification of others: The facility completed a full house audit and interviewed all residents who were able to participate in interviews between 11/6/2023 and 11/7/2023. For residents who were not able to interview, the facility attempted to get in touch with emergency contact or resident representative to review for risk of abuse. The full house audit also included educating residents or their representatives on who to report allegations or concerns (of) abuse to.
There were two residents (for whom) the facility could not reach emergency contacts, for those two residents nurse and social services completed observation for any indicators of psychosocial distress or change in mood. The facility will continue to try to reach emergency contacts for those 2 residents. Facility to report any identified allegations by 11/8/2023.
5. Actions to prevent occurrences/recurrence: Clinical Nurse Resource and Social Service Resource initiated education and return demonstration to all staff; which includes clinical nursing staff, maintenance, dietary, therapy, nursing, administrative, activity, housekeeping, agency staff and anyone providing direct care. This education was initiated on 11/6/2023 and completed on 11/8/23.
This education reviewed the Abuse Policy and the following additional information: The forms of abuse (General Neglect,
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0574
(Tag F0574)
Could have caused harm · This affected multiple residents
Based on observations and interviews, the facility failed to ensure residents received notices in a written description of their legal rights.
Specifically, the facility failed to post a sign with ho...
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Based on observations and interviews, the facility failed to ensure residents received notices in a written description of their legal rights.
Specifically, the facility failed to post a sign with how to file a complaint to the State Survey Agency.
Findings include:
I. Resident group interview
The group interview was conducted on 11/2/23 at 12:57 p.m. with three residents (#1, #16 and #31) identified by assessment and the facility as interviewable. All three residents said they did not know they could file a complaint with the State Agency and they did not know where the facility posted information in regard to pertinent State Agencies' contact information.
II. Observation and staff interview
On 11/2/23 at 1:15 p.m., an observation was conducted throughout the facility. There were no signs in the front lobby of the building and no signs in each of the four units that contained the State Agency contact information. Each unit had an eight by eleven inch white paper posted next to the nurse's station with contact information for other local and State contact information next to the contact information for the ombudsman.
The director of nursing (DON) was interviewed on 11/2/23 at 1:43 p.m. She was not sure where the sign was posted. She walked to each nurse's station and did not see the sign. She said she would find out where the sign was posted in the building.
On 11/2/23 at 1:49 p.m., the DON showed the white paper was updated with the State Agency contact information. The font of the contact information was small to some and could require assistance.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Abuse Prevention Policies
(Tag F0607)
Could have caused harm · This affected multiple residents
Based on interviews and record review, the facility failed to implement its written policies and procedures to prohibit and prevent abuse and/or mistreatment of facility residents.
Specifically, the ...
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Based on interviews and record review, the facility failed to implement its written policies and procedures to prohibit and prevent abuse and/or mistreatment of facility residents.
Specifically, the facility failed to post a conspicuous notice of employee rights, including the right to file a complaint with the State Survey Agency and who the abuse coordinator was for the facility.
Findings include:
I. Professional reference
According to the Elder Justice Act notice, undated, retrieved online 11/14/23 from https://lms.healthcareacademy.com/courses/HCA_Annual/ElderJusticeAct1d/EJA_poster.pdf,
What you need to know: The Elder Justice Act (the Act) is a federal law passed as part of the Patient Protection and Affordable Care Act. Its aim is to combat abuse, neglect and exploitation of elders by promoting the discovery of crimes against residents of long-term care facilities. It does this by requiring that specific individuals report any reasonable suspicion of a crime against anyone who is a resident of or is receiving care from a long-term care facility. Section 1150B of the Social Security Act contains the mandatory notification and reporting requirements. The requirements are in effect now, but currently, there are no regulations specifying how these requirements should be implemented. The Centers for Medicare & Medicaid Services is expected to publish regulations that apply specifically to 1150B responsibilities. In the meantime, the following is what you need to know.
A long-term care facility may not retaliate against an employee for making a report, or for causing a report to be made. This means that a facility may not discharge, demote, suspend, threaten, harass, or deny a promotion or other employment-related benefit to an employee or in any other manner discriminate against an employee in the terms and conditions of employment because of lawful acts done by the employee; or file a complaint or a report against a nurse or other employee with the appropriate State professional disciplinary agency because of lawful acts done by the nurse or employee. An employee may file a complaint with the Secretary of Health and Human Services against a long-term care facility that violates the employee's rights under section 1150B of the SS Act.
-There was no posting of The Elder Justice Act in the facility.
II. Facility policy
The Abuse: Prevention of and Prohibition Against policy and procedure, revised January 2023, was provided by the nursing home administrator (NHA) on 11/1/23 at 11:45 a.m. It read in pertinent part, Prevention: All personnel, residents, visitors, etc. are encouraged to to report incidents and grievances without the fear of retribution. The facility will act to protect and prevent abuse and neglect from occurring within the facility by: supervising staff to identify and correct any inappropriate and unprofessional behaviors. Providing residents and representatives, information on how and to whom they may report incidents and grievances without the fear of retribution; and providing feedback regarding the concerns that have been expressed.
Investigation: All identified events are reported to the administrator immediately. All allegations of abuse, neglect, misappropriation of resident property, and exploitation will be promptly and thoroughly investigated by the administrator of his/her designee.
Reporting: The administrator/designee will contact the law enforcement agency per elder abuse law. The administrator/designee will contact the ombudsman. The administrator/designee will complete the initial report to the Colorado department of public health and environment within 24 hours electronically via the occurrence reporting portal and complete the report within five days from the initial report. Post a conspicuous notice of employee rights, including the right to file a complaint with the state survey agency if they believe the facility has retaliated against an employee or individual who reported a suspected crime and how to file such a complaint.
-There was no posting of the State complaint phone line in the facility.
III. Observations
On 11/8/23 at 4:00 p.m. during a tour of the facility, it was observed the Elder Justice Act information was not posted on four of four resident units, the front desk, the activities office or the social services office. It was observed the Abuse Coordinator information was not posted on four of four units, the NHA office or the front desk.
IV. Interviews
On 11/8/23 at 4:15 p.m. the social services director (SSD) and regional resource social services (RRSS) were interviewed. The SSD said there should be Elder Justice Act postings at every nurse station. She said they should be where the residents could read it.
The RRSS said the Elder Justice Act information should be available for the residents and staff.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Report Alleged Abuse
(Tag F0609)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** B. Resident #4
1. Cross-reference F600.
Cognitively intact Resident #4 was interviewed on 11/7/23 at 3:05 p.m. She started to ...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** B. Resident #4
1. Cross-reference F600.
Cognitively intact Resident #4 was interviewed on 11/7/23 at 3:05 p.m. She started to have tears in her eyes when CNA #1's name was mentioned regarding her care and experience with him. When asked if she could talk further about him, she shook her head no and appeared sad. The resident sighed and appeared relieved when informed that CNA #1 did not work for the facility anymore.
2. Record review
A grievance/complaint and concern form dated 9/22/23 was provided by the NHA on 11/7/23 at approximately 10:00 a.m. The form was completed for Resident #4 and described the resident's complaint in pertinent part: Resident #4 voiced concerns that a specific certified nurse aide (CNA) was frustrated when the resident did not answer fast enough or do tasks fast enough and CNA (#1) was rude in his interactions.
Follow-up findings documented on the grievance form per the director of nursing (DON) included a notation of re-education for the CNA of customer service expectations on 10/4/23.
-However, the follow-up findings on the grievance form did not include details of any interviews with the resident or staff to determine if the incident should be investigated as abuse (cross-reference F610) and there was no evidence the incident was reported to authorities as an allegation of abuse.
C. Resident #15
1. Cross-reference F600.
Resident #15 was interviewed on 11/7/23 at 12:45 p.m. She said that CNA #1 screamed at her because she was not fast enough. She said she did not like him because he was mean to her and made her feel like an idiot. She said he would yell You do it now! Resident #15 said CNA #1 picked on her because she could not talk fast enough. She said he would storm out of the room.
2. Record review
A grievance/complaint and concern form dated 9/22/23 was provided by the NHA on 11/7/23 at approximately 10:00 a.m. The form was completed for Resident #15 and described the complaint in pertinent part: Resident voiced concerns about specific CNA (#1) being frustrated when the resident did not answer fast enough or do tasks fast enough and the CNA is rude in his interactions.
Follow-up findings per DON documentation on the grievance form included re-education for CNA #1 of customer service expectations on 10/4/23.
-However, the follow-up findings on the grievance form did not identify the CNA, identified by NHA later as CNA #1, and did not include details of any interviews with the resident or staff to determine if the incident should be investigated as abuse (cross-reference F610) and there was no evidence the incident was reported to authorities as an allegation of abuse.
D. Resident #87
1. Cross-reference F600.
The representative for cognitively intact Resident #87 was interviewed on 11/8/23 at 11:46 a.m. He said his mother was frightened by CNA #1's behaviors. He said CNA #1 came into the room late at night knocking very loudly on the door. He said he observed CNA #1 yank the blood pressure cuff off Resident #87's arm with one hand. He said that CNA #1 did not seem to care that her arms were tender and bruised. He said the CNA practically dropped the food trays on the table. He said CNA #1 was intimidating and would turn his back to him and walk away when a question was asked.
2. Record review
A grievance/complaint and concern form dated 10/19/23 was provided by the NHA on
11/7/23 at approximately 10:00 a.m. The form described the complaint in pertinent part:
Son expresses that CNA (#1) is not professional. Son stated he knocks loud and doesn't give directions with cares.
The findings to the concern documented on the grievance form by the DON read in pertinent part: CNA suspended pending facility investigation for an unrelated incident. CNA (#1) terminated due to customer service issues.
-However, the follow-up findings on the grievance form did not identify the CNA, identified by NHA later as CNA #1, and did not include details of any interviews with the resident or staff to determine if the incident should be investigated as abuse (cross-reference F610) and there was no evidence the incident was reported to authorities as an allegation of abuse.
E. Staff interviews
The NHA was interviewed on 11/6/23 at 6:20 p.m. He said the facility's practice was not to put the name of the staff member involved on the grievance/complaint form. He said when they reviewed the complaint at the leadership morning meeting, they did not mention the names of the employees involved. He said the manager who resolved the grievance usually signed the form.
-However, after the past complaints were researched to determine the staff names involved in the allegations, CNA #1 was found to be a staff member involved in at least six complaints.
The NHA said CNA #1 had a change of attitude over the past four to six weeks and was re-educated. He said the CNA's response to the reeducation was not great and he was concerned that there was a risk CNA #1's behavior could be escalating. He said CNA #1 also had an interpersonal conflict with another staff member, and the employees were assigned to separate units. He said he was aware that the DON had re-educated CNA #1 on other occasions, and residents had raised concerns about his negative attitude.
The regional resource nurse (RRN) and the regional resource social services (RRSS) were notified by the surveyor on 11/7/23 at 4:38 p.m. of potential abuse involving Resident #4 and Resident #15. The RRN and RRSS said they were going to begin investigating the residents for potential abuse.
The NHA was interviewed again on 11/8/23 at 4:52 p.m. He said the complaint from 10/19/23 regarding Resident #87 was reported to the SSD. He said, based on the training they had just completed, the follow-up noted by the DON was not sufficient or appropriate. He said the concerns stated in the original grievance were not addressed. He said it was not evident whether there had been abuse, and that follow-up with the resident and her representative was indicated. The NHA said there was no indication whether there was distress on the part of the resident.
Based on interviews and record review, the facility failed to timely report incidents of potential abuse to the proper authorities, including the state survey agency. This involved four residents (#4, #15, #87, #253) out of eight residents reviewed from a total sample of 42 residents.
Specifically, the facility leadership failed to ensure four incidents of potential verbal and/or mental abuse by a staff member, certified nurse aide (CNA) #1, were timely reported to authorities, including the state survey agency.
Cross-reference F600 (abuse) and F610 (investigation of potential abuse)
Findings include:
I. Facility policy and procedure
The Abuse Prevention Program policy and procedure, dated November 2017, was provided by the nursing home administrator (NHA) on 11/8/23 at 11:18 a.m. It read in pertinent part:
All allegations of abuse, neglect, misappropriation of resident property, or exploitation should be reported immediately to the Administrator or Designated Abuse Coordinator. The Administrator/designee will contact the Law Enforcement Agency per Elder Abuse Law. The Administrator/designee will contact the Ombudsman. The Administrator/designee will complete the initial report to the Colorado Department of Public Health and Environment within 24 hours electronically via the Occurrence Reporting Portal and complete the report within 5 days from the initial report.
The Facility will ensure that all individuals who are involved in the reporting or investigation process are free from retaliation or reprisal. Post a conspicuous notice of employee rights, including the right to file a complaint with the State Survey Agency if they believe the facility has retaliated against an employee or individual who reported a suspected crime and how to file such a complaint. The Facility will report to the State Nurse Aide Registry or the appropriate licensing authorities any knowledge it has of any actions by a court of law which would indicate an employee is unfit for service.
II. Incidents of potential staff-to-resident abuse involving CNA #1
A. Resident #253
1. Cross-reference F600.
Cognitively intact Resident #253 was interviewed on 11/6/23 at 10:00 a.m. She said she had experienced several incidents of emotional and verbal abuse by CNA #1 contributing to recurring night terrors, anxiety, crying, and fear, even months after discharge on [DATE]. She said CNA #1 was verbally aggressive on multiple occasions.
She said that on a day around 8/17/23, her breakfast was late so she used her call light. CNA #1 came in and said What do you need now? although that was the first time he had been in her room. She told him her breakfast was late and he said that if she quit calling, then maybe they could get it to her on time. He came back with her breakfast, slamming down her tray, and said, Here's your breakfast and walked out.
She said that later, he brought her lunch in and said, Here your Highness in a condescending tone and walked out. The resident noticed some things were missing from her lunch tray so she used her call light. CNA #1 came in and said, Was it not up to your standard? in a sarcastic tone. He went out and came back and slammed the food on the bedside table, and talking through his teeth and in a very angry voice, said, Don't bother me again.
She said she then said to CNA #1, I would like you to leave my room. CNA #1 did not leave her room, but instead, slammed her door shut, walked toward her, and said to her, I will leave your room whenever the (expletive) I feel like it. She said she thought he might hurt her because he came really close to her and that made her feel hysterical, afraid, and scared and the incident brought back memories of trauma and abuse from her past. She said she told all this information to the NHA, but he dismissed her concerns and said CNA #1 was a good worker and it was probably a misunderstanding.
She said on her day of discharge, 8/26/23, CNA #1 found her in the hallway and said in a threatening way, Just remember I have access to your records. The resident said she felt that the staff member would find where she lived and she was terrified about that.
2. Record review
On 11/2/23 at approximately 10:00 a.m. the nursing home administrator (NHA) provided the facility's response to Resident #253's concerns about her interaction with CNA #1. A comment/concern dated 8/25/23 read the social services director (SSD) wrote Resident #253's concern as Patient voiced concerns regarding (CNA #1) being rude and inconsiderate when providing care to the patient. Stating that it felt like he was demanding her to do things.
CNA #1 received a counseling/disciplinary notice on 8/25/23 for customer service-related corrections.
-However, there was no evidence in the information provided by the NHA that the facility identified Resident #253's allegation as potential staff-to-resident verbal and mental abuse, despite the staff's aggressive verbal and nonverbal conduct toward the resident and reported it to authorities as required.
3. Interview and record review
The NHA was interviewed on 11/6/23 at 6:19 p.m. He said the facility takes abuse seriously. He said the situation with Resident #253 was handled by the SSD since it was information captured from a survey after the resident was discharged . He said he did not identify the resident's concerns as abuse-related but more of a customer service issue. He said CNA #1 was never taken off the schedule and the incident was not reported to authorities.
A review of facility records revealed on 11/6/23 the NHA filed an abuse investigation with the state involving Resident #253 and CNA #1.
On 11/7/23 at 10:40 a.m., the NHA said that looking back at the incident with Resident #253 and CNA #1, he should have launched an abuse investigation. (Cross-reference F610) He said he had no idea the resident was so upset by that interaction. He said the facility's process of reporting abuse allegations and filing grievances had some areas for improvement and was working with the team to fix the issues.
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
Investigate Abuse
(Tag F0610)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** B. Resident #4
1. Cognitively intact Resident #4 was interviewed on 11/7/23 at 3:05 p.m. She started to have tears in her eyes w...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** B. Resident #4
1. Cognitively intact Resident #4 was interviewed on 11/7/23 at 3:05 p.m. She started to have tears in her eyes when CNA #1's name was mentioned regarding her care and experience with him. When asked if she could talk further about him, she shook her head no and appeared sad. Cross-reference F600 for further details.
2. A grievance/complaint and concern form dated 9/22/23 was provided by the NHA on 11/7/23 at approximately 10:00 a.m. The form was completed for Resident #4 and described the resident's complaint in pertinent part: Resident #4 voiced concerns that a specific certified nurse aide (CNA) was frustrated when the resident did not answer fast enough or do tasks fast enough and CNA (#1) was rude in his interactions.
Follow-up findings documented on the grievance form per the director of nursing (DON) included a notation of re-education for the CNA of customer service expectations on 10/4/23.
The follow-up findings indicated the grievance was not adequately addressed. Specifically, the findings failed to include details of any interviews with the resident or staff to show a comprehensive investigation of the resident's complaint was conducted to determine whether an abuse investigation and a report to authorities were required (cross-reference F609). The follow-up findings did not identify the CNA, who was later identified by the NHA as CNA #1, did not address whether there was distress on the part of the resident, and did not include a plan to monitor CNA #1.
Neither an abuse investigation nor a report to the state authorities was completed for Resident #4's complaint.
C. Resident #15
1. Moderately cognitively impaired Resident #15, interviewed on 11/7/23 at 12:45 p.m., said CNA #1 screamed at her because she was not fast enough. She said she did not like him because he was mean to her and made her feel like an idiot. She said he would yell You do it now! Resident #15 said CNA #1 picked on her because she could not talk fast enough. She said he would storm out of the room. Cross-reference F600 for further details.
2. A grievance/complaint and concern form dated 9/22/23 was provided by the NHA on 11/7/23 at approximately 10:00 a.m. The form was completed for Resident #15 and described the complaint in pertinent part: Resident voiced concerns about specific CNA (#1) being frustrated when the resident did not answer fast enough or do tasks fast enough and the CNA is rude in his interactions. Follow-up findings per DON documentation on the grievance form included re-education for CNA #1 of customer service expectations on 10/4/23.
The follow-up findings indicated the grievance was not adequately addressed. Specifically, the findings failed to include details of any interviews with the resident or staff to show a comprehensive investigation was conducted to determine if an abuse investigation and a report to authorities were required (cross-reference F609). The follow-up findings did not identify the CNA, who was later identified by the NHA as CNA #1, did not address whether there was distress on the part of the resident, and did not include a plan to monitor CNA #1.
Neither an abuse investigation nor a report to the state authorities was completed for Resident #4's complaint.
D. Resident #87
1. Cognitively intact Resident #87's representative was interviewed on 11/8/23 at 11:46 a.m. He said his mother was frightened by CNA #1's behaviors. He said CNA #1 came into the room late at night knocking very loudly on the door. He said he observed CNA #1 yank the blood pressure cuff off Resident #87's arm with one hand. He said that CNA #1 did not seem to care that her arms were tender and bruised. He said the CNA practically dropped the food trays on the table. He said CNA #1 was intimidating and would turn his back to him and walk away when a question was asked.
2. The grievance/complaint and concern form dated 10/19/23 was provided by the NHA on
11/7/23 at approximately 10:00 a.m. The form described a complaint by the resident's representative in pertinent part: Son expresses that CNA (#1) is not professional. Son stated he knocks loud and doesn't give direction with cares.
The findings to the concern documented on the grievance form by the DON read in pertinent part: CNA suspended pending facility investigation for an unrelated incident. CNA (#1) terminated due to customer service issues.
The follow-up findings indicated the grievance was not adequately addressed. Specifically, the findings failed to include details of any interviews with the resident or staff to show a comprehensive investigation was conducted to determine if an abuse investigation and a report to authorities were required (cross-reference F609). The follow-up findings did not identify the CNA, who was later identified by the NHA as CNA #1, and did not address whether there was distress on the part of the resident. Further, there was no explanation for the findings which noted CNA #1's termination was dated 10/20/23, one week before the termination date for CNA #1 (10/27/23).
Neither an abuse investigation nor a report to the state authorities was completed for Resident #4's complaint.
E. Resident #8
1. Cognitively intact Resident #8 was interviewed on 11/1/23 at 2:17 p.m., 11/6/23 at 10:05 a.m. and again on 11/7/23 at 10:00 a.m. Her interviews revealed CNA #1 told her that he had to take care of her no matter how disgusting she was. She said she was scared that there might be repercussions for her saying things about the CNA which she had shared with a frequent facility visitor. Resident #8 said if CNA #1 was working, she was anxious that he might come in and say something to her. She said, I felt like I did something wrong. Cross-reference F600 for further details.
2. On 11/2/23 at approximately 10:00 a.m., the NHA provided documents from an abuse investigation of the incidents involving Resident #8 and the final report the facility had submitted to the state on 10/28/23. There were ten resident and ten staff interviews included in the investigation which documented no concerns from staff or residents about CNA #1. The facility did not substantiate the allegation of verbal abuse.
-However, the investigation failed to include the history of disciplinary action and other grievances involving CNA #1. Further, even though the investigation reported an interview with the resident stating she was comfortable having the CNA care for her, interviews with Resident #8 (cross-reference F600) indicated she was concerned about retaliation.
F. Staff Interviews and facility record review
1. The NHA was interviewed on 11/6/23 at 6:20 p.m. He said the facility's practice was not to put the name of the staff member involved on the grievance/ complaint form. He said when they reviewed the complaint at the leadership morning meeting, they did not mention the names of the employees involved. He said the manager who resolved the grievance usually signed the form.
The NHA said CNA #1 had a change of attitude over the past four to six weeks, and was re-educated. He said the CNA's response to the reeducation was not great and he was concerned that there was a risk CNA #1's behavior could be escalating. He said CNA #1 also had an interpersonal conflict with another staff member, and the employees were assigned to separate units. He said he was aware that the DON had re-educated CNA #1 on other occasions, and residents had raised concerns about his negative attitude.
2. The regional resource nurse (RRN) researched past grievances/complaints on 11/6/23 (as they did not include staff names) to determine which staff were involved in the complaints. CNA #1 was found to be a staff member involved in at least seven of the complaints.
3. The NHA was interviewed on 11/8/23 at 4:52 p.m. He said the complaint from 10/19/23 regarding Resident #87 was reported to the SSD. He said, based on the training they had just completed, the follow-up noted by the DON was not sufficient or appropriate. He said the concerns stated in the original grievance were not addressed. He said it was not evident whether there had been abuse, and that follow-up with the resident and her son were indicated. The NHA said there was no indication whether there was distress on the part of the resident. The NHA acknowledged a thorough investigation of the concern involving Resident #87 was not done for Resident #87.
Based on record review and interviews with residents and staff interviews, the facility failed to ensure incidents of potential abuse involving five residents (#8, #4, #15, #87, and #253) out of a total sample of 42 residents were thoroughly investigated.
Cross-reference F600 (abuse) and F609 (reporting abuse).
Findings include:
I. Facility policy
The Abuse Prevention Program policy and procedure, dated November 2017, was provided by the nursing home administrator (NHA) on 11/8/23 at 11:18 a.m. In part:
All allegations of abuse, neglect, misappropriation of resident property, or exploitation should be reported immediately to the Administrator or Designated Abuse Coordinator. The Administrator/designee will contact the Law Enforcement Agency per Elder Abuse Law. The Administrator/designee will contact the Ombudsman. The Administrator/designee will complete the initial report to the Colorado Department of Public Health and Environment within 24 hours electronically via the Occurrence Reporting Portal and complete the report within 5 days from the initial report.
The Facility will ensure that all individuals who are involved in the reporting or investigation process are free from retaliation or reprisal. Post a conspicuous notice of employee rights, including the right to file a complaint with the State Survey Agency if they believe the facility has retaliated against an employee or individual who reported a suspected crime and how to file such a complaint. The Facility will report to the State Nurse Aide Registry or the appropriate licensing authorities any knowledge it has of any actions by a court of law which would indicate an employee is unfit for service.
II. Incidents known to the facility indicating potential abuse
A. Resident #253
1. Cognitively intact Resident #253 was interviewed on 11/6/23 at 10:00 a.m. She said she had experienced several incidents of emotional and verbal abuse by certified nurse aide (CNA) #1 contributing to recurring night terrors, anxiety, crying, and fear, even months after discharge on [DATE]. She said CNA #1 was verbally aggressive on multiple occasions. Cross-reference F600 for further details.
2. Facility documents included a comment/concern interview by the social service director (SSD) of Resident #253, referencing an incident around 8/17/23. The interview was completed on 8/25/23 and read Resident #253's concern was, Patient voiced concerns regarding (CNA #1) being rude and inconsiderate when providing care to the patient. Stating that it felt like he was demanding her to do things. The comment/concern read CNA #1 received a counseling/disciplinary notice on 8/25/23 for customer service-related corrections.
There was no further information regarding the resident's concerns, including no indication of whether there was distress on the part of the resident.
On 11/2/23 at approximately 10:00 a.m., the nursing home administrator (NHA) provided the facility's abuse investigation documents. There was no evidence in the information provided by the NHA that the facility identified Resident #253's allegation as potential staff-to-resident verbal and mental abuse, despite the staff's aggressive verbal and nonverbal conduct toward the resident.
Likewise, and contrary to regulation and facility policy (see above), there was no evidence the facility conducted a comprehensive investigation of the incident that included an interview with other residents, CNA #1, and other staff members who might have information regarding the alleged incident, or interviews with other residents to whom CNA #1 provided care or services, as well as interviews with staff members having contact with CNA #1.
Further, there was no evidence that the facility took sufficient steps to protect residents from further potential abuse. Although Resident #253's allegation involved potential verbal and mental abuse by staff, the facility failed to monitor CNA #1's interactions with Resident #253 and other residents to ensure the action taken by the facility (counseling/disciplinary notice) was an effective response to his reported behavior.
3. Staff interviews
The NHA was interviewed on 11/6/23 at 6:19 p.m. He said the facility takes abuse seriously and he investigated claims of abuse personally. He said all staff were trained to let him know immediately of any instances of abuse. He said any staff member suspected to be involved in an abuse situation with a resident was to be suspended immediately until an investigation could be completed. He said he did not identify the resident's concerns as abuse-related but more of a customer service issue. He said CNA #1 was never taken off the schedule and an abuse investigation was never completed.
4. Facility follow up
On 11/6/23 the NHA filed an abuse investigation with the state involving resident #253 and CNA #1.
The NHA was interviewed again on 11/7/23 at 10:40 a.m. He said that looking back at the incident with Resident #253 and CNA #1, he should have launched an abuse investigation. He said he had no idea the resident was so upset by that interaction. He said the facility's process of reporting abuse allegations and filing grievances had some areas for improvement and was working with the team to fix the issues.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
QAPI Program
(Tag F0867)
Could have caused harm · This affected multiple residents
Based on interviews and record review, the facility failed to ensure an effective quality assurance program to identify and address facility compliance concerns was implemented, in order to facilitate...
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Based on interviews and record review, the facility failed to ensure an effective quality assurance program to identify and address facility compliance concerns was implemented, in order to facilitate improvement in the lives of nursing home residents, through continuous attention to quality of care, quality of life and resident safety.
Specifically, the quality assurance performance improvement (QAPI) program committee failed to identify and address concerns related to freedom from abuse, reporting and investigating that rose to the level of immediate jeopardy and caused a pattern of psychosocial harm.
Findings include:
I. Facility policy
The Quality Assurance and Performance Improvement (QAPI) policy and procedure, revised January 2023, was provided by the nursing home administrator (NHA) on 11/1/23 at 11:45 a.m. It read in pertinent part, The purpose of this QAPI plan and processes is to continually assess the facility's performance in all service areas, so that systems and processes achieve the delivery of person-centered care, and which maximizes the individual's highest practicable physical, mental, and social well-being.
Procedure included,
1. Quality assessment and assurance committee;
2. QAPI plan components: The plan will include,
-design and scope,
-governance and leadership,
-feedback, data systems, and monitoring,
-performance improvement projects (PIP's),
-systemic analysis and systemic action.
3. Identification of, and prioritizing of, PIP's through:
-open-door policy for staff reporting of quality problems,
-staff meetings,
-resident council,
-grievances,
-systematic review of facility data, data sources, and comparative data, from market, state, and national sources,
-prioritizing through identification of high-risk, high volume, or problem-prone issues.
4. Education and information sharing;
5. Governance and leadership:
-The governing board and administrator will promote and create a fair and open culture where staff are comfortable identifying quality problems and opportunities.
-The administrator will provide support for staff time, space, and resources to carry out QAPI activities.
-The administrator will share QAPI plans and activities periodically to the governing board.
6. QAPI tools to support performance improvement activities:
The facility may utilize the following established performance improvement tools/processes:
-plan-do-study-act (PDSA cycles).
-The five why's to identify root cause.
-The fishbone.
II. Cross-reference citations
Cross-reference F574: The facility failed to post required notices and contact information with failure to post the state contact information in order for residents and staff to report complaints to the State Agency.
Cross-reference F600: The facility failed to ensure residents were protected from staff to resident verbal and emotional abuse. The facility's failure to protect residents from staff to resident verbal and emotional abuse created an immediate jeopardy situation.
Cross-reference F607: The facility failed to develop and implement abuse policies with failure to post a conspicuous notice of the Elder Justice Act.
Cross-reference F609: The facility failed to report alleged violations of potential verbal and emotional abuse to the State Survey and Certification Agency in accordance with state law.
Cross-reference F610: The facility failed to investigate alleged allegations of verbal and emotional abuse.
III. Staff interviews
The medical director (MD) was interviewed on 11/7/23 at 3:40 p.m. She said she was informed of the immediate jeopardy on 11/7/23. She said she was in the facility four days per week. She said she attended QAPI committee meetings regularly. The MD said she was not aware that abuse was happening and recommended that resident concerns and the grievances process be a more in depth investigation. She said the behavior of some staff members shocked her and made her upset to hear about it.
The NHA was interviewed on 11/8/23 at 5:01 pm. He said the facility had a QAPI committee who consisted of the required members and met monthly. He said the committee looked at things they were tracking like falls, looked at trends and key performance metrics. He said the QAPI meetings had an agenda, the general agenda stayed the same with some details changed each month. He said the committee looked for trends, root causes, fish bone metrics, graphs, charts and dissected charts to understand the trends. He said they did a performance improvement plan (PIP) at least yearly such as working on reducing resident falls.
He said his last QAPI meeting was 10/25/23 but abuse, reporting and investigating were not part of the topic. He said topics come to the QAPI meeting from department heads' concerns and clinical measures.
He said his new plan would be to revise the facility's grievance forms to include questions to do a deeper dive into possible allegations of abuse. He said the main failure in identifying abuse was not asking more probing questions and enough questions into the state of the residents to find out preferences and concerns.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Infection Control
(Tag F0880)
Could have caused harm · This affected multiple residents
II. Isolation precautions
A. Professional references
According to the Centers for Disease Control and Prevention (CDC), revised 5/8/23, Recommended Routine Infection Prevention and Control (IPC) Pract...
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II. Isolation precautions
A. Professional references
According to the Centers for Disease Control and Prevention (CDC), revised 5/8/23, Recommended Routine Infection Prevention and Control (IPC) Practices During the COVID-19 pandemic, retrieved on 11/13/23 from https://www.cdc.gov/coronavirus/2019-ncov/hcp/infection-control-recommendations.html:
If they (N95 masks) are used during the care of patient for which a NIOSH Approved respirator or facemask is indicated for personal protective equipment (PPE), they should be removed and discarded after the patient care encounter and a new one should be donned.
Place a patient with suspected or confirmed SARS-CoV-2 infection in a single-person room. The door should be kept closed.
HCP (Health Care Personnel) who enter the room of a patient with suspected or confirmed SARS-CoV-2 infection should adhere to standard precautions and use a NIOSH Approved particulate respirator with N95 filters or higher, gown, gloves, and eye protection (goggles or a face shield that covers the front and sides of the face).
According to the CDC, revised 11/29/22, CDC's Core Infection Prevention and Control Practices for Safe Healthcare Delivery in All Settings, retrieved on 11/13/23 from https://www.cdc.gov/infectioncontrol/guidelines/core-practices/index.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fhicpac%2Frecommendations%2Fcore-practices.html:
Remove and discard PPE, other than respirators, upon completing a task before leaving the patient's room or care area. If a respirator is used, it should be removed and discarded after leaving the patient room or care area and closing the door.
Ensure that healthcare personnel have immediate access to and are trained and able to select, put on, remove, and dispose of PPE in a manner that protects themselves, the patient, and others.
B. Facility policy
The Infection Prevention and Control Program policy, revised January 2023, was provided by the regional resource nurse (RRN) on 11/6/23 at 1:12 p.m. It read in pertinent part:
Goals: Decrease the risk of infection to residents and personnel, recognize infection control practices while providing care, identify and correct problems relating to infection control, and ensure compliance with state and federal regulations related to infection control.
C. Observations
On 11/1/23 at 11:52 a.m., an unidentified certified nurse aide (CNA) exited room A133 room (droplet precautions sign on the door), walked out of the room with no personal protective equipment on (removed her N95 mask prior to leaving the room).
-Per the director of nursing interview (see below) staff were to remove their mask after leaving the room.
On 11/2/23 at 11:26 a.m., an unidentified staff exited room A114 (droplet precautions sign on the door) with N95 mask on, did not remove N95 mask after leaving the room.
At 11:32 a.m. room C128, had a droplet precautions sign on the door, the resident was in the room with licensed practical nurse (LPN) #1 and the door to her room was completely open. The door remained open until LPN #1 left the room at 11:39 a.m.
At 1:45 p.m. room A135, had a droplet precautions sign on the door. There were visitors in the room without masks. CNA #2 entered the room with a gown and gloves on. She did not have eye protection or a N95 mask. The door to the room remained open until 2:18 p.m.
At 1:49 p.m. room A133 and room A135 had droplet precautions signs on the doors. The instructions posted on both doors were to wash hands prior to entering and leaving the room, put on a mask when entering the room, put on protective eyewear when entering the room and remove all PPE prior to leaving the room.
At 1:56 p.m. room A133 had a droplet precautions sign on the door, two unidentified CNAs removed N95 masks prior to leaving the room.
-However, the signage for PPE was updated by staff to indicate that their mask should be disposed of outside of the room.
At 4:54 p.m, there was no isolation sign on door of room A135 (the droplet precautions sign had been removed), however, the resident had an active order for contact precautions.
D. Staff interviews
LPN #1 was interviewed on 11/2/23 at 11:39 a.m. She said the resident in room C128 had COVD-19. She said the door was to remain closed at all times.
CNA #2 was interviewed on 11/2/23 at 2:20 p.m. She said that she was not sure what type of isolation room A135 should be on (sign on door was droplet precautions) and did not know if the isolation signage on the door was correct. She said she should have worn a face shield and the door should have remained closed if the resident was in droplet precautions.
CNA #7 was interviewed on 11/0/23 at 2:38 p.m. She said she should wear a gown, gloves, eye protection and N95 mask when entering the room of a resident with droplet precautions. She said that she always removed gown and gloves prior to exiting the room and took off goggles and N95 mask after she left the room. She said the resident's door was to be closed all of the time.
The director of nursing (DON) and RRN were interviewed on 11/2/23 at 3:54 p.m. The DON said room A135 should have been on contact precautions, not droplet precautions as posted on the door. She said the staff should identify the type of isolation needed, then wear appropriate PPE. The DON said staff should change their N95 mask after leaving the room for a resident in droplet isolation. She said the residents' doors should remain closed whenever possible.
E. Facility follow-up
On 11/6/23 at 11:58 a.m., the RRN and infection preventionist (IP) said the facility added PPE to isolation carts and added trash cans outside of droplet isolation rooms to ensure N95 masks were disposed properly. The RRN said that staff had posted the incorrect sequence/disposal of PPE on the resident doors. The RRN said that staff have been educated about correct signage, sequencing and disposal of PPE.
III. Storage of Portable oxygen
A. Observations
On 11/1/23 at 9:17 a.m., portable oxygen tanks were resting on the floor inside the door of room C104, C110 and C125.
At 10:15 a.m., portable oxygen was resting on the floor inside the door of C160 room.
On 11/6/23 at 5:52 p.m., portable oxygen was resting on the floor outside of C133A room.
B. Staff Interviews
The infection preventionist (IP) was interviewed on 11/7/23 at 2:49 p.m. She said respiratory therapy, nurses and certified nurses aids (CNAs) could refill the portable oxygen tanks. The IP said the tanks were taken to the oxygen room to be refilled and they should not be resting on the floor at any time.
Licensed practical nurse (LPN) #2 was interviewed on 11/7/23 at 3:25 p.m. She said both CNAs and nurses fill the residents' portable oxygen tanks. She said she would not expect portable oxygen to be on the floor at any time. She said there was a hanger for staff to use on hooks or on wheelchairs. LPN #2 said she thought staff might have put them on the floor at the change of shift to signal they needed filling.
Based on observations and interviews, the facility failed to maintain an infection control program designed to provide a safe, sanitary and comfortable environment to help prevent the development and transmission of diseases and infection for two out of four units in the facility.
Specifically, the facility failed to:
-Ensure housekeeping staff cleaned high touch areas were cleaned appropriately;
-Ensure housekeeping staff used proper surface disinfectant times;
-Ensure housekeeping staff cleaned from cleaner to dirtier areas;
-Ensure housekeeping staff changed gloves and performed hand hygiene between bathroom and bedroom;
-Ensure housekeeping staff changed mop heads between bathroom and bedroom;
-Ensure housekeeping staff changed cleaning cloths between bathroom and bedroom;
-Provide accurate isolation precautions, including isolation signage, appropriate use of personal protective equipment (PPE) and assure the resident doors remained closed; and,
-Appropriately store resident portable oxygen equipment.
Findings include:
I. Housekeeping failures
A. Professional reference
The Centers for Disease Control (CDC) Environment Cleaning Procedures https://www.cdc.gov/hai/prevent/resource-limited/cleaning-procedures.html# retrieved on 11/14/23 read in pertinent part, High-Touch Surfaces: The identification of high-touch surfaces and items in each patient care area is a necessary prerequisite to the development of cleaning procedures, as these will often differ by room, ward and facility.
Common high-touch surfaces include:
-bedrails
-IV (intravenous) poles
-sink handles
-bedside tables
-counters
-edges of privacy curtains
-patient monitoring equipment (keyboards, control panels)
-call bells
-door knobs
Proceed From Cleaner To Dirtier
Proceed from cleaner to dirtier areas to avoid spreading dirt and microorganisms. Examples include:
-During terminal cleaning, clean low-touch surfaces before high-touch surfaces.
-Clean patient areas (patient zones) before patient toilets.
-Within a specified patient room, terminal cleaning should start with shared equipment and common surfaces, then proceed to surfaces and items touched during patient care that are outside of the patient zone, and finally to surfaces and items directly touched by the patient inside the patient zone. In other words, high-touch surfaces outside the patient zone should be cleaned before the high-touch surfaces inside the patient zone.
-Clean general patient areas not under transmission-based precautions before those areas under transmission-based precautions.
B. Facility policy and procedure
The Infection Control policy and procedure for the Housekeeping Department, revised November 2022, was provided by the regional resource nurse (RRN) on 11/8/23 at 11:18 a.m. The policy read in pertinent part: It is the policy of this facility to require effective environmental sanitation to lessen the hazards of exposure to contaminated air, dust, furnishings, equipment and other fomites.
Frequent cleaning of the facility's interior will aid in physically removing some of the microorganisms which might cause these hazards.
The housekeeping supervisor will work closely with the infection control team to establish and maintain consistent practices and high standards of cleanliness.
C. Disinfectant
The disinfectant in the facility was identified as Spic and Span with a 10 minute surface disinfectant time.
C. Observations and interview
During continuous observation on 11/7/23 at approximately 10:00 a.m. on C hall, housekeeper (HSK) #1 failed to clean door knobs, television remote and call button in room C132. HSK #1 said a surface disinfectant time of one minute for the disinfectant chemicals used to clean the room. HSK #1 used the toilet brush to clean the interior, exterior and the seat of the toilet. The observations were as follows:
HSK #1 used a toilet brush from a bucket to clean the interior, seat and exterior of the toilet, then dried it with a dry cloth not allowing for surface disinfectant time.
HSK#1 failed to clean the handrails in the bathroom.
HSK#1 failed to change gloves and perform hand hygiene between cleaning the bathrooms and bedroom areas.
HSK #1 used a wet cloth from a filled bucket in the cart to wipe the surfaces in the room and then used a dry cloth immediately after to dry the surfaces, not allowing for surface disinfectant times.
HSK#1 failed to clean high touch surfaces/items including the television remote, call button and door knobs.
During observation on 11/7/23 at approximately 10:30 a.m. on A hall in room A146. HKS #2 said the surface disinfectant time to three to four minutes for disinfection, failed to allow surface disinfectant times on high touch surfaces including door knobs, and failed to change the mop head and perform hand hygiene between the bathroom and bedroom. Observations were as follows:
HSK #2 sprayed areas and immediately wiped with a dry cloth not allowing for surface disinfectant time.
HSK #2 failed to clean the call button.
HSK #2 sprayed and immediately wiped the handrails dry in the bathroom, not allowing for surface disinfectant time.
HSK #2 sprayed the sink allowing for approximately 30 seconds before wiping it dry.
After HSK #2 failed to change the mop head and perform hand hygiene after cleaning the bathroom and before mopping the bedroom area.
E. Staff interviews
HSK #1 was interviewed on 11/7/23 at 10:00 a.m. HSK #1 said there was a one minute disinfectant time for the disinfectant in the regular rooms and 10 minute time for isolation rooms. She said high touch areas were walkers, tables, wheelchairs, guest chairs and bathrooms.
-The HSK failed to say the resident call buttons, handrails and door knobs were high touch areas.
HSK #2 was interviewed on 11/7/23 at 10:30 a.m. HSK #1 said they clean the knobs every day. She said the disinfectant spray had a three to four minute disinfectant time. She said high touch areas were tables, radio, television and the room phone.
-The HSK failed to say the resident call buttons and bathroom handrails were high touch areas.
The housekeeping supervisor (HSKS), the maintenance supervisor (MTS) and corporate safety consultant (CSC) were interviewed on 11/7/23 at 12:12 p.m. The HSKS said the process for cleaning resident rooms depended on if the resident was in the room or not. She said there were two methods of applying the disinfectant: it could be sprayed on or cloths could be soaked in a solution with the disinfectant. She said the disinfectant had a 10 minute surface disinfectant time. She said the housekeeper should spray or wipe the bathroom first and leave it so the solution would have time to sit. She said they should then clean the bedroom area. She said the housekeepers should not use a dry cloth after using the wet cloth, the solution should be allowed to dry naturally. She said high touch items included resident door handles, remotes, call light buttons, bathroom rails, wheelchairs, walkers, tables and drawer handles. She said the housekeepers should use one mop for the bathroom and one for the bedroom. She said it was the same with the cloths, one for the bathroom and one for the bedroom area. She said the housekeepers should not use the same mop head or the same cloth to clean the entire resident room. She said the housekeepers should change gloves between the bathroom and the bedroom. She said everything should be wiped down.
The infection preventionist (IP) was interviewed on 11/7/23 at 12:28 p.m. She said if the housekeeping staff did not change the mop head or cloths they would take germs from the bathroom into the bedroom, which could spread bacteria or viruses. She said the facility followed the recommendations on the disinfectant container. She said the recommendation on the container should be adhered to kill bacteria. She said the surface disinfectant times were listed on the bottle. She said during orientation the facility taught the staff where to find the disinfectant times.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Room Equipment
(Tag F0908)
Could have caused harm · This affected multiple residents
Based on observation and interviews, the facility failed to ensure essential equipment was in proper working order.
Specifically, the facility failed to ensure the pellet base heating elements were in...
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Based on observation and interviews, the facility failed to ensure essential equipment was in proper working order.
Specifically, the facility failed to ensure the pellet base heating elements were in safe condition.
Findings include:
I. Facility policy and procedure
The Equipment Maintenance and Repairs policy and procedure, revised January 2018, was provided by the regional registered dietitian (RRD) on 11/9/23 at 1:36 p.m. It read in pertinent part, Equipment will be maintained in working order. Equipment not in working order will be repaired/replaced.
Small equipment (blenders, toasters, microwaves) will be maintained in a safe, clean, and operable manner. Dietary staff and the dietary director will remove any equipment that is broken or not in working order. Equipment will be repaired or replaced.
Smallwares (bowls, cups, cutting boards, utensils, dishware) will be maintained in a safe, clean and operable manner. Smallwares will be removed from rotation when considered unfit for use and replaced as needed.
II. Observations
During continuous observation on 11/02/23 at 10:46 a.m. during the lunch meal preparation, there were several round, gray, pellet heating elements that accompanied the serving plates for meals that had large, between 0.5 inches and 4 inches, chips out of the edges.
At approximately 12:40 p.m. the test tray heating element had two large chips on either side of the element. The chips were approximately 0.5 inches and 2.5 inches.
On 11/6/23 at approximately 12:00 p.m. during the lunch meal it was observed that three of four opened plates had chipped heating elements. The two inch chipped portion of the heating element felt rough and slightly sharp to the touch on an emptied service tray.
On 11/7/23 at 3:02 p.m. during an interview with the dietary director (DD) after the lunch meal it was observed that there were approximately one dozen leftover plates over the steam table. The DD stacked seven heating elements which all had various sized chips, between one inch and four inches in them. The elements had between one and two chips each. The DD found an element with two chips, one was two and a half inches and the second was four inches and the DD threw it in the trash.
III. Interview
The DD was interviewed on 11/7/23 at 3:02 p.m. The DD said it was possible for a resident to get hurt on one of the heating elements because they could be sharp. She said the chipped elements were an ongoing problem. She said the heating element with two chips, that she had thrown away, should not have been in circulation and it should have been thrown away. She said the facility had ordered new elements but she was unsure when they would arrive.
MINOR
(C)
Minor Issue - procedural, no safety impact
Deficiency F0577
(Tag F0577)
Minor procedural issue · This affected most or all residents
Based on observations and interviews, the facility failed to ensure the residents had access to the results of the facility's most recent survey conducted by Federal or State surveyors over the past t...
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Based on observations and interviews, the facility failed to ensure the residents had access to the results of the facility's most recent survey conducted by Federal or State surveyors over the past three years of survey, to include survey findings and any plan of correction, in a place readily accessible to to residents, family members and legal representatives of residents.
Specifically, the facility failed to make survey results accessible.
Findings include:
I. Facililty policy
The Availability of Survey Results policy, revised November 2023, was provided by the regional resource nurse (RRN) on 11/8/23 at 11:18 a.m. It read in pertinent part: Place readily accessible is a place where individuals wishing to examine survey results do not have to ask to see them.
II. Resident group interview
The group interview was conducted on 11/2/23 at 12:57 p.m. with three residents (#1, #16 and #31) identified by assessment and the facility as interviewable. All three residents said they did know the location of the results from previous annual and complaint survey findings.
III. Observations and staff interviews
On 11/2/23 at 1:15 p.m., an observation was conducted throughout the facility. The survey findings book was not visible or easily accessible.
The director of nursing (DON) was interviewed on 11/2/23 at 1:43 p.m. She was not sure where the survey findings book was located. She went with a surveyor to the front lobby and asked the receptionist if she knew where the survey findings book was located. The receptionist located the survey findings book. It was in a magazine holder behind the receptionist. The desk was over five feet and someone in a wheelchair would not be able to access the survey findings book without asking for assistance. At that time, it was observed there was a sign on the wall next to the receptionist L shaped desk that said the survey findings book was available on the receptionist's desk. The sign was blocked by a stand alone hand sanitizer dispenser.
On 11/8/23 at 12:00 p.m., the survey findings book was in the same location. The RRN was notified.
By 11/8/23 at 1:30 p.m., the survey findings book was moved to a location that was readily accessible which was next to the receptionist desk.