CRITICAL
(J)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Immediate Jeopardy (IJ) - the most serious Medicare violation
Accident Prevention
(Tag F0689)
Someone could have died · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, interviews, and record review, and facility policy the facility failed to ensure each resident received t...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, interviews, and record review, and facility policy the facility failed to ensure each resident received the care and supervision necessary to avoid accident hazards for three (#47, #85 and #92) of seven residents reviewed for accident hazards out of 52 sample residents.
Specifically,
The facility failed to:
- Ensure Resident #47, who had severe cognitive impairment, received sufficient supervision to ensure safety while smoking on 2/13/23. Additionally, cigarette butts were not extinguished properly and placed in appropriate receptacles. A smoking blanket and smoking aprons were not readily available in the smoking area. Staff in the vicinity did not take action when a hot ash from the resident's cigarette fell into their lap after the resident burned themselves attempting to light one cigarette off of another; and,
- Provide adequate supports and supervision to prevent Resident #92 from eloping through a window on the memory care unit (MCU) on 10/6/22. The resident was located 17 minutes later approximately 0.68 miles from the facility. The facility responded by ensuring the windows of the MCU could not be opened wide enough to be used as an egress. However, the facility's system for monitoring the wander prevention system failed to identify alarms that were not working.
The extent of the facility's failure to provide adequate supports and supervision to avoid accident hazards related to smoking and elopement was likely to cause serious injury, harm, impairment, or death to residents.
The Administrator and Director of Nursing (DON) were notified of the immediate jeopardy situation on 2/15/23 at 9:30 a.m. and a plan to remove IJ was requested at that time. The Plan to Remove IJ was accepted by the State Survey Agency on 2/17/23 at 8:32 a.m. The IJ was removed on 2/17/23 at 5:52 p.m. after the survey team performed onsite verification that the Removal Plan had been implemented. Noncompliance remained at the lower scope and severity of a pattern of no actual harm, with potential for more than minimal harm that was not immediate jeopardy for F689.
Findings include:
I. Smoking
A. Policy
A review of a facility policy titled, Smoking Policy, revised 11/2022, revealed, It is the policy of this facility to provide to its' [sic] residents a safe smoking environment. It is also policy to provide those residents who choose to smoke a means in which to do so that does not jeopardize their safety or the safety of other residents residing in the facility. The policy did not indicate whether a Brief Interview for Mental Status (BIMS) score would be considered in the determination of supervision required.
B. Observations
Observations on 2/13/23 at 10:00 a.m. revealed two residents being supervised while smoking in the designated smoking area outside the MCU. There were cigarette butts on the cement, on the ground, in a salt bucket, in pots with dead plants, in a trash can filled with other trash, and in the two designated ashtrays. The emergency/fire blanket box was empty.
Observations on 2/13/23 at 11:05 a.m. of the smoking area located off the Montrose Unit revealed extinguished cigarette butts along the grass next to the sidewalk and fence in the area with posted No Smoking Area signs and in the grass around the patio portion of the designated smoking area.
Observation on 2/13/23 at 1:20 p.m. revealed three residents from the MCU (Residents #6, #200, and #42) were smoking with Activity Assistant (AA) #1's supervision. Resident #200 and Resident #42 discarded their cigarette butts in the proper containers, while Resident #6 threw their lit cigarette butt on the ground.
Observation on 2/13/23 at 1:55 p.m. revealed four of the six chairs in the smoking area outside the MCU had visible burn holes.
Resident #47 was observed on 2/13/23 at 2:10 p.m. sitting in a wheelchair in the designated smoking area attempting to light a cigarette with the butt of a lit cigarette. Resident #47 yelled, Ouch, and dropped the cigarette butt onto their lap. Resident #47 flicked the cigarette butt onto the ground. Cigarette ashes were observed in the fold of resident's pants in the groin area. The Business Office Manager (BOM) was standing by and walked over and picked up the cigarette butt from the ground near Resident #47's wheelchair but stated she was unaware that Resident #47 was trying to light a cigarette with another lit cigarette butt and confirmed there were ashes in the fold of resident's pants in the groin area that she was unaware of. Resident #47 then pulled a lighter from their jacket pocket and lit the remaining cigarette.
C. Record Review
A review of Resident #47's admission Record revealed Resident #47 had diagnoses including unspecified dementia, altered mental status, cognitive communication deficit, hemiplegia and hemiparesis (paralysis and weakness on one side of the body) following cerebral infarction (stroke) affecting the right dominant side, and unspecified lack of coordination.
A quarterly Minimum Data Set (MDS) dated [DATE] revealed Resident #47 had a BIMS score of 7, indicating severe cognitive impairment. The MDS indicated the resident used a wheelchair for mobility and required supervision and one-person physical assistance with locomotion on the unit and only supervision and set-up assistance with locomotion off the unit.
Review of Resident #47's care plan revealed a focus area, dated as initiated on 5/11/22, that indicated the resident was at risk for impaired cognitive function/dementia or impaired thought processes and presented with mild cognitive deficits including forgetfulness, confusion, poor impulse control, poor judgment, and short and long term memory loss. Further review revealed a focus area, dated as initiated on 4/21/2020, that indicated Resident #47 had the potential for injury related to smoking and being an independent smoker. The care plan indicated Resident #47 had a history of unsafe smoking habits, such as smoking in their room, but had responded well to education and safe smoking agreements and continued to safely smoke independently.
A review of Resident #47's Smoking Evaluation, dated 2/09/23, revealed no indication of cognitive impairment or dexterity problems and no need for adaptive clothing/devices/assistance. The document did not indicate whether the resident could smoke independently or required supervision.
A review of Resident #47's Smoking Evaluation, dated 2/13/23, revealed the resident had cognitive impairment and dexterity problems but had no need for adaptive clothing/devices/assistance. The document did not indicate whether the resident could smoke independently or required supervision.
D. Interviews
During an interview on 2/13/23 at 1:24 p.m., AA #1 revealed all the supervised smoking residents' smoking paraphernalia was kept in separate containers for each resident in a bag that was placed in an unsecured utility room on a shelf. AA #1 stated that during smoke breaks, the residents were provided with a cigarette and staff lit the cigarette for each resident. AA #1 stated when the residents were finished smoking, she told the residents to look for an ashtray in which to discard the cigarette butts. AA #1 stated she made sure to watch each resident discard their cigarette butts into the proper receptacles. AA #1 stated she was unaware that one of the residents smoking during the 1:00 p.m. smoke break threw their cigarette butt into the grass and not into a designated receptacle. She stated she was aware of all the cigarette butts on the ground in and around the patio area because that area was rarely clean. AA #1 stated she had reported this to nursing staff, but it had been a long time and she was unable to remember when or to whom she reported. AA #1 stated there was one resident who required the use of a smoking apron and there used to be an apron located in the smoking area, but it was no longer there, and she was not sure where the aprons were stored now. AA #1 stated all the residents assessed as independent smokers kept their own smoking paraphernalia on their person, and she was not sure if the facility provided locks for the residents to secure them. AA #1 stated staff did not supervise independent residents when they were smoking.
During an interview on 2/13/23 at 1:50 p.m., the Director of Life Safety stated he saw a lot of cigarette butts on the ground around the smoking area outside the MCU. He stated the maintenance director position was vacant, and he floated between different buildings, but the maintenance team was responsible for cleaning up the smoking areas weekly.
During an interview on 2/13/23 at 1:51 p.m., the Assistant Maintenance Director stated he only went out to the smoking area outside the MCU when the area needed attention from maintenance, which was not very often.
During an interview on 2/13/23 at 1:52 p.m., the Administrator stated he did not come out to the smoking area outside of the MCU very often and was unaware of all the cigarette butts on the ground. He indicated he did not know there was no fire blanket in the designated box.
During interviews on 2/13/23 at 1:55 p.m., the Administrator, the Director of Life Safety, and the Assistant Director of Maintenance stated they did not know there were burn holes in the chairs in the smoking area outside the MCU.
During an interview on 2/14/23 at 9:15 a.m., the Staffing Coordinator/Certified Nurse Aide (CNA) #13 revealed there were set times for smoke breaks for supervised smokers, at 7:00 a.m., 10:00 a.m., 1:00 p.m., and 4:00 p.m. She stated independent smokers could smoke whenever they chose. CNA #13 stated that restorative and activities staff were responsible for supervising the smokers. CNA #13 stated that all the supervised residents' smoking paraphernalia was stored on the units in designated drawers. CNA #13 stated the Kardex indicated which residents required supervision, and there was a list located on each unit at each nurses' station that indicated which residents were supervised and independent. CNA #13 was unable to state how many residents were supervised smokers and was only able to name three residents. CNA #13 stated during supervised smoking times, staff took the residents' smoking paraphernalia to the smoking areas. CNA #13 stated staff handed residents their cigarettes and would light the cigarette for the resident and remain outside with the residents while they smoked, to ensure the butts were disposed of properly. CNA #13 stated there were no residents that required the use of a smoking apron, but she was unable to state where the aprons were located if a resident did require the use of one. CNA #13 stated she had seen them in the past, located on other units, but was not sure if they were there now. CNA #13 stated there were some staff that smoked in the smoking areas, but staff should notify maintenance if they observed discarded butts on the ground. CNA #13 stated she was familiar with Resident #47, and in her opinion, the resident was not a safe smoker. CNA #13 stated Resident #47 would light cigarettes in the facility and was not safe holding a cigarette when agitated. CNA #13 stated Resident #47 would wave the lit cigarette around. CNA #13 stated she was aware Resident #47 was evaluated as a safe independent smoker, but she thought the resident should be supervised. CNA #13 stated she thought staff kept the residents' smoking paraphernalia in a drawer at the nurses' station.
During an interview on 2/14/23 at 9:35 a.m., Registered Nurse (RN) #18 revealed he did not think Resident #47 should be an independent smoker because the resident was noncompliant, and the resident's dexterity was not good. RN #18 stated staff kept Resident #47's cigarettes, but the resident was allowed to keep their lighter. RN #18 stated that Resident #47 was very sneaky and would get cigarettes from other residents and family. RN #18 stated staff tried to keep an eye on Resident #47 but unfortunately, the resident was not assessed to require supervision and had been assessed to be an independent smoker.
During an interview on 2/14/23 at 9:46 a.m., AA #26 revealed the interdisciplinary team (IDT) completed the smoking assessments that identified which residents required supervision when smoking, and there was a list located at each nurses' station and on the wall in the activities room. AA #26 stated the list indicated which residents were independent and which required supervision, along with the smoking times. AA #26 stated the activities department was responsible for supervising at 10:00 a.m., 1:00 p.m., and 4:00 p.m., but AA #26 was unsure if there was an actual list that stated which staff were responsible for supervising smoking. AA #26 stated Resident #47 was an independent smoker, and she had never observed anything concerning but she did not observe Resident #47 smoking since the resident was independent. AA #26 indicated staff kept Resident #47's cigarettes, but she was unsure about the lighter. AA #26 stated cigarette butts were monitored when staff were outside, and that staff should be ensuring the cigarette butts were picked up. AA #26 stated the reason there were so many butts on the ground was because it was hard to keep it up and that the residents were noncompliant. AA #26 stated she thought the residents needed to be reeducated all the time about properly disposing of the cigarette butts and that no staff were required to be present when the independent smokers were smoking.
During an interview on 2/14/23 at 10:52 a.m., the Admissions Coordinator revealed he had completed training related to smoking on 2/13/23. He stated the training went over the expectation that staff should monitor residents and ensure they were safe while smoking. The admission Coordinator stated he received an email that morning notifying him that he would be required to monitor smoking from 10:00 a.m. until 12:00 p.m. that day. The Admissions Coordinator stated he was supposed to remain outside for the entire two-hour period and that the Business Office Manager was there before him from 8:00 a.m. until 10:00 a.m. The Admissions Coordinator stated another staff would be there from 12:00 p.m. until 2:00 p.m. The admission Coordinator stated during the training staff were provided with a list that identified which residents were to be supervised while smoking and which were independent. The Admissions Coordinator stated he would not be able to identify all residents by their face so he would need to look in the electronic health record to determine who they were. He was unable to state how he would know their name to look them up if he did not recognize their face, then stated he would ask another staff. The Admissions Coordinator stated supervised smokers' cigarettes were kept at the nurses' station, but he was not sure about the lighters. The admission Coordinator indicated he observed Resident #79 light their own cigarette and asked the resident about that. He stated the resident told him they had their own lighter. The admission Coordinator stated he was not aware that the resident was not supposed to have their own lighter. He indicated he never asked the resident to provide the lighter to him and he did not report that to anyone.
During an interview on 2/14/23 at 1:56 p.m., the Director of Nursing (DON) revealed that upon admission and quarterly, nursing staff completed the admission Smoking Assessment and that the activities staff and social services helped make sure the residents had cigarettes. The DON stated the activities staff would let nursing staff know if they observed anything during smoke breaks that would require another assessment to be completed. The DON stated that staff would make one smoking observation of the resident to complete the smoking assessment. The DON stated she observed Resident #47 smoke yesterday evening and had never observed the resident doing anything unsafe during smoking. The DON stated she had spoken with other staff about Resident #47 but none of them identified any concerns. The DON stated there was no documentation of where or how the information was obtained to complete the smoking assessments. The DON stated she had heard that something had occurred the previous day when Resident #47 was smoking but she was unsure of what specifically occurred and that she was unaware that several staff interviewed stated they did not think Resident #47 was a safe smoker. The DON stated another smoking assessment would be completed on Resident #47. The DON also stated the smoking list had been updated and that Resident #79 was moved to supervised smoking, with staff to have possession of the resident's cigarettes and lighter.
During a follow-up interview on 2/17/23 at 9:57 a.m., the BOM revealed there was training related to smoking anytime there was a change in policy, or a change in the number of smokers, and the last update was on 2/15/23. The BOM stated the last training prior to that was a couple months previously in 2022 but she was unsure of the date. The BOM stated there were supervised and independent smokers and there was a list that identified which residents were to be supervised, which was located at each nurses' station and was updated anytime there was a change. The BOM stated the independent smokers were allowed to smoke whenever they wanted and were allowed to keep their own cigarettes and lighters, but the supervised smokers would go out at 7:00 a.m., 10:00 a.m., 1:00 p.m., 4:00 p.m., 7:00 p.m., and 10:00 p.m., but that was changed to 10:45 p.m The BOM stated that all the supervised smokers' paraphernalia was kept by staff and that the nurses would get the residents' cigarettes and take them out and staff would light the residents' cigarettes for them. The BOM also stated that staff should take the cigarette butts from the residents and dispose of them properly in the ashtrays. She indicated if staff observed a resident discard their cigarette butt on the ground, they should pick it up and dispose of it in the ashtray. The BOM stated maintenance completed weekly ground checks and was responsible for keeping the ashtrays clean and the grounds cleared, but she was not sure who was responsible for checking to ensure the emergency fire blanket and aprons were available at each of the smoking areas. The BOM indicated she was unable to show the surveyor where the aprons were located because she was not sure. The BOM also stated she was not sure if staff ever made random observations of the independent smokers to ensure they were still smoking safely.
During an interview on 2/17/23 at 12:25 p.m., the Maintenance Aide (MA) revealed it was his responsibility to ensure the smoking areas were free of cigarette butts on the ground, that the emergency fire blankets were stored at each smoking area, and to empty the ashtrays and trash cans. The MA stated that was completed on Wednesday or Friday of each week. He stated he had completed the task in the main smoking area on 2/13/23 (a Monday) but forgot to check the smoking area located outside the MCU. The MA stated the last time the MCU smoking area checks were completed was on Wednesday, 2/01/23, but there was no documentation of the check that day or of any of the weekly checks. The MA stated residents should not be discarding lit cigarette butts on the ground, that the residents on the MCU were supposed to be supervised, and that staff should have been disposing of the residents' cigarette butts. The MA stated he had been informed by staff that this was an issue, but only on one occasion. The MA indicated he did not know what happened to the missing emergency/fire blanket outside the MCU, but he had not been checking to ensure it was there prior to the survey.
During an interview on 2/17/23 at 1:44 p.m., the DON revealed the nurses were trained on completing the initial smoking assessment and should complete at least one observation of a resident smoking as part of the assessment, but this was not documented. The DON stated nursing, activities, and social services staff were responsible for completing these assessments. The DON stated nursing staff did the initial assessment, and activities staff or social services staff would complete the assessment post-admission. The DON indicated staff should ensure all residents who required supervision during smoking were alert and that all their smoking paraphernalia was held by staff. The DON stated there was a list of supervised and independent smokers located at each nurses' station and the activities staff should have their own list. The DON stated staff would provide each supervised resident a cigarette and light it for them. The DON indicated staff should observe residents smoking and assist those residents with properly disposing of the cigarette butts as needed. The DON stated staff observing the supervised smokers should ensure the proper disposal of the cigarette butts. The DON stated that if staff were supervising appropriately, there should not have been any discarded cigarette butts on the ground and that maintenance should ensure there was no accumulation of cigarette butts. The DON stated probably a lot of staff had been smoking and discarding their butts on the ground. The DON stated staff would make random observations of the independent smokers, or if there were concerns, but otherwise staff were not observing independent smokers. She stated there should have been another observation of each resident when their quarterly smoking assessment was completed. The DON stated that staff redirected supervised residents when they tried to get cigarettes from other residents and should have been going into the independent smoking area to ensure there were no supervised smokers out there without supervision, The DON stated she would have expected the BOM to intervene when Resident #47 dropped the cigarette on themselves.
During an interview on 2/17/23 at 3:45 p.m., the Administrator revealed he expected all smoking assessments to be completed as accurately as possible. He indicated staff were supervising residents who required supervision, based on what was in the smoking policy and according to their training. The Administrator stated ideally, there should not have been residents discarding cigarette butts on the ground, and staff who were present should have been picking them up. The Administrator indicated discarded lit cigarette butts were not sanitary and were not safe due to being a possible fire hazard. The Administrator stated maintenance should have been completing routine rounds, cleaning up any discarded cigarette butts, and disposing of them properly. He revealed he would have expected staff to intervene if any resident had visible ashes on their clothing or when a resident dropped a lit cigarette on themselves. He also stated he expected maintenance to complete their weekly rounds to ensure fire safety blankets were located at each smoking area and that staff were making rounds of smoking areas throughout the day to ensure resident safety and well-being.
II. Elopement
A. Policy
Review of a facility policy titled, Elopement, dated 11/2022, indicated, It is the policy of this facility to investigate and report all cases of missing residents. Staff shall promptly report any resident who tries to leave the premises or is suspected of being missing to the Charge Nurse or DON [Director of Nursing] or designee. If resident not located, notify the Administrator and DON, the resident's legal representative, and law enforcement officials. Provide search teams with resident information. When a departing individual returns to the facility, the Charge Nurse shall examine the resident for injuries and to notify attending physician.
B. Record review
1. Resident 92
A review of Resident #92's admission Record revealed the facility admitted the resident with diagnoses that included dementia with behavioral disturbance and agitation, cognitive impairment, and encephalopathy (a disease that affects brain structure or function and causes an altered mental state and confusion). A review of Progress Notes, dated 10/3/22, revealed Resident #92 was admitted to a room on an unsecured hall with the diagnosis of dementia and was identified to be at risk for elopement.
A review of an Elopement/Wandering Evaluation, dated 10/3/22, revealed Resident #92 had dementia, ambulated independently, was disoriented, and had the potential to go outside with active exit-seeking behavior.
An admission Minimum Data Set (MDS), dated [DATE], revealed Resident #92 had a Brief Interview for Mental Status (BIMS) score of 3, indicating the resident was severely cognitively impaired. The MDS indicated the resident did not exhibit wandering behaviors. According to the MDS, the resident required only supervision and set-up assistance with locomotion on and off the unit and did not use a mobility device.
A review of Resident #92's Care Plan, dated as initiated on 10/04/22 and revised on 10/6/22, revealed Resident #92 was an elopement risk related to wandering aimlessly with exit seeking. The care plan indicated the resident had failed attempts with a wandering alert bracelet and was transitioned to the secured unit. Interventions included to assess for fall risk, disguise exits, distract the resident from wandering by offering music, juggling, nutrition, and exercise, document wandering behaviors and attempted diversional interventions, and identify wandering patterns.
A review of Progress Notes, dated 10/4/22, revealed Resident #92 was placed on a wandering alert bracelet on 10/3/22 due to signs of exit seeking. The notes indicated on 10/4/22, Resident #92 attempted to leave the facility through a fire door in the dining room. Staff were alerted and redirected Resident #92 back into the facility.
A review of Resident #92's Progress Notes, dated 10/5/22, revealed Resident #92 was transferred to the MCU due to exit-seeking behavior with attempts to get out of the facility. The wandering alert bracelet proved to be ineffective, so the facility transitioned Resident #92 to the MCU per their family member's request, to avoid Resident #92 going to the hospital for behaviors.
A review of Resident #92's Secure Neighborhood Placement Evaluations, dated 10/5/22, revealed Resident #92 wandered throughout the facility with a wandering alert bracelet and attempted to climb the fence in the smoking areas.
A review of Resident #92's Progress Notes, dated 10/6/22, revealed Resident #92 climbed through a window of another resident's room on the MCU at 3:49 p.m. and went over the fence of a courtyard. At 3:50 p.m., staff were directed on the elopement and separated in different directions in order to search for Resident #92. Resident #92 was found ambulating on the street at 4:01 p.m. and was transported back to the facility, with no injuries noted. Resident #92's family member was notified of the incident and preferred medication adjustments, refusing to have Resident #92 sent to the emergency room.
A review of the Initial Report for Facility, dated 10/6/22, revealed Resident #92 climbed through a window of another resident's room on the MCU at 3:49 p.m. and jumped the fence. A Code Pink was called to the MCU at 3:50 p.m., and all staff were directed on elopement and where to search. The interdisciplinary team (IDT) members separated and went in different directions away from the facility. Resident #92 was oriented to self only, confused, had impaired memory, wandered, and was admitted within the last 72 hours. Facility staff found Resident #92 down the street at approximately 4:01 p.m.
A review of the facility's Missing Person incident investigation, dated 10/6/22, revealed Resident #92 climbed through a window of another resident's room on the MCU at 3:49 p.m. and jumped the fence. Facility staff found Resident #92 on the street, 0.68 miles from the facility, at approximately 4:01 p.m. with no injuries noted. Resident #92 was missing from the facility for approximately 17 minutes. The police, ombudsman, physician, and responsible party were notified. The facility placed Resident #92 on frequent checks and continued placement on the MCU per the family, physician, and facility recommendation.
2. Resident #85
A review of Resident #85's care plan, initiated on 01/11/23, revealed the resident was a high risk for elopement/wanderer related to impaired safety awareness and dementia.
A review of Resident #85's Elopement Risk Assessment, dated 11/26/22, revealed Resident #85 scored 24, indicating a high risk for elopement.
3. Monitoring records
A review of a list dated 2/13/23, of residents with wandering alert bracelets, revealed two residents who were not on the MCU had the bracelets, one of whom was Resident #85.
Multiple observations during the survey conducted from 2/13/23 to 2/17/23 revealed Resident #85 walking up and down unsecured hallways and standing close to exit doors, talking about going on a trip to the mountains without direct staff supervision.
A review of the Resident Monitoring Systems: Check operation of door monitors and patient wandering system, dated October 2022 to February 2023, revealed:
- 10/13/22: five doors were checked, all passed.
- 10/16/22: two doors were checked, both passed.
- 10/26/22: five doors were checked, all passed.
- 11/7/22: six doors were checked, all passed.
- 12/1/22: six doors were checked, all passed.
- 12//22: four doors were checked, all passed.
- 01/10/23: all seven doors were checked, all passed.
- 01/17/23: all seven doors were checked, all passed.
- 2/3/23: four doors were checked, all passed.
C. Observations
Observation on 2/13/23 at 1:20 p.m. revealed Resident #92 asking to get out the exit door to the MCU courtyard and pushing buttons on the keypad next to the door.
Observation on 2/14/23 at 12:11 p.m. revealed the Assistant Maintenance Director testing the facility's wandering alert system at six of the seven exit doors. The exit door to the side smoking area did not lock when the Assistant Maintenance Director opened the door with a wandering alert device in hand.
D. Interviews
During an interview on 2/14/23 at 9:53 a.m., Certified Nursing Assistant (CNA) #2 stated she was doing her routine rounds on 10/06/22 when she noticed Resident #92 was no longer in the MCU's common area. CNA #2 then stated she checked each room and noticed a window open in another resident's room. CNA #2 immediately notified Licensed Practical Nurse (LPN) #3, who then initiated a search for Resident #92.
During an interview on 2/14/22 at 10:04 a.m., LPN #3 stated Resident #92 climbed out of another resident's room window on the MCU. LPN #3 immediately notified the DON, the facility called a Code Pink, and staff immediately started searching for Resident #92.
During an interview on 2/14/23 at 10:18 a.m., the DON stated Resident #92 started exit-seeking once admitted to the facility, so staff placed a wandering alert bracelet on the resident. Resident #92 continued to exhibit exit-seeking behaviors, so in coordination with the provider and Resident #92's family member, it was determined to place Resident #92 on the MCU. In October 2022, Resident #92 climbed out a window and jumped the fence of a secured outdoor area. Once LPN #3 notified her that Resident #92 had eloped, a Code Pink was called, and facility staff went in different directions from the facility to search. The DON indicated staff found Resident #92 down the street from the facility. The DON stated maintenance put stoppers on the windows of the MCU to prevent them from completely opening to prevent future elopements.
During an interview on 2/14/23 at 10:50 a.m., LPN #3 stated Resident #92 had dementia with confusion and was not safe on the street on their own.
During an interview on 2/14/23 at 12:04 p.m., the Physician's Assistant (PA) stated he had followed Re[TRUNCATED]
CONCERN
(D)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Safe Environment
(Tag F0584)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview, record review, and facility policy review, the facility failed to provide a comfortable and homelike environ...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview, record review, and facility policy review, the facility failed to provide a comfortable and homelike environment for 1 (Resident #92) of 3 sampled residents who resided on the Memory Care Unit (MCU). Specifically, staff placed a mattress on the floor of the MCU's common area for Resident #92 because a room was not available in the MCU until the next day.
Findings included:
Review of a facility policy titled, Resident Environmental Quality, dated 2022, indicated, It is the policy of this facility to be designed, constructed, equipped, and maintained to provide a safe, functional, sanitary and comfortable environment for residents, staff and the public.
A review of Resident #92's admission Record revealed the facility admitted the resident on 10/03/2022 with diagnoses that included unspecified dementia with behavioral disturbance and agitation, cognitive impairment, encephalopathy, and altered mental status (AMS).
An admission Minimum Data Set (MDS), dated [DATE], revealed Resident #92 had a Brief Interview for Mental Status (BIMS) score of 3, which indicated the resident was severely cognitively impaired. According to the MDS, the resident did not exhibit a behavioral symptom of wandering.
A review of Resident #92's Care Plan, dated as initiated on 10/04/2022 and revised on 10/06/2022, indicated the resident wandered aimlessly, exhibited exit-seeking behaviors, and was transitioned to the secured unit. Further review of Resident #92's Care Plan revealed a focus statement, dated as initiated on 10/06/2022 and revised 11/09/2022, which indicated the resident was resistive to care related to adjustment to the nursing home, wandered, and chose to sleep on various surfaces throughout the unit. Additionally, a focus statement dated as initiated 10/10/2022 revealed the resident had a behavior problem of wanting to lie/sit on the floor.
Review of a Nursing Progress Note Late Entry, dated 10/04/2022 at 8:30 PM, indicated a perimeter security device was initiated for Resident #92 on 10/03/2022 because the resident was showing signs of exit-seeking. Additionally, the note indicated the Director of Nursing (DON) spoke to the resident's family member about moving Resident #92 to the MCU when a room became available in two days.
A review of an Interdisciplinary Team (IDT) Progress Note Late Entry, dated 10/05/2022, indicated Resident #92 was transferred to the MCU due to exit-seeking behavior with attempts to leave the facility. A review of census information in the facility's electronic health records software revealed Resident #92 was admitted to a room in the MCU the following day, on 10/06/2022.
A review of a Nursing Progress Note, dated 10/06/2022, revealed Resident #92 had been homeless for years and was accustomed to sleeping on the floor. Staff were to encourage Resident #92 to not sleep directly on the floor and to choose a different surface, such as a mattress on the floor, to meet their preference.
Review of Care Conference Notes, dated 10/06/2022, revealed the facility held a care conference with Resident #92's family member and discussed concerns related to Resident #92's continued exit-seeking behavior and attempts to sleep on the floor intermittently throughout the units and building. The care conference also addressed moving Resident #92 into a private room on the MCU to decrease stimulation and plans to place the resident's mattress on a bed frame rather than the floor. The facility discussed with Resident #92's family member their concerns with keeping Resident #92 safe, and the family member expressed appreciation that the facility moved Resident #92 to the common area of the MCU until a bed in a room was available. Resident #92's family member reiterated to not send Resident #92 to the hospital if possible because that increased the resident's confusion.
A review of the facility's reportable incident investigation, dated 10/06/2022, revealed the Administrator received an anonymous report that staff had been instructed to have Resident #92 sleep on a mattress on the floor in the common area of the MCU. MCU staff and residents were interviewed following the allegation. Resident #92 indicated that due to their prior living situation, they preferred to sleep and spend time on the floor. Upon admission to the facility, Resident #92 attempted to lie on the ground on other units, refused to be redirected back to their assigned room, and wandered throughout the facility with exit-seeking behaviors. Facility staff with family coordination decided to place Resident #92 in the MCU for safety due to the resident's wandering and exit seeking behavior, but a room would not become available until the next day. Resident #92's family member was aware the facility placed a mattress on the floor of the MCU in the line of sight of staff for safety.
Review of a written statement dated 10/06/2022 and signed by Licensed Practical Nurse (LPN) #3 indicated the certified nursing assistants (CNAs) informed him that the mattress was placed on the floor in case Resident #92 chose to lie down.
Review of a written statement dated 10/06/2022 and signed by Certified Medication Aide (CMA) #12 revealed Resident #92 did not sleep on the mattress in the common area but sat on the mattress for five minutes and would not sit anywhere or stop pacing.
During an interview on 02/16/2023 at 9:20 AM, LPN #3 stated that when Resident #92 first came to the MCU there was not an open room, so staff provided a mattress on the floor of the common area for Resident #92. LPN #3 further stated he came in the next day and saw the mattress on the floor, but he never saw Resident #92 sleeping on the mattress. LPN #3 then stated he thought they moved two residents out of the MCU to make room for Resident #92, but he did not know which residents were moved.
During a follow-up interview with LPN #3 on 02/16/2023 at 10:15 AM, the LPN stated he did not think it was appropriate to place a mattress on the floor of a common area for a resident to sleep on. LPN #3 further stated the mattress was on the floor of the MCU for Resident #92 for only one night. The next day, they rearranged residents so Resident #92 could have a room.
During an interview on 02/16/2023 at 10:18 AM, CNA #13 stated providing a mattress on the floor of the MCU's common area was not appropriate and it would be concerning to her if she saw a resident's mattress there.
During an interview on 02/16/2023 at 1:35 PM, CNA #14 stated she did not think it was appropriate to place a mattress on the floor of the MCU common area because that was not good for the resident.
During an interview on 02/16/2023 at 2:50 PM, the Admissions Coordinator stated the facility supplied a mattress, bed frame, side table, bedside table, television, and closet to each resident when admitting a resident to a room. The Admissions Coordinator indicated if facility staff opted to place a mattress directly on the floor instead of a bed frame, this should be care planned. The Admission's Coordinator then stated it was not appropriate to place a mattress on the floor in a common area because that was a resident dignity and privacy issue. He further stated resident care needed to be provided and it was not appropriate to provide that in a common area.
During an interview on 02/16/2023 at 4:15 PM, the Maintenance Aide stated that when Resident #92 was admitted to the MCU, there was not a room available. Resident #92 had a mattress on the floor in the common area for only that one night. The Maintenance Aide did not put the mattress there, but he did pick it up the following day. He further stated that staff normally placed females with female roommates and males with male roommates, so they switched out a couple residents to make room for Resident #92. The Maintenance Aide then stated it was not appropriate to have a resident sleep on a mattress on the floor of a common area. Residents should have a room, but they did not have one available for Resident #92 on the MCU that night, so they put the mattress in the common area.
During an interview on 02/17/2023 at 1:45 PM, the DON stated she expected staff to respect resident rights and privacy because the facility was their home. The DON then stated if a resident was lying on the ground in a common area, staff would put a mattress on the ground in the common area but did not intend for Resident #92 to live in the common area. The DON indicated the mattress was placed on the floor in the common area for Resident #92 because the resident was trying to lie on the floor, not because there was no room for the resident.
During an interview on 02/17/2023 at 3:45 PM, the Administrator stated he expected staff to adhere to the education they received about honoring resident rights and privacy. The Administrator further stated it would only be appropriate to place a mattress on the floor of the common area for a resident if it was the wishes of the resident or family, and it should be care planned. The Administrator further stated a mattress should not be placed on the floor for staff convenience.
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0801
(Tag F0801)
Could have caused harm · This affected most or all residents
Based on interview, record review, and facility document review, the facility failed to ensure the employee performing the Registered Dietitian (RD) role and signing resident assessments as an RD was,...
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Based on interview, record review, and facility document review, the facility failed to ensure the employee performing the Registered Dietitian (RD) role and signing resident assessments as an RD was, in fact, registered as a dietitian with the Commission on Dietetic Registration (CDR). This had the potential to affect all 96 residents.
Findings included:
A review of the Colorado Revised Statues Title 6. Consumer and Commercial Affairs § 6-1-707. Use of title or degree-deceptive trade practice, dated 01/01/2019, revealed, (1) A person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person: (a)(I) Claims either orally or in writing, to possess either an academic degree or an honorary degree or the title associated with said degree, unless the person has, in fact, been awarded said degree from an institution. (b) Claims either orally or in writing to be a dietitian, dietician, certified dietitian, or certified dietician or uses the abbreviation C.D. or D to indicate that such person is a dietitian, unless such person: (II) Meets one of the following: (A) Completes at least nine hundred hours of a planned, continuous, preprofessional work experience in a nutrition or dietetic practice under the supervision of a qualified dietitian; or holds a certificate of registered dietitian through the commission on dietitian through the commission on dietetic registration.
A search for evidence of the Dietitian's registration status on the CDR website revealed, No individuals in the CDR database who are credentialed and match the information provided.
A review of a facility document titled, Job Description Dietitian, dated 12/27/2019, revealed, The primary purpose of your job position is to plan, organize, develop, and direct the overall operation of the Dietary Department in accordance with current federal, state, and local standards, guidelines, and regulations governing our facility.
A review of the facility's undated employee roster revealed Registered Dietician next to the Dietitian's name.
A review of an undated letter from the CDR revealed the Dietitian was eligible to take the registration examination for dietitians on 12/05/2019.
A review of an undated nutrition summary for Resident #300 revealed the Dietitian signed with a handwritten signature and wrote RD next to her signature. A review of Resident #300's Nutrition Evaluation, dated 08/25/2022, revealed the Dietitian electronically signed the assessment with RD next to her name.
A review of Resident #43's Nutrition Evaluation, dated 01/09/2023, revealed the Dietitian electronically signed the assessment with RD next to her name.
A review of Resident #86's Nutrition Evaluation, dated 01/16/2023, revealed the Dietitian electronically signed the assessment with RD next to her name.
During an interview on 02/16/2023 at 4:24 PM, the Dietitian Resource stated he was new to the role of Dietitian Resource, and the facility's Dietitian had been eligible to take the RD examination since 2019. The Dietitian Resource stated he was not sure why the Dietitian had not yet been registered but thought she had taken the test a couple of times.
During an interview on 02/17/2023 at 10:53 AM, the Dietitian stated she started as the Dietitian in March of 2020 and was eligible to take the RD exam since December 2019. The Dietitian further stated she was not an RD and had taken the exam to become registered four or five times but had not yet passed. The Dietitian further stated she never received clarification on what she could and could not do since she was not registered and was never told not to put RD after her name when completing assessments. The Dietitian further stated no other RD who was registered was signing off or reviewing her assessments and notes.
During an interview on 02/17/2023 at 1:45 PM, the Director of Nursing (DON) stated she knew the Dietitian was not an RD but did not know the Dietitian was signing assessments with the RD credential next to her name. The DON further stated it was not appropriate to sign the medical record with an invalid credential.
During an interview on 02/17/2023 at 3:45 PM, the Administrator stated he expected his staff to work under the proper credentials. The Administrator further stated he knew the Dietitian was not registered but was not aware that she was documenting the RD credentials next to her name. The Administrator then stated it was not appropriate to sign assessments and notes with an invalid credential.
The facility's policy and procedures titled, Registered Dietitian/Qualified Dietitian, revised March 2019, specified, Policy: It is the policy of this facility that the dietary department is under the supervision of a registered dietitian or qualified dietitian as defined by CMS [Centers for Medicare & Medicaid Services] regulations.
Procedures: 1. The dietary department is under the supervision of a registered dietitian or qualified dietitian. A registered dietitian or qualified dietitian is one who is qualified based upon: A. Holds a bachelor's or higher degree granted by a regionally accredited college or university in the United States (or an equivalent foreign degree) with completion of the academic requirements of a program in nutrition or dietetics accredited by an appropriate national accreditation organization recognized for this purpose. B. Has completed at least 900 hours of supervised dietetics practice under the supervision of a registered dietitian or nutrition professional. C. Is licensed or certified as a dietitian or nutrition professional by the State in which the services are performed. In a State that does not provide for licensure or certification, the individual will be deemed to have met this requirement if he or she is recognized as a registered dietitian by the Commission on Dietetic Registration or its successor organization, or meets the requirement of paragraphs listed above.
2. The dietitian is responsible for overseeing, but not necessarily limited to: A. Assessing nutritional needs of geriatric and physically impaired persons; B. Developing therapeutic diets' C. Developing regular diets to meet the specialized needs of geriatric and physically impaired persons; D. Developing and implementing continuing education programs for dietary services and nursing personnel; E. Participating in interdisciplinary care planning; F. Budgeting and purchasing food and supplies; and G. Supervising food preparation, dietary sanitation and regulatory compliance.
Note: Support staff work under the supervision of the registered dietitian (RD) or qualified dietitian. Support staff include dietetic technicians registered (DTR), nutrition associates (four year degree in nutrition/dietetics), certified dietary managers (CDM), chef, food service managers, etc. The RD or qualified dietitian may delegate certain tasks based on the scope of practice and competency level of each member of the nutrition team.