SERIOUS
(G)
Actual Harm - a resident was hurt due to facility failures
Free from Abuse/Neglect
(Tag F0600)
A resident was harmed · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** IV. Physical abuse between Resident #49 and #50
Resident #49 and Resident #50 were a married couple who were residing in the sam...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** IV. Physical abuse between Resident #49 and #50
Resident #49 and Resident #50 were a married couple who were residing in the same room on E Hall at the time physical abuse between the two occurred on 7/28/21.
A. Resident #49
1. Resident status
Resident #49, age [AGE], was admitted on [DATE]. According to the August 2021 computerized physician orders (CPO), diagnoses included generalized anxiety, major depression, delusional disorder, insomnia, restless leg syndrome, glaucoma and sensorineural hearing (extremely hard of hearing).
The 7/1/21 minimum data set (MDS) assessment revealed the short-term memory was not coded and the long-term memory coded the resident had deficits. She was moderately impaired for daily decision making. There was no brief interview for mental status (BIMS) score completed on this MDS.
This MDS documented the resident displayed physical behaviors directed towards others, verbal behaviors directed towards others and behaviors not directed towards others during one to three days during the seven-day lookback period. She received seven days of anti-anxiety medications and hypnotics during the seven-day lookback period.
The MDS documented the resident required extensive assistance of one for bed mobility, transfers, ambulating in her wheelchair, dressing, eating, toileting, personal hygiene and bathing.
2. Record review
The care plan dated 7/7/21 related to mood documented Resident #49 had the potential for mood decline as evidenced by accusatory screaming, calling out and being difficult to redirect. It documented the resident was vision and hearing impaired, which exacerbated the resident's anxiety. Her spouse reported the resident had made negative comments as her health declined. It documented the resident yelled out comments such as Is there arsenic in those pills, there should be, Just shoot me, or You're abusing me when staff was providing proper care, when someone just entered the room or when no one was in her room at all. It documented the resident was physically aggressive, hit staff during care and was difficult to redirect. On 7/19/21, this care plan was updated to reflect the resident had been started on Sertraline (medication) for anxiety and depression. On 8/4/21, this care plan was updated to reflect the resident had been ordered Seroquel for a new diagnosis of delusional disorder. Interventions included investigating allegations of abuse or concerns as appropriate.
-The care plan was not updated on 7/28/21 in relation to a physical altercation between Resident #49 and her husband, Resident #50.
The care plan dated 7/7/21 related to psychosocial well-being documented Resident #49 continued to have difficulty adjusting from the community to long term care status with increased episodes of anxiety, resulting in verbal outbursts which were disruptive towards other residents and may be impacting the resident's psychosocial well-being. This care plan was updated on 7/28/21 and documented, Due to increased potential for physical and verbal aggression towards spouse, they are no longer rooming together which decreases their time together. Interventions included encouraging participation in activities of interest, introduce Resident #49 to others with similar interests and encourage and provide individualized activities for the resident's room as needed.
The care plan dated 7/7/21 related to behavior documented Resident #49 was irritable and had episodes of physical aggression. It documented she reached out, attempting to grab or touch anyone that was near, such as her spouse. It documented Resident #49 and her spouse would argue at times and would push each other's hands away, resulting in staff visibly seeing the residents' irritation with each other. The resident's spouse stated this was Resident #49's baseline anxiety due to her sensory impairments. It documented Resident #49 was verbally aggressive as evidenced by the resident screaming and yelling at staff. It documented she was demanding with unrealistic expectations of staff. She screams ouch and help as an anticipatory response to any ADL (adult daily living) or request for assistance. It documented, on 7/21/21, Resident #49 entered into a behavioral agreement to ensure the safety and dignity of others. She agreed to be respectful towards staff and to no longer spit, throw items at, scream while proper care was being provided, threaten to harm others and to use the call light instead of screaming and yelling. It was updated on 7/28/21 and documented physical aggression towards her spouse, resulting in injury to both Resident #49 and her spouse, Resident #50. It documented visits with her spouse would be monitored for safety as needed.
B. Resident #50
1. Resident status
Resident #50, age [AGE], was admitted on [DATE]. The August 2021 CPO documented the resident's diagnoses included chronic kidney disease, type II diabetes mellitus and history of transient ischemic attack (stroke).
The 7/6/21 MDS assessment revealed the resident had a BIMS score of 14 out of 15 and was cognitively intact for daily decision making. It documented the resident displayed physical behaviors towards others during one to three days during the seven-day lookback period He required limited assistance from one for ambulating with his walker. He required extensive assistance of one for bed mobility, transfers, dressing, toileting and personal hygiene.
2. Record review
The care plan dated 7/7/21 related to psychosocial well-being documented Resident #50 had the potential for impaired psychosocial well-being and/or adjustment problems related to recent lifestyle changes, as he was used to caring for his spouse with minimal interaction with others, as the two were rooming together. This care plan was updated on 7/28/21 and documented that due to the increased potential for physical and verbal aggression towards his spouse, they are no longer rooming together, which decreased their time together.
The care plan dated 7/7/21 related to behavior documented Resident #50 had episodes of irritation towards others, which could lead to physical aggression such as hitting a staff member's hand away while they were trying to assist him. It documented he also pushed his spouse's hand away while she was trying to reach or grab out towards him. This care plan was updated on 7/28/21 and documented there was physical aggression towards his spouse, resulting in injury to both Resident #50 and Resident #49. It documented Resident #50 was immediately transferred to a different room following the physical abuse altercation between the two. It documented an intervention of visitation with his wife to be observed for safety as needed.
C. Initial facility investigation
The facility's abuse investigation related to the resident to resident physical abuse between Resident #49 and Resident #50 was provided by the social services director (SSD) the morning of 8/24/21.
The investigation documented a physical abuse investigation was filed on the State Agency related to resident to resident abuse between Resident #49 and Resident #50. This incident was reported to the State Agency on 7/28/21 by the social services director (SSD) at 10:00 p.m. Resident #49 and Resident #50 were spouses who resided together on E Hall. This physical abuse occurred in Resident #49's and Resident #50's room on 7/28/21 at 8:40 p.m. The facility's abuse investigation documented a certified nurse aide (CNA) heard Resident #49 calling out, Help me, help me, so the CNA walked into their room and heard both residents yelling at each other. Resident #49 was calling out for the CNA to move the call light clipped on her shirt to her collar of the shirt, which was done. As Resident #49 continued to yell out, the CNA observed Resident #50 reaching out with his right arm and swatting his wife's back, as they were lying next to each other in twin beds that had been pushed together. Resident #49 was lying on her side, turned away from Resident #50 when he hit her. Resident #49 then retaliated and reached back with her left arm and swatted her husband, hitting his right hand/arm. It was documented both residents were yelling, as both were very hard of hearing. It was documented Resident #50 grabbed and squeezed Resident #49's hand, digging his nails into her hand. Resident #49 started screaming, Abuse, abuse, he's hurting my arm. Call a doctor, call a lawyer. At one point during the physical altercation, Resident #50 sustained a skin tear to his hand. It documented both residents made contact with each other during the incident. Both of the residents sustained injuries, as a few hours later, staff noticed some bruising on the back of Resident #49's left wrist.
The residents were immediately separated by the CNA who observed the physical abuse between the two residents. The CNA called for a nurse, who moved Resident #50 to another room in E Hall, where he still resides. Nursing staff assessed both residents for injury. The police department and Adult Protective Services were notified of the incident.
D. Staffing training
The SSD was interviewed on 8/26/21 at 9:52 a.m. She said the facility had conducted an all staff training on abuse on 7/2/21.
The staff development coordinator (SDC) provided documentation on 8/26/21 that facility staff completed two separate abuse trainings in 2021. She said a CMS (Center for Medicaid and Medicare) course on abuse had been presented to all staff on 2/5/21. She said another training on abuse and behavior management had been presented to all staff on 7/5/21. She said both trainings lasted approximately 45 to 60 minutes each.
E. Staff interviews
The SSD was interviewed on 8/26/21 at 9:52 a.m. She essentially re-iterated what occurred between Resident #49 and Resident #50 on 7/28/21. (see above initial facility investigation). She said both residents still reside in separate rooms on E Hall and neither resident currently had a roommate. She said, following the initial investigation she filed the evening of 7/28/21, she was asked by the nursing home administrator (NHA) to begin the official facility investigation, which began 7/28/21 at 11:20 a.m. She said both Resident #49 and Resident #50 had cognitive deficits and she interviewed the residents separately. She said she interviewed Resident #50 first because she was the alleged victim. She said she then interviewed Resident #50, the CNA who witnessed the abuse, the nurse who assessed the residents and the only resident who was awake at the time of the abuse. She said initially, Resident #49 kept murmuring she wanted to die, but once the residents were separated, both appeared to be calmer and their anger seemed to have dissipated.
The SSD said the facility did substantiate the allegation of resident to resident abuse, as it was witnessed by a CNA. She said because staff were not involved in the abuse and because there were no prior incidents of abuse between the two residents, the facility did not expand the investigation further. She said Resident #49 and Resident #50 were still able to visit each other, if they chose to do so, with staff monitoring both resident's mood and behavior and would chart on the visits by exception. She said, because Resident #49 had displayed continued anxiety and behaviors, the resident has not focused much on wanting to be with her husband. She said Resident #50 had been coming out of his room more often and was becoming more social since he stopped sharing a room with his wife. She said the facility was allowing the couple to visit, per their initiation, but neither resident were really asking for visits, which are very minimal. She said a few times, Resident #50 would go to the doorway of his wife's room and look into the room to check on her, but does not go into her room and will return to his room or the common dining area on E Hall. She said the couple's daughter has been focusing on stabilizing her mother's level of anxiety and is very involved in her parent's care, but due to the daughter's declining health issues herself, it limits her ability to come into the facility as often as she used to. She said the daughter still kept in frequent contact with staff via telephone. She said the daughter was fine with her parent's current living arrangement, but did ask staff if her parents would ever be able to room together again. She stated the facility answer was they would have to wait and see.
The staff development coordinator (SDC) was interviewed on 8/26/21 at 1:56 p.m. She said a CMS course on abuse had been presented to all staff on 2/5/21. She said another training on abuse and behavior management had been presented to all staff on 7/5/21. She said both trainings lasted approximately 45 to 60 minutes each. She said if the facility substantiated any abuse allegation, additional education should have been provided to the staff, if requested of her. She said facility administration had not requested additional training be provided in the area of abuse, so she had not provided any additional staff training into abuse since 7/5/21.
The nursing home administrator (NHA), director of nursing (DON) and quality assurance nurse manager (QANM) were interviewed together on 8/26/21 at 8:03 p.m. The NHA said they had developed an action plan to identify and prevent abuse in the facility. The NHA said it was a standard for their quality assurance (QA) program. She said the facility would monitor and discuss any issues with the SSD. All three being interviewed said they had not identified any trends related to abuse that were concerning prior to the start of the recertification survey beginning 8/23/21. The NHA facility reviewed any allegations of abuse during the 24-hour report every weekday and did not wait an entire month for QA to review the occurrences.
The NHA said the facility was unaware of any abusive behaviors between Resident #49 and Resident #50 when they lived at home. She said the facility asked Resident #50 several times if he wanted to move into a different room because Resident #49 was so verbally abusive, but he declined. She said they were concerned that Resident #50 was not getting enough rest and he could just shut her off if he were in a different room. The DON said the facility had contacted the local mental health center's crisis line several times due to Resident #49's behaviors, but were denied services due to the resident's diagnosis of dementia and the fact they were unable to care for her physically in an inpatient setting. She said the facility attempted different things with Resident #49, such as different headphones, different music, bringing the daughter in visit with the resident, and one-on-one staff monitoring when needed. The NHA said the facility had looked into alternative placement , but the facility was not accepting new admission due to low staffing. She said many medication adjustments had been made for Resident #49 by the facility's medical director and they saw a bit of a trend of improvement and then further adjustments were needed. She said the facility has looked into geri-psych placements since the abuse altercation between the two residents. She said the facility did not foresee the altercation and felt the husband was just trying to keep his wife quiet when the altercation began.
V. Resident #87
A. Resident status
Resident #87, age greater than 65, was admitted on [DATE]. According to the August 2021 CPO diagnoses included chronic obstructive pulmonary disease (COPD), depressive episodes, history of falling and intertrochanteric fracture of right femur.
According to the 8/10/21 MDS assessment the resident was cognitively intact with a BIMS of 15 out of 15. Moods included trouble falling/staying asleep, feeling tired or having little energy, poor appetite or overeating. She had no behaviors. She required extensive assistance of two persons for bed mobility and transfers and extensive assistance of one person for locomotion and toileting.
B.Resident interview
Resident #87 was interviewed on 8/23/21 at 9:41 a.m. She said that one night she had a run in with one of the nurses. She said that the nurse was rough with her when transferring her into bed and that she tossed her into bed like a ragdoll. She said the nurse was impatient and rushed. She said she told the nurse that she did not like being treated that way. The resident said the facility was short staffed, however; that did not mean that they had the right to treat people like that. She said she brought it to another nurses ' attention the following day. She said she was not afraid of the nurse and that she was still taking care of her when she was on duty.
C.Staff interviews
Registered nurse (RN) #5 was interviewed on 8/23/21 at 11:05 a.m. She said that she remembered that Resident #87 did mention something about negative staff treatment during a care conference meeting. She said that from what she could remember the resident reported there was a personality conflict or maybe a verbal abuse by the nurse on duty. She said that she could not remember exactly what the details were. She said she reported this immediately to the quality assurance nurse manager (QANM).
The QANM was interviewed on 8/24/21 at 8:57 a.m. She said that RN #5 did report to her (on 8/12/21) that Resident #87 had made an allegation that a night nurse (RN #2) that worked with the resident the night before was rough, grabby and tossed her around like a puppet doll. The QANM said she immediately went to talk to the resident and based on what the resident said (see report below). She said the allegation was unsubstantiated due to it not meeting the elements of abuse and the conclusion of the investigation was that it was a personality issue. She said that the nurse was no longer to provide care or administer medications to the resident and that a certified nurse aide with medication authority would be available and scheduled on the same nights as the nurse. She said RN #2 had been suspended pending the investigation.
-However, the RN #2 was not suspended when the resident reported the allegation to RN #5 to ensure her safety while the investigation was being conducted. The allegation was not reported to the State Agency (cross-reference F609) and a thorough investigation was not conducted (cross-reference F610).
C. Record review
-There was no documentation found in the resident's clinical record from 8/3/21 to 8/24/21 of an allegation of staff mistreatment.
A psychosocial well-being care plan initiated 8/4/21, and with a goal date of 11/4/21, documented in part the resident had the potential for impaired psychosocial well-being related to recent lifestyle change resulting from admission. The interventions included in part to educate the resident about the location of resident rights and listen to her concerns and address them timely.
An activities of daily living (ADL) care plan initiated 8/4/21, and with a goal date of 11/4/21, documented in part the resident had an acute decline in independence and impaired physical mobility related to a recent hospitalization and illness and she was at fifty percent weight-bearing status (WBS) for two weeks. Interventions included in part that the resident would obtain assistance as needed, nursing to monitor ADL status while continuing to receive therapy, positioning bars to be provided as needed to assist with bed mobility and provide progressive mobilization as directed per therapy.
On 8/24/21 the facility provided a one page typed document of an allegation of abuse by Resident #87 that occurred on 8/12/21. The report documented in pertinent part that RN #5 reported to the QANM a concern by Resident #87. In RN #5's statement to the QANM she said that Resident #87 told her that she did not care for RN #2, who took care of her the night before. She said RN #2 was rough, grabby and tossed her around like a puppet doll. The QANM asked the resident what happened and the resident told her that the night before (8/11/21), RN #2 was giving here medications and she asked RN #2 if she would assist her. The resident said the RN did not have any patience. The QANM asked the resident if she had been injured or was afraid of RN #2. The resident said she was not afraid and to keep her away from me, I do not have to put up with that kind of behavior. She (RN #2) moved too fast and does not give you time to adjust or get ready. The QANM asked the resident about her comment she made about being a puppet doll. The resident said she felt that she received as much compassion as a puppet doll; hurried and tossed away. The QANM asked the resident if she felt like she was tossed and the resident said RN #2 was hurried and did not give her time to adjust to the movement and that she felt rushed.
Review of progress notes and staffing schedule for 8/21/21 revealed that RN #2 was scheduled on the same unit as Resident #87 on 8/16, 8/17, 8/18, 8/23, 8/24 and 8/25/21 during the overnight shift.
D.Additional interviews
The QANM was interviewed a second time on 8/24/21 at 11:27 a.m. She said that when they receive an allegation of abuse that they initiate an in-house investigation. She said if the allegation was non-reportable they would complete a summary sheet. She said she did not have any additional supporting documents except some of her chicken-scratch notes. She said she would provide these. The QANM said that what the resident reported to her when she initially interviewed her did not constitute mistreatment because she had heard the information from a third-party; RN #5. The QANM said she had notified the director of nursing (DON) about Resident #87's allegations after she was made aware. She said the DON provided RN #2 with one-to-one education and tools so that there would not be a recurrence. She said she would provide additional follow up.
RN #2 was interviewed on 8/24/21 at 5:58 p.m. She said that she had just been notified today before starting her shift that there was an allegation made against her by Resident #87 about something she had done to her last week when she worked. RN #2 said that she had gone into the resident's room and she was sitting on the side of the bed and she said she needed to go to the bathroom.
RN #2 said she assisted her to the bathroom and then when she took her back to get her into her wheelchair the resident was not standing well and she was concerned that the resident was going to fall. She said she told the resident that she needed to get her into the chair right away and then guided Resident #87 into the chair quickly. She said the resident was not happy that she had to guide her and asked me why I was being so rough with her. RN #2 said the resident may have perceived that she was being rough with her however she did not feel she was rough.
She said she then transferred the resident from the wheelchair into the bed. RN #2 said today was the first she had heard of the concern and that she had not been contacted previously, placed on suspension or told she was not to work with the resident. She said she was the only nurse at night in the rehabilitation unit and she worked Monday, Tuesdays and Wednesdays. She said she had continued working with the resident when she returned to work on 8/23/21. She said she was told today that the resident said it was ok for her to continue taking care of Resident #87.
E.Facility follow-up
The QANM was interviewed a third time on 8/26/21. She said that she had re-interviewed Resident #87 on 8/24/21 and based on what the resident reported about being thrown into bed, she initiated another investigation and then reported the incident through the State Agency as physical abuse on 8/24/21. She said the investigation was ongoing. She was asked if RN #2 had been suspended pending the new investigation started on 8/24/21 and she said no, she had not.
Based on interviews and record review, the facility failed to ensure freedom from abuse and neglect for five (#31, #47, #49, #50, #87) of 27 residents reviewed out of 44 sample residents.
Resident #31, who had severe dementia and was dependent for activities of daily living (ADLs), was physically and verbally abused and neglected by certified nurse aide (CNA) #8, who rammed her fingers into a table, refused to take her to the bathroom, and was verbally abusive during care provision. CNA #8's abuse and neglect of Resident #31 was observed and reported by fellow CNAs. Resident #31 was unable to express how those experiences made her feel.
Resident #47, who needed extensive assistance with transfers, was neglected and received injuries in the shower room when CNA #1 banged and scraped her shin on the bath bed, then transferred her from her wheelchair to the bath chair without using a gait belt or locking her chair brakes. As a result, Resident #47 fell and injured her hand, ankle and shin. Further, Resident #47 said in an interview that she had recently been left unattended on the toilet for half an hour. She said both incidents hurt.
Resident #87 reported that a night nurse was rough and threw her into bed like a rag doll during a transfer. She said she was not hurt and not afraid of the nurse, but she did not like to be treated that way.
Residents #49 and #50 suffered resident-to-resident abuse during a physical altercation. Both residents sustained bruising and skin tears to their wrists and hands.
Findings include:
I. Facility policy and procedures
The Abuse Prevention, Investigation and Reporting policy, dated March 2017, was provided by the nursing home administrator (NHA) on the afternoon of 8/23/21.
The policy documented in pertinent part that management would take specific steps to reduce the potential for abuse to occur including, but not limited to, education, monitoring and investigating thoroughly if abuse, neglect or exploitation was suspected. In addition, incidents would be reviewed to determine if abuse was suspected, and if suspected, it would be investigated thoroughly.
The facility would ensure staff patterns to meet the needs of the resident, and to assure that the staff assigned had knowledge of the individual residents' care needs. New staff were assigned to work with an employee during their orientation period to become accustomed to the residents.
The supervision of staff would be ensured to identify inappropriate behaviors such as derogatory language, rough handling, and ignoring residents while giving care.
Employees who suspected abuse were to immediately intervene to protect the residents. Any alleged employee suspect would be removed from contact with any resident and put on administrative leave during the investigation. If evidence was found to support abuse or neglect, the employee would be terminated.
II. Resident #31
A. Resident status
Resident #31, age [AGE], was admitted on [DATE]. According to the 6/17/21 significant change minimum data set (MDS) assessment, diagnoses included dementia, anxiety and depression.
The 6/17/21 MDS assessment further documented Resident #31 had severe cognitive impairment with a brief interview for mental status (BIMS) score of eight out of 15. No behavioral symptoms or care rejection were documented. The resident used a wheelchair for ambulation and needed extensive assistance with bed mobility, transfers (by two or more staff), dressing, and toilet use. The resident was frequently incontinent and had a history of urinary tract infection (UTI).
B. Resident observations
Resident #31 was observed throughout the survey, conducted 8/22/21 from 6:05 to 9:30 p.m., and 8:00 a.m. to 6:00 p.m. on 8/23, 8/24, 8/25 and 8/26/21. She used a wheelchair and was often in the common areas, pleasantly confused, and visiting with others.
C. Interviews
Certified nurse aide (CNA) #4 was interviewed on 8/26/21 at 10:42 a.m. She said she had reported abuse, but the allegations did not get passed along and nothing gets done. She said some staff were kind of rude to residents with dementia and Alzheimer's. She said she had reported but it was not addressed.
She said CNA #8 was refusing to take Resident #31 to the bathroom. When Resident #31 would ask, CNA #8 would say no. She said she had reported to her supervisor and nothing had happened. I've watched (CNA #8) ram her (Resident #31's) fingers into the table and instead of saying 'sorry' she said 'well?' She said that happened last Tuesday. She said every time CNA #8 was in the room with Resident #31 she got angry that she had to provide her cares.
Just Tuesday (two days prior) we wheeled her out and (Resident #31) said she needed to go to the bathroom, and CNA #8 said, 'I already took you.' We've reported before and nobody seems to care. It's rude. And you don't want to get backlash for reporting things. I've reported multiple times. I assumed someone reported from the new nursing class. What if she's doing that to other residents? We just don't know.
The quality assurance nurse manager (QANM) was interviewed on 8/26/21 at 11:27 a.m. and the above allegations were reported to her. She said she was in the process of investigating, and that one of the CNAs who witnessed it called off and was not working, another CNA who witnessed it was working in the facility that day. She said CNAs #15 and #16 who reported were not working in the facility that day. She said CNA #16 yelled at CNA #8 and CNA #15 was a witness; CNA #5 saw CNA #8 refuse to take a resident to the bathroom. She said she definitely considered it abuse and neglect.
She said it was reported to her late Tuesday afternoon, about 6:30 p.m., when CNA #4 came to her and reported and said she had already reported to CNA #3 and the assistant director of nursing (ADON). The ADON said she was already working on it. The first thing we do is make sure the residents are safe, and CNA #8 was suspended pending the investigation.
The QANM said she and the SSD were finishing up their investigations and just typing up their notes now. Copies were requested.
CNA #5 was interviewed on 8/26/21 at 11:53 a.m. She said Resident #31 constantly asks to go to the bathroom and she told CNA #8 she was capable of going, knew when she needed the bathroom, was really easy to work with, and if she had to go to the bathroom she knew when she had to go, but the CNA #8 said, I just changed her, it's okay. CNA #5 said she told CNA #8 you don't have to be mean to her, she's really nice. I said there's no reason for you to be rude to her. (Resident #31) said something to her like 'you're too pretty to have this attitude,' and CNA #8 said 'this is why I don't like her.' She said it in front of the resident. It was Tuesday around lunch time.
She says stuff like that in front of residents, talks a lot about her personal stuff around residents, how her day's going, cussing. It's been going on but about six months. CNA #5 said she talked to CNA #4 about it, and was told CNA #4 had already reported her and I know other people have reported her multiple times but I personally have not.
She said she reported to CNA #3, their lead CNA and then CNA #4. She said the facility had talked to CNA #8 and gave her multiple warnings. She did have to take an abuse test online but they had not been monitoring her, which she knew because she worked with her most of the time. I don't see her being rough, it's more like the way she talks to them, like with (Resident #31), she'll just say 'Roll' (as in roll over), so then the residents get confused and upset and she gets upset. It's more like she doesn't know how to talk to the residents. It's verbally abusive but I've never seen her being rough like physical abuse.
D. Facility investigation
During an interview on the evening of 8/26/21, the QANM provided undated, untimed interviews with CN[TRUNCATED]
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0583
(Tag F0583)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, interviews and record review, the facility failed to provide personal privacy during care for two (#78 an...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, interviews and record review, the facility failed to provide personal privacy during care for two (#78 and #84) of eight residents reviewed out of 44 sample residents.
Resident #78, who was dependent for transfers and most activities of daily living (ADLs), was observed being transported from the bath house to his room without being fully covered for privacy, in a hallway near a common area where other residents, staff and visitors could easily see him.
Resident #84, who had severe dementia and was dependent for ADLs, was observed in her bed receiving evening care from a CNA. She was exposed because her door was partly open, her privacy curtain was not drawn, and she was wearing nothing but an incontinence brief and a hospital gown that was pulled up, covering only her chest.
Findings include:
I. Facility policy
The Residents' Rights policy, dated 4/5/18, was provided by the director of nursing (DON) on the evening of 8/26/21. The policy provided in pertinent part:
-Caring for residents in a manner that promoted and enhanced the quality of life of each resident, ensuring dignity, choice, and self-determination.
-Providing services and activities to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident.
Residents had the right to:
-Have private and unrestricted communication with any person of their choice; and
-Be treated with consideration, respect, and dignity.
II. Resident #78
A. Resident status
Resident #78, under age [AGE], was admitted on [DATE] and readmitted on [DATE]. According to the August 2021 computerized physician orders (CPO), diagnoses included quadriplegia and multiple sclerosis.
According to the 8/5/21 significant change minimum data set (MDS) assessment, the resident had moderate cognitive impairment with a brief interview for mental status (BIMS) score of nine out of 15. His previous 5/19/21 MDS, before hospitalization, assessed his BIMS at 12 out of 15.
-On 8/5/21, his mood status showed he was tired with little energy, and he felt down, depressed and hopeless. He had no behavioral symptoms and no care rejection. He was totally dependent for bed mobility, toilet use, transfers and personal hygiene. He needed extensive assistance for dressing.
D. Resident observation
On 8/25/21 at 8:30 a.m., Resident #78 was wheeled from the shower room down the hall and into his room by CNA #6. He was draped in a bath sheet and was naked underneath, high up on a bath chair, exposed from the back with bare legs, his uncovered catheter bag half full of urine hanging and visible (no privacy cover), in view of the front common area, two surveyors and a resident who were walking directly behind him.
The resident was not interviewed, as he was with staff members or in facility common areas during further observations.
E. Staff interviews
CNA #6 was interviewed immediately after the observation above, at 8:40 a.m. on 8/25/21. She said that was how she typically transported Resident #78 from the shower room to his room, and that was how she was trained to transport him, although she also said most residents left the shower room fully dressed. I didn't even think. I just wanted to be sure he didn't move or shift in the chair, especially when she wheeled him over the bump on the doorway threshold. She said she supposed she could have covered his back, legs and catheter bag before taking him out of the shower room.
-The resident also could have fallen during the transport, being in an elevated chair, with the potential of involuntary movements from his diagnosis, and the bump in the threshold.
The nursing home administrator (NHA) and director of nursing (DON) were interviewed on the evening of 8/26/21. They acknowledged Resident #78 was not transported from the shower room in a dignified manner that protected his privacy. The DON said it was a training issue.
-Although the SSD provided documentation that CNA #11 was screened and trained by the nursing staff agency he worked for, there was no evidence the facility provided follow-up training regarding dignity, respect and privacy.
IV. Resident #84
A. Resident status
Resident #84, age [AGE], was admitted on [DATE]. According to the August 2021 CPO, diagnoses included hemiplegia following cerebral infarction and unspecified dementia.
According to the 8/4/21 MDS assessment, the resident had moderate cognitive impairment with a BIMS score of nine out of 15. She exhibited fluctuating delirium symptoms of disorganized thinking and altered levels of consciousness. Identified mood indicators were feeling down, depressed, hopeless; sleeping too much; feeling tired and having little energy. She had no documented hallucinations or delusions. She was totally dependent for bed mobility, transfers, toilet use and personal hygiene. She needed extensive assistance with dressing.
B. Observation
On 8/22/21 at 6:58 p.m., Resident #84 was observed from the hallway via her partially open room door, lying on her back in bed. Her privacy curtain was not pulled closed and CNA #11 was standing at her bedside, adjusting her clothing and pillows. She was uncovered, wore a hospital gown that covered only her chest and a brief, and was not covered with a blanket or sheet.
Upon knocking, entering the resident's room and asking how she was, the resident said to the surveyor that she felt like she was thrown around, and she was cold, lifting her gown up to her chin as if it was a blanket. CNA #11 was not observed to speak to the resident very much as he provided care, only telling her that he was getting her covered up and putting a pillow under her head. CNA #11 said he was trying to adjust Resident #84 with pillows and wedges because there had been some incidents involving falls. When the resident said she was cold, he went to get another blanket. She was unable to respond to questions other than to say she was cold, then thanked CNA #11 and called him honey.
C. Staff interview and facility follow-up
The SSD was interviewed on 8/24/21 at 9:00 a.m. The above observation and resident statement was reported to her.
On 8/26/21, the SSD provided documentation of interviews with CNA #11 and Resident #84, conducted on 8/25/21. CNA #11's documented statement included Resident #84 was a high fall risk, was very restless, and when the surveyor entered the room on 8/22/21, he was repositioning her and placing wedges on each side of her for positioning as she was very confused and fell the day before. He said, Sometimes I do leave the door partially open when I am providing cares that are not revealing or uncomfortable, since I am a male providing care to a female. He said the resident's coccyx area was sensitive and he used a draw sheet to position and provide cares. He said when transferring her from a fall she was uncomfortable but it was done properly and he told her what was being done. An undated interview at 11:30 a.m. with Resident #84 revealed she said to the social services assistant regarding dignity, respect, abuse and rough treatment I don't know what you are talking about.
-There was no evidence of facility follow-up training for CNA #11 regarding providing resident privacy during cares, or of ensuring there was sufficient staff to assist the CNA by providing female staff to assist with cares when needed. (Cross-reference F725, sufficient nursing staffing.)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0604
(Tag F0604)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, interview and record review, the facility failed to ensure one (#62) of three residents reviewed for rest...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, interview and record review, the facility failed to ensure one (#62) of three residents reviewed for restraints out of 44 sample residents were free from physical restraints imposed for purposes of convenience.
Specifically, the facility failed to:
-Release Resident #62's seat belt during supervised activities;
-Create a care plan for the use of a seat belt for Resident #62;
-Obtain a consent for the use of a seat belt for Resident #62; and,
-Obtain an order that specified the reason a seat belt was being used for Resident #62.
Findings include:
I. Facility policy and procedure
The director of nursing (DON) was interviewed on 8/26/21 at 11:00 a.m. She said the facility did not have a policy related to restraints, use of seat belts or tab alarms. She said the facility used assistive devices, including pad alarms, tab alarms and seatbelts. On the afternoon of 8/26/21, the DON provided a list of 21 residents in the facility who used these types of devices or restraints.
II. Resident #62
A. Resident status
Resident #62, age [AGE], was admitted on [DATE]. According to the August 2021 computerized physician orders (CPO), the resident's diagnoses included dementia, type II diabetes mellitus, generalized anxiety disorder, depression, malaise, absolute glaucoma and history of falling.
According to the 5/4/21 minimum data set (MDS) assessment, the resident required limited assistance of one for eating. He needed extensive assistance of one for ambulating in his wheelchair and for personal hygiene. He required extensive assistance of two or more for bed mobility, transfers, dressing and toileting. This MDS documented the resident was not using any restraints and the trunk restraint box was not checked. It documented use of both bed and chair alarms on a daily basis.
B. Resident observations and interview
Observations of Resident #62 revealed that he had the seatbelt fastened. When the resident was eating meals his seatbelt was not unfastened by staff as indicated in staff interviews (see below) due to the staff being able to provide supervision. The resident disliked having the seatbelt and was not able to release the seat belt consistently and safely.
Resident #62 was observed on 8/23/21 at 9:32 a.m. He was being assisted by staff propelling his wheelchair towards his room after passively participating in an exercise class.
-At 9:43 a.m., the resident was seated in his room in his wheelchair. There was a seatbelt on the wheelchair which was secured across the resident's lap. There was also a tab alarm placed on the wheelchair.
-At 11:34 a.m., the resident was one of three residents already seated in the main dining room. He was seated by himself at a table. He said he hated his seatbelt and was not sure why the facility was having him wear it all the time. He said he guessed it was so he did not fall out of his wheelchair. When asked, he said he did not recall ever falling out of his wheelchair. The seatbelt had not been released when he was seated at the dining room table. The resident was asked if he could release his own seat belt. He fumbled with the seat belt buckle and tugged at the belt, but did not appear to be able to release his belt at the time.
-At 12:10 p.m., an unidentified female staff was observed assisting and encouraging Resident #62 with his meal. She was consistently observed assisting this resident until 12:28 p.m., but failed to release his seat belt while sitting with the resident during this observation.
-At 12:42 p.m., staff returned the resident to his room and left him in his room without releasing his seat belt. The unidentified staff was observed turning on the resident's call light before leaving the room. The tab alarm also remained on his wheelchair.
-At 12:46 p.m., the occupational therapist (OT) was observed answering the call light. She checked on the resident, but did not release his seat belt and left him in his room after starting an audiobook for the resident.
-At 3:35 p.m., the resident was observed in bed. There was a fall mat on the left side of the bed and a tab alarm was observed near the head of the left side of the resident's bed.
On 8/24/21 at 8:25 a.m., the resident was seated in his wheelchair in his room, listening to an audiobook. The resident's seat belt was secured around his lap and a tab alarm was also attached to his wheelchair.
-At 9:47 a.m., the resident was lying down in bed. His eyes were open and the tab alarm was attached to the bed.
-At 11:37 a.m., the resident was seated by himself at his dining room table. He was drinking a glass of milk. The seat belt was secured around his waist and the tab alarm was in place on the wheelchair.
-At 12:26 p.m., the reisden's seat belt had not been removed for his meal, despite several staff observed in the dining room nearby assisting other residents.
-At 5:15 p.m., the resident was seated in the main dining room by himself. The resident's eyes were closed. His seat belt had not been released at this time.
On 8/25/21 at 8:35 a.m., the resident was observed seated in his wheelchair in his room. An audiobook was playing and the resident was tugging at his seat belt. He said he was strapped to this chair, that he did not like it and just wanted to lie down. His call light was attached near the seat belt and the resident could not find the call light to call for assistance.
-At 9:42 a.m., staff assisting the resident with toileting in his room were overheard telling the resident they were going to put the seat belt back on him. Resident #62 said, This chair is terrible and I need to lie down. The restorative nurse aide (RNA) #2 said, I will let the girls (certified nurse aides ) know you want to lie down. The resident asked why she could not release his seat belt and help him to bed. RNA #2 said she would let the resident know when the CNAs could come and help him to bed. RNA #2 was overheard telling the certified nurse aide with medication aide (CNAMA) the resident was extremely uncomfortable and they needed to get someone to help him to bed. An unidentified staff said they would get the sit to stand (mechanical) lift. The CNAMA said she would get someone to help her transfer Resident #62 to bed.
-At 10:10 a.m., the resident was observed in bed with his eyes closed. The tab alarm was placed on the upper left side of the bed and there was a fall mat on the left side of the bed.
-At 11:37 a.m., the CNAMA was observed escorting the resident down to the main dining room. His seat belt had been removed prior to coming down to the dining room.
-At 12:44 p.m., Resident #62 was observed in his wheelchair in his room, talking on the telephone. His seat belt had been fastened again.
-At 5:25 p.m., the resident was observed eating his dinner meal with the social services worker (SSW) supervising and encouraging him with his meal. She failed to remove the resident's seat belt while he was seated at the table, eating his meal.
-At 5:41 p.m., the resident's seat belt remained secured around the resident. No staff were observed assisting the resident at this time.
On 8/26/21 at 8:20 a.m., Resident #62 was in his wheelchair with his seat belt secured. Once again, the resident stated he did not like his seat belt because it was uncomfortable and he did not know why he had to keep wearing it. He said the occasional alarms on his bed and chair did not bother him when the alarms sounded.
-At 12:30 p.m., the resident was at his dining room table Staff were nearby, in the dining room, but not sitting at his table. His seat belt had not been released for this meal.
-At 4:52 p.m., the resident was seated in the dining room at his table and his seat belt had not been released.
-At 4:55 p.m., staff were taking the dinner order from the resident at this table and the staff taking the order did not release his seat belt.
-At 6:00 p.m., two staff were assisting the resident with his meals. One was seated to his right and one was standing up near the side of the table. Neither staff had released his seat belt.
C. Record review
The fall care plan, originally dated 9/21/2020 and revised 7/29/21, documented the resident was at risk for falls related to impaired mobility and impaired balance. It documented the resident had a high/low bed with a fall mat and wedges. It documented the resident had sensor alarms on his bed and wheelchair.
-The fall care plan failed to document that the resident had a seat belt restraint being used to prevent falls.
-There was no care plan related to the use of a seat belt as a restraint.
The DON was interviewed on 8/26/21 at 11:45 a.m. She said the self-releasing belt on wheelchair had been added to the resident's fall care plan on 8/26/21, after being identified during the survey. (See interviews below).
The written order for Fit self-releasing seat belt to wheelchair was dated 6/14/21.
-This order failed to include the specific reason the seat belt restraint was being used for Resident #62.
-The facility was unable to provide a consent from the resident's power of attorney (POA) agreeing to the use of a seat belt on the resident's wheelchair.
-There were no progress notes dated after 6/14/21 which documented the resident's POA had verbally agreed to the use of a seat belt on the resident's wheelchair.
The progress note dated 6/25/21 documented the nurse contacted the resident's sister and POA, who reported her brother had been having delusions for some time now. There was no documentation that POA verbally consented to the use of seat belts on her brother's wheelchair.
The falls risk assessment dated [DATE] documented resident was alert, had no changes or behaviors, sustained one to two falls past three months and needed assistance with toileting. He was functional mobility impaired for safe transfers. Resident #62's fall risk assessment score was 10 and anything 10 or higher was classified as high risk. It documented, Early sense monitoring in place for bed alert. Patient oriented to call light and verbal understanding.
The 7/16/21 progress note titled Quarterly MDS assessment documented hall staff CNAs were interviewed regarding the resident's self-cares and mobility to which they stated the resident required extensive assistance of one with most cares. It documented the resident's participation with care may vary related to cognition and stamina. He required a bed sensor alarm and an alarming seat belt on his wheelchair to help prevent falls.
III. Staff interviews
RNA #2 was interviewed on 8/25/21 at 10:47 a.m. She said the resident participated in upper and lower extremity exercises, used the nu-step machine in the gym when he wanted to and she believed he was transferred with the sit-to-stand lift. She said he would participate in the Seniorcise exercise group quite often, but did not attend this date because he just wanted to lie down. She said he had fallen out of his wheelchair before because the resident tended to scoot himself forward in his chair and would tend to slide down if not repositioned. She said the facility placed a seat belt on his chair to remind the resident not to try to get up. She said she thought the resident could release the seat belt himself, but would get confused and try to release the seat belt by pulling it up and over his head. She said she observed him with his seat belt over his head and resting on the back of his shoulders because it had been loosely secured. She said when the resident was scooted forward in his wheelchair, he complained that it was too tight and uncomfortable. She said the resident should be assisted with repositioning in his wheelchair when needed, but the resident could reposition himself a bit by scooting himself back in his chair. She said staff should be checking on the resident at least every two hours to make sure his positioning still looked good. She said the seat belt should not be used for staff convenience and they still needed to check on his positioning often.
The CNAMA #1 was interviewed on 8/25/21 at 11:37 a.m. She said this resident had increased vision loss and had increased confusion since then. She said the resident tried to get out of his wheelchair at times and the tab alarm and seat belt gave staff at least five minutes to get to him in case they were involved with other resident's care when Resident #62 attempted to get up. She said that Resident #62 had sustained no falls to her knowledge. She said the resident did not like wearing the seat belt and was yelling about it this morning, saying the seat belt was against his rights. She said the resident could remove his own seat belt, but he would not. She said the facility was taking extra precautions with this resident because he was increasingly confused. She was asked if any other times were appropriate to remove this resident's seat belt and she said they did on his better days when he had increased cognition. She said the staff would just keep better eyes on him during the days his belt was not on. She said they tried to keep this resident up as much as they could during the day and the seat belt was an extra safety precaution. She said the tab alarms had been added just recently because he had been trying to crawl out of bed when confused.
Licensed practical nurse (LPN) #1 was interviewed on 8/26/21 at 8:30 a.m. She said Resident #62 had a seat belt and tab alarms because of his falling. She said he had rolled out of bed, stood up in his wheelchair suddenly, and had a fall while putting one leg in too far when using the sit to stand lift. She said his vision was worse, making him blind. She said he was moved to a room closer to the nurses' cart located on A Hall. She said his seat belt should be removed when the resident was in bed.
The nursing home administrator (NHA) was interviewed on 8/26/21 at 9:30 a.m. She said the facility did not use restraints. She said a resident's seat belt on a wheelchair was not considered a restraint if he could self-release it. She said this resident could release his own seat belt.
-However, observation (see above) revealed the resident could not release his seatbelt and did not like having it on.
The social services director (SSD) was interviewed on 8/26/21 at 10:25 a.m. She said she did not consider Resident #62's seat belt to be a restraint, as the resident continued to be as mobile as he wants to be. She said nothing prevented Resident #62's wanted movement and he had never told her that he hated his seat belt. She said she did not know if Resident #62 could remove his seat belt or not. She said the seat belt had been ordered sometime during the month of June 2021. She said, related to a consent for alarms or seat belts, she was uncertain what the process was in terms of the physician's order, but she did expect the facility to have obtained either a written or verbal consent from either the resident or his representative. She said it was her expectation for a wheelchair seat belt to be care-planned. She said there was a fine line between using restraints and motivating a resident to move in a scope that was not self-harming. She said the facility had to look at the big picture, like risk vs. benefit. She said the facility needed to ensure a resident's daily living still went on without impacting their quality of life. She said the facility was looking at resident's potential for harm and since it was such a fine line, each resident needed to be looked at individually and discussed as a team. She said the times resident's seat belts should be removed should also be individualized and staff should continue to monitor residents for positioning and comfort and address those issues as needed.
The DON was interviewed on 8/26/21 at 11:00 a.m. She said a wheelchair seat belt was not considered a restraint if the resident could self-release the belt. She said tab alarms were not considered restraints, they were assistive devices. She said there should be orders for alarms and seat belts and the orders should be specific as to why they were being used so all staff were aware of the reason. She said the facility should have obtained a consent for the use of seat belts and alarms. She said normally a phone call was made to the family if the facility was considering the use of an alarm or seat belt. She said the facility would obtain a verbal consent with the family at that time and document it in a progress note. She said the consent should have been discussed with the resident and responsible part on a quarterly basis as part of their quarterly care conference. She said alarms or seat belts should be removed if a resident declined to the point that they were no longer trying to get up on their own or if their condition improved. She said the use of alarms or seat belts should be care-planned. She said the restorative department was responsible for assistive devices, in general. The DON said she felt seat belts should be released when residents were in group activities, during meals and any other time the resident was being supervised.
The NHA, DON and quality assurance nurse manager (QANM) were interviewed together on 8/26/21 at 8:03 p.m. The NHA said having both tab alarms and seat belts for one resident could be considered a double restraint. She said restraints could be helpful for some residents, while increasing anxiety for other residents. She said she knew Resident #62 could remove his seat belt because she had seen him release it in the past. She said she knew the SSW had been assisting the resident with his meals and releasing the resident's seat belt during meals would depend on his behavior.
The NHA, DON and QANM all agreed his seat belt should have been released during any supervised situation, including meals. The DON said the facility would definitely be looking into the use of seat belts for Resident #62. She reiterated the facility did not want restraints in their building and would be looking at the whole program related to alarms, seat belts and other restraints.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Report Alleged Abuse
(Tag F0609)
Could have caused harm · This affected 1 resident
Based on record review and staff interviews, the facility failed to report allegations of abuse to the State Survey and Certification Agency in accordance with State law for two (#6 and #87) of seven ...
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Based on record review and staff interviews, the facility failed to report allegations of abuse to the State Survey and Certification Agency in accordance with State law for two (#6 and #87) of seven residents reviewed for abuse out of 44 sample residents.
Specifically, the facility failed to timely report allegations of:
-An 8/24/21 allegation of physical abuse for Resident #6; and,
-An 8/12/21 allegation of physical abuse for Resident #87.
Findings include:
I. Facility policies and procedures
The Abuse Prevention, Investigation and Reporting policy, revised March 2017, was provided by the NHA on 8/26/21. The policy documented in pertinent part, The resident had the right to be free from abuse (including verbal, mental, sexual and physical) neglect misappropriations of property and exploitation Management will take specific steps to reduce the potential for abuse to occur an (named facility) including, but not limited to education, monitoring and investigating thoroughly if abuse, misappropriation, neglect, or exploitation is suspected All incidents will be scrutinized as to the potential of abuse. If abuse is alleged or suspected, it would be referred to the director of Social services for immediate preliminary investigation All employees in the facility have an obligation to report all investigations of abuse, neglect or misappropriation of resident property to the Colorado Department of Public Health and Environment within 24 hours of occurrence at the health facilities portal or by phone
II. Resident #6
Resident #6 made an allegation of physical abuse by certified nurse aide (CNA) #12.
-Through the facility's investigation it was determined that abuse did not occur (see NHA interview below (cross-reference F550 for dignity). However, the nursing home administrator (NHA) was provided the initial allegation of abuse by surveyor once it was determined that staff were not aware on 8/24/21 at 1:58 p.m. and was not reported to the State Agency by the nursing home administrator until 8/26/21 at 3:00 p.m. over forty eight hours after the potential physical abuse was reported.
-The facility failed to report the allegation of abuse by Resident #6 to the State Agency.
B. Staff interview
The director of nursing was interviewed on 8/24/21 at 11:30 a.m. The director of nursing (DON) said she was not directly involved in abuse investigations. She said the investigations were coordinated with the NHA, social service director (SSD) and the quality assurance nursing manager (QANM).
The SSD and the QANM were interviewed on 8/24/21 at 11:47 a.m. The QANA and the SSD said they were the facility's abuse coordinators. They said when a resident reports any type of mistreatment with staff the facility would initiate an investigation and determine if it met the criteria for reporting. The QANM said they would conduct a thorough and broad investigation, look at verbage used, get multiple persons' point of view, complete interviews, and review the state reportable example list for abuse before the report they would put into the State reporting portal. She said they would review all the initial findings, notify the NHA and report it if met criteria.
The QANM said the NHA was the first line of contact with abuse and was notified of allegations. The QANM said the facility takes allegations very seriously.
The SSD said they rather err on the side of caution and start investigation and then report right away and deactivate if there were no findings. She said all allegations were concerning.
The SSD and QANM said they have not recently reported any about allegations for Resident #6. The SSD said she would have to review her files and notes to determine if Resident #6 had brought up any potential abuse concerns. The QANM said the NHA was the first line of contact with abuse.
The SSD was interviewed on 8/24/21 at 1:54 p.m said she did not have and reports of abuse or potential abuse concerns from Resident #6 or staff on behalf of the Resident #6.
The NHA was interviewed on 8/24/21 at 1:58 p.m. The NHA was informed Resident #6 reported she told staff that she longer wanted to work with an unidentified CNA because of the way the CNA treated her. She said she has not had to work with the CNA for the past week because she reported her concern. She said if residents had a personality issue with a staff member, the staff member would not be assigned to work with that resident. She said concerns addressed by the resident should have been documented. The NHA said the concern of treatment by a CNA would be investigated. The NHA said she was not aware of any concerns or allegations of potential abuse related to Resident #6 and no changes have been made to the staff schedule. The potential allegation of abuse was reported and reviewed with the NHA.
The NHA was interviewed on 8/24/21 at 3:15 p.m.The NHA said no reports or documentation were found on the concern other than a general interview on resident care during routine rounds not related to the above concern. The NHA said she would interview Resident #6 on the reported allegation and determine the next course of action.
-However, after the allegation was reported to the NHA, it was not reported to the State Agency until 48 hours after she was made aware of the allegation.
The NHA was interviewed on 8/25/21 at 10:29 a.m. She said met with Resident #6 and determined the CNA that she did not want to work with was CNA #12. The NHA said the resident described her as rough but was more focused on the CNA being abrupt and fast. She said Resident #6 told her the CNA was abrupt in movements, contributing to the resident feeling jerked. The NHA said the resident told her she did not like her attitude and felt she was authoritarian. The NHA said the resident said she did not like her tone in voice or how she said her name. She said the resident told her that she felt the CNA did not realize how stiff she was due to her parkinsons but denied intentionally causing physical or verbal harm. The NHA was asked to provide any additional information on their findings and follow up actions.
The NHA was interviewed on 8/26/21 at 12:08 p.m. The NHA said she did not report the allegation to the State Agency. She said the investigation was reviewed under dignity. The abuse policy in pertinent part was reviewed with the NHA. She said the allegation of potential abuse should have been reported in the State Agency and a formal abuse investigation started based on what was reported to her on 8/24/21. She said she would interview more staff and residents and report to the appropriate reporting agencies.
The SSD was interviewed on 8/26/21 at 1:18 p.m. She said every incident that was reported would be investigated to ensure no abuse. She said the allegation for potential abuse for Resident #6 should have been reported to the State Agency. III.Resident #87
A. Abuse allegation
Resident #87 revealed during an interview on 8/23/21 at 9:41 a.m. She said registered nurse (RN) #2 was rough with her and she tossed her in bed like a rag doll. The resident said she had reported to another nurse the following day. She said RN #2 was still providing care to her. (Cross-reference F600).
-Record review revealed there was no documentation found that an allegation of physical abuse that was reported by the resident to registered nurse (RN) #5 on 8/12/21 perpetrated by RN #2.
-The facility was aware of the allegation of abuse on 8/12/21 which the resident alleged occurred on 8/11/21 at night.
-The facility failed to initiate a thorough investigation into the allegation of abuse and protect the resident during the investigation (cross-reference F610).
-There was no documentation the allegation of physical abuse was reported to the State Agency when the allegation was told to RN #5.
B. Staff interviews
The social service director (SSD) and quality assurance nurse manager (QANM) were interviewed on 8/24/21 at 11:27 a.m. The SSD said she and the QANM were the abuse coordinators in the facility.
The QANM said that the allegation by Resident #87 was not substantiated and was a non-reportable event and all they had was a one page investigation summary.
The QANM was interviewed a third time on 8/26/21 at 6:08 p.m. She said that she had re-interviewed Resident #87 on 8/24/21 and based on what the resident reported about being thrown into bed, she reported the incident through the State Agency as physical abuse on 8/24/21 (identified during the survey).
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0744
(Tag F0744)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** III. Resident #49 and #50
Resident #49 and Resident #50 were a married couple who were residing in the same room on E Hall at th...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** III. Resident #49 and #50
Resident #49 and Resident #50 were a married couple who were residing in the same room on E Hall at the time physical abuse between the two occurred on 7/28/21. Cross-reference F600 for abuse.
-The facility failed to provide staff training related to Resident #49's dementia care to prevent physical abuse between a wife with dementia and her husband. The care plan dated 7/7/21 documented Resident #49 could be physically aggressive. It documented Resident #49 reached out, attempting to grab or touch anyone that was near, such as her spouse. The staff development coordinator (SDC) was interviewed on 8/26/21 at 1:56 p.m. She said she was not asked to provide any additional education to any facility staff related to abuse or dementia care following the resident to resident physical abuse between Resident #49 and Resident #50 on 7/28/21.
B. Resident #49 status
Resident #49, age [AGE], was admitted on [DATE]. According to the August 2021 computerized physician orders (CPO), diagnoses included dementia with behavioral disorder, generalized anxiety, major depression, delusional disorder, insomnia, restless leg syndrome, glaucoma and sensorineural hearing.
The 7/1/21 minimum data set (MDS) assessment revealed the short-term memory was not coded and the long-term memory coded the resident had deficits. She was moderately impaired for daily decision making. There was no brief interview for mental status (BIMS) score completed on this MDS.
This MDS documented the resident displayed physical behaviors directed towards others, verbal behaviors directed towards others and behaviors not directed towards others during one to three days during the seven-day lookback period. She received seven days of anti-anxiety medications and hypnotics during the seven-day lookback period.
The MDS documented the resident required extensive assistance of one for bed mobility, transfers, ambulating in her wheelchair, dressing, eating, toileting, personal hygiene and bathing.
C. Resident observations
Resident #49 was observed on 8/26/21 at 8:15 a.m. She was seated in her wheelchair in her room and was facing the doorway. The resident's eyes were closed. There was a blanket over her lap and religious music playing in the background. The resident was alone in her room.
-At 10:50 a.m., the resident was lying in bed, which was in the low position, with fall mats on the floor. The room was darkened. She was overheard calling out and asking staff for a drink of water.
-At 4:52 p.m., the resident was lying in bed, on her right side, facing the hallway. Her eyes were closed and the fall mat was down. The room was still dark.
D. Record review
The August 2021 CPO documented the resident was prescribed the following medications:
-Temazepam (an anti-anxiety medication), 15 mg QHS (every hour of sleep), which was ordered on 7/20/21;
-Alprazolam (an anti-anxiety medication), 0.75 mg Q 6 hours prn (every six hours as needed), which was ordered on 7/29/21;
-Sertraline (an anti-depressant medication), 25 mg QD (every day), which was ordered on 7/31/21;
-Seroquel (an anti-psychotic medication), 25 mg QAM (every morning) and 50 mg QHS, which was ordered on 8/12/21.
The care plan dated 7/7/21 related to mood documented Resident #49 had the potential for mood decline as evidenced by accusatory screaming, calling out and being difficult to redirect. It documented the resident was vision and hearing impaired, which exacerbated the resident's anxiety. Her spouse reported the resident had made negative comments as her health declined. It documented the resident yelled out comments such as Is there arsenic in those pills, there should be, Just shoot me, or You're abusing me when staff was providing proper care, when someone just entered the room or when no one was in her room at all. It documented the resident was physically aggressive, hit staff during care and was difficult to redirect. On 7/19/21, this care plan was updated to reflect the resident had been started on Sertraline for anxiety and depression. On 8/4/21, this care plan was updated to reflect the resident had been ordered Seroquel for a new diagnosis of delusional disorder. Interventions included investigating allegations of abuse or concerns as appropriate. This care plan was not updated on 7/28/21 in relation to a physical altercation between Resident #49 and her husband, Resident #50.
The care plan dated 7/7/21 related to psychosocial well-being documented Resident #49 continued to have difficulty adjusting from the community to long term care status with increased episodes of anxiety, resulting in verbal outbursts which were disruptive towards other residents and may be impacting the resident's psychosocial well-being. This care plan was updated on 7/28/21 and documented, Due to increased potential for physical and verbal aggression towards spouse, they are no longer rooming together which decreases their time together. Interventions included encouraging participation in activities of interest, introduce Resident #49 to others with similar interests and encourage and provide individualized activities for the resident's room as needed.
The care plan dated 7/7/21 related to behavior documented Resident #49 was irritable and had episodes of physical aggression. It documented she reached out, attempting to grab or touch anyone that was near, such as her spouse. It documented Resident #49 and her spouse would argue at times and would push each other's hands away, resulting in staff visibly seeing the residents' irritation with each other. The resident's spouse stated this was Resident #49's baseline anxiety due to her sensory impairments. It documented Resident #49 was verbally aggressive as evidenced by the resident screaming and yelling at staff. It documented she was demanding with unrealistic expectations of staff. She screams ouch and help as an anticipatory response to any ADL (adult daily living) or request for assistance. It documented, on 7/21/21, Resident #49 entered into a behavioral agreement to ensure the safety and dignity of others. She agreed to be respectful towards staff and to no longer spit, throw items at, scream while proper care was being provided, threaten to harm others and to use the call light instead of screaming and yelling. It was updated on 7/28/21 and documented physical aggression towards her spouse, resulting in injury to both Resident #49 and her spouse, Resident #50. It documented visits with her spouse would be monitored for safety as needed.
-The care plans dated 7/7/21 did not include a care plan related to dementia or the resident's memory deficits.
E. Staff interviews
The social services director (SSD) was interviewed on 8/26/21 at 9:52 a.m. She said Resident #49 had dementia and cognitive deficits, as well as mental health diagnoses and sensory impairments of being legally blind and very hard of hearing. She said, other than monitoring the resident's mood and behaviors and charting those by exception, the facility has been unable to engage Resident #49 in activities or any type of therapy. She said the resident preferred to stay in her room and did not come out often. The SSD said the resident liked to stay in bed and slept a lot. She said the resident's primary care physician, who was their medical director, was adjusting her medication accordingly.
-She did not mention any non-pharmacological approaches attempted with this resident.
She said the resident's daughter was very involved in her care, but due to health limitations, was not able to visit as often as she used to.
She said the facility had conducted an all staff training on dementia care on 5/5/21.
The staff development coordinator (SDC) was interviewed on 8/26/21 at 1:56 p.m. She said if any type of facility internal investigation was substantiated, the facility should have provided additional education on the topic to their staff. She said those requests were initiated by the NHA, DON, or QANM. She said she was not asked by anyone to provide any additional training related to dementia care since 5/5/21. She said staff were given training related to dementia care upon hire and annually. She said there was mandatory training related to dementia care available to staff on-line through Pay Com, but many staff were overdue on their computerized training. She said she would send overdue notices to department heads for them to follow up with their staff and remind them of the required training yet to be completed. She said several of the nursing staff, six or seven CNAs and three or four nurses were overdue for their mandatory training.
-The SDC provided the 2021 All Staff Topics training schedule. It documented they had dementia care training scheduled for 3/5/21, but that meeting was cancelled. They conducted a training for dementia care on 5/5/21, which the SDC said lasted 45 to 60 minutes. There was another training scheduled on resident rights and dementia, but that was not scheduled until 11/5/21.
The NHA, DON and QANM were interviewed together on 8/26/21 at 8:00 p.m. The QANM said this resident spent a lot of time in bed and it had been difficult for the staff to meet her psychosocial needs. The NHA said dementia care had been taken to the QAPI (quality assurance performance improvement) team, but not consistently. She said additional training into dementia care was part of the PIP (performance improvement plan) and those trainings were on the Pay Com, computerized training system the staff completed on their pay days. The NHA stated the facility had called the crisis center at the local mental health center several times due to Resident #49's behaviors, but were denied services due to her diagnosis of dementia and because they could not care for her physically in an inpatient setting. She said the facility had attempted using different headphones and different music, having her daughter visit and having staff sit with her one-on-one at times. They said many medication adjustments had been attempted, with the result being a trend of behavioral improvement, then further adjustments. She said the facility had been considering a geri-psychiatrist or other placement.
Based on observations, interviews and record review, the facility failed to provide adequate dementia care to ensure residents reached their highest practicable psychosocial potential for two (#84 and #49) of seven residents reviewed out of 44 sample residents.
The facility failed to develop and implement a dementia care plan for Resident #84 to help her adjust to being newly admitted to the facility. Although she had daily hospice visits, facility staff were not observed providing in-room visits, socialization opportunities, or non-pharmacological interventions to address the resident's increasing distress. Moreover, she was denied a family compassionate visit, which upset the resident and her family.
The facility further failed to provide effective dementia care interventions for Resident #49 to ensure she was free from resident-to-resident altercations.
Findings include:
I. Facility policy
The Focused Dementia Care policy, revised October 2019, was received by the nursing home administrator (NHA) on 8/26/21 at 11:55 a.m. It documented the policy was created to address the issue of meeting the resident with Alzheimer's and other forms of dementia where he/she is and entering that world as opposed to requiring them to conform to nursing home routines.
Procedures include:
-Staff to assess the environment regularly for too much or too little noise, light and stimulation;
-Encourage maximal independence, time outdoors, physical activity and redirecting resident away from high stress environment;
-Provide stimulation (to avoid boredom); ensuring an adequate number and type of activities on all shifts. Addressing loneliness/isolation;
-Staff to assess for residents sleeping often during activities or dining;
-Residents will be assessed for sensory deficits and how these deficits may impact cognition including use of adaptive equipment and ensuring that it is used appropriately and consistently;
-Assessment performed for issues during care transitions (unit or room change) and what prompted the change. Information transferred effectively among care providers; and
-Recognition that acceleration of behavior may signify an unmet need. Try to determine residents' needs, try distraction, activity, food, fluids, toileting or pain management.
II. Resident #84
A. Resident status
Resident #84, age [AGE], was admitted on [DATE]. According to the August 2021 computerized physician orders (CPO), diagnoses included hemiplegia following cerebral infarction (stroke) and unspecified dementia.
According to the 8/4/21 MDS assessment, the resident had moderate cognitive impairment with a BIMS score of nine out of 15. She exhibited fluctuating delirium symptoms of disorganized thinking and altered levels of consciousness. Identified mood indicators were feeling down,
depressed, hopeless; sleeping too much; feeling tired and having little energy. She had no documented hallucinations or delusions, and no behavioral symptoms or rejection of care. She was totally dependent for bed mobility, transfers, toilet use and personal hygiene; and needed extensive assistance with dressing.
B. Resident observations
Resident #84 was observed periodically throughout the survey, from 6:05 p.m. to 9:30 p.m. on 8/22/21, and 8:00 a.m. to 6:00 p.m. on 8/23, 8/24, 8/25 and 8/26/21.
Observations revealed Resident #84 spent most of her time in bed on her back in her room. Although her bed was by the window, her blinds were drawn and she could not see outside. Her television was out of her line of vision and positioned high on the wall near the ceiling, above and behind her head to her left side. No music was playing in her room.
There were no sensory stimulation items observed for her to touch, hold or handle. She was observed with a small teddy bear in bed next to her on one occasion, on the afternoon of 8/23/21. On one occasion, on 8/24/21, she was observed in the dining room during a lunch meal, and was calm and engaged in the television show that was playing. On one occasion she had religious music playing in her room, on the evening of 8/26/21.
Although crochet supplies were observed on her bedside table, during all the observation periods above, she was never observed being offered them, and they were positioned where she could not readily see them. She was never observed being invited to activities, taken outside to enjoy the sunshine, or being offered or participating in visits with snacks, hand massages or manicures.
C. Record review
1. Care plans
The resident's cognition care plan, initiated 7/29/21 and revised 8/10/21, identified a diagnosis of dementia with episodes of disorganized thinking. She was admitted to hospice. Interventions were:
-Allow and encourage resident to make her own decisions
-Notify physicians of unexpected changes in her condition
-Referral for speech therapy if needed
-BIMS as needed
-Listen/validate feelings and concerns
-Provide clocks and calendars and verbal reminders
-Monitor behaviors
-Allow resident to choose clothing/shoes as able
-Hospice support.
The mood care plan, initiated 7/29/21 and revised 8/10/21, identified the potential for mood decline. The resident was admitted on hospice and had some crying episodes. Triggers were feeling down, trouble sleeping and feeling tired. She declined the need for a licensed clinical social worker at the time. She was started on Haldol for agitation/restlessness. Interventions included: validate feelings, notify physician of unexpected changes to mood, music, encourage activities/socialization, and refer for spiritual support as needed.
The activities care plan, initiated 7/29/21 and revised 8/10/21, identified the resident was pleasantly confused and often has nonsensical conversation. She worked as a cook. She is most content in the comfort of her room watching television. She embraces her faith and reports she is a very spiritual person and prays often. She will have the opportunity to regularly attend church services. She has regular visits form the hospice chaplain. She is in contact with her loved ones via phone and has opportunities for scheduled in person visits. She reports poor eyesight and is unable to read large print, she was offered audio books and refused. She enjoys country western music and has accepted in room music with country western and religious CDs. Activities will provide social visits to orient her to activity staff and activity schedule. She has no stated goals for activities. The interventions were:
-Provide social visits, re-orient when having increased confusion, transport to and from any activity she attends, assist with in room music.
-Provide with a monthly activity calendar, offer independent activity materials, notify, invite and encourage to attend activity groups.
The behavior care plan, initiated 8/10/21, identified delusional episodes. She thought her dog was in the parking lot and wanted to get her car from down the street, which was not accurate. She also had hallucinations, bending over trying to feed her dog who was not there. She had poor safety awareness and was very restless with increased fall risk. Interventions were:
-Notify physician of changes in behavior
-Monitor behavior
-Positive distraction/reminisce
-Call daughter for added support
-Encourage socialization as able
-Assist with tasks
-Validation
-Compassion visits as appropriate.
2. Activity assessment and participation documentation
According to the 8/4/21 activity assessment, Resident #84 received extra support from hospice, enjoyed crocheting, country western in-room music, had Christian religious preferences, and enjoyed walking/wheeling outdoors when weather permitted. She enjoyed television, specifically the TBS channel, TV Land, westerns and Price is Right. She was interested in vegetable gardening, socializing with staff, and her hobbies were television and crocheting.
3. Interdisciplinary team (IDT) progress notes
IDT notes revealed in pertinent part the following:
On 7/29/21 at 1:39 p.m., the resident had refused breakfast and lunch, was complaining of pain and grimacing, and had difficulty feeding herself and drinking fluids. The resident's family was contacted for a compassionate visit.
On 7/30/21 at 5:29 p.m., the resident had been crying several times throughout the day, requesting to call her daughter or see her kids.
On 7/30/21 at 11:17 p.m., per nurses' notes, the resident's daughter voiced the following concerns in pertinent part: the resident's TV was not on all day, she needed one-to-one feeding assistance, she had not been getting up since her hospitalization due to pain so she needed to sit straight up in bed to eat, she was unable to reach her water and had not been given water all day, and she had not received any updates from staff since her mother arrived. The nurse documented she addressed the above concerns as she was able and facilitated a phone call between the resident and her daughter.
On 7/31/21, the resident's daughter visited in the morning and into the afternoon.
On 8/8/21 at 1:02 p.m., the resident was up in her chair for meals that day, tolerating well.
On 8/11/21 at 9:31 a.m., care conference notes with hospice and facility staff, resident and family participating, revealed hospice staff reported the resident was working through some depression and transition to a new place, missed her home and family, and suggested bringing some photos from home to make her room more homelike, and offering crocheting, which the resident was willing to try and her daughter said she would bring in.
On 8/20/21 at 2:32 p.m., the resident was extremely restless and agitated all shift, frequently calling out for help. Staff would respond and while they were still in the room she would call out for someone to please come and help her. She also kept repeating that she wanted to go home. Haldol (antipsychotic medication) and morphine (pain medication) were administered to try to reduce her restlessness and agitation.
On 8/21/21 at 8:00 p.m. the nurse noted receiving a call from the resident's granddaughter who said she would be coming from out of town for a visit the next day. The nurse wrote she had been told in report that the resident no longer could receive compassion visits. The resident's granddaughter was very upset and the nurse later facilitated a call between the resident and her granddaughter but the resident was very agitated and unable to hold a conversation. The hospice nurse later facilitated a call with the nurse and the resident's daughter, who said she had been turned away for a visit that day, and her daughter was being denied a visit tomorrow, and she was very upset. The nurse documented the resident's daughter was too agitated to talk to her mom and ended the call. The hospice nurse called back and asked for the facility fax number to send a recommendation to continue compassion visits. The nurse noted the fax was received and this issue took about 1.5 hours.
On 8/21/21 at 12:59 a.m., the nurse documented the resident had significant agitation this evening and continually called out for help. The CNA and nurse responded several times to provide care; the resident was unable to state what she needed. PRN (as needed) morphine was given with no effect. PRN Haldol was given with effectiveness.
On 8/21/21 at 6:10 a.m. the resident was heard calling out for help and was found on the fall mat next to her bed. Her Foley catheter was pulled out.
On 8/21/21 at 7:27 a.m., the social services director documented due to continued restlessness/agitation and decline family was approved to continue with in room compassion visits at this time. Hospice nurse agreed compassion visits remain appropriate. Resident is unable to be up long enough for an outdoor visit. Compassion visits will be reviewed as needed and if in room compassion visits end POA will be notified prior to stopping them. Attempted to contact POA via phone, no answer. Did let nurse know and to inform family if they call.
-There was no documentation to show why the resident's compassionate visits were discontinued or why there would be any reason they were not allowed to continue. There was no further documentation about the resident's daughter having been turned away the day before, or that the resident's granddaughter was called so she could visit that day.
On 8/21/21 at 2:59 p.m., the resident had been agitated and restless much of the shift, and was given Haldol and morphine. She remained restless until about 2:30 p.m., and was now lying comfortably in bed and reported she was feeling a little better.
On 8/22/21 at 10:36 a.m., the resident was restless that morning. The hospice nurse visited and said new orders would be faxed.
On 8/22/21 at 4:42 p.m., maintenance staff alerted nursing that they saw the resident on the floor, lying between her bed and the window. She had been agitated and had Haldol and PRN pain meds. Her Foley catheter was out with the balloon intact. Her bed was positioned as low as possible with fall mats on either side. Did call hospice and a hospice nurse will come out and evaluate whether to replace Foley or not since second day in a row Foley was pulled out due to agitation and falling out of bed. Did give another dose of Haldol and one oxy and resident did take without a problem. Resident does not call on call light and frequent checks on resident by staff.
On 8/23/21 at 2:19 p.m., the resident continued with extreme agitation and restlessness. Last evening there were some delusional statements about a man but she wasn't very coherent. This morning she wanted up in a chair so we put her in a chair and she was attempting to crawl out of the chair. Hospice nurse in now. Observed her condition and ordered increase in meds.
On 8/23/21 at 6:45 a.m., the resident was lying on the ground next to her bed and dresser, oxygen tubing had snapped, looked as if the resident had tried to pull herself up with the dresser, as shelves were missing and contents of the drawers were on the ground. The resident was screaming out in pain and asking for help.
On 8/23/21 at 4:26 p.m., hospice was called and asked if a bed might be available at the inpatient center or if hospice had someone who could sit with the resident. Called pharmacy for fill of recent Ativan order and hospice had not yet sent them a script. The pharmacy was following up with hospice to be able to fill the order.
-The facility did not provide staff to sit with the resident when hospice did not respond to their request.
On 8/23/21 at 4:49 p.m., the resident was found on the floor on her stomach between her wheelchair and the bed, yelling out for help to get me up. The resident denied injury or pain. The nurse spoke to the resident's son and asked if there was a family member or friend who could sit with the resident. He said he would talk with the family.
On 8/24/21 at 3:33 p.m., the resident remained confused, short term memory was poor, she could not remember whether she had eaten a meal, what she had to eat, when she spoke with her daughter, whether she had taken her medications. Wider bed put in place today as another intervention to try to prevent falls out of bed. She had a bath today, chaplain in visiting with her now. No distress noted or ill effects from medications.
On 8/24/21 at 9:57 p.m., the resident continues to attempt to crawl out of bed, and was confused and cannot be educated on calling for help.
On 8/25/21 at 4:35 p.m., an order was received to increase Haldol to 1mg every four hours, and Ativan 2 mg/ml 0.5 mg every eight hours, scheduled.
On 8/25/21 at 6:00 a.m., the resident, during a period of agitation, pulled Foley catheter out with balloon intact. Notified physician, reinsert catheter.
On 8/25/21 at 10:32 p.m., a nurse documented the resident was given 5mg of Ativan instead of the ordered 0.5mg. Resident is responsive to touch, voice, and respiratory rate is 18 with no adverse reaction noted. On call physician was notified with a response of monitoring the patient's respiratory rate due to the fact that the resident is also taking morphine and Haldol. Family is being notified. Resident will continue to be monitored throughout the night. (Cross-reference F760, significant medication error.)
D. Staff interviews
Licensed practical nurse (LPN) #4 was interviewed on 8/25/21 at 10:53 a.m. She said she kept her medication cart at Resident #84's end of the hall because she had had numerous falls because she got agitated and fell out of bed. She said she thought the resident was having terminal agitation. LPN #4 said Resident #84 had no serious injuries from her falls, but had received some abrasions. She said she was talking to staff about getting Resident #84 up and out of bed more because she seemed to enjoy having others around. She said she had also recently learned that the resident enjoyed watching soap operas on television.
The activity director was interviewed on 8/25/21 at 5:05 p.m. She said the resident was new to the facility and had support services from hospice. She reviewed the resident's care plan, saw that she liked television, and said she could get her television moved. She said she had not heard about Resident #84 enjoying soap operas, and recalled that she refused music although her care plan said she enjoyed country-western and religious music. She said Resident #84 got tearful by the end of meals in the dining room. She said it was difficult to engage the resident in activities because she had delusions and was on hospice, and seemed overstimulated when she was out and about. She did not mention any activities she had attempted to provide for Resident #84. (See activity participation documentation above, which showed only four 15-minute one-to-one activities since the resident's admission on [DATE].)
CNA #4, who provided care for Resident #84, was interviewed on 8/26/21 at 10:42 a.m. She said, There's not a whole lot of dementia care; I try to help them. Residents could use more activity, doing stuff, getting out of their rooms. (Resident #84) is kind of difficult, you get her in a chair and she wants to lay back down or she lays down and wants to get right back up. I think she could use someone going in and visiting and talking to her. (Cross-reference F725, sufficient nursing staffing.)
The quality assurance nurse manager, director of nursing and nursing home administrator were interviewed on 8/26/21 at 8:00 p.m. They said dementia care was something they discussed regularly in quality assurance meetings. They said they provided staff training regarding dementia care, trauma informed care and behavioral interventions.
They said they were unaware of any time Resident #84 was denied compassionate visits from her family.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0760
(Tag F0760)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and interviews, the facility failed to prevent a significant medication error for one (#84) of one reside...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and interviews, the facility failed to prevent a significant medication error for one (#84) of one resident reviewed out of 44 sample residents.
Specifically, Resident #84 was administered an incorrect dose of antianxiety medication, 10 times what was ordered by the physician, on the evening of 8/25/21.
Findings include:
I. Facility policy
The Medication Orders policy, revised October 2019, was provided by the director of nursing (DON) on the evening of 8/26/21. The policy did not include following physician orders. The policy did include the statement that a current list of orders (CPO) must be maintained in the clinical record of each resident and are necessary to avoid confusion and errors. They are found in either the hard chart or the electronic medical record.
II. Resident status
Resident #84, age [AGE], was admitted on [DATE]. According to the August 2021 CPO, diagnoses included hemiplegia following cerebral infarction (stroke) and unspecified dementia.
According to the 8/4/21 MDS assessment, the resident had moderate cognitive impairment with a BIMS score of nine out of 15. She exhibited fluctuating delirium symptoms of disorganized thinking and altered levels of consciousness. Identified mood indicators were feeling down, depressed, hopeless; sleeping too much; feeling tired and having little energy. She had no documented hallucinations or delusions. She was totally dependent for bed mobility, transfers, toilet use and personal hygiene. She needed extensive assistance with dressing.
III. Record review
Resident #84 had a physician order dated 8/25/21 for Ativan (antianxiety medication) 2mg/ml (0.5 milligrams) oral every eight hours starting 8/25/21.
Review of nursing progress notes revealed on 8/25/21 at 10:32 p.m., a nurse documented the resident was given 5mg of Ativan instead of the ordered 0.5mg. Resident is responsive to touch, voice, and respiratory rate is 18 with no adverse reaction noted. On call physician was notified with a response of monitoring the patient's respiratory rate due to the fact that the resident is also taking morphine (pain medication) and Haldol (antipsychotic medication). Family is being notified. Resident will continue to be monitored throughout the night.
-The resident was administered an additional 4.5 mg over the ordered dose of the antianxiety medication.
A follow-up nursing note on 8/25/21 at 11:47 p.m. documented, Res (resident) continues to be stable. Resps (respirations) are 16. Resident is responsive to touch and voice.
The Medication Discrepancy Report, dated 8/25/21, no time documented, was provided by the director of nursing (DON) on the evening of 8/26/21. The error was wrong dose. The incident was described as follows: (Resident #84) has scheduled Ativan 0.5mg oral every 8 hours. A dose of 5mg was given at 2200 (10:00 p.m.) by mouth. The resident condition was documented as follows: Resident is lying in bed, no SOB (shortness of breath), no discomfort, able to speak, resident was confused before dose was given & is still A&Ox1 (alert and oriented to self only), no change. The corrective action taken was: Physician notified, family notified, resident is being monitored. The measure taken to prevent recurrence was: Education on double checking doses. The physician's response was: Monitor respiratory rate.
A nursing note on 8/26/21 at 2:42 p.m. documented, Resident resting quietly in bed, checked frequently, arouses easily. Respirations 16, unlabored. PM medications held due to lethargy. Daughter in for compassion visit. Foley catheter draining dark clear urine. Repositioned (every) 2 hrs. No complaints or signs/symptoms of pain.
IV. Resident observations
Resident #84, observed periodically throughout the day on 8/26/21, slept throughout the day.
V. Staff interviews
Resident #84's nurse, licensed practical nurse (LPN) #4, was interviewed on 8/26/21 at 11:00 a.m. She said she was checking on Resident #84 often to follow up on the medication error from the night before. She said the resident was doing fine, but she was very somnolent.
The director of nursing (DON), quality assurance nurse manager and nursing home administrator were interviewed on 8/26/21 at 8:00 p.m. The DON said it was unfortunate the medication error had occurred, that the nurse read the order wrong and gave the incorrect dose. She said no other significant medication errors had occurred the previous night, or recently at the facility. They said medication errors were always discussed in quality assurance meetings.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Resident Rights
(Tag F0550)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY**
IV. Resident #6
A. Resident status
Resident #6, age [AGE], was admitted on [DATE]. According to the August 2021 computerized ph...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY**
IV. Resident #6
A. Resident status
Resident #6, age [AGE], was admitted on [DATE]. According to the August 2021 computerized physician orders (CPO), diagnoses included Parkinson's disease, anxiety disorder, other specific depressive episodes, and osteoarthritis.
According to the 5/21/21 minimum data set (MDS) assessment, the resident had moderate cognitive impairment with a brief interview for mental status (BIMS) score of 12 out of 15. Resident #6 required extensive assistance of one person's physical assistance with bed mobility, toilet use, transfers, dressing and personal hygiene. Set needed supervision with set up for eating.
B. Resident interview
Resident #6 was interviewed on 8/23/21 at 3:06 p.m. She said some staff she had to work with were not compassionate or competent. She said she thought some staff did not know how to work with people with disabilities. She said sometimes staff can be insensitive to her. Resident #6 said she overheard one certified nurse aide tell other staff that the resident could do more with her hands than she led on to. She said it hurt her feelings. She said she tried hard but had limitations in her hands due to Parkinson's and a deformity with fingers. She said there were other CNAs she had concerns with at the facility too. The resident requested to continue the interview at another time.
Resident #6 was interviewed on 8/24/21 at 9:14 a.m. She said she has had difficulty with one CNA everytime she worked with her. She said she could describe but did not know her name. She said the CNA was young, big and did not know how strong she was and could be rough and rushed doing cares. Resident #6 said the CNA was rough and rushed each time the resident had to work with her. The resident said she was very stiff and it hurt her when the CNA she shoved the pulse oximeter on her finger and when she was jerky and abrupt with transfers. Resident #6 said the CNA was demeaning to her in her manner of speaking. She said she felt like the CNA talked down to her and she did not like the tone in her voice when she used her name or said Honey or Hon. The resident said she asked the CNA not to seem more irritated with her when she asked her not to say her name with a belittling tone. The resident said the CNA made her feel like a child. She said she told other staff and has not worked with her for the past week.
Resident #6 was interviewed again on 8/25/21at 11:29 a.m. The resident said that she felt mean requesting not to work with the CNA who was very authoritative towards her but really did not like the way she was treated by her. She said she was informed that she will not have to have her as her CNA anymore. Resident #6 said that it made her feel happier.
C. Staff interview
The social service director (SSD) and the quality assurance nursing manager (QANM) was interviewed on 8/24/21 at 11:47 a.m. The SSD and the QANM identified themselves and the facility's abuse coordinators and nursing home administrator provided oversight. The SSD said she did not recall any abuse or dignity concerns addressed by Resident #6 or reported by staff. The QANM said when a resident stated staff was rushed or too fast, education was usually offered to all staff working with the residents.
The NHA was interviewed on 8/24/21 at 1:58 p.m. The above concerns were reported and reviewed with the NHA. She said she was not aware of the care concerns and no one reported to her that Resident #6 did not want to work with a CNA because of the way she was treated by her. She said if residents had a personality issue with a staff member, the staff member would not be assigned to work with that resident. She said concerns addressed by the resident should have been documented. The NHA said the concern of treatment by a CNA would be investigated.
The NHA was interviewed on 8/24/21 at 3:15 p.m. She was not aware if Resident #6's 7/21/21 concern was followed up with after Resident #6 reported it. The NHA said no reports or documentation was found on the concern other than a general interview on resident care during routine rounds. She said the statement read that the resident heard a staff member say she was pretending that she could not do much for herself. The NHA said she felt the concern was a dignity issue. The NHA said she would interview Resident #6 on the above concerns and determine the next course of actions.
The NHA was interviewed on 8/25/21 at 10:29 a.m. She said met with Resident #6 and determined the CNA that she did not want to work with was CNA #12. The NHA said the resident described her as rough but was more focused on the CNA being abrupt and fast . She said Resident #6 told her the CNA was abrupt in movements, contributing to the resident feeling jerked. The NHA said the resident told her she did not like her attitude and felt she was authoritarian. The NHA said the resident said she did not like her tone in voice or how she said her name. She said the resident told her that she felt the CNA did not realize how stiff she was due to her Parkinsons but denied intentionally causing physical or verbal harm.
The NHA said the CNA was currently attending school and only working as needed. She said the facility interviewed staff and other residents. She said no longer resident expressed a concern with the CNA and none of the staff said they were aware of the resident's concern with CNA #12.
The NHA said she was concluding the investigation with possible education if the CNA decided to return to the facility. She said the CNA would not be scheduled to work with this resident.The NHA said she informed the resident's daughter of the concern and informed that Resident #6 would not receive care from CNA #10.
The social service assistant (SSA) was interviewed on 8/25/21 at 3:17 p.m. She said residents had the right to be treated with respect and dignity. She said residents were interviewed when they expressed a grievance of concern with staff. The SSA said they address the concern and determine what actions would be taken. She said the residents should feel safe and comfortable at the facility. The SSA said any negative words, feelings would be investigated and reviewed under abuse and dignity. She said if a resident said they were not being heard, spoken to as if they were a child, it would be a dignity concern.
The social service director (SSD) was interviewed on 8/26/21 at 1:03 p.m. She should have followed up with Resident #6 after she told staff on 7/21/21 she said she overheard a staff member talk about her. She said should have reviewed her concern as a dignity concern. She said she should have asked the residents for descriptive details to help determine who she overheard and provide staff training. She said she should have followed up with the resident to determine how she felt about her concern.
The NHA was interviewed again on 8/26/21 at 11:48 a.m. She said the facility did not identify which staff member said Resident #6 was pretending that she could not do more for herself then she could. She said social service completed the interview with the resident but there was no additional action. She said the concern should have been investigated further on 7/21/21 to identify the CNA right away by asking questions on description, when it occurred, and on what shift. She said the facility would have provided corrective action and education to that staff member and ensured the resident felt comfortable. She said residents should feel safe and comfortable in the facility.
D. Record review
The August 2021 care plan for psychosocial well being identified Resident #6 had a potential for impaired psychosocial well being. Interventions included listening to the resident's concerns, addressing timely and providing opportunities for open communication related to situational stressors.
The August 2021 care plan for mood identified the tearful episodes. According to the care plan, staff should validate her feelings.
The August 2021 care plan for mobility identified the resident had a self care deficit related to Parkinson's and osteoarthritis.
A 7/21/21 statement was provided by the NHA on 8/24/21 at 3:15 p.m. The NHA said the statement was in response to general questioning on care provided during rounds. The statement read They are ok (staff) most of the time they are fine and nice. One time I was using the sit to stand and I am stiff in the morning and the gal told me I was pretending there was something wrong with my hands. The other day I was getting up and I have leg spasms and they told me that I needed to try, I can't.
Minutes from an 8/5/21 staff meeting were provided by the social service director on 8/26/21 at approximately 11:30 p.m. The minutes read in pertinent part: Resident #6 (identified by her room number) has a progressive disease that affects her stamina and ability to perform self-cares. Please be encouraging and not condescending when appropriately pushing her to do as much as she can for herself. She is sensitive and when she feels rushed it increases her anxiety and decreases her ability. Be patient, positive and empathetic.
A documented interview with Resident #6 was provided by the NHA on 8/25/21 at 10:29 a.m. According to the documented interview, Resident #6 reiterated that she did not have to work a certain CNA. The CNA was identified as CNA #12.
A warning statement for CNA #6 was provided by the facility on 8/26/21 at approximately 7:50 p.m. According the the warning statement, CNA #12's approach and attitude was addressed as a complaint. The statement read her tone of voice could seem belittling and her approach abrupt. The statement instructed CNA #12 to provide residents with their physical needs as well as their emotional needs.
An education letter was provided by the facility on 8/26/21 at 1:03 p.m. The letter read a resident felt CNA #12 had an authoritative approach, and was fast and abrupt. According to the letter the concerned resident felt the CNA did not realize how stiff her Parkinson's could make her. The letter requested CNA #12 to change her approach. The education letter provided education on how to work with the residents and why an appropriate approach was important. Examples of appropriate interactions included greeting the resident and talking to her as if she was a friend or relative, offering conversation to help bond with them. The letter reminded the CNA that listening to the residents helped them feel better. The letter revealed the facility required CNA #12 to agree to soften her approach and put enthusiasm'' in her attitude.
E. Facility follow up
The NHA, the director of nursing (DON) and the quality assurance nurse manager (QANM) was interviewed on 8/26/21 at 8:03 p.m. The management team said they were going to incorporate a hospitality aide on each hall to help staff feel that they did not have to rush with activities of daily living care (ADLs). The hospitality aide would be able to assist in non-clinical needs of the residents so the CNAs would have more time with personal care.
V. Dignity with dining
A. Resident observation and interview
On 8/25/21 at 12:45 p.m. Resident #6 was observed sitting in the dining room with her tablemates. The tablemates had completed lunch plates in front of them waiting to be picked up. Resident #6 did not have a plate in front of her. She said she had been in the dining room since 11:30 a.m. Resident #6 said she ordered spaghetti and meatballs. She said she was told by three people the order was special and it was coming but she needed to wait.
-At 12:50 p.m. Resident #6 was served a plate of spaghetti and meatballs.
The posting in the dining room read the lunch meal would begin at noon.
B. Resident interview
The resident was interviewed on 8/26/21 at 4:47 p.m. She said she tried to always have patience but waiting for her spaghetti for an hour was frustrating. She said everyone around her had their lunch and she had to just wait as they ate. Resident #6 said it upset her because she felt serving her lunch was not as important. She said she was not informed that her spaghetti would take so long. She said she was worried about the timeliness of her medication related to when she ate and she had a visitor coming and wanted to be ready and not have to rush to eat before they came.
C. Staff interview
The registered dietitian (RD) was interviewed on 8/26/21 at 4:15 p.m. The RD said that waiting for special orders depended on what was special ordered. She said some special orders could take as long as 20 minutes. She said they only had one microwave and if a special food item required heating up, it would depend on how many other special orders needing heating were ahead of that order. She said they tried to give residents a variety of different choices/alternatives. She said maybe that was the problem and they may have to cut back on special orders.
D. Resident #37
1. Resident status
Resident #37, age [AGE], admitted on [DATE]. According to the August 2021 computerized physician orders (CPO), diagnoses included progressive supranuclear ophthalmoplegia, dementia with lewy bodies, specific depressive episodes, mild protein-calorie malnutrition, spastic heiplegia affecting unspecifed side.
The 6/30/21 significant change minimum data set (MDS) assessment identified the resident had moderate cognitive impairment with a brief interview for mental status (BIMS) score of 9 out of 15. According to the MDS, Resident #37 required total dependence of two or more persons physical assistance with transfers and extensive assistance of two or more persons physical assistance with bed mobility and toileting. The MDS identified Resident #37 needed extensive assistance of one person's physical assistance with dressing and personal hygiene. The 6/30/21 MDS indicated Resident #37 needed supervision and set up with eating.
2. Record review
The August 2021 mobility care plan identified Resident #37 had a self-care deficit and decreased range of motion. According to the care plan, the resident needed limited one person assistance with meals.
The August 2021 psychosocial well-being care plan identified Resident #37 benefited from communicable dining. The care plan directed staff to engage Resident #37 in conversation during care.
The August 2021 cognition care plan revealed staff should promote dignity when conserving and providing care for Resident #37. According to the care plan, staff should use communication techniques when interacting with her. Recommended techniques included calling by name, identifying self at each contact, speak clearly and avoid distractions.
3. Observations
Resident #37 was observed in the dining room on 8/23/21 at 11:55 p.m.
-At 12:10 p.m. her plated meal was placed in front of her at the table.
-At 12:15 p.m. CNA #10 sat next to her and proceeded to total meal assistance. CNA #10 did not greet the resident before she started to assist her with the meal.
-At 12:16 p.m., CNA #10 left the table and collected the meal order from another resident.
-At 12:17 p.m. Resident #17 remained alone at the table, staring at her food.
-At 12:19 p.m. CNA #10 returned to the dining table of Resident #17.
Between 12:19 p.m. and 12:31 p.m., CNA #10 assisted Resident #37 with eating, reaching across the resident's body to place the utensil in her mouth. CNA #10 sat directly parallel to the resident. She did not position herself to face the resident. She did not interact with the resident. She did not attempt to make eye contact with the resident. CNA #10 focused on other staff actions and conversations in the dining room.
-At 12:31 p.m., CNA #10 assisted Resident #37 out of the dining room.
E. Resident #9
1. Resident status
Resident #9, age [AGE], admitted on [DATE]. According to the August 2021 computerized physician orders (CPO), diagnoses included dementia without behavioral disturbances, osteoarthritis, cerebral infarction without deficit, and vitreous degeneration of left eye.
According to the 5/24/21 minimum data set (MDS) assessment, the resident had moderate cognitive impairment with a brief interview for mental status (BIMS) score of 8 out of 15. Resident #9 required extensive assistance of one person's physical assistance with bed mobility, toilet use, transfers, and dressing. The MDS revealed Resident #9 required limited assistance of one person's physical assistance with eating.
2. Record review
The August 2021 mobility care plan identified Resident #9 had a self-care deficit related to dementia and decreased range of motion. According to the care plan, the resident needed some cueing and reminding to eat.
The August 2021 cognition care plan identified Resident #37 required cues and reminders daily. The care plan revealed staff should promote dignity when conserving and providing care for Resident #37. According to the care plan, staff should use communication techniques for optimum interactions. Recommended techniques included calling by name, face resident when making eye contact, speak clearly and avoid distractions.
The August 2021 psychosocial well-being care plan identified Resident #37 was at risk for impaired psychosocial well-being. The care plan directed staff to listen to resident concerns.
3. Observation
On 8/23/21 at 12:34 p.m. CNA #10 sat next Resident #9 as she ate her meal. The CNA did not greet the resident when she sat next to her. The CNA did not interact with the resident as she sat beside her. The CNA focused on the dining room activity including observing her own finger nails.
-At 12:48 p.m. CNA #10 was observed watching the television as she conversed with another resident about the golf game. She did not interact Resident #9.
F. Staff interview
The social service worker (SSW) was interviewed on 8/26/21 at 11:44 a.m. She said staff should engage residents when they were providing any type of meal assistance. The SSA said the engagement included small conversation and eye contact. She said converserving with residents creates a dignified, comfortable and enjoyable meal experience. She added the simple engagement could combat loneliness and improve mood.
The registered dietitian (RD) was interviewed on 8/26/21 at 2:22 p.m. She said the nursing trained the CNAs how to provide meal assistance for the residents but she would provide on the spot education with a CNA if she identified a concern. The RD said staff should always offer compassionate engagement when working with the residents in the dining room. The RD said the engagement promoted a more beneficial eating experience. She said the engagement should include conservation and eye contact. She said she would correct a CNA if she identified if they were not fully focused on the resident. She said the CNA needed to engage and be completely present with the resident they provide meal assistance to, whether it was cueing and supervision to total meal assistance depending on what the resident required. The dining observations above were shared with RD. She commented that staff would not want a family member treated in the same manner as the observed concern, so they should not treat a resident in that manner. The RD said she would follow up with nursing and offer increased training to all staff who provide resident meal assistance.
The DON was interviewed on 8/27/21 at approximately 4:10 p.m. She said the RD informed her of the above dining observations and would provide education to CNA #10.
VI. Resident #41
A. Resident status
Resident #41, age [AGE], was admitted on [DATE]. According to the August 2021 computerized physician orders (CPO), diagnoses included anxiety disorder, other specific depressive episodes, and osteoarthritis.
According to the 6/14/21 minimum data set (MDS) assessment, the resident was cognitively intact with a brief interview for mental status (BIMS) score of 15 out of 15. Resident #41 required supervision with set up for most of her activities of daily living ADLs.
B. Resident interview
Resident #41 was interviewed on 8/23/21 at 03:03 p.m. She said her appearance was important to her and she tried hard to maintain it. She said she has had a lot of clothes come back wrinkled or damaged when they go to the laundry. Resident #41 said some clothes do not come back to her at all. She said it upsets her because the facility did not take responsibility or action and she can not feel good about how she presents herself when she did not have her clothes taken care of. She said her clothes were special to her and often gifts from family. She said she was told by the former social service director that she should not bring in clothes to the facility that were considered good. She said she often has reported lost and damaged clothes but then did not hear back from staff or told that there was nothing that they were going to do about it. She said she has had shirts come back with holes and most recently she had a new pair of blue pants that were bleached and faded brown. Resident #41 said she reported another pair of navy pants missing several months ago but they have not been returned nor has anyone followed up with her. She said the pants were part of an outfit she really liked and was upset that she now only had the matching shirt. She said their lack of respect for her and her personal items, makes her cry and not want to be here at this facility. She said she was very frustrated and has been told not to complain.
C. Record review
The admissions and laundry policy was reviewed with the SSA #1 on 8/25/21 at 3:17 p.m. According to the laundry policy, last updated 8/6/21, the facility recommended residents to bring in seven outfits. The policy also recommended no special wash items. The policy read the facility would not mend clothing. The policy read the facility was not responsible for lost items but every effort was made to return items to the resident. The policy was signed by the facility's laundry supervisor/public relations coordinator (LS/PR).
A missing items spreadsheet was reviewed with the SSA on 8/25/21 at 3:17 p.m. According to the sheet, Resident #41 was missing a blue pair of pants since March 2021. The spreadsheet did not identify an action taken when the pants were first reported missing. The spreadsheet did identify a search for the pants was conducted in May 2021.
D. Staff interviews
The social service assistant (SSA) was interviewed on 8/25/21 at 3:17 p.m. She said when residents express concerns such as missing laundry the concerns were logged. She said Resident #41 has expressed concerns with laundry and has reported lost and damaged clothing. She said on 3/19/21 Resident #41 reported a blue pair of pants. On 5/5/21 the pants were still reported missing so a closet-to-closet search was initiated.
The SSA said on 8/17/21, Resident #41 was missing a pair of blue pajamas and bleached navy blue pants. The SSA said the blue pair of pants was in the social service office. The observation of the pants revealed the pants were faded brown. The SSA said they have had a lot of problems recently with laundry and the concerns would be addressed in the next quality assurance meeting. She said they have had other residents ' items also damaged in laundry. She said the first time the facility was aware of bleached clothing was on 7/29/21.
The SSA said it was not the practice of the facility to reimburse residents for lost or damaged clothing. She said residents have to sign a waiver when they admit to the facility, acknowledging the facility was not responsible for items missing or damaged when laundered by the facility.
The SSA said the residents should feel they and their items are taken care of and respected. The SSA said items such as clothes could have a sentimental value. She said residents should have an opportunity to take pride in their appearance. She said it was important for the residents to be seen how they want to be seen. She said it was important for a resident's mental health to feel happy is what really matters. She said she felt that a resident would not be treated with dignity if they were told they could not bring in clothes the resident wanted to wear. She said residents should be able to wear clothes that would make them feel good. The SSA said residents should be able to trust that their property was safe at the facility and feel comfortable in how they look.
The LS/PR was interviewed on 8/26/21 at 3:40 p.m. She said lost clothing was reported to social services or laundry. She said the staff would conduct a search for the item when reported. If we can not find the item, the resident would be told that the facility would keep an eye out for it as clothes continue to come into the laundry department. The laundry department keeps a list of all the missing clothing. She said the item would not be replaced if not found.
The LS/PR said if a resident reported an item damaged in the laundry, the facility identified if the concern was the fault of an employee or equipment, she would provide staff education or repair the equipment. She said it was not the policy of the facility to replace or reimburse items damaged in laundry. She said the residents have been made aware of the policy.
The LS/PR said a washing machine vendor came into the facility on 8/24/21 and identified an operation setting failure within the machine causing residents' clothes to bleach. She said the facility was not at fault for the bleached clothing.
The LS/PR said the fault was an equipment failure. She said the policy remained in place and the facility will not replace items. She said the nursing home administrator was aware of the policy.
The nursing home administrator (NHA) was interviewed on 8/26/21 at 4:17 p.m. The NHA said residents could place personal items of importance in a locked box. She said if the items were found and an owner was not located, the items would be displayed in a cabinet for review. The NHA said if the missing items were clothing, the laundry department would be informed. The found clothing without a known owner would be placed on display during a facility fashion show. The NHA said the residents had so little in what they brought to the facility, the items they have were precious to them, so the facility makes every effort to return the items to them and in good repair.
The NHA reviewed the current laundry policy. She said the facility would replace clothing if damaged by laundry. She said equipment failure would be the responsibility of the facility. She said the facility would reimburse missing or damaged items at times. The NHA said she did not want Resident #41 not to feel upset. She said she would follow up with Resident #41. She said she would want the resident to feel supported.
Based on observations, interviews and record review, the facility failed to ensure residents received care and services with dignity and respect, in keeping with their individuality and psychosocial needs, for six (#6, #78, #37, #9, #27, #41) of eight out of 44 sample residents.
Specifically, the facility failed to:
-Treat Resident #78 in a dignified manner during activities of daily living (ADL) care and call light response at night, and during an outdoor family visit;
-Ensure Resident #27's ADL assistance needs were provided in a dignified manner, and that call lights were consistently answered in a timely manner;
-Ensure concerns about respect and dignity for Resident #6 were thoroughly addressed with follow up staff education;
-Ensure staff was considerate to the feelings and disabilities of Resident #6;
-Ensure Residents #6, #9 and #37 had a dignified dining experience with staff interaction during meal assistance; and,
-Ensure Resident #41 felt she could dress in a dignified manner without clothes lost or damaged by the facility.
Findings include:
I. Facility policy
The Residents' Rights policy, dated 4/5/18, was provided by the director of nursing (DON) on the evening of 8/26/21. The policy provided in pertinent part:
-Caring for residents in a manner that promoted and enhanced the quality of life of each resident, ensuring dignity, choice, and self-determination.
-Providing services and activities to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident.
Residents had the right to:
-Participate in their own care;
-Be informed of all changes in medical condition;
-Participate in their own assessment and treatment;
-Have private and unrestricted communication with any person of their choice;
-Be treated with consideration, respect, and dignity; and
-Reasonable accommodation of needs and preferences.
II. Resident #78
A. Resident status
Resident #78, under age [AGE], was admitted on [DATE] and readmitted on [DATE]. According to the August 2021 computerized physician orders (CPO), diagnoses included quadriplegia and multiple sclerosis.
According to the 8/5/21 significant change minimum data set (MDS) assessment, the resident had moderate cognitive impairment with a brief interview for mental status (BIMS) score of nine out of 15. His previous 5/19/21 MDS, before hospitalization, assessed his BIMS at 12 out of 15.
-On 8/5/21, his mood status showed he was tired with little energy, and he felt down, depressed and hopeless. He had no behavioral symptoms and no care rejection. He was totally dependent for bed mobility, toilet use, transfers and personal hygiene. He needed extensive assistance for dressing.
B. Resident interview
Resident #78 was interviewed on 8/23/21 at 11:00 a.m. When discussing staff treatment and dignity/respect, he said some staff were respectful but some were not. He said that at some time between 9:00 and 11:00 p.m. the night before, his call light was on and he and his roommate could not turn it off, then his roommate and a staff person were arguing. (See interview below with Resident #27.)
He said then there was a confrontation between CNA #11 and licensed practical nurse (LPN) #3, where LPN #3 was telling CNA #11 that he thought everything should be done his way and it wasn't supposed to be his way. Resident #78 said they were talking in the hallway outside his room, loudly enough for him to hear. He said they were arguing loudly, and it lasted a couple of minutes, then ended abruptly. He said both staff worked on the hall throughout the night and there were no other incidents that he knew of. He said, I didn't like the way it ended, but I'm glad it ended. He said he did not feel it was his responsibility to report it to anyone, but he did not like that they were in front of his room arguing like that. Although he knew the argument was not directed toward him and they were arguing amongst themselves, I didn't like them involving me in their squabbles. He said it did not feel abusive, but it was definitely a dignity issue.
He said he buried his head in the covers and tried to keep out of it. He said overall he felt safe in the facility, but it made him feel unsafe when other people are yelling. Think about it, when you're in a wheelchair -- and I don't care who is yelling -- you don't feel safe at all. So I just kind of buried my head and let those guys yell it out.
Resident #78 also said there was an incident two or three days before when a family member visited him, and they were outside having a talk. His family member had brought ice cream for him. He said a staff member approached them and told him he could not eat the ice cream his family member had brought for him, and did not explain why. He said the staff person was kind of rude, his family member was upset, and he did not get to eat his ice cream.
C. Staff interview/follow-up
The social services director (SSD) was interviewed on 8/24/21 at 9
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Investigate Abuse
(Tag F0610)
Could have caused harm · This affected multiple residents
Based on interviews and record review, the facility failed to have evidence all allegations of abuse were thoroughly and timely investigated and failed to take measures to prevent further potential ab...
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Based on interviews and record review, the facility failed to have evidence all allegations of abuse were thoroughly and timely investigated and failed to take measures to prevent further potential abuse affecting one (#87) out of seven residents investigated for abuse out of 44 sample residents.
Specifically, the facility failed to timely and thoroughly investigate an allegation of physical abuse for Resident #87.
Findings include:
I. Facility policies and procedures
The Abuse Prevention, Investigation and Reporting policy, revised March 2017, was provided by the NHA on the 8/23/21. The policy documented in pertinent part, The resident had the right to be free from abuse (including verbal, mental, sexual and physical) neglect misappropriations of property and exploitation Management will take specific steps to reduce the potential for abuse to occur at (named facility) including, but not limited to education, monitoring and investigating thoroughly if abuse, misappropriation, neglect, or exploitation is suspected All incidents will be scrutinized as to the potential of abuse. If abuse is alleged or suspected, it will be referred to the director of social services for immediate preliminary investigation.
II Resident #87
Resident #87 revealed during an interview on 8/23/21 at 9:41 a.m. She said registered nurse (RN) #2 was rough and she tossed her in bed like a rag doll. The resident said she had reported this to another nurse the following day (RN #5). She said RN #2 was still providing care to her (Cross-reference F600).
-Record review revealed there was no documentation found in the clinical record that allegation of physical abuse that was reported by the resident to registered nurse (RN) #5 on 8/12/21 perpetrated by RN #2.The facility was aware of the allegation of abuse on 8/12/21 which the resident alleged occurred on 8/11/21 at night.
An investigation summary, dated 8/12/21 was provided by the facility on 8/24/21. The summary documented the following:
The investigation report summary documented in pertinent part that RN #5 reported to the QANM a concern by Resident #87. The QANM asked the resident what happened and the resident told her that the night before (8/11/21), RN #2 was giving here medications and she asked RN #2 if she would assist her. The resident said the RN did not have any patience. The QANM asked the resident if she had been injured or was afraid of RN #2. The resident said she was not afraid and to keep her away from me, I do not have to put up with that kind of behavior. She (RN #2) moved too fast and does not give you time to adjust or get ready. The QANM asked the resident about her comment she made about being a puppet doll. The resident said she felt that she received as much compassion as a puppet doll; hurried and tossed away. The QANM asked the resident if she felt like she was tossed and the resident said RN #2 was hurried and did not give her time to adjust to the movement and that she felt rushed.
-The facility failed to initiate a thorough investigation into the allegation of abuse when they first became aware of it (8/12/21). There were no additional residents or staff interviewed and it had not been reported to the physician, doctor, police or Ombudsman.
The social service director (SSD) and quality assurance nurse manager (QANM) were interviewed on 8/24/21 at 11:27 a.m. The SSD said she and the QANM were the abuse coordinators in the facility.
The QANM said that the allegation by Resident #87 was not substantiated and was a non-reportable event and all they had was a one page investigation summary.
B. Facility follow-up
The QANM was interviewed a third time on 8/26/21 at 6:08 p.m. She said that she had re-interviewed Resident #87 on 8/24/21 and based on what the resident reported about being thrown into bed. She said she initiated another investigation and then reported the incident to the State Agency as physical abuse on 8/24/21 (cross-reference F609). She said the investigation was ongoing at this time.
-The facility failed to timely and thoroughly investigate allegations of abuse.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0761
(Tag F0761)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, record review and interviews, the facility failed to ensure that all drugs and biologicals were properly ...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, record review and interviews, the facility failed to ensure that all drugs and biologicals were properly stored in one of two medication rooms and three of six medication carts.
Specifically, the facility failed to ensure:
-Controlled medications were double locked to ensure safe storage;
-Medication refrigerators were maintained at the proper temperature for drug storage;
-Multi-dose medications were labeled with the date of opening;
-Medications were removed from use upon the manufacturer expiration date; and,
-Insulin pens were dated when opened in order to identify when the medications should be removed from service.
Findings include:
I. Facility policy and procedures
A Cleaning Medication Storage Areas policy, reviewed 12/1/2020, was provided by the director of nursing on 8/26/21 at 1:38 p.m. The policy documented in part, Medication storage areas at each facility are kept neat and clean to prevent contamination of medications and treatment supplies.
-Keep refrigerators clean and check for discontinued, outdated medications. Check to be sure the thermometer is in place and functioning (temperature ranges 34-38 degrees F). Maintain a daily temperature log if required by state regulations.
-Licensed staff should keep carts clean and organized and check for discontinued, outdated medications. Remove and discard according to pharmacy procedures.
II. Professional reference
According to Humalog Kwikpen (3/21) [NAME] Lilly and Company, retrieved 8/31/21 from, Humalog.com, Humalog Kwikpen insulin, Once opened, Humalog vial, prefilled pens, and cartridges should be thrown away after 28 days.
According to the Novolog FlexPen package insert, retrieved 8/31/21 from, https://www.novo-pi.com/novolog.pdf, A single patient use Novolog FlexPen of 3 (milliliter) ml which has been opened and in use is good for 28 days.
According to the American Diabetes Association, retrieved 8/31/21 from, https://care.diabetesjournals.org, Lantus should be discarded 28 days after first use, regardless of refrigeration.
According to PDR (Prescribers ' Digital Reference), retrieved 9/1/21 from, https://pdr.net/drug-summary/Lorazepam-Intensol, For Lorazepam liquid,Store refrigerated at 36 to 46 degrees Fahrenheit.
III. Observations and interviews
A. Medication refrigerator
On 8/26/21 at 10:09 a.m. the medication refrigerator was inspected with registered nurse (RN) #4 present in the medication room of the skilled rehabilitation unit. The medication room door was unlocked by RN #4 and upon entry to the medication room the medication refrigerator did not have a lock on it. Inside the refrigerator on the second shelf were three unsecured boxes of stock Lorazepam liquid (a class IV controlled substance, antianxiety medication). One of the three boxes was observed to be saturated with moisture from the back of the refrigerator. The thermometer inside the refrigerator registered 48 degrees when the door was first opened. The director of nursing (DON) was notified by another nurse at the asking of RN #4; she arrived a short time later and observed the same finding.
A temperature log located on the counter above the refrigerator, indicated that temperatures should be taken daily and that the temperature should be maintained between 36-40 degrees for the refrigerator and zero degrees for the freezer. The form documented to notify the maintenance department if any temperature was out of range. There were two columns of temperatures. One was marked Location #1 and the other one was marked Location #2.
Medication refrigerator (Location #1) temperature logs for the month of August 2021 revealed 24 out of 25 temperatures were above the high range of 40 degrees. The temperatures were:
-8/1, 50 degrees
-8/2, 48 degrees
-8/3, 48 degrees
-8/4, 48 degrees
-8/5, 49 degrees
-8/6, 48 degrees
-8/7, 50 degrees
-8/8, 50 degrees
-8/9, 46 degrees
-8/10, 48 degrees
-8/11, 48 degrees
-8/12, 48 degrees
-8/13, 48 degrees
-8/14, 49 degrees
-8/15, 49 degrees
-8/16, 48 degrees
-8/17, 46 degrees
-8/18, no temperature recorded
-8/19, 49 degrees
-8/20, 50 degrees
-8/21, 49 degrees
-8/22, 49 degrees
-8/23, 46 degrees
-8/24, 50 degrees
-8/25, 46 degrees
Additional items found in the medication refrigerator were:
-12 Promethazine suppositories with an expiration date of June 2021;
-One opened, unlabeled and undated vial of Lantus insulin. The box only had a last name written on it with a black sharpie pen.
RN #4 was interviewed following the observation above. She said that the Lorazepam was a controlled medication and had to be under a double lock due to potential diversion. She said she had not noticed that the medication refrigerator temperature was running high and she had not noticed the leakage of water onto the one box of Lorazepam. She said the insulin should be dated when opened and that it was only good for 28 days. She said that the insulin may have been removed from the emergency kit for a resident.
The environmental services director (ESD) was notified following the above observation and was interviewed at 10:31 a.m. He said he was not aware that the refrigerator was not working properly or that the temperatures were out of range. He then looked at the internal temperature dial and turned it up to a cooler setting. He said he would check back later to see if it helped.
B. Medication carts
On 8/26/21 at 10:38 a.m. the rehabilitation east cart was inspected with RN #4. There were several loose, unidentifiable pills with debris inside the top drawer of the cart. In addition, there was one opened bottle of Iron tablets with an expiration date of June 2021. The RN said that all of the nurses were responsible for cleaning out the carts and checking for expired medications.
On 8/26/21 at 11:11 a.m. the A-hall medication cart was inspected with licensed practical nurse (LPN) #1. The following medications were found:
-Three individual blister packs of Omeprazole with no expiration date found;
-One opened bottle of Geri-dryl 25mg (milligram) expired April 2020;
-One opened bottle of Thera tab expired May 2021;
-One opened bottle of Fexofenadine 180mg expired May 2021;
-Saline nasal spray, opened with no expiration date found on the bottle and in use for one resident;
-One opened bottle of Gentamicin eye drops undated;
-Two open bottles of Rocklatan Lantastrope 0.02%-0.005% eye drops expired June 2021;
-One opened bottle of Mintox antacid liquid expired March 2021;
-One opened bottle of Loratadine 10mg expired July 2021;
-One opened bottle of ear wax removal drops expired February 2021;
-Two opened tubes of Voltaren 1% pain gel; one expired June 2020 and the second expired July 2021 and in use for one resident;
-One opened box of Levalbuterol 1.25mg for nebulizer contained six packets with one opened, all expired March 2021;
-One opened vial of Lantus insulin, undated;
-One opened Humalog insulin pen, undated;
-One opened Novolog insulin pen, undated;
-One opened Basaglar insulin pen, undated;
-One opened Lispro insulin pen, undated.
In addition to the expired and undated medications above, the medication cart had several loose, unidentifiable pills and debris in the bottom of the top drawer and the second drawer. The third drawer had a red, sticky substance that had spilled and had not been cleaned up.
LPN #1 was immediately interviewed following the inspection above. She said she was responsible for ensuring her medication cart was clean and inspected for any expired medications. She said that insulin should be dated once opened and was good for 28 days only. She said all medications should be labeled with the open date when opened or the seal was broken. She said that all nurses were responsible for checking the cart. She said she would immediately remove all of the items found and discard them properly.
On 8/26/21 at 12:23 p.m. the B-hall medication cart was inspected with LPN #2. The following items were found:
-One opened bottle of Vitamin E 400IU (international units) expired June 2021;
-One opened bottle of ear wax drops expired June 2021;
-One opened bottle of stool softener 100mg expired July 2021.
LPN #2 was interviewed after the findings above. She said medications that were expired had to be removed from use. She said she would take the items found and discard them right away.
IV. Administrative interview
The DON was interviewed on 8/26/21 at 12:23 p.m. She was informed of the findings above. She said that the pharmacy consultant was responsible for coming in monthly and checking all med storage areas for expired medication. She said that process was not occurring when everything was locked down during extensive COVID-19 precautions. She said she had tried to get the nurses to stay on top of that and should be cleaning the carts. She said there was not a set person or shift responsible or process in place for checking/cleaning carts. She said that all opened medications should have a date on them when they are opened because some of them were only good for a certain period of time. She said that all insulin should be dated when opened and that insulins were good for 28 days once opened.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0804
(Tag F0804)
Could have caused harm · This affected multiple residents
Based on interviews, observations and record review, the facility failed to consistently serve food that was palatable and attractive at the appropriate temperatures in two of two kitchens.
Specifical...
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Based on interviews, observations and record review, the facility failed to consistently serve food that was palatable and attractive at the appropriate temperatures in two of two kitchens.
Specifically, the facility failed to ensure resident food was palatable in taste, texture, appearance, and safe temperature.
Findings include:
I. Facility policy and procedures
A Food Holding Temps policy, effective September 2018, was provided by the registered dietitian (RD) on 8/26/21 at 11:58 p.m. The policy read in pertinent part, Hot food is to be served 135 degrees Fahrenheit or above, cold food is to be served at 41 degrees Fahrenheit or colder.
-All food shall be cooked to the appropriate temperature.
-When food is distributed to satellite kitchens food temps will be taken and recorded. Hold hot food in the steam table and cold food in the fridge or on ice.
-If hot food does not reach minimal temperature for hot food and maximum temp for cold, then food should be brought back to the main kitchen until it does. Cold food could be placed in the freezer to help cool faster as well.
II. Resident interviews
All residents were identified by facility and assessment as interviewable.
Resident #55 was interviewed on 8/22/21 at 6:37 p.m. She said the facility had fired their kitchen manager some time ago and the guys in the kitchen just continued on without him. She said the food wasn't that great, but they had hired a new kitchen manager a week or so ago. She said, Now we just need someone who knows how to make soup.
Resident #73 was interviewed on 8/22/21 at 6:54 p.m. She said the food was poor in overall taste and temperature. She said the quality of the food had declined over the last few months. She said there was not enough staff in the kitchen and she felt that it contributed to the poor quality of the meals. She said she had heard other residents express food concerns during the resident meetings. She said the dinner meal on 8/22/21 was a casserole dish but it only contained cooked broccoli and cheese with little flavor.
Resident #85 was interviewed on 8/22/21 at 7:23 p.m. She said she did not like the food at the facility. She said that she ordered a roast beef sandwich one day and it was supposed to be hot and it was cold and she did not receive any condiments to put on it. She said her breakfast cereal was often served cold and had to have it heated up. She said the food was repetitive and there was very little variety.
Resident #68 was interviewed on 8/22/21 at 7:45 p.m. He said he did not like the type of food they made at the facility. I'm just a meat and potatoes guy. He said the types of snacks he liked were not always available. He said he had been in the habit of eating an apple before going to bed, but he had trouble getting them. He said sometimes meals were served a little cool when they were supposed to be hot.
-Observations revealed fresh fruit was available in the main dining room, however it was stored on a shelf out of sight and out of reach for residents who used wheelchairs. Whole apples, which Resident #68 preferred, were not observed being served on snack carts. Record review revealed the resident had mentioned in his care conference on 8/5/21 that apples were not available to him before bed as he preferred. Specifically, Son and resident request fruit, especially an apple, in the evening, as was resident's practice at home, and dietary notes fruit is available. However, this was not added to the resident's care plan as a preference, or implemented, per resident interview.
Resident #140 was interviewed on 8/22/21 at 8:11 p.m. She said that food was delivered cold and she had to send it back all the time and it made her angry. She said the food tasted decent as long as it was hot. She said she was served asparagus one day and it was stone cold.
Resident #22 was interviewed on 8/23/21 at 9:28 a.m. She said the food was often not warm and usually did not taste good.
Resident #41 was interviewed on 8/23/21 at 9:35 a.m. She said she and other residents have complained about the food to the resident council. She said the food was poor in taste and presentation. She said the spaghetti was just noodles with tomato paste served with a hot dog bun instead of garlic bread. She said the pie was usually under cooked. She said she no longer ordered hamburgers because they were often raw inside. She said one time she ordered a grilled cheese and the cheese slice separating paper was grilled inside of it. She said she showed it to the cook who said it was done by mistake. She said she felt that the kitchen staff was either too rushed or did not care what they served to the residents. She said she had suggested to management to observe what the residents were served during their meals and ask them if it tasted appetizing.
Resident #87 was interviewed on 8/23/21 at 9:41 a.m. She said that the food was gross, the vegetables were bland with no flavor. She said that she sometimes looked at the food and said to herself, I don't know if I want to eat that! She said that the chicken did not have a good flavor so she no longer ate it.
Resident #27 was interviewed on 8/23/21 at 10:02 a.m. He said he graded the food a D and said, I'm a picky eater. Sometimes it's cold. Sometimes it tastes like crap. Last night I got raviolis with cream corn. For the most part the flavor isn't good. The pasta sauce isn't made right. You can't screw up breakfast but everything after that can go really South really fast.
Resident #78 was interviewed on 8/23/21 at 11:25 a.m. He said he thought he had had some weight loss from not eating right, and the food was not to his taste. They did not always serve his favorite foods. He said they offered protein supplements but sometimes he did not drink them. He said he loved lasagna and Italian food, and would love to have more Snickers bars.
Resident #43 was interviewed on 8/23/21 at 12:13 p.m. He said that the meats here did not taste good because they put too many spices on them.
Resident #142 was interviewed on 8/23/21 12:27 p.m. She said her biggest complaint about food here was that it was always served cold and she had to send it back all the time to get reheated.
Resident #16 was interviewed on 8/23/21 at 12:44 p.m. He and his wife (Resident #59) were having lunch in their room. He said the food did not look good, today everything is brown. They had Swiss burgers with chocolate eclairs. There were no garnishes, vegetables or salads. Resident #59 was not eating. When asked about her favorite food she said she liked cheese. Resident #16 said the food was adequate, they just need to brush up on a few things. He said sometimes the food was served cold, and his wife was not eating well.
The following resident interviews were obtained during the resident council group meeting held on 8/24/21 at 1:30 p.m.:
-Resident # 22 said the food in the facility could be very, very poor. She said, Anyone who can't cook vegetables or even macaroni shouldn't be cooking. She said the facility served too much chicken and ham. She said there was not enough chicken in the chow mein. She said the food was cold because the plates were not warmed. She said the residents were not given condiments like sweet and sour sauce with their egg rolls or cocktail sauce for shrimp. She said she once asked for cocktail sauce or tartar sauce and received thousand island dressing instead.
-Resident #81 said he bought a lot of his food. He said the soups were poor: thin and were not flavorful because they did not cook long enough. He said the chicken fried steak was rubber. He said the facility needed an experienced cook.
-Resident #55 said the facility needed a taste tester. She said her meatloaf was ruined by the taste and texture of her stuffed peppers, which tasted like sawdust. She said the soups were watery. She said there were mushrooms and peas in everything and they were served leftover vegetables from the day prior. She said the toast was always dry because it was not buttered when made; it was served cold with small pats of butter in individual containers. She said the meatballs were too large to eat. She said she would like for a food committee to be formed if the appropriate dietary staff attended.
Resident #54 was interviewed on 8/24/21 at 5:35 p.m. She said there was a lot of food she did not care for served at the facility and there were lumps in the mashed potatoes at lunch that she did not like.
Resident #9 was interviewed on 8/25/21 at 12:40 p.m. She was served a plate of liver and onions for the 8/25/21 noon meal. She said the liver was tough when it should have been tender.
Resident #140 was interviewed a second time on 8/25/21 at 5:40 p.m. She said that her hamburger tonight was ice cold: the bun is frozen solid! She said she did not know why she could never get any warm food. She said they really needed help in the kitchen.
III. Observations
On 8/24/21 at 5:51 p.m. the following food items the temperature was obtained by dietary aide (DA) #1 after meal service was completed on the rehabilitation wing:
-Potato salad, 65 Fahrenheit (F). It was not a bed of ice and had been sitting on the side prep table next to the steam table since 5:24 p.m.
-Tapioca pudding, 75.3 F. The pudding was sitting on a large sheet pan on top of the hot box (used to transport hot foods to the satellite kitchen).
-Green bean casserole, 135 F (acceptable holding temperature).
DA #1 said that the food items should be at room temperature, and that the casserole should be 180 degrees.
On 8/25/21 at 5:00 p.m. food temperatures were taken on the steam table by DA #1 prior to meal service. The temperatures were as follows:
-Chicken enchiladas, 117.3 F
-Cooked hamburger patties, 103 F
-Spanish rice, 119.3 F
-Refried beans, 108.6 F
The rice and beans were not on the steam table, but on the side of the steam table on the prep table.
-All the temperatures were not within acceptable holding range.
IV. Test tray
A test tray was completed on 8/25/21 at 12:56 p.m. from the main kitchen. The test tray consisted of turkey and dumplings, harvest beets, green peas, liver and onions and pureed chicken and dumplings.
The temperature of the food was palatable when temperatures were obtained.
-The turkey casserole was gummy/pasty with a slight sweet flavor to it.
-The sauce over the harvest beets had a strange tasting gelatin-like consistency, cold and lacked flavor.
-The green peas had a firm texture when chewing one could taste the skin and they were slightly bland.
-The pureed turkey casserole had a smooth texture and was flavorful.
-The liver was slightly tough and a little cool, otherwise, flavorful.
V.Staff interview
The RD was interviewed on 8/26/21 at 3:05 p.m. She was informed of the residents ' concerns regarding the food. She said the facility had lost their dietary manager a week ago and they were short staffed in the kitchen. She said there were other staff from other departments that were helping out.
She said the hot food temperatures should be held at 135 degrees and cold food temperatures should be 41 degrees or below. She said that she had an in-service with the dietary staff this past weekend on 8/22/21 and instructed them when delivering room trays they should be leaving the plates on the heating pallets so the food stayed hot and palatable.
She said that condiments were readily available in both the rehab dining area and the main dining room and should be offered to residents. She said dietary staff had been trained on food safety and food service upon hire before they even stepped into the kitchen. She said that cold foods should be kept refrigerated or on an ice bed to maintain temperature. She said that the hot foods (rice and beans above) should have been on the steam table.
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Food Safety
(Tag F0812)
Could have caused harm · This affected most or all residents
Based on observations, record review and staff interviews, the facility failed to ensure food was prepared, distributed, and served under sanitary conditions in two out of two kitchen service areas.
S...
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Based on observations, record review and staff interviews, the facility failed to ensure food was prepared, distributed, and served under sanitary conditions in two out of two kitchen service areas.
Specifically, the facility failed to ensure:
-Proper hand hygiene and gloving was occurring;
-Food was prepared and served in a sanitary manner; and,
-Proper personal protective equipment (PPE) was worn in a sanitary manner when preparing food in the kitchen.
Findings include:
I. Professional reference
The Colorado Department of Public Health and Environment (2019) The Colorado Retail Food Establishment Rules and Regulations, retrieved on 9/2/21 from: https://drive.google.com/file/d/18-uo0wlxj9xvOoT6Ai4x6ZMYIiuu2v1G/view on 8/16/21. It read in pertinent part;
-Ready-to-eat is considered a food without further washing, cooking, or additional preparation and that is reasonably expected to be consumed in that form.
-Employees prevent bare hand contact with ready-to-eat food by properly using suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment.
-Single-use gloves shall be used for only one task, such as working with ready-to-eat food, or with raw animal food. Single-use gloves shall be used for no other purpose, and discarded when damaged, when interruptions occur in the operation, or when the task is completed.
II. Facility policy and procedures
A Use of Plastic Gloves policy, revised 5/16, was provided by the registered dietician (RD) on 8/26/21 at 11:58 a.m. documented in part, Plastic gloves will be worn when handling food directly with hands to ensure that bacteria are not transferred from the food handler's hands to the food product being served.
-If used, single use gloves shall be used for only one task (such as working with ready to eat food or with raw animal food), used for no other purpose, and discarded when damaged or soiled, or when interruptions occur in the operation.
-Hands are to be washed when entering the kitchen and before putting on plastic gloves.
-Plastic gloves are to be worn whenever handling the food directly with hands when: handling ready-to-eat foods, working with raw meat, poultry, raw eggs, fish and shellfish, removing frozen foods from boxes and anytime food you touch food directly.
-Remember that gloves are just like hands. They get soiled. Anytime a contaminated surface is touched, the gloves must be changed.
-Wash hands after removing gloves.
III. Observations
A. Main kitchen
On 8/22/21 at 6:10 p.m. an initial tour was completed in the main kitchen. Upon entry to the kitchen there was a staff person serving herself a plate of food from the tray line. She had her mask below her chin and did not have any gloves on. It was not known if she had washed her hands prior to handling the serving utensils. She said that supper was over and she was going on her break. She said she did not know where the evening cook was.
At 6:20 p.m. cook #1 entered the kitchen and said she was on a break. She said that all the residents had been served their supper. She then proceeded to gather dirty cooking dishes from the prep area and took them to the dishwashing area. At 6:28 p.m. a dietary aide entered the kitchen with a meal ticket and said that a resident had not got her food. The cook then prepared a room tray from the food on the steam table. She did not wash her hands prior to serving the resident's plate.
On 8/25/21 beginning at 10:55 a.m. lunch meal prep was observed in the main kitchen. [NAME] #2 was moving about the kitchen making the final preparations for the lunch meal. She moved from one task to the next. She was not wearing any gloves at the time. At 10:57 a.m. she removed a medium sized kitchen pan from the steamer by grabbing the handle with her bare hand. The pan contained cooked peas. She then uncovered the peas, salted them and placed them on the steam table for service.
She then went to the stove and stirred the large cooking pan of turkey and dumplings and then moved to the stove top grill and flipped over several pieces of liver with a large metal spatula. She then went to a green bucket containing soapy water near the back prep area and removed a rag from inside it and wiped down the top front of the stove. She said the green bucket contained cleaner that came from the wall dispenser in the back dishwashing area. She said they used the product to wipe down surfaces. Next she took a small, graduated plastic pitcher from the clean dish area, got two clean medium kitchen pans, dipped the plastic container into the pot of turkey dumplings and scooped up a couple of portions into the first pan. She then covered the pan and placed it into the hot box that went to the rehab unit kitchen.
She then scooped up two more portions from the large cooking pan into the smaller kitchen pan and when she did this, the right side of her hand and right wrist touched the dumplings. She was not wearing any gloves and at this time had not washed her hands at the wash sink. She then placed this portion of the dumplings into the Robo Coupe (blender) and prepared the puree dumplings. She then placed the puree dumplings on the steam table. She took theRobo Coupe to the dishwashing area and then went to the three compartment sink, turned on the water and quickly rinsed her hands under the water without using soap for four seconds, turned off the faucet with her bare hand then dried her hands.
Next, she went to the steamer oven and removed a large pan of cooked beets. She placed the beets on the prep table and then mixed in a spice infused beet juice into the beets. She then covered the beets and placed them on the steam table. She then went and opened the drawer where the scoops and other serving utensils were and placed them on the steam table for serving.
At 11:10 a.m. cook #1 prepared to take the food temperatures on the steam table. She did not wash her hands or don clean gloves before starting. After cleaning the food thermometer she touched her apron with her right hand, went to the steam table and began taking the temperature of each of the food items. She cleaned the thermometer in-between food items. After temping the puree dumplings, she decided they needed to be put back into the steamer (they temped at 155 degrees). After placing the puree into the steamer oven, she came back to the steam table area, she touched the front of her mask and did not sanitize. Next, she took a white rag from on top of the prep table area and wiped down the front of the white cutting board area of the steam table. She then began to sort the paper meal tickets into different piles.
At 11:30 a.m. cook #2 went to the wash sink, turned on both the hot and cold faucets, wets her hands gets soap from the dispenser and rubbed her hands under the running water for 10 seconds, turned the faucet off with her bare hands and then dried her hands with a paper towel and donned a clean pair of gloves. She then went to the steam table to begin meal service room trays. She stopped serving at the tray line at 11:38 a.m., went and got a clean plastic pitcher and a whisk and then opened the standing refrigerator and took out a container of chicken broth stock to mix. She placed the chicken stock into the pitcher, took the pitcher to the sink in the dish area, turned on the cold water and added water to the pitcher, mixed it up and then placed it into the microwave to heat. She then doffed her gloves and donned clean ones without washing her hands.
Next, cook #1 went to the standing refrigerator, opened it and removed a plate of pre-made pancakes for a resident special order request. She then took the pancakes to the microwave to heat.
At 11:40 a.m. cook #3 was preparing special orders at the prep table. She was preparing a peanut butter and jelly sandwich. She removed two slices of bread from the bread package with her gloved hands, placed them on a cutting board and then made the sandwich. She then held the sandwich, cut it in half, and wrapped it with plastic wrap. Next she took two cans of chicken soup, opened them and placed them into two clean soup bowls, placed each one in the microwave and heated them. After they were done, she returned to the prep table, wearing the same gloves. She then went to the standing refrigerator and removed a couple of slices of cheese, went back to the prep area, placed the cheese down on the cutting board, removed two pieces of bread from the package and placed the cheese inside the bread, buttered the outside of the bread and placed it on the grill. She then went to the standing refrigerator, opened it and removed a frozen hamburger patty with the same gloved hands and placed it on the grill to cook. She then doffed the gloves and donned a pair of clean gloves without washing her hands in-between.
Next, cook #3 went to the standing freezer and removed a package of sweet potato fries, opened the package and poured them into the fryer. She then put the package down, went to the stove, removed the grilled cheese sandwich, plated and covered it and took it to the steam table. [NAME] #3 continued to make additional grilled cheese and placed them on the grill to cook. She then went to the outside walk-in freezer to get a package of onion rings. She came back into the kitchen, doffed her gloves and went to the wash sink. She turned on both faucets, took some soap in her hand and rubbed her hands together quickly under the running water for five seconds, turned off the water with her bare hand and then dried her hands and donned a new pair of gloves.
At 12:05 p.m. cook #4 entered the kitchen and went to the wash sink to wash his hands. He had a mask on which was not secured over his nose and kept slipping down. He repetitively readjusted his mask to cover his nose and did not sanitize his hands or attempt to change his mask. He began to assist in the kitchen by checking the standing refrigerators and checking temperatures.
At 12:05 p.m. cook #1 came out of the pantry area with gloved hands. She then went to the wash sink, turned on the two faucets, placed soap on her gloved hand and rubbed her two gloved hands together quickly for five seconds, turned off the faucet handles and then dried her gloved hands. Next she went to the back prep table and began cutting up tomatoes and placing them in a kitchen pan. She then went to the standing refrigerator where cook #4 had the door open and was labeling some food items. She leaned her left gloved hand on the edge of the opened door and then placed her right gloved hand on her hip as she was talking to cook #4.
Next, cook #1 returned to the prep table and began cutting up celery. [NAME] #3 then came to the back prep table and placed a plate on the table that contained fresh fruit and vegetables. [NAME] #3 then went into the refrigerator and removed cheese with her gloved hands and began placing cheese slices on the plate with the fruit and vegetables. She said to cook #1 that she had never made a plate like that before but that a resident had asked for it.
At 12:10 p.m. cook #1 came from the back prep area to the front prep area, opened the lid to the cold box with her same gloved hands and removed four slices of lunch meat (turkey), went back to the back prep table and arranged the lunch meat on the vegetable, fruit and cheese plate. She then covered it and took it to the front service area. She returned to cutting up tomato slices after she had done several different tasks without changing gloves or washing hands.
At 12:18 p.m. cook #2 left the tray line and then went to the back prep area, took some leftover spaghetti and meatballs and began to puree it. She then plated the puree spaghetti and placed it on the steam table tray line to be served out. She then began to plate more food for room trays. She did not change gloves or wash hands.
At 12:20 p.m. cook #1 picked up a binder to look at the meal prep for the evening meal. She then set it down, went to the three compartment sink and took a package of defrosted chicken breasts that had been under running water and with the same gloves that she had on previously. She cut the package open with a knife, set the package on the back prep table next to the same cutting board she used for cutting the tomatoes. She got a large cooking pot from the clean dish area and set it on the table. She then took the same knife she was cutting vegetables with, ran it under water for a few seconds then she removed the chicken breasts from the package, placed them on the cutting board that she had cut the tomatoes on and began to cut up the chicken and placed it in the pot. At 12:34 p.m., after cutting up the chicken and placing it to cook on the stove she doffed her gloves without washing her hands in-between.
At 12:36 p.m. cook #2 left the serving line, went outside the kitchen to the dining room area, picked up a clipboard, turned the top page over to look at something and then came back into the kitchen, set the clipboard down and then went to the steam table and continued to serve food without changing gloves or washing hands.
B. Rehabilitation kitchen
On 8/24/21 at 5:24 p.m. observations were made in the rehabilitation satellite kitchen. Dietary aide (DA) #1 was in the kitchen, plating food for room trays. The dinner meal menu consisted of pizza, green bean casserole with tapioca pudding for dessert. The alternate was a turkey sandwich with cranberry mayonnaise and potato salad.
The DA was not wearing any gloves at the time and was observed plating a turkey sandwich with his bare hand. There were three other plates already plated. He then covered all four room trays with a plate cover and exited the kitchenette to deliver the trays. After passing out two of the four trays, he went back into the kitchenette to get a glass of ice tea for one of the residents. As he walked toward the tray cart he touched his mask to pull it up to cover his nose. He then delivered the last tray to a resident and opened a can of soda for her with his ungloved hand. He did not sanitize his hands as he delivered each of the four trays or after touching his mask.
Next, he returned to the kitchenette to prepare the remaining four room trays. He did not wash his hands first or don gloves. He did not touch any other food items and used serving tongs for the sandwiches and pizza.
At 5:51 p.m., after completing the meal service, DA #1 was asked to take temperatures of the following food items:
-Green bean casserole - 135 Fahrenheit (F). He said it should be at 180 F.
-Potato salad - 65 F
-Tapioca pudding - 75.3 F
He said that the food should be at room temperature around 70 F.
-The potato salad and tapioca pudding were not at the appropriate temperature for holding.
On 8/25/21 at 5:00 p.m. meal service was observed in the rehabilitation kitchenette. Food temperatures were taken on the steam table by DA #1 prior to meal service. The temperatures were as follows:
-Chicken enchiladas, 117.3 F
-Cooked hamburger patties, 103 F
-Spanish rice, 119.3 F
-Refried beans, 108.6 F
The rice and beans were not on the steam table, but on the side of the steam table on the prep table.
-All the temperatures were not within acceptable holding range.
At 5:05 p.m. DA #1 already had two room trays served and he said he had taken the food temperatures already. He is wearing one glove on his right hand only. He continued to plate two more room trays. When plating one of the room trays he took a hamburger bun out of the package with his gloved right hand, placed it on the plate, took a hamburger patty with the tongs and placed it on the bottom bun then placed the top bun on the burger with his gloved hand. He then took lettuce and tomato and with both the gloved and ungloved hand arranged the garnish on the plate.
He served up three more plates for a total of five trays, doffed the one glove on the right hand, did not wash his hands then donned a clean pair of gloves and exited the kitchen to deliver the trays.
He removed the lid off of one of the room trays he was about to deliver then said he forgot the salad and then walked back to the kitchenette with the plate of food uncovered, opened the kitchen door, reached in where the salad was and placed a serving of salad on the plate and then went and delivered it to the resident. He then returned to the kitchen because he forgot the silverware for three residents.
Next, he returned to the kitchen, wearing the same gloves and began looking through the paper meal tickets to continue serving. He said he forgot to serve one of the residents on the east hallway and saw that the tray was still on the cart. He took the tray to the resident, came back to the kitchen, doffed his gloves and went to the wash sink, turned on both faucets and rinsed his hands off quickly for four seconds with plain water. He then turned the handles off with his bare hand and then dried his hands with a paper towel and donned a new pair of gloves. He then went back to the steam table and prepared a hamburger, then went out of the kitchen to get a couple of packets of ketchup. He did not change gloves or wash his hands.
At 5:28 p.m. he left the kitchen to deliver the remaining trays to the west hallway.
IV. Staff interviews
DA #1 was interviewed on 8/24/21 at 5:54 p.m. He said that he had been working at the facility for about three weeks. He said that he had received training and that he had previous food service experience. He said that he always worked alone in the rehab kitchen, serving food and delivering it and running all the time. He said it was not easy to do for one person.
The RD was interviewed on 8/26/21 at 3:00 p.m. She was informed of the observations above and said the facility had been short staffed in the dietary department and had recently lost their dietary manager so there was little direction and oversight occurring. She said that kitchen staff should be washing hands and changing gloves in between different meal prepping tasks and that instructions on how to wash hands properly was posted above the sink area.
She said staff should not be washing gloves and reusing them. She said that the last in-service provided to dietary staff by the dietary manager that she could find was on 6/18/21. She did not think that kitchen sanitation had been addressed in the training. She said that DA #1 should not have been working in the rehab kitchen because he had been reassigned to the main kitchen only. She said there had been some issues with his performance. She said that it was not unusual for dietary staff to go into the kitchen and help themselves to any leftover food as long as all of the residents had been served. She said it was better than having any food waste.
She said that all new hires in the dietary department received training and had to have their serve training cards completed before they stepped into the kitchen. She said it was a course offered through the health department.