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, record review and interviews, the facility failed to ensure residents were free from physical restraints ...
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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 residents were free from physical restraints imposed for purposes of convenience and the least restrictive alternatives were used for one (#5) of three residents reviewed for assistive devices out of 23 sample residents.
Specifically, the facility:
-Failed to re-evaluate the ongoing use of a personal restraint; and
-Failed to have a comprehensive care plan addressing the use of the restraint.
Findings include:
I. Facility policy and procedure
The Restraint and Position Change Alarm Use Policy, revised November 2017, provided by the regional clinical consultant (RCC) on 6/3/19 at 3:13 p.m., included:
The use of a physical restraint required consultation with an appropriate health professional such as an occupational or physical therapist. The use of less restrictive devices must be documented in the medical record prior to using the physical restraint.
-A restraint shall not be used for discipline, as punishment, for the convenience of staff, or as a substitute for supervision.
-An assessment of why restraints are continued should also be documented.
-The resident status/behavior which prompted the use of the restraint should be documented.
The comprehensive care should address:
-Less restrictive measures attempted.
-Other methods of therapies that are being used in conjunction with restraints.
-What alternative to restraints are being considered.
-Identify staff responsible for observing the resident (every 30 minutes and releasing and exercising the resident every two hours for at least 10 minutes).
-Indicate involvement and input of other disciplines as necessary to overcome the problem.
-indicate a specific period of time for using restraints.
The need for the restraint is assessed quarterly and as indicated. Documentation in clinical notes may include, but is not limited to: type of restraint, date and time of use, reason for use, resident tolerance, and the effectiveness of the restraint in treating the medical symptoms.
II. Resident #5 status
Resident #5, age [AGE], was admitted on [DATE]. According to the November 2019 computerized physician orders (CPO), diagnoses included dementia, diabetes mellitus, non-traumatic chronic subdural hemorrhage, disorientation and specified depressive episodes.
According to the 8/26/19 minimum data set (MDS) assessment, the resident had severe cognitive impairment with a brief interview for mental status (BIMS) score of one out of 15. No mood or behavior symptoms were noted. He required extensive assistance for bed mobility, transfers, grooming and toilet use. He was frequently incontinent of bladder and bowel. He had no falls since admission.
III. Observations
The resident was observed spending most of his time sitting in his wheelchair with a clip-on chair alarm. He did not sit in the chair in an unsafe manner, he did not attempt to stand up or move while sitting. The resident did not display unsafe behaviors during the following observations.
On 11/18/19 at 1:29 p.m., the resident was sitting in his wheelchair with the alarm attached to the back of his shirt and chair. He was in the common area in front of the television.
On 11/19/19 2:13 p.m., the resident was in his wheelchair common area sitting next to the window with the alarm attached to the back of his shirt.
On 11/20/19 at 8:47 a.m., the resident was in his wheelchair in the common area. He was facing toward the nursing station with his hands on his chest. He was not attempting to stand up. The alarm was attached to the back of his shirt. The director of nursing (DON) escorted the resident to her office.
The resident was not moving independently. He did not attempt to move or stand up from the wheelchair, during the above observations. The resident remained sitting in his wheelchair.
IV. Record review
The care plan, initiated 5/24/19 and revised 6/3/19, identified staff would minimize the potential for significant injury from any falls through the next review. Interventions included: report falls to medical doctor and responsible party; fall risk assessment; ensure pressure alarm in place when in wheelchair and in bed; provide and observe use of adaptive equipment; and ensure the resident was wearing proper footwear such as non-skid socks.
The care plan did not include directives to staff when to check the alarm, when to release the alarm or when to complete assessments.
The resident's informed consent for wandering use and pressure alarm to chair and bed documented the pressure alarms were due to the resident attempting to transfer himself with repeated falls. The reason for use of a wander guard was for risk of wandering. The registered nurse (RN) documented the resident's power of attorney consented to the chair restraint and wander guard verbally by phone on 9/18/19.
Fall assessments, chair and alarm assessments and wander guard assessments were requested but were not provided at time of exit on 11/20/19.
The CPO revealed the resident's physician ordered the resident to have a bed/chair alarm every shift, on 8/1/19.
The CPO revealed the resident's physician ordered place wander guard, check placement every shift, on 9/19/19.
There was no evidence of any attempts to use less restrictive alternative measures.
D. Staff interviews
Licensed practical nurse (LPN) #2 was interviewed on 11/20/19 at 8:14 a.m. She said the chair alarms and bed alarms were used to alert staff if a resident was trying to get out of his bed or wheelchair. She said the alarm sounded when the resident stretched or reached too far. LPN #2 said the alarms were placed after a resident had a fall or when the staff noticed the residents were trying to get out of bed or reaching for something. She said the alarms were used to prevent a resident from falling and for notifying the staff when a resident was not in the bed or standing up. She said the staff attended to the resident when the alarm sounded and it was a prevention for the resident not to fall.
Certified nurse aide (CNA) #8 was interviewed on 11/20/19 at 8:27 a.m. She said the alarms were used to ensure the residents were safe from falling. She said the alarm sounded when the resident moved, tried to stand up or rolled out of bed. She said the clip detached from the back of the resident's shirt when a resident stood up and the alarm sounded. She said the alarm alerted staff when they were not in the area and staff would get to the resident as quickly as possible to try to have resident sit down in his wheelchair.
CNA #7 was interviewed on 11/20/19 at 8:44 a.m. She said the resident had several recent falls and the alarms alert us when he is standing up or transferring out of bed. When the alarm goes off we run to make sure he sits down right away.
The director of nursing (DON) was interviewed on 11/20/19 at 10:37 a.m. The DON said the resident had several falls and the alarms were used to ensure the resident was safe from falls. She said the resident was very unstable and when he attempted to stand the alarms alerted the staff and prevented a fall.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0645
(Tag F0645)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** II. Resident #21
A. Resident status
Resident #21, age [AGE], was admitted on [DATE] and readmitted on [DATE]. According to the...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** II. Resident #21
A. Resident status
Resident #21, age [AGE], was admitted on [DATE] and readmitted on [DATE]. According to the November 2019 computerized physician orders (CPO), diagnoses included adult failure to thrive, depressive episodes, and chronic kidney disease.
The 9/16/19 minimum data set (MDS) assessment revealed the resident had severe cognitive impairment with a brief interview for mental status (BIMS) score of six out of 15. Depressed mood with behavior symptoms were noted. He required extensive assistance for bed mobility and toileting. He required limited assistance with transfers and personal hygiene.
B. Record review
The care plan, initiated 10/1/18 and revised 7/15/19, identified depression and negative statements and requires antidepressant and antipsychotic medication. Interventions included: medication review quarterly for possible reduction or discontinuance, monitor behavior of self-isolation, and pharmacy consultant review monthly.
The October 2019 CPO revealed the following:
-Seroquel 25 mg give half a tab total dose of 12.5 mg by mouth twice a day with no diagnosis, ordered on 7/15/19.
-Monitor behavior for Seroquel, targeted behavior negative statements, ordered on 7/15/19.
-Cymbalta 20 mg give one capsule by mouth daily for depressive episodes, ordered on 7/15/19.
-Monitor behavior for Cymbalta, target behavior self-isolation, ordered on 7/26/19.
Pharmacy consultant recommendations were requested on 11/19/19 at 4:00 p.m. No documentation was provided.
Medication regimen review was requested on 11/19/19 at 4:00 p.m. No documentation was provided by the facility.
Computerized physician orders for November 2019 were requested on 11/19/19 at 4:00 p.m. No documentation was provided by the facility.
C. Staff interviews
The social service director (SSD) was interviewed on 11/19/19 at 5:00 p.m. She said the hospital Resident #33 came from had applied for a level two PASRR. She said she did not submit documentation for a level two. She said she would follow up for a level two PASRR.
The nursing home administrator (NHA) was interviewed on 11/19/19 at 5:10 p.m. She said she would submit for a status change, would follow up and apply for a level two PASRR for anxiety and aggressive behavior.
The director of nursing was interviewed on 11/19/19 at 4:30 p.m. She said she was unaware of the PASRR and did not obtain or monitor the PASRR levels. She said no gradual dose reduction documentation was available and she could not provide it.
D. Facility follow-up
On 11/20/19 at 1:00 p.m. the NHA provided documentation of a level two PASRR request.
Based on record review and interviews, the facility failed to refer two (#18 and #21) of three residents reviewed out of 23 sample residents to the appropriate state-designated authority for level II preadmission screening and resident review (PASARR) evaluation and determination for services.
Specifically, the facility failed to update a PASARR level II with an increase in antipsychotic medications for Residents #18 and #21.
Findings include:
I. Resident #18
A. Resident status
Resident # 18, age [AGE], was admitted on [DATE] and readmitted on [DATE]. According to the November 2019 computerized physician orders (CPO), diagnoses included depression, anxiety, and diabetes mellitus.
According to the 9/19/19 minimum data set (MDS) assessment, the resident had no cognitive impairment with a brief interview for mental status (BIMS) score of 13 out of 15. The resident had mild depression, scoring seven of 27 on the patient health questionnaire (PHQ-9). The resident had no behavioral symptoms.
B. Record review
The care plan, initiated 5/29/19 and revised 6/20/19, identified the resident had a history of self-isolating related to a diagnosis of major depression. Interventions included: structure non-threatening activities to increase resident comfort in socializing; if the resident was willing, pair her up with a resident that was outgoing that she felt comfortable with; and administer medication for depression as ordered.
The care plan, initiated 5/29/19 and revised 6/20/19, identified the resident's anxiety would not interfere with her functional abilities or interpersonal relationships. Interventions included: assess changes in resident mood; assess for changes in mood status; assess effectiveness of anti-anxiety medication therapy; and allow the resident to verbalize her feelings.
The November 2019 CPO included Remeron 15 mg by mouth at bedtime, start date 8/29/19.
The medical record failed to show evidence that the PASARR level II was updated to include the medication change and to include notification of OBRA.
C. Staff interviews
The social service director (SSD) was interviewed on 11/20/19 at 9:52 a.m. She said a Level II PASARR update should be initiated when a resident had a change of medication, an increase in behaviors, a new diagnosis, or an increase in medication.
The SSD was informed of the increase of Remeron on 8/28/19. She said she has been working with the social service consultant as they were behind on updating PASARRs. She stated she would update the resident's PASARR immediately with OBRA.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0659
(Tag F0659)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, record review and interviews, the facility failed to ensure qualified staff persons in accordance with ea...
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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 qualified staff persons in accordance with each resident's written plan of care provided care for one (#5) of three residents reviewed for accidents out of 23 sample residents.
Specifically, the facility failed to have a registered nurse (RN) assess Resident #5 following an unwitnessed fall.
Findings include:
I. Professional reference
According to the Scope of Practice-Registered Nurse (RN) and Licensed Practical Nurse (LPN), Title 12, Professions and Occupations, Article 38, Nurses, Colorado Revised Statutes (July 1, 2013) retrieved from https://www.colorado.gov/pacific/[NAME]/Nursing_Laws:
-Delegation of nursing function is limited to patients that are stable and where the outcome of the task is predictable.
-Assessment function of an LPN includes collecting, reporting and recording objective/subjective data, observing condition or change of condition, and collecting and reporting signs and symptoms of deviation from normal health status.
-Assessment function of a RN includes assessing and evaluating the health status of an individual.
Also according to Colorado Revised Statutes 2015, Title 12, Article 38, Nurses, Part 1, 12-38-132. Delegation of nursing tasks:
-Delegated tasks shall be within the area of responsibility of the delegating nurse and shall not require any delegate to exercise the judgment required of a nurse.
Therefore, an LPN may not exercise judgment by completing an assessment of the resident's condition immediately following an unwitnessed fall or a fall resulting in injury.
II. Resident #5 status
Resident #5, age [AGE], was admitted on [DATE]. According to the November 2019 computerized physician orders (CPO), diagnoses included dementia, diabetes mellitus, non-traumatic chronic subdural hemorrhage, disorientation and specified depressive episodes.
According to the 8/26/19 minimum data set (MDS) assessment, the resident had severe cognitive impairment with a brief interview for mental status (BIMS) score of one out of 15. No mood or behavior symptoms were noted. He required extensive assistance for bed mobility, transfers, grooming and toilet use. He had no falls after admission.
III. Record review
A. Care plan
The care plan, initiated 5/24/19 and revised 6/3/19, identified staff would minimize the potential for significant injury from any falls through the next review. Interventions included: report falls to medical doctor and responsible party; fall risk assessment; ensure pressure alarm in place when in wheelchair and in bed; provide and observe use of adaptive equipment; and ensure proper footwear such as non-skid socks.
B. Resident falls occurring on 9/16/19 and 9/17/19
A resident incident report, dated 9/16/19 at 7:52 a.m., documented in part the resident was trying to come into the nurses' station. The resident was propelling himself and was unable to cross over to the entrance of the nurses' station. The resident fell on his left side. The fall was unwitnessed. The report was signed by licensed practical nurse (LPN) #3.
A resident incident report, dated 9/16/19 at 10:16 p.m., documented in part that Resident #5 was sitting in a wheelchair in the common area with his feet propped up on the sofa when his wheelchair slid from underneath him and he fell back. The resident's wheelchair was observed and brakes were not locked. Resident #5 fell on his left side. The fall was unwitnessed. The report was signed by LPN #3.
A resident incident report, dated 9/17/19 at 7:37 p.m., documented in part that Resident #5 was sitting on the sofa and tried to transfer himself to his wheelchair. The resident's wheelchair was observed unlocked. The fall was unwitnessed. The report was signed by LPN #3.
There was no documentation that Resident #5 was assessed by an RN immediately after his unwitnessed falls.
IV. Staff interviews
LPN #2 was interviewed on 11/20/19 at 8:14 a.m. She said she would go directly to the resident's room and start to assess the resident for any injuries after a fall. She would assess the environment to ensure the safety of the resident. She would then move the resident to check for injuries. She would complete all vitals and start neurological assessments if it was an unwitnessed fall. She would report to the director of nursing (DON), physician and family.
Certified nurse aide (CNA) #8 was interviewed on 11/20/19 at 8:27 a.m. She said if she found a resident on the floor, she would call for the nurse right away and follow the directions from the nurse.
CNA #6 was interviewed on 11/20/19 at 8:27 a.m. She said she would make sure the resident was safe and get help as soon as possible.
The DON was interviewed on 11/20/19 at 10:37 a.m. The DON said whenever a resident had a fall, the staff who found the resident ensured the resident was safe and called for assistance. A nurse would assess the resident for any injuries, and physician, family and I should be contacted immediately about the fall.
The DON was shown the resident incident reports for Resident #5 (above). The DON said LPNs could complete the fall assessments, as it was in their scope of practice.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Accident Prevention
(Tag F0689)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, record review and interviews, the facility failed to ensure the resident environment remained as free of ...
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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 the resident environment remained as free of accident hazards as possible, and adequate supervision and assistance devices to prevent accidents were provided, for one (#46) of three residents reviewed for falls out of 23 sample residents.
Specifically, the facility failed to keep the room door open, when care was not being provided, for Resident #46 who had a high risk for falls.
Findings include:
I. Resident status
Resident #46, age [AGE], was admitted on [DATE] and readmitted on [DATE]. According to the November 2019 computerized physician orders (CPO), diagnoses included dementia, anxiety, and depressive disorder.
The 11/4/19 minimum data set (MDS) assessment revealed the resident was severely cognitively impaired with a brief interview for mental status (BIMS) score of one out of 15. Extensive assistance was needed for transfers, bed mobility, dressing, toileting, and personal hygiene.
II. Record review
The care plan, initiated 8/24/16 and reviewed 8/30/19, identified the resident had frequent falls related to poor balance and poor safety awareness. Interventions included:
-Ensure room is close to nurses' station.
-Ensure fall mat is next to bed while at rest or during the hours of sleep. She will often be found by staff on the floor mat and will tell staff she did not fall, she was just praying or looking for shoes.
-She knows how to turn off pressure alarms, monitor closely.
-She remains with numerous falls, alarms placed on chair and bed for safety.
The care plan, initiated 5/21/19, identified the resident did not like to socialize and preferred to isolate herself in her room. Interventions included to verbally invite her to activities daily and to participate in the walk to dine program with each meal. She often refused, so continue to encourage.
The November 2019 CPO included:
-Fall mat in place while in bed for fall precautions.
-Resident to have bed/chair alarm, check function of bed and chair alarm every shift for a diagnosis of poor safety awareness.
III. Observations and staff interviews
The resident's room was observed on 11/18/10 at 9:37 a.m. with the door closed. The staff walking by said she was still sleeping. At 11:35 a.m. the door was open. The resident was in bed lying down. The wheelchair had an alarm attached to the back piece, the bed had an alarm attached to it, the bed was in the lowest position, and a fall mat was next to the bed. At 2:09 p.m. the room door was closed. Certified nurse aide (CNA) #6 said the resident was in her room with a family member.
The resident's door was closed on 11/19/19 at 8:39 a.m. Certified medication aide (CMA) #4 was interviewed at 8:39 a.m. She said the resident needed the chair alarm, bed alarm, low bed, and fall mat because she was a high fall risk. She said the resident had been seen on occasion throwing herself out of her chair to get attention and have her family come in to see her. She said the door should not be closed, but left cracked open for staff to be able to hear the alarms if they went off. She said when the alarms went off the staff knew she had wiggled off her bed. She said the door should be open if the resident had been identified a high fall risk, for the staff to keep a better view of her when walking up and down the hallway.
CMA #1 was interviewed on 11/19/19 at 8:44 a.m. He said the aide assigned to the floor must have closed the door to only leave a crack open. He said the door should be open all the way so staff had a better view of her in her room and hear the alarms if she set them off.
The director of nursing (DON) was interviewed on 11/19/19 at 8:47 a.m. She said the resident was a high fall risk. She said the door should not be closed. She said if the door was open staff could see her better and hear the bed alarm if she set it off. She said she would provide education to the staff on the importance to keep a resident identified as a high fall risk in line of sight when in their room.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Medication Errors
(Tag F0758)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record reviews and interviews, the facility failed to ensure no unnecessary psychotropic medication usage for one (#3) ...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record reviews and interviews, the facility failed to ensure no unnecessary psychotropic medication usage for one (#3) of five residents reviewed out of 23 sample residents.
Specifically, the facility failed to assess for the continued use of Lorazepam as needed (PRN) drug for Resident #3.
Findings include:
I. Facility policy and procedure
The Chemical and Physical Restraint policy and procedure, undated, provided by the nursing home administrator (NHA) on 11/20/19 at 2:00 p.m., read in part, the resident has the right to be free from any physical restraints imposed and psychoactive drugs administered. Orders for restraints shall not be enforced for longer than 12 hours unless the resident's condition worsens and the care plan should indicate the specific period of time for the use of the chemical restraint. Assessment of the restraint rationale would be continually documented.
II. Resident #3 status
Resident #3, age [AGE], was admitted on [DATE]. According to the November 2019 computerized physician orders (CPO), diagnoses included heart failure, atrial fibrillation, and pressure ulcer of right hip.
The 8/23/19 minimum data set (MDS) assessment revealed the resident had no cognitive impairment with a brief interview for mental status (BIMS) score of 13 out of 15. No mood or behavior symptoms were noted. She required extensive assistance for transfers and personal hygiene. She required total assistance with bed mobility and toileting.
III. Record review
The care plan, initiated 9/11/19, identified periods of anxiety and Ativan PRN. Interventions included: pharmacy consultant review of medication use and potential side effects, assess for changes in mood status and assess effectiveness of anti-anxiety medication therapy.
The November 2019 CPO revealed Lorazepam (anti-anxiety medication) 0.5 mg, one tablet by mouth every 8 hours PRN for anxiety, ordered on 9/11/19.
The medication administration record (MAR) for November 2019 documented no use of Lorazepam, but the medication was still available for administration.
The medication regimen review (MRR), signed by the pharmacy, dated 10/10/19, read in part, federal regulations now limit the PRN use of any psychoactive medications to 14 days and the order may be continued with a clinical progress note and an anticipated stop date. The MRR was not signed in agreement or disagreement by the attending physician.
IV. Staff interviews
The nursing home administrator (NHA) was interviewed on 11/20/19 at 1:58 p.m. She said the lorazepam should have been discontinued. She said she thought the medication was discontinued a month ago.
The director of nursing (DON) was interviewed on 11/20/19 at 2:00 p.m. She said she was unaware of the PRN medication order. She said the medication should have been discontinued. She said the supportive documentation on the pharmacy recommendations and the administration record for October 2019 was in the computer system and she was unable to retrieve them. (Cross-reference F842, failure to ensure accessible medical records.)
V. Facility follow-up
On 11/20/19 at 3:00 p.m. the NHA said an order to discontinue the Lorazepam was obtained and the medication was discontinued.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0582
(Tag F0582)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and staff interview, the facility failed to inform four (#21, #100, #37, and #99) of four residents revie...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and staff interview, the facility failed to inform four (#21, #100, #37, and #99) of four residents reviewed for liability notices and beneficiary appeal rights, out of 23 sample residents, both orally and in writing in a language that the residents understood, of their rights and all rules and regulations governing resident conduct and responsibilities during their stay in the facility.
Specifically, the facility failed to:
-Obtain a signature from the residents' authorized representatives on liability notices provided for Residents #21 and #100, who were unable to understand the information due to severe cognitive impairment; and
-Provide notification of Medicare Non-Coverage letters to the beneficiary/representative after verbal notification of Medicare covered services ended for Residents #37 and #99.
Findings include:
I. Notice of non-coverage regulatory reference
The Notice of Medicare Provider Non-Coverage (form CMS-10123) letters, also called Non-Coverage letters, Expedited Appeal Notice (ABN), or a Generic Notice, are provided to residents receiving skilled nursing facility (SNF) services funded through Medicare benefits. Non-Coverage letters document that residents and/or their legal representatives have received written notification that discontinuation of Medicare coverage is imminent.
If unable to personally deliver the CMS required forms to the resident or responsible party, social services (or rehab program manager) must telephone the responsible party to notify them of the last covered day and the expedited review process.
-The call must be documented on all notices.
-Information must include the name of the caller, person contacted, date and time of call and telephone number.
-All notices must be mailed to the responsible party the same day of the call. Please include two copies, one for their records and one to sign and return.
II. Resident #21
Resident #21, age [AGE], was admitted on [DATE]. According to the November 2019 computerized physician orders (CPO), diagnoses included dementia, Alzheimer's, and depression.
According to the 9/6/19 minimum data set (MDS) assessment, the resident had severe cognitive impairment with a brief interview for mental status (BIMS) score of six out of 15.
Review of the liability notice for resident #21 revealed:
-The Notice of Medicare Non-Coverage indicated skilled services would end on 7/25/19.
-The resident signed the notice on 7/23/19.
III. Resident #100
Resident #100, age [AGE], was admitted on [DATE]. According to the November 2019 CPO, diagnoses included dementia and Alzheimer's.
According to the 9/26/19 MDS assessment, the resident had severe cognitive impairment with a BIMS score of four out of 15.
Review of the liability notice for resident #100 revealed:
-The Notice of Medicare Non-Coverage indicated skilled services would end on 8/22/19.
-The resident signed the notice on 8/19/19.
IV. Resident #37
Resident #37, age [AGE], was admitted on [DATE]. According to the November 2019 CPO, diagnoses included dementia.
According to the 10/21/19 MDS assessment, the resident had severe cognitive impairment with a BIMS score of zero out of 15.
Review of the liability notice for resident #37 revealed:
-The Notice of Medicare Non-Coverage indicated skilled services would end on 6/13/19.
-The resident's POA was called on 6/11/19 with no time of call and no date to indicate the notice was mailed to the responsible party the same day of the call.
V. Resident #99
Resident #99, age [AGE], was admitted on [DATE]. According to the November 2019 CPO, diagnoses included dementia.
According to the 10/12/18 MDS assessment, the resident had severe cognitive impairment with a BIMS score of five out of 15.
Review of the liability notice for resident #99 revealed:
-The Notice of Medicare Non-Coverage indicated skilled services would end on 7/23/19.
-The resident's POA was called on 7/20/19 with no time of call and no date to indicate the notice was mailed to the responsible party the same day of the call.
VI. Staff interview
The social service director (SSD) was interviewed on 11/20/19 at 9:52 a.m. She said residents with moderate to severe cognitive impairment (as evidenced through BIMS scoring) should not sign notices of acknowledgement. The SSD said the resident's representative should have been provided a copy of a liability notice and appeal rights in order to act on the resident's behalf. The SSD said, I was not aware the notice was required to be sent out to the resident's representative as follow-up to the telephone call.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Grievances
(Tag F0585)
Could have caused harm · This affected multiple residents
Based on record review, observation and interviews, the facility failed to inform residents on how and to whom a grievance or complaint could be filed.
Specifically, the facility failed to:
-Provide ...
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Based on record review, observation and interviews, the facility failed to inform residents on how and to whom a grievance or complaint could be filed.
Specifically, the facility failed to:
-Provide information to the residents on how to file a grievance;
-Ensure the residents had access to the information on how to file a grievance; and
-Inform the residents of the name and role of the grievance official.
Findings include:
I. Facility policy and procedure
The Lost, Misplaced or Damaged Items policy, undated, was provided by the nursing home administrator (NHA) on 11/20/19 at 1:22 p.m., and read in part:
It is the policy of the facility to maintain all personal belongings for each resident in good condition and located in the appropriate storage areas. When an item or article of clothing is lost, misplaced or damaged, the facility will investigate the problem until the item is found, relocated or repaired when necessary.
When a resident, family member, friend, or staff member discovers something missing, the following procedure should be followed: Report missing items to social services department, turn in form to the assigned social worker and all departments will be notified via a copy of the attached form.
II. Resident group interview
The resident group was interviewed on 11/19/19 at 3:00 p.m. with five alert and oriented residents. All five of the residents said they did not know who the grievance official was or how to file a grievance within their community.
Resident #18 was interviewed on 11/19/19 at 4:48 p.m. Resident #18 said the problem was that staff did not communicate with each other. She said, I will report a problem and the certified nurse aide (CNA) will not pass the information on. Staff do not think it is a problem, but to us residents, it is a problem. She said, I have reported things to (the social services director) and they never get followed up on. She said, I do not know where to find the grievance forms.
III. Staff interviews
The activity director (AD) was interviewed on 11/20/19 at 8:51 a.m. She said the residents were assisted by the staff who they reported their grievances to. She said the staff person obtained the form from the nurse's station, and helped the resident complete it or advised the resident how to complete the form. The AD did not know how the information was given to the residents other than when they requested the form. She did not know how often residents were informed about the grievance process by the social service director (SSD). She said the nursing home administrator (NHA) was the one who would investigate the grievances and then hand them off to the specific department which the grievance was about.
CNA #3 was interviewed on 11/19/19 at 8:17 a.m. She said she was not familiar with the grievance process but if a resident reported a problem to her she would report it to the charge nurse.
The SSD was interviewed on 11/19/19 at 3:43 p.m. The SSD was asked where she kept the grievance forms. The SSD said they should be on the table outside of her office. She walked out to the front entryway and said, No, they are not there. She reentered her office and proceeded to remove one from a notebook. The SSD was told of the above interviews with the residents. She said the NHA was the grievance official. She said she would help if asked, but had not been asked to help with any grievances. She said she did not discuss the grievance process with the residents.
The NHA was interviewed on 11/20/19 at 11:54 a.m. She said every staff member could help a resident if they wanted to file a grievance. She said everyone knew where the grievance forms were located at the nursing station. The NHA said the grievance process went through the SSD and then would land on her desk. She said if the residents didn't want to talk to the SSD they could talk with her. She was told of the resident interviews above. The NHA said it was important for residents to know who the grievance official was so they knew who to report concerns to get them resolved. She said it was important for residents to have knowledge of how to file a grievance so they could do so in private. The NHA was not aware residents did not know who to go to when they needed or wanted to file a grievance. She did not know they did not know the process of how to file a grievance or complete the grievance form. She said she thought all of the residents knew where to find the information independently.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Free from Abuse/Neglect
(Tag F0600)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** II. Resident #5
A. Resident status
Resident #5, age [AGE], was admitted on [DATE]. According to the November 2019 CPO, diagnoses...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** II. Resident #5
A. Resident status
Resident #5, age [AGE], was admitted on [DATE]. According to the November 2019 CPO, diagnoses included dementia, diabetes mellitus, non-traumatic chronic subdural hemorrhage, disorientation and specified depressive episodes
According to the 8/26/19 minimum data set (MDS) assessment, the resident had severe cognitive impairment with a brief interview for mental status (BIMS) score of one out of 15. No mood or behavior symptoms were noted. He required extensive assistance for bed mobility, transfers, grooming and toilet use.
B. Record review
The care plan, initiated 5/24/19 and revised 6/3/19, identified the resident was at risk for side effects from his antidepressant medication. He had a diagnosis of other specified depressive episodes and was prescribed an antidepressant daily. Staff had not reported any low mood indicators since his admission. Interventions included: administer medication as ordered; observe for side effects, report and document to the provider, such as dizziness, nausea, anxiety, weight and appetite changes or insomnia; and monitor and record target behaviors and negative statements.
Resident #5 did not have a person-centered care plan or interventions to evaluate verbal and physical behaviors directed towards others.
C. Observations
On 11/19/19 at 2:13 p.m., Resident #5 was observed getting close to Resident #18. Resident #18 was observed maneuvering her wheelchair away from Resident #5. Resident #5 continued to get close to Resident #18. Resident #18 was observed shooing Resident #5 away. Resident #5 eventually left the Bingo table and proceeded to go towards the television in the common area.
On 11/20/19 at 8:47 a.m., the director of nursing (DON) was standing between Resident #21 and Resident #5. Both residents were visibly agitated. The DON stood in the middle of both residents to ensure they did not have a physical altercation. The residents continued to talk to each other in Spanish, calling each other curse words. The DON then removed Resident #5 from the common area and escorted him to the front of her office. The NHA came out and asked Resident #5 if he wanted a candy and escorted him into her office.
D. Resident Interviews
Resident #18 was interviewed on 11/18/19 at 10:26 a.m. She said Resident #5 was very sexually vocal with female residents and female staff. She said, He will ask me if I want to kiss him and makes gestures. She said, We cannot even sit in the dining room without him bothering me or saying something inappropriate. That is why I stay in my room.
Resident #8 was interviewed on 11/18/19 at 12:32 p.m. He said Resident #5 would harass and try to start fights with me and Resident #21. He said Resident #5 was always telling me to get out of here because he owns this place. He said Resident #5 will tell everybody that he bought this building for millions of dollars and he owns it. Resident #8 said Resident #5 was always talking dirty to women residents'' and to female staff. He said, I will tell him to leave the women alone and he gets mad and will try to pick fights. He said people would get kicked out of facilities for less than that. Resident #8 said, I will protect the women residents even if I get kicked out of here.
Resident #22 was interviewed on 11/18/19 at 3:34 p.m. Resident #22 said Resident #5 was always yelling at her. She said Resident #5 came after me down my hall but I was too fast. She said, He asks me if I want a kiss but I always tell him I am married. This seems to stop him momentarily but he still talks to me inappropriately. She said he even tried to put his hand down a certified nurse aide's (CNA's) shirt. Resident #22 said, I just try to stay away from him and I am aware where he is all the time.
Resident #21 was interviewed on 11/18/19 at 3:45 p.m. He said Resident #5 was always picking on me, always bothering me, and one time I was going to hit him but the nurse pulled me away. Resident #21 said Resident #5 was disruptive to everyone in the facility and he was always yelling. Resident #21 said, One time he tried to hit me. He swung at me and I ducked but a nurse took him away. Resident #21 said, Staff spoil him. Resident #21 said, He bothers me two to three times a week. I have been staying away from him to avoid fights, and I can't run away from him because I get short of breath because I have chronic obstructive pulmonary disease (COPD). Resident #21 said, Yes, staff know about (Resident #5) trying to hit me.
Resident #40 was interviewed on 11/19/19 at 8:45 a.m. Resident #40 said Resident #5 kicked my foot while I was sitting in my wheelchair. He then raised his fist at me stating he would hit me. Resident #40 said, I reported it to a nurse but I cannot remember her name. After him kicking me, I stay away from.
E. Interviews
A certified medication aide (CMA) was interviewed on 11/18/19 at 2:13 p.m. He said Resident #5 would just pick fights with other residents and he makes very inappropriate comments to female residents. He said Resident #5 believes he bought the facility and will tell the male residents to get out, which causes problems.
Registered nurse (RN) #1 was interviewed on 11/18/19 at 2:23 p.m. She said Resident #5 will mirror the attitude of the other male residents. A lot of residents complain about him. She said Resident #5 and another resident got into an argument and then both started grabbing at each other and started hitting each other. She said, I think the fights work both ways because all of them are to blame.
The nursing home administrator (NHA) was interviewed on 11/18/19 at 3:00 p.m. She said Resident #5 would occasionally have behaviors. She said the resident would mirror the behaviors of others and respond accordingly. She said Resident #5 had numerous battles with other males and how they respond to him. She said Resident #5 had lost his wife and he thinks the female residents are his wife, and that was where the inappropriate comments came from. She said staff would intervene and redirect both parties to stop the altercations. The NHA said there had been no physical altercations but they mainly watched for verbal aggression. She said the resident had verbal behaviors two to three times a week. She said they really didn't know what he was telling the residents because he speaks to them in Spanish. The NHA said they had discussed with all staff to keep Resident #5 in line of sight, be aware of his location and ensure he does not have any altercations with other residents whether it be verbal or physical.
The NHA said, I am aware of two female residents who have complained about (Resident #5's) verbal comments. I have instructed staff to ensure (Residents #5) doesn't get close to them. We have increased his medication and we have seen a decrease in his sexual comments towards female residents. She said she would check to see if there were any reports or investigations of alleged abuse by Resident #5 toward other residents, and added, I don't feel we are using medication as a physical restraint.
The NHA was interviewed a second time on 11/18/19 at 4:30 p.m. She said there were no reports or investigations for resident-to-resident verbal and physical aggression. She said the nursing notes were just alert charting.
Licensed practical nurse (LPN) #2 was interviewed on 11/20/19 at 8:14 a.m. She said Resident #5 had physical and verbal behaviors directed toward male and female residents. She said, When he becomes agitated we take him away from the situation and place him next to the DON's or the NHA's office.
Certified nurse aide (CNA) #8 was interviewed on 11/20/19 at 8:27 a.m. She said Resident #5 had his good and bad days. She said Resident #5 will aggressively go after male residents and he will make inappropriate comments to the female residents. She said she knew he was saying something to the female residents, but she didn't know what he said because Resident #5 spoke Spanish which she didn't understand. She said, All I know is the female residents don't want him around them. He will mirror other behaviors and will mimic residents' behavior. He went after a male resident and I tried to intervene and he swung at me and hit me in the eye, causing a black eye. She said, I don't think it was reported because (Resident #5) has dementia and he doesn't really know what he is doing. She said Resident #5 had behaviors daily.
CNA #7 was interviewed on 11/20/19 at 8:44 a.m. She said the resident made inappropriate comments to staff and female residents. She said Resident #5 would have behaviors on a daily basis.
The activity director (AD) was interviewed on 11/20/19 at 8:51 a.m. She said, We try to keep (Resident #5) occupied so he doesn't get into any altercations with other residents. Staff will try to keep him either in the DON's office or the NHA's office. He mirrors others behaviors so if you approach him aggressively he will respond to you in the same manner. He has bumped his wheelchair into other residents, but I couldn't tell you if was on purpose or accidental.
The social services director (SSD) and NHA were interviewed on 11/20/19 at 9:52 a.m. The SSD said Resident #5 does cuss and does become agitated because of the way he was treated by other residents. She said Resident #5 had a diagnosis of Lewy body dementia and he doesn't know what he is doing. She said Resident #5 had never been physical and he had never hit anyone, including staff. She said Resident #5 was bullied by other residents because they don't like him. The SSD said staff intervened and redirected the resident when he was having behavior issues. She said when any resident had an outburst or was showing physical aggression they called behavioral health to evaluate the behavior so we can ensure all of the residents' safety. The NHA and SSD were told of the interviews and observations above. The NHA said when staff intervened and removed Resident #5 from an altercation she would not consider it a form of isolation but ensuring his safety. The NHA said she was aware of the staff member being hit but was not aware of the other incidents of Resident #5 running his wheelchair into other residents and striking Resident #40.
The director of nursing (DON) was interviewed on 11/20/19 at 10:37 a.m. The DON said, I feel (Resident #5) is bullied by other residents, and they just pick on him. This gets him agitated and he starts yelling and then staff have to intervene and take him away from the other residents. She said with his diagnosis of Lewy body dementia he really doesn't know what he is doing.
No reporting to state authorities or facility investigation was initiated prior to the survey exit on 11/20/19.
Based on record review and interviews, the facility failed to protect from and prevent abuse for seven (#38, #18, #8, #22, #21, #40 and #5) of seven residents reviewed of 23 sample residents.
Specifically, the facility:
-Failed to protect Resident #38 from abuse by Resident #46; and
-Failed to protect Residents #18, #8, #22, #21 and #40 from verbal and physical abuse from Resident #5, and Resident #5 from bullying and potential retaliatory abuse by other residents.
Cross-reference F610, the facility failed to report to state authorities and investigate incidents and allegations of verbal and physical abuse.
Cross-reference to F943, the facility failed to provide training to all staff at a minimum on abuse prevention and dementia management.
Findings include:
I. Resident #38
A. Resident status
Resident #38, age [AGE], was admitted on [DATE]. According to the November 2019 computerized physician orders (CPO), diagnoses included type II diabetes mellitus (DMII) and insomnia.
The 8/26/19 minimum data set (MDS) assessment revealed the resident had severe cognitive impairment with a brief interview for mental status (BIMS) score of six out of 15. The MDS identified the resident was able to walk in a corridor with supervision.
B. Record review
The care plan, initiated on 9/26/19, identified the resident was at risk for falls related to impaired mobility and a history of falls. Interventions included to ensure the resident wore properly fitting non-skid footwear and to maintain an environment free of clutter and safety hazards.
The resident had a room at the beginning of E hall.
C. Incident
The resident incident report dated 11/15/19 at 7:15 p.m. documented, Resident (#38) was down E hall getting snacks from (the) dietary cart, placed snacks on walker and began to walk east down E hall. Other resident (#46) was standing at the end of the hall waiting for (the) snack cart when he approached (Resident #38) and yelled 'you are always getting in my way!' and physically turned (Resident #38) around to face west and pushed him from behind, which made (Resident #38) fall sideways onto right knee and then hit his head on the north wall. Abrasion to right knee 3 cm X 1.8 cm, red area to back of head 1 cm X 1 cm.
The statement from certified medication aide (CMA) #5 dated 11/15/19 included, I (saw Resident #46) move (Resident #38)'s walker and what looked like a push to (Resident #38) by the snack cart.
The statement from dietary aide (DA) #5 dated 11/15/19 included, (Resident #46) made a comment to (#38) 'This isn't gonna work, your always in my way. Go the other way.' At this point (#46) grabbed (#38's) walker from him. As I turned around to see what he was doing, (#46) put his hands on (#38's) shoulders, spun him around to where he was now facing the nurses station. (#46) shoved (#38) with both his hands. (#38) fell to the floor very hard hitting his knee on the ground and the back of his head on the wall.
The facility failed to protect Resident #38 from physical abuse.
D. Staff interviews
CMA #4 was interviewed on 11/19/19 at 8:39 a.m. She said the resident had a scraped knee after he fell on [DATE]. She said staff were told to keep an eye out for him when he walked down E hall in front of Resident #46's door.
Certified nurse aide (CNA) #6 was interviewed on 11/19/19 at 8:40 a.m. He said Resident #38 liked to walk up and down E hall and nothing had happened to him before the incident on 11/15/19.
CMA #1 was interviewed on 11/20/19 at 8:34 a.m. He said Resident #38 had not shown any fearfulness toward Resident #46 since the altercation on 11/15/19.
Registered nurse (RN) #1 was interviewed on 11/19/19 at 8:45 a.m. She said Resident #38 had a small abrasion on his right knee. She said he had not displayed any fearfulness toward Resident #46.
The social services director (SSD) was interviewed on 11/19/19 at 1:50 p.m. She said Resident #38 denied any fearfulness toward Resident #46 after the altercation.
The director of nursing (DON) was interviewed on 11/20/19 at 10:38 a.m. She said the resident liked to walk up and down Hall E, and the altercation that happened was unexpected. She interviewed the resident after the altercation and he did not remember what had happened and he denied being afraid of Resident #46. She said the abrasion sustained from the fall was being treated, and Resident #38 had not voiced any concerns about the altercation. She said the facility should do its best to protect all residents from any and all abuse.
The nursing home administrator (NHA) was interviewed on 11/20/19 at 2:05 p.m. She said Resident #38 had shown no fear of Resident #46, nor has he been denied walking up and down hall E. She said if he did walk up and down hall E, staff needed to keep a closer eye on him when he got closer to the end where he turned around. She said all residents had the right to be free from any harm. She said the facility worked very hard to prevent any form of abuse to all the residents in the facility.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Investigate Abuse
(Tag F0610)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** IV. Resident #5
A. Resident status
Resident #5, age [AGE], was admitted on [DATE]. According to the [DATE] CPO, diagnoses includ...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** IV. Resident #5
A. Resident status
Resident #5, age [AGE], was admitted on [DATE]. According to the [DATE] CPO, diagnoses included dementia, diabetes mellitus, non-traumatic chronic subdural hemorrhage, disorientation and specified depressive episodes.
According to the [DATE] minimum data set (MDS) assessment, the resident had severe cognitive impairment with a brief interview for mental status (BIMS) score of one out of 15. No mood or behavior symptoms were noted. He required extensive assistance for bed mobility, transfers, grooming and toilet use.
B. Record review
The care plan, initiated [DATE] and revised [DATE], identified the resident was at risk for side effects from his antidepressant medication. He had a diagnosis of other specified depressive episodes and was prescribed an antidepressant daily. Staff had not reported any low mood indicators since his admission. Interventions included: administer medication as ordered; observe for side effects, report and document to the provider, such as dizziness, nausea, anxiety, weight and appetite changes or insomnia; and monitor and record target behaviors and negative statements.
Resident #5 did not have a person-centered care plan or interventions to evaluate verbal and physical behaviors directed towards others.
A medical report, dated [DATE] at 7:00 p.m., revealed Resident #5 was seen for nursing home follow up and 30 day recertification. He had a history of Lewy body dementia, hypertension, and hyperlipidemia. Nursing staff reported he had been inappropriate, making advances at other female residents and staff. Aside from this nursing staff reported no concerns or issues.
A medical report, dated [DATE] at 12:45 p.m., revealed Resident #5 was seen for nursing home follow up and 30 day recertification. He had a history of Lewy body dementia, hypertension, and hyperlipidemia. He had been acting out, approaching female staff, patients and patients' families with inappropriate sexual talk. He had also been observed running his wheelchair into other male residents ' wheelchairs. He was tested for urinary tract infection (UTI) as his outbursts were becoming more frequent. Urinary analysis (UA) was negative for UTI. The social services director was asking that his behavioral outbursts be treated pharmacologically as he was becoming more aggressive. Resident #5 was currently on Aricept 5 mg which could be increased or changed to Exelon. It was recommended the social service director (SSD) bring the behavior outbursts to the quality assurance (QA) meeting to discuss with the medical director. Resident #5 required ongoing nursing facility care for assistance with all activities of daily living (ADLs), monitoring of medical condition and behaviors and personal safety guidance and cues.
A nursing log note, dated [DATE], no time given, revealed the resident was on follow up for behaviors. No adverse behaviors were noted thus far this shift. He had been pleasant and cooperative with care, no aggression noted.
A nursing log note, dated [DATE] at 11:00 p.m., revealed resident continues to be on alert charting for behaviors concerning inappropriate sexual comments and touching. No behaviors observed throughout the night. Resident pleasant and cooperative. Resident went to bed early this evening and was resting quietly with eyes closed.
A nursing log note, dated [DATE] at 12:00 a.m., revealed resident continues to be on alert charting for behaviors concerning inappropriate sexual comments and touching. No behaviors observed throughout the night. Resident resting quietly with eyes closed.
C. Observations
On [DATE] at 2:13 p.m., Resident #5 was observed getting close to Resident #18. Resident #18 was observed maneuvering her wheelchair away from Resident #5. Resident #5 continued to get close to Resident #18. Resident #18 was observed shooing Resident #5 away. Resident #5 eventually left the Bingo table and proceeded to go towards the television in the common area.
On [DATE] at 8:47 a.m., the director of nursing (DON) was standing between Resident #21 and Resident #5. Both residents were visibly agitated. The DON stood in the middle of both residents to ensure they did not have a physical altercation. The residents both continued to talk to each other in Spanish, calling each other curse words. The DON then removed Resident #5 from the common area and escorted him to the front of her office. The NHA came out and asked Resident #5 if he wanted a candy and escorted him into her office.
D. Resident Interviews
Resident #18 was interviewed on [DATE] at 10:26 a.m. She said Resident #5 was very sexually vocal with female residents and female staff. She said, He will ask me if I want to kiss him and makes gestures. She said, We cannot even sit in the dining room without him bothering me or saying something inappropriate. That is why I stay in my room.
Resident #8 was interviewed on [DATE] at 12:32 p.m. He said Resident #5 would harass and try to start fights with me and Resident #21. He said Resident #5 was always telling me to get out of here because he owns this place. He said Resident #5 will tell everybody that he bought this building for millions of dollars and he owns it. Resident #8 said Resident #5 was always talking dirty to women residents ' ' and to female staff. He said, I will tell him to leave the women alone and he gets mad and will try to pick fights. He said people would get kicked out of facilities for less than that. Resident #8 said, I will protect the women residents even if I get kicked out of here.
Resident #22 was interviewed on [DATE] at 3:34 p.m. Resident #22 said Resident #5 was always yelling at her. She said Resident #5 came after me down my hall but I was too fast. She said, He asks me if I want a kiss but I always tell him I am married. This seems to stop him momentarily but he still talks to me inappropriately. She said he even tried to put his hand down a certified nurse aide's (CNA's) shirt. Resident #22 said, I just try to stay away from him and I am aware where he is all the time.
Resident #21 was interviewed on [DATE] at 3:45 p.m. He said Resident #5 was always picking on me, always bothering me, and one time I was going to hit him but the nurse pulled me away. Resident #21 said Resident #5 was disruptive to everyone in the facility and he was always yelling. Resident #21 said, One time he tried to hit me. He swung at me and I ducked but a nurse took him away. Resident #21 said, Staff spoil him. Resident #21 said, He bothers me two to three times a week. I have been staying away from him to avoid fights, and I can ' t run away from him because I get short of breath because I have chronic obstructive pulmonary disease (COPD). Resident #21 said, Yes, staff know about (Resident #5) trying to hit me.
Resident #40 was interviewed on [DATE] at 8:45 a.m. Resident #40 said Resident #5 kicked my foot while I was sitting in my wheelchair. He then raised his fist at me stating he would hit me. Resident #40 said, I reported it to a nurse but I cannot remember her name. After him kicking me, I stay away from.
E. Interviews
A certified medication aide (CMA) was interviewed on [DATE] at 2:13 p.m. He said Resident #5 would just pick fights with other residents and he makes very inappropriate comments to female residents. He said Resident #5 believes he bought the facility and will tell the male residents to get out, which causes problems.
Registered nurse (RN) #1 was interviewed on [DATE] at 2:23 p.m. She said Resident #5 will mirror the attitude of the other male residents. A lot of residents complain about him. She said Resident #5 and another resident got into an argument and then both started grabbing at each other and started hitting each other. She said, I think the fights work both ways because all of them are to blame.
The nursing home administrator (NHA) was interviewed on [DATE] at 3:00 p.m. She said Resident #5 would occasionally have behaviors. She said the resident would mirror the behaviors of others and respond accordingly. She said Resident #5 had numerous battles with other males and how they respond to him. She said Resident #5 had lost his wife and he thinks the female residents are his wife, and that was where the inappropriate comments came from. She said staff would intervene and redirect both parties to stop the altercations. The NHA said there had been no physical altercations but they mainly watched for verbal aggression. She said the resident had verbal behaviors two to three times a week. She said they really didn't know what he was telling the residents because he speaks to them in Spanish. The NHA said they had discussed with all staff to keep Resident #5 in line of sight, be aware of his location and ensure he does not have any altercations with other residents whether it be verbal or physical.
The NHA said, I am aware of two female residents who have complained about (Resident #5 ' s) verbal comments. I have instructed staff to ensure (Residents #5) doesn ' t get close to them. We have increased his medication and we have seen a decrease in his sexual comments towards female residents. She said she would check to see if there were any reports or investigations of alleged abuse by Resident #5 toward other residents, and added, I don ' t feel we are using medication as a physical restraint.
The NHA was interviewed a second time on [DATE] at 4:30 p.m. She said there were no reports or investigations for resident-to-resident verbal and physical aggression. She said the nursing notes were just alert charting.
Licensed practical nurse (LPN) #2 was interviewed on [DATE] at 8:14 a.m. She said Resident #5 had physical and verbal behaviors directed toward male and female residents. She said, When he becomes agitated we take him away from the situation and place him next to the DON ' s or the NHA's office.
Certified nurse aide (CNA) #8 was interviewed on [DATE] at 8:27 a.m. She said Resident #5 had his good and bad days. She said Resident #5 will aggressively go after male residents and he will make inappropriate comments to the female residents. She said she knew he was saying something to the female residents, but she didn't know what he said because Resident #5 spoke Spanish which she didn't understand. She said, All I know is the female residents don ' t want him around them. He will mirror other behaviors and will mimic residents' behavior. He went after a male resident and I tried to intervene and he swung at me and hit me in the eye, causing a black eye. She said, I don ' t think it was reported because (Resident #5) has dementia and he doesn ' t really know what he is doing. She said Resident #5 had behaviors daily.
CNA #7 was interviewed on [DATE] at 8:44 a.m. She said the resident made inappropriate comments to staff and female residents. She said Resident #5 would have behaviors on a daily basis.
The activity director (AD) was interviewed on [DATE] at 8:51 a.m. She said, We try to keep (Resident #5) occupied so he doesn't get into any altercations with other residents. Staff will try to keep him either in the DON's office or the NHA's office. He mirrors others behaviors so if you approach him aggressively he will respond to you in the same manner. He has bumped his wheelchair into other residents, but I couldn ' t tell you if was on purpose or accidental.
The social services director (SSD) and NHA were interviewed on [DATE] at 9:52 a.m. The SSD said Resident #5 does cuss and does become agitated because of the way he was treated by other residents. She said Resident #5 had a diagnosis of Lewy body dementia and he doesn ' t know what he is doing. She said Resident #5 had never been physical and he had never hit anyone, including staff. She said Resident #5 was bullied by other residents because they don ' t like him. The SSD said staff intervened and redirected the resident when he was having behavior issues. She said when any resident had an outburst or was showing physical aggression they called behavioral health to evaluate the behavior so we can ensure all of the residents ' safety. The NHA and SSD were told of the interviews and observations above. The NHA said when staff intervened and removed Resident #5 from an altercation she would not consider it a form of isolation but ensuring his safety. The NHA said she was aware of the staff member being hit but was not aware of the other incidents of Resident #5 running his wheelchair into other residents and striking Resident #40.
The director of nursing (DON) was interviewed on [DATE] at 10:37 a.m. The DON said, I feel (Resident #5) is bullied by other residents, and they just pick on him. This gets him agitated and he starts yelling and then staff have to intervene and take him away from the other residents. She said with his diagnosis of Lewy body dementia he really doesn ' t know what he is doing.
No reporting to state authorities or facility investigation was initiated regarding Resident #5's verbal and physical abuse toward other residents, prior to the survey exit on [DATE].
Based on record review and interviews, the facility failed to have evidence that all alleged abuse/neglect violations were thoroughly investigated for nine (#46, #38, #98, #5, #18, #8, #22, #21 and #40) of nine residents reviewed of 23 sample residents.
Specifically, the facility:
-Failed to thoroughly investigate two altercations caused by Resident #46 towards Residents #38 and #98; and
-Failed to investigate verbal and physical abuse by Resident #5 towards Residents #18, #8, #22, #21 and #40.
Cross-reference to F600, the facility failed to protect residents from verbal and physical abuse.
Cross-reference to F943, the facility failed to provide training to all staff at a minimum on dementia management and abuse prevention.
Findings include:
I. Resident #46
A. Resident status
Resident #46, age [AGE], was admitted on [DATE]. According to the [DATE] computerized physician orders (CPO), diagnoses included depression and malignant neoplasm of prostate.
The [DATE] minimum data set (MDS) assessment revealed the resident had moderate cognitive impairment with a brief interview for mental status (BIMS) score of 11 out of 15. The MDS identified the resident had verbal behavioral symptoms one to three days in the previous seven days.
B. Record review
The resident did not have a care plan available to address the potential for behavioral outbursts that could lead to physical altercations.
II. Resident #38
A. Resident status
Resident #38, age [AGE], was admitted on [DATE]. According to the [DATE] CPO, diagnoses included type II diabetes mellitus (DMII) and insomnia.
The [DATE] MDS assessment revealed the resident had severe cognitive impairment with a BIMS score of six out of 15. The MDS identified the resident was able to walk in a corridor with supervision. The resident had a power of attorney (POA).
III. Altercation on [DATE]
A. Resident incident report
The resident incident report (RIR) dated [DATE] at 7:15 p.m. documented, Resident (#38) was down E hall getting snacks from (the) dietary cart, placed snacks on (his) walker and began to walk east down E hall. Other resident (#46) was standing at the end of the hall waiting for (the) snack cart when he approached (#38) and yelled 'you are always getting in my way!' and physically turned (#38) around to face west and pushed him from behind, which made (#38) fall sideways onto right knee and then hit his head on the north wall. Abrasion to right knee 3 cm X 1.8 cm, red area to back of head 1 cm X 1 cm.
The (RIR) contact information did not include the name of the physician notified. The family notification identified Resident #38.
The statement from the director of nursing (DON) dated [DATE] documented, Interview with (#46) on [DATE] after altercation with (#38). (#46) stated he stood up and moved the residents (#38) walker out of the way, he turned the walker and caused the resident (#38) to fall. (#46) stated he did not mean to cause the resident to fall. He denies being angry, this resident stated he knows the fall of the other resident was his fault. When asked how he felt about causing the fall, (#46) stated he knew he was in trouble. (#46) also stated he needed to remember that the other residents are very frail.
The statement from the DON dated [DATE] documented, (#36): Resident could not remember what happened. He was not fearful.
The statement from dietary aide (DA) #5 dated [DATE] documented, (#46) made a comment to (#38) 'This isn't gonna work, your always in my way. Go the other way.' At this point (#46) grabbed (#38's) walker from him. As I turned around to see what he was doing, (#46) put his hands on (#38's) shoulders, spun him around to where he was now facing the nurses station. (#46) shoved (#38) with both his hands. (#38) fell to the floor very hard hitting his knee on the ground and the back of his head on the wall.
The statement from certified medication aide (CMA) #5 dated [DATE] documented, I (saw #46) move (#38's) walker and what looked like a push to (#38) by the snack cart, (#38) was on the floor and DA #5 was screaming for help. At this time (CMA #3) and certified nurse aide (CNA #9) and myself went down the hall to help (DA #5) with (Resident #38).
The facility did not have statements from CMA #3 or CNA #9. The facility did not have a statement from the charge registered nurse (RN) on duty.
The statement from the social services director (SSD) dated [DATE] (who acknowledged the statement was written on [DATE]) included, It was (reported) to this worker at 7:59 (p.m.) that resident (#46) pushed (#38) down. I talked with the DON and she proceeded to do an interview with all involved. Behavioral health (BH) was called and responded within about two hours. (BH) clinician talked with resident (#46), and after talking with (#46), clinician called and discussed that the resident was remorseful and felt he was not a danger to himself or others. Waiting for a report.
On [DATE], this worker contacted law enforcement and the deputy talked with (#46) and with (#38). (#38) stated he had no fear of anyone in the facility. The deputy stated he would write up his report and it should be ready in about 10 days.
The facility did not conduct interviews with other residents about the altercation.
The BH progress note (PN) provided by the NHA on [DATE] at 3:00 p.m. was written on [DATE] for the event of [DATE], and included: Assessment: client is not meeting 27-65 due to having nonplan or intent to harm himself or others. Client is not gravely disabled. His memory judgement, and insight are intact. I do believe the client needs further work to identify his anger or 'annoyance' prior to getting physical.
Plan: We reviewed physical boundaries of not touching other residents especially when annoyed. DON expressed concern for other residents going forward and stated he may not be allowed to stay. With SSD on the speaker-phone we discussed natural behavioral consequences of assessment and a police report. SSD requested an appointment with a psychiatric provider to evaluate for medication. I requested a regular psych appointment.
The timeline provided by the nursing home administrator (NHA) on [DATE] at 9:05 a.m. listed:
-[DATE] the DON came to the facility to conduct the investigation, initiated 15 minute checks for both residents.
-[DATE] the SSD contacted BH and the police.
-[DATE] (the) sheriff's dept. to facility, met with SSD and the resident (#46) and determined no intent, and no danger to self or others.
-[DATE] the assailant to BH.
B. Interviews
The SSD was interviewed on [DATE] at 1:50 p.m. She said when she was notified of the altercation she immediately called BH. She said whenever there was any kind of behavioral outburst it was the procedure of the facility to call BH to come out for an evaluation. She said Resident #46 had been going to BH for a couple of months. She said BH did not provide notes from any visits with Resident #46. She said BH had not provided a note from their visit on [DATE], and she said she would call and request a note. She said she did not go to the facility the night of the altercation, but she did call BH from home to have the BH on-call clinician perform an assessment. She said the altercation on [DATE] was not the only physical altercation the resident had been in. She said the DON was the lead for the altercation investigation on [DATE]. She said she did not call the police that night because the BH clinician decided resident #46 was not a threat to himself or others, and he was sleeping after the BH evaluation. She said looking back, the police should have been called that night, not the next day. She said because the electronic records were not available, she could not provide a care plan identifying the resident had a history of aggressive behaviors with person-centered individualized interventions if behaviors did present themselves.
The DON was interviewed on [DATE] at 2:11 p.m. She said she was called in by the staff for an altercation between Residents #38 and #46. She said she called the SSD and was told BH had been called. She said after the visit from BH with Resident #46, the clinician stated the resident was not a threat to himself or others. She said she was told by the SSD not to call the police because the residents in the altercation were asleep and the police would not get there until the morning. She said she did not interview the other residents. She said she did not interview CMA #3, CNA #9 or the charge nurse. She said she did not know if Resident #38 had a power of attorney (POA). She documented Resident #38 was the family notified. She said with a BIMS of six, she did not know if he understood what was said. She said Resident #38 had forgotten the altercation had occurred, and was not fearful of Resident #46.
The NHA was interviewed on [DATE] at 5:11 p.m. She said the other staff -- CMA #3, CNA #9, and the charge nurse -- were not interviewed because they did not see the incident. She said there should be a care plan identifying the resident had a history of physical altercations with other residents. She said the facility did not call the police the night of the incident because the residents involved in the altercation were asleep after BH had finished the evaluation of Resident #46. She said the facility did not interview other residents because they were asleep the night of [DATE]. She said they should have interviewed other residents the next day. She said the Residents #38's POA should have been notified of the altercation.
C. Facility follow-up
The NHA provided a care plan on [DATE] at 2:40 p.m. for Resident #46 that identified he had potential for occasional angry outbursts. Interventions included:
-Encourage him to ask for staff assistance when other residents may be blocking hallway.
-He has identified staff he feels comfortable talking about his feelings and frustrations. Staff to be available for him.
-He will remain on 15 minute checks.
-Redirect him when he becomes agitated.
IV. Resident #98
A. Resident status
Resident #98, age [AGE], was admitted on [DATE] and expired on [DATE]. According to the [DATE] CPO, diagnoses included Parkinson's disease and glaucoma.
The [DATE] MDS assessment revealed the resident had no cognitive impairment with a BIMS score of 15 out of 15. The MDS identified the resident had moderate difficulty hearing.
B. Altercation on [DATE]
1. Incident report
The incident report from the altercation was requested on [DATE] at 8:00 a.m. from the NHA.
The DON on [DATE] at 8:15 a.m. provided the initial incident report and a BH note from the altercation on [DATE]. She said everything in the investigation was in the incident report.
The report included, male resident (#98), age [AGE] who was oriented to self only, was propelling wheelchair down another hallway. Male resident (#46), age [AGE], was also propelling wheelchair down the same hallway. Resident (#46) asked other resident to move, as he was blocking the way, resident stated again, please move, you are in the hallway. Resident #98 did not move and mumbled to resident (#46). Resident (#46) became frustrated and hit other resident (#98) on the mouth with his hand, causing a laceration to his lip. Staff quickly intervened and separated residents. Assessment was completed to both residents by an RN. Resident (#98) denied fear and was unable to state what happened. He was sent to the emergency department (ED) to evaluate laceration. Mental health and police were called by facility. Mental health representative met with Resident (#46), where resident stated, 'I know I've acted inappropriately and need help with managing my anger. I know I cannot act this way, and will do whatever I have to do to make this better.' Resident scheduled with mental health for next monday. Awaiting police and resident (#98) return from ED.
The report identified the victim was a [AGE] year-old male, wheelchair bound, had dementia and was alert and oriented to person only.
The report identified the assailant as a [AGE] year-old male, wheelchair bound, alert and oriented by three, with a history of behavior problems, specifically he became frustrated when others would enter his room or bathroom.
The report documented the incident was witnessed by a female resident. The statement was, Resident (#98) wheeled himself down the hallway and stayed in the middle of the hall. Resident (#46) and female resident exited their room. Resident (#46) asked the other male resident to move out of the way. Resident (#98) did not move, and mumbled some words which neither of the other residents heard. Resident (#46) hit the other male resident causing a laceration to his lower lip. Staff immediately intervened.
The report asked to describe whom the facility interviewed and the results of the interviews. The facility documented, Resident (#46) said he had asked him (#98) to move, he ignored me, he tried to move his (#98's) chair as he was blocking the entire hallway. He got so frustrated, he hit him. The charge nurse said she heard a male resident down the hallway yell out 'move', and when she looked up (#46) had already hit (#98). CNA came out of another room and quickly intervened, then the charge nurse quickly assessed the victim. The BH staff said the resident (#46) had some short term memory loss, states he wants help with anger management, feels his chemotherapy treatment and cancer diagnosis have his mind preoccupied and he feels frustrated with everything at times.
The facility failed to interview staff (CNA identified in incident report as intervening quickly) and other residents. The report had no times identified, to include the time the resident was sent out to the ED, when BH arrived, or when the police were called.
The BH note from the incident included: [DATE] (#46), 9:19 a.m. emergency services (ES) was contacted by the SSD of the facility. She reported the client (#46) struck another resident causing a laceration to his lip . The client offered explanations for his behavior stating, 'how am I supposed to know the guy is an idiot?' The ES clinician determined the resident was no risk of harm to himself or others.
The NHA was asked for the complete investigation from the altercation on [DATE]. She provided on [DATE] at 9:00 a.m. a stand-up meeting page with two stapled sheets of notebook paper attached to the back. The first stapled page to the stand up meeting minutes included, E hall all residents state, 'feel safe' or show no signs or symptoms (s/s) of fear of any residents.
The second stapled page included, Staff interviews: once heard #46 state frustration about chemo and wished he could just be 'better and happier,' He was talking with spouse. No concerns voiced by staff-continue to monitor.
B. Interviews
CMA # 1 was interviewed on [DATE] at 8:34 a.m. He said Resident #46 had become aggressive once in a while. He said when he became aggressive staff should start a conversation with him to distract him from what was bothering him. He said he had not seen his care plan. He said if he saw the resident becoming aggressive, he would report the behavior to the charge nurse, SSD, and the administration. He said he did not think Resident #46 was aware of his actions, and that he had not seen the resident act out.
RN #1 was interviewed on [DATE] at 8:45 a.m. She said he had behaviors but not very often. She said when he became aggressive, she would ask the resident to leave the situation. She said she was not very familiar with his care plan, and said it was difficult to access the care plan with the medical records being unavailable.
The NHA was interviewed on [DATE] at 9:35 a.m. She stated the police did not provide a report and the follow up from the return from the hospital notes were in the inaccessible medical records. She said the facility was home for all the residents and no one should be harmed in any way. She said the facility was diligent in preventing all altercations. She said the facility was everyone's home and everyone should feel safe in their home.
The SSD was interviewed on [DATE] at 9:52 a.m. She said ES gave the facility notes for emergency visits and evaluations when called out to the facility. She said staff had been educated when Resident #46 became angry to intervene and redirect immediately. She said redirection always worked for him.
The DON was interviewed on [DATE] at 10:38 a.m. She said she had success with Resident #46 by talking to him and visiting with him. She said reasoning with him and reminding him that the facility was everyone's home helped calm him down. She said after the resident had an aggressive episode he was very remorseful. She said she was only familiar with his two incidents. She said she had visited with several of the staff to keep him in line of sight when he was not in his room. She said the staff knew where the paper care plans were in the resident's chart. She said all residents needed to feel safe in their own home. She said all investigations should be thorough and complete to ensure everyone was safe and to possibly prevent another incident.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0761
(Tag F0761)
Could have caused harm · This affected multiple residents
Based on observations, record reviews and interviews, the facility failed to ensure all drugs and biologicals were properly stored in one (AB hall cart) of two medication carts.
Specifically, the fac...
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Based on observations, record reviews and interviews, the facility failed to ensure all drugs and biologicals were properly stored in one (AB hall cart) of two medication carts.
Specifically, the facility failed to:
-Ensure there were no expired medications in the AB hall medication cart; and
-Ensure the AB hall medication cart was free from loose tablets at the bottom of the cart.
Findings include:
I. Facility policy and procedure
The Medication policy and procedure, undated, provided by the nursing home administrator (NHA) on 11/19/19 at 11:55 a.m., read in part medication storage shall be properly and safely maintained in accordance with the security requirements of federal, state, and local laws. Individual medications ordered for the patient by the physician shall be dispensed by the pharmacy, and identified with the patient's name, dosage, frequency and date on these containers.
II. Loose tablets
On 11/19/19 at 9:59 a.m. the AB hallway medication cart was reviewed with certified medication aide (CMA) #3, and the following was observed:
-Three loose white oval half tablets were found at the bottom of the second drawer of the cart; and
-Two loose light purple oval half tablets was found at the bottom of the second drawer of the cart.
CMA #3 was interviewed on 11/19/19 at 10:00 a.m. She said the white oval half tablets were thyroid medications and the light purple oval half tables were metoprolol. She said no loose tablets should be found inside the cart. She said all staff who passed medications on the AB cart were responsible for checking and cleaning the cart. She said loose tablets should be destroyed by placing inside a solution called RX destroyer.
III. Expired medication
On 11/19/19 at 9:59 a.m. the AB hallway medication cart was reviewed with CMA #3 and the following was observed:
-Nasal moisturizing spray was found in the top drawer of the cart with an expiration date of 2/2019.
CMA #3 was interviewed on 11/19/19 at 10:00 a.m. She said she was unaware of the expired nasal spray. She said the medication was found inside the room of a resident and placed inside the medication cart. She said expired medications should not be on the cart.
IV. Staff interviews
Registered nurse (RN) #1 was interviewed on 11/19/19 at 10:20 a.m. She said no loose medications should be inside the cart. She said expired medications should be removed from the cart and no expired medications should be inside the cart.
The director of nursing (DON) was interviewed on 11/20/19 at 2:04 p.m. She said the medication carts were inspected monthly and no loose medications should be inside the cart. She said no expired medications should be found inside the cart.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Infection Control
(Tag F0880)
Could have caused harm · This affected multiple residents
Based on observations and interviews, the facility failed to ensure a sanitary environment to help prevent the development and transmission of communicable diseases and infections.
Specifically, the ...
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Based on observations and interviews, the facility failed to ensure a sanitary environment to help prevent the development and transmission of communicable diseases and infections.
Specifically, the facility failed to:
-Ensure proper hand hygiene while cleaning residents' rooms; and
-Ensure proper hand hygiene during medication administration.
Findings include:
I. Facility policy and procedure
The Infection Control Hand Washing policy and procedure, undated, was provided by the environmental director (ED) on 11/20/19 at 10:08 a.m. It read in part, all personnel working in the facility are required to wash their hands before and after resident contact, before and after performing procedures, and when hands become soiled.
II. Housekeeping observations
On 11/20/19 at 8:09 a.m., environmental aide (EA) #3 was observed cleaning room E4 and the following observations were made:
-After cleaning the toilet of room E4, EA #3 did not remove gloves to perform hand hygiene.
-After cleaning the toilet of room E4, while still gloved, EA #3 went into the hallway and opened the housekeeping cart to place a solution in the locked compartment.
-While gloves were still donned after cleaning the toilet, EA #3 removed the mop from the bucket on the housekeeping cart, and mopped the floor of room E4.
On 11/20/19 at 8:40 a.m., EA #3 was observed cleaning room E6, and the following observations were made:
-After cleaning the toilet of room E6, while still gloved, EA #3 unlocked the housekeeping cart and placed the toilet brush and solution back onto the cart.
-While gloves were still donned after cleaning the toilet, EA #3 removed plastic trash bags from the housekeeping cart, went into the bathroom and changed out bags.
-While gloves were still donned after cleaning the toilet, EA #3 opened the housekeeping cart to retrieve the cleaning solution, sprayed the floor mat, then removed the mop from the bucket and mopped under the bed.
-While gloves were still donned after cleaning the toilet, EA #3 mopped the floor mat, flipped the mat over and mopped the backside of the mat.
EA #3 was interviewed on 11/20/19 at 9:00 a.m. She said hand sanitizer should be used when cleaning the hallways. She said she washed her hands when she entered and exited rooms. She said she would exchange her gloves if she cleaned a big mess in the bathrooms.
III. Medication administration observations
On 11/19/19 at 8:17 a.m., medication administration was observed while performed by certified medication aide (CMA) #3 and the following observations were made:
-No hand hygiene performed prior to the first pass of medication.
-No hand hygiene performed after the first pass of medication.
-CMA #3 picked up tablets that were dropped by a resident, returned to cart and continued to prepare medications; no hand hygiene was performed.
On 11/19/19 at 9:17 a.m., medication pass was observed while performed by CMA #3 and the following observations were made:
-No hand hygiene was performed prior to the medication preparation for a resident.
-CMA #3 approached the resident to administer his medications and one tablet fell onto the floor. After picking up the tablet, CMA #3 went back to the medication cart to replace the tab, and no hand hygiene was observed.
-No hand hygiene was performed after medication administration.
CMA #3 was interviewed on 11/19/19 at 9:41 a.m. She said usually she would have a bottle of hand sanitizer on the cart. She said usually she would wash her hands every time she entered a room.
IV. Staff interviews
The environmental director (ED) was interviewed on 11/20/19 at 9:25 a.m. She said hand hygiene should be done after cleaning toilets. She said hand sanitizer should also be utilized in between cleaning. She said education was provided to staff on hand hygiene this year.
Registered nurse (RN) #1 was interviewed on 11/19/19 at 9:53 a.m. She said hand hygiene should be performed during medication administration and between residents.
The director of nursing (DON) was interviewed on 11/20/19 at 2:04 p.m. She said hand hygiene should be completed prior to the start of medication pass and in between residents.
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 stored, prepared, and served under sanitary conditions in one of one kitchen and for one (#41) of 21 s...
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Based on observations, record review and staff interviews, the facility failed to ensure food was stored, prepared, and served under sanitary conditions in one of one kitchen and for one (#41) of 21 sample residents.
Specifically, the facility failed to ensure:
-Appropriate hand hygiene by food service staff;
-The freezer temperature was below zero degrees Fahrenheit; and
-Outdated ready-to-eat foods were removed from Resident #41's room in a timely manner.
Findings include:
I. Improper hand hygiene
A. Professional references
According to the Food and Drug Administration (FDA) Food Code (2017), pp. 48-50, foodservice staff shall use the following handwashing procedures:
-Rinse under clean, running warm water;
-Apply an amount of cleaning compound recommended by the cleaning compound manufacturer;
-Rub together vigorously for at least 10 to 15 seconds while paying particular attention to removing soil from underneath the fingernails and creating friction on the surfaces of the hands and arms fingertips, and areas between the fingers;
-Thoroughly rinse under clean, running warm water; and
-Immediately follow the cleaning procedure with thorough drying using individual disposable towels, a continuous towel system that supplies the user with a clean towel, or a heated-air hand drying device.
The FDA Food Code (2017) pp. 49-50, detailed the following instances when foodservice staff should wash their hands:
-Immediately before engaging in food preparation including working with exposed food, clean equipment and utensils, and unwrapped single-service articles;
-After touching bare human body parts other than clean hands and clean, exposed portions of arms;
-After handling soiled equipment or utensils;
-During food preparation, as often as necessary to remove soil and contamination and to prevent cross contamination when changing tasks; and
-After engaging in other activities that contaminate the hands.
B. Observations
1. Observation of meal preparation was conducted on 11/19/19 from 10:00 a.m. to 12:30 a.m. Observations in the primary production kitchen included:
Dietary aide (DA) #1 was observed preparing the pureed meals. DA #1 was wearing a pair of gloves. DA #1 walked over to the oven and retrieved a container of potatoes, and placed the potatoes into the blender. DA #1 walked over to the preparation table and grabbed a small metal pan. He pureed the meal and added hot water. He lifted the lid with his hand, wiped his hand on the side of his shirt, and replaced the lid. He pureed the potatoes, grabbed a plastic spatula from a drawer and proceeded to empty the potatoes into a metal container. He then went over to the preparation table and grabbed a thermometer. He placed the thermometer into the potatoes and documented the food temperature. He then grabbed an alcohol wipe and wiped the thermometer. He placed the dirty alcohol wipe into the trash can, touching the inside of the trash can with his gloved hand. He then wiped his gloved hand down the front of his shirt. He then placed the potatoes in the metal container. He then walked over and placed the pureed potatoes into the oven. He returned to the food preparation area, removed the container from the blender, wiped his hands on the front of his shirt and went in the dish room to have the blender cleaned. He returned to the food preparation area and wiped the area with a wet towel. He removed his gloves and threw them into the trash can, touching the side of the can. He wiped his hand on the front of his shirt and went to the dirty dish area to retrieve the blender. He returned to the food preparation area.
He proceeded to puree the vegetables in the blender. He pureed the vegetables, grabbed a plastic spatula and proceeded to empty the vegetables into a metal container. He again went over to the preparation table and grabbed a thermometer. He placed the thermometer into the vegetables and documented the food temperature. He then grabbed an alcohol wipe and wiped the thermometer. He grabbed a small metal pan of vegetables and grabbed the handle to the oven and placed the vegetables into the oven. He wiped his hand on the front of his shirt. He returned to the food preparation area, removed the container from the blender and went to the dirty dish area to have the blender cleaned. He returned to the food preparation area and cleaned the area with the wet towel. He wiped his hands on the front of his shirt and went into the dish room and retrieved the blender and returned to the food preparation area to puree the chicken.
He grabbed several pieces of chicken and placed them into the blender. He proceeded to puree the chicken in the blender. He pureed the chicken, grabbed a plastic spatula and proceeded to empty the chicken into a metal container. He again went over to the preparation table and grabbed a thermometer. He placed the thermometer into the chicken and documented the food temperature. He then grabbed an alcohol wipe and wiped the thermometer. He grabbed a small metal pan of chicken and grabbed the handle to the oven and placed the vegetables into the oven. He wiped his hand on the front of his shirt. He returned to the food preparation area, removed the container from the blender and went to the dirty dish area to have the blender cleaned. He returned to the food preparation area and cleaned the area with the wet towel. He wiped his hands on the front of his shirt and went into the dish room and retrieved the blender and returned to the food preparation area.
DA #1 assisted another dietary aide with carrying a 50 pound bag of flour. DA #1 placed the bag on the counter for the other dietary aide. He then proceeded to organize the meal tickets. He did not wash or sanitize his hands during this process.
C. Staff interview
The dietary manager (DM) was interviewed on 11/20/19 at 9:17 a.m. She said all kitchen staff needed to wash their hands between every task. She said all staff must wash their hands before handling or serving food. Staff should also wash their hands when they left the kitchen area. The DM was told of the observations of staff during meal observation. The DM said staff should be washing their hands every time they changed their gloves. The DM said it was his expectation all dietary staff would have been washing their hands between tasks to avoid cross contamination.
II. Proper freezer temperatures
A. Observations
An observation of the kitchen was conducted on 11/19/19 at 10:00 a.m. The temperature of the small freezer was measured at 10 degrees Fahrenheit (F), according to the appliance thermometer. Two thermometers were placed inside the cooler and, after acclimation, measured temperatures of 3.3 degrees F and 10 degrees F.
An observation of the kitchen was conducted on 11/20/19 at 9:17 a.m. The temperature of the freezer was measured at 10 degrees F, according to the appliance thermometer. Two calibrated thermometers were placed inside the cooler and, after acclimation, measured temperatures of 10 degrees F and the 3.3 degrees F respectively.
On 11/20/19 at 9:20 a.m., the DM was asked to observe the temperatures in the small freezer. Thermometers recorded temperatures of 10 degrees F. The DM said the temperature should be well below 0 degrees F. The DM said they had replaced the compressor about a month ago. The DM said she had not noticed nor was notified of the temperatures of the freezer. The DM said she would get with maintenance immediately to check the walk in cooler.
On 11/20/19 at 9:43 a.m., the DM said the repair service that replaced the compressor was coming in to check the compressor. The DM said she was checking the food in the freezer and what was soft would be thrown out.
III. Failure to remove ready to eat food from Resident #41's room in a timely manner
A. Observation
Resident #41's room was observed on 11/18/19 at 10:40 a.m. Resident #41 was in her room putting on her makeup. Her second from the top drawer was open and there was a sandwich dated 11/16/19, two fruit cups, and a brown banana inside. The resident closed the drawer when asked about the food.
B. Staff interviews
Certified nurse aide (CNA) #6 was interviewed on 11/18/18 at 1:24 p.m. He said her room was cleaned out weekly, and more often if needed. He said perishable foods needed to be discarded sooner. CNA #6 discarded the sandwich, the two fruit cups, and the brown banana.
The dietary manager (DM) was interviewed on 11/29/10 at 9:17 a.m. She said food that was taken off the snack cart needed to be discarded after four hours. She said many residents were free to go to the snack refrigerator and get snacks. She said she encouraged staff to open/unwrap the food for Resident #41 so staff could keep track and ensure the resident would eat the food. She said ready to eat food needed to be discarded to prevent the possibility of foodborne illnesses.
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0838
(Tag F0838)
Could have caused harm · This affected most or all residents
Based on record review and interview, the facility failed to conduct and document a facility-wide assessment to determine what resources were necessary to care for its residents competently during bot...
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Based on record review and interview, the facility failed to conduct and document a facility-wide assessment to determine what resources were necessary to care for its residents competently during both day-to-day operations and emergencies.
Specifically, the facility failed to have a comprehensive facility assessment.
Findings include:
I. Facility assessment
Review of the facility assessment (FA) revealed it was not a comprehensive assessment of the facility's resources necessary to provide daily care to the resident population. The FA was updated on 8/8/19 and reviewed by the quality assurance (QA) committee on 8/23/19.
The FA failed to identify the staff competencies necessary to provide the level and types of care needed for the resident population; the physical environment, equipment, services, and other physical plant considerations necessary to care for this population; any ethnic, cultural, or religious factors that may potentially affect the care provided by the facility including, but not limited to, activities and food and nutrition services; the facility's resources, including but not limited to, all buildings and/or other physical structures and vehicles; equipment (medical and non- medical); services provided, such as physical therapy, pharmacy, and specific rehabilitation therapies; all personnel, including managers, staff (both employees and those who provide services under contract) and volunteers, as well as their education and/or training and any competencies related to resident care; contracts, memorandums of understanding, or other agreements with third parties to provide services or equipment to the facility during both normal operations and emergencies; and health information technology resources, such as systems for electronically managing patient records and electronically sharing information with other organizations.
II. Interview
The nursing home administrator (NHA) was interviewed on 11/19/19 at 11:28 a.m. She said she thought the FA was complete. She said when the regulation was reviewed that the FA did not have complete information. She said the FA needed to be more specific. She said the FA should let everyone know what the facility had to offer.
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Medical Records
(Tag F0842)
Could have caused harm · This affected most or all residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and interview, the facility failed to maintain readily accessible medical records for each resident.
Spec...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and interview, the facility failed to maintain readily accessible medical records for each resident.
Specifically, the facility failed to have access to all electronic records during the recertification survey.
Findings include:
I. Notification
Upon arrival to the facility on [DATE] at 9:20 a.m, the nursing home administrator (NHA) informed the survey team the electronic medical records (EMRs) system used by the facility had been hacked and were being held for ransom across the country. She said all facilities that utilized the EMR system the facility utilized were experiencing the same problem.
On 11/18/19 at 9:46 a.m. the NHA informed the survey team the virtual control program interface (VCPI) had been breached and it prevented the facility from accessing all EMRs and emails. She assured the team the facility would continue to work and provide quality of care to the residents. She explained the system went down sometime in the early morning on 11/14/19. She said the medication administration records (MARs) backed up to a server in the facility every 12 hours. She said the facility was able to print up paper MARs for medication administration. She said the certified medication aides (CMAs) and nurses were working with paper MARs. She said the nurses would be documenting on paper until the EMR system was accessible.
II. Updates/interviews
On 11/19/19 at 8:00 a.m. the facility EMR system was still inaccessible. The NHA said the back-up system could only be accessed through the main server of the EMRs. She explained the main server was the system being held for ransom.
On 11/20/19 at 8:00 a.m. the facility informed the survey team they still did not have access to the EMR system. The NHA said she was unable to access her email. At 4:00 p.m. she said the facility was not able to access EMRs, and the information technology (IT) department was working diligently on fixing the blocked access. She said the staff were still providing quality care, and the expectation of the nurses was to continue to document on paper. She said having access to the EMR would provide easier communication, but the facility would continue to provide great care to its residents. She said it was an unforeseeable event.
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0943
(Tag F0943)
Could have caused harm · This affected most or all residents
Based on record review and interviews, the facility failed to provide training to all staff, at a minimum, on dementia management and abuse prevention.
Specifically, the facility failed to:
-Ensure on...
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Based on record review and interviews, the facility failed to provide training to all staff, at a minimum, on dementia management and abuse prevention.
Specifically, the facility failed to:
-Ensure one of two registered nurses (RNs) reviewed received dementia management training and abuse prevention training;
-Ensure two of three certified medication aide (CMAs) reviewed received dementia training and one of three received abuse training; and
-Ensure four of six certified nurse aides (CNAs) reviewed received dementia management training, and one of six received abuse prevention training.
Findings include:
I. Training review
The November 2019 staffing schedule was provided on 11/18/19 by the nursing home administrator (NHA). A sample of two RNs, three CMAs and six CNAs included on the schedule were reviewed for compliance with training requirements. Training records revealed:
-RN #2 did not have current dementia management training and RN #1 did not have current abuse prevention training.
-CMAs #1 and #3 did not have current dementia management training and CMA #2 did not have current abuse prevention training.
-CNAs #6, #1, #2, #8, and #5 did not have current dementia management training, and CNA #8 did not have current abuse prevention training.
II. Interviews
CNAs #6 and #4 were interviewed on 11/18/19 at 3:47 p.m. They stated abuse and dementia training were part of new hire orientation. They both said they had completed the training.
CMA #1 was interviewed on 11/20/19 at 8:34 a.m. He said he was not sure when he had received training on dementia management or abuse prevention.
RN #1 was interviewed on 11/20/19 at 8:45 a.m. She said she received dementia management training recently, but was not certain when she last had abuse prevention training.
The director of nursing (DON) was interviewed on 11/19/19 at 11:20 a.m. The DON said she was not aware the staff had missing training. She said she would ensure the staff missing the training would get the missing training on dementia management or abuse prevention as soon as possible. She said for the staff to provide the best and safest care, the staff needed the training.
III. Facility follow-up
The DON delivered a signed abuse prevention training for RN #1 dated 11/19/19, during the survey.