CRITICAL
(J)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Immediate Jeopardy (IJ) - the most serious Medicare violation
Deficiency F0678
(Tag F0678)
Someone could have died · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and interviews, the facility failed to provide cardiopulmonary resuscitation (CPR) prior to the arrival o...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and interviews, the facility failed to provide cardiopulmonary resuscitation (CPR) prior to the arrival of fire department paramedics, contrary to the medical order set signed by one (#1) out of three residents reviewed for CPR. This failure created a situation for serious harm if not immediately corrected.
Record review revealed on [DATE], Resident #1 had expressed and signed, along with his practitioner, a medical order set on a MOST form (medical orders for scope and treatment) to ensure his orders for life-sustaining treatment would be honored by health care professionals. The form read the resident wanted to receive CPR and full treatment - the primary goal to prolong life by all medically effective means. The resident's MOST form was reviewed and the medical orders confirmed the morning of [DATE] at a care conference. Later the same day, at 4:45 p.m., certified nurse aide (CNA) #3 found Resident #1 unresponsive in his room.
Registered nurse (RN) #1 was alerted to the resident's change of condition. She said she found the resident with a thready (weak) pulse and his respirations labored. The RN said she notified the former director of nursing (FDON), called 911, and asked the resident's physician (who was in the facility) to assess the resident. The physician said she found the resident unresponsive and breathing normally, but it was difficult to assess the resident's heart; she believed she heard an apical pulse but with his other pulses, it was difficult to tell if he had a pulse.
In interviews, both the FDON and certified nurse aide (CNA) #3 said the resident stopped breathing while the FDON, CNA #3, and the physician were in the room and, per the CNA, the physician then called the resident's time of death. Further, RN #1 and the FDON stated that while in the resident's room, the physician directed staff not to begin CPR because the resident was deceased and it would not do any good. The physician disputed she said this, stating the resident stopped breathing and was without pulse just as the paramedics arrived.
However, the fire department prehospital care report read, in part: Facility staff stated 'he died a few minutes ago,' and that patient 'was not a good candidate for CPR.' The facility staff stated that the patient had a full code status . Facility staff stated that the patient had been down approximately eight minutes without CPR .
The report documented the resident was assessed as unconscious and unresponsive; pupils were fixed and dilated, skin was warm, pale and dry. There was no rise and fall of the chest and the patient was not breathing. Paramedics initiated CPR until further efforts were deemed futile and termination of resuscitation was granted by a local hospital.
Findings include:
IMMEDIATE JEOPARDY
I. Findings of immediate jeopardy
Based on record review and interviews, the facility failed to provide cardiopulmonary resuscitation (CPR) prior to the arrival of fire department paramedics, contrary to the medical order set signed by one (#1) out of three residents reviewed for CPR. This failure created a situation for serious harm if not immediately corrected.
Record review revealed on [DATE], Resident #1 had expressed and signed, along with his practitioner, a medical order set on a MOST (medical orders for scope and treatment) form to ensure his orders for life-sustaining treatment would be honored by health care professionals. The form read the resident wanted to receive CPR and full treatment - primary goal to prolong life by all medically effective means. The resident's MOST form was reviewed and the medical orders confirmed the morning of [DATE] at a care conference. Later the same day, at 4:45 p.m., certified nurse aide (CNA) #3 found Resident #1 unresponsive in his room.
Registered nurse (RN) #1 was alerted to the resident's change of condition. She said she found the resident with a thready (weak) pulse and his respirations labored. The RN said she notified the former director of nursing (FDON), called 911, and asked the resident's physician (who was in the facility) to assess the resident. The physician said she found the resident unresponsive and breathing, but it was difficult to assess the resident's heart; she believed she heard an apical pulse but with his other pulses, it was difficult to tell if he had a pulse.
In interviews, both the FDON and certified nurse aide (CNA) #3 said the resident stopped breathing while the FDON, CNA #3, and the physician were in the room and, per the CNA, the physician then called the resident's time of death. Further, RN #1 and the FDON stated that while in the resident's room, the physician directed staff not to begin CPR because the resident was deceased and it would not do any good. The physician disputed she said this, stating the resident stopped breathing and was without pulse just as the paramedics arrived.
However, the fire department prehospital care report read, in part: Facility staff stated 'he died a few minutes ago,' and that patient 'was not a good candidate for CPR.' The facility staff stated that the patient had a full code status .' Facility staff stated that the patient had been down approximately eight minutes without CPR .
The report documented the resident was assessed as unconscious and unresponsive; pupils were fixed and dilated, skin was warm, pale and dry. There was no rise and fall of the chest and the patient was not breathing. Paramedics initiated CPR until further efforts were deemed futile and termination of resuscitation was granted by a local hospital.
On [DATE] at 6:46 p.m. the nursing home administrator (NHA) was notified that the facility's failure to immediately initiate CPR for Resident #1 created a situation for serious harm if the situation was not immediately corrected.
II. Facility plan to remove immediate jeopardy
On [DATE] at 5:40 p.m. the NHA provided the following plan to remove the immediate jeopardy situation.
Plan to remove immediate Jeopardy.
This plan is submitted, as the facility's credible allegation of compliance and this facility will be in substantial compliance with all Federal certification requirements.
Summary of incident: Resident #1 passed away while in the facility care. CPR was not performed when he was found not breathing and to not have a pulse despite having an advanced directive to perform resuscitation.
Facility response:
1. Upon notification of alleged deficient practice on [DATE], all current residents [cor] status [was] audited by the NHA, and DON and reviewed once more on [DATE]. (The [DATE] audit revealed a resident the facility did not have on the full CPR advance directive list. This was rectified on [DATE]) All licensed staff on-shift were reeducated by DON and MDS (minimum data set) coordinator [MDSC] identifying current residents [cor] status and CPR provisions outlined in Federal tag 678.
On [DATE] NHA notified medical director of the alleged deficient practice of the attending physician for Resident #1 and is in contact with the provider regarding the incident.
The facility CPR policy was revised on [DATE] by (the) community executive leadership team. (see revised policy below)
(Facility name) policies and procedures are based on current standards of practice. In addition to current standards of practice, the facility is educating staff on proper CPR and Code Status, as outlined in F-678.
Educators for the facility are the DON and MDSC who hold active Basic Life Support certificates, through the American Heart Association. Educators provide written and in-person training to employees pertaining to the CPR provisions, crash carts, and as needed clinical education. Employees will attest to compliance of trainings and understanding the content of in-service forms and individualized educations.
Training on the MOST form will be completed by the NHA using Colorado Advance Directive Consortium (CADAC) information. All licensed staff and contracted licensed agency staff will be trained with [DATE] written and in-person training.
A mock CPR training, which will include notification to staff on the mock incident, the code status, retrieval of crash cart, and successful CPR, is scheduled for [DATE] at 2:00 p.m. for all licensed staff by the facility educators.
All licensed and certified staff are currently being reeducated on CPR provisions outlined in Federal tag 678 - CPR, including following code status, and steps in responding to individuals in distress. Education was provided on February 22, 2023 at 6:50 p.m. and will be completed by [DATE].
Education was provided by DON, MDS Coordinator, and NHA.
Education was provided at 6:50 p.m. on [DATE].
Licensed nursing staff education will be completed by [DATE].
CPR training will continue to be a condition of employment for licensed staff and will be renewed accordingly by the renew date. CPR certifications are required by contract agencies and are monitored by NHA when reviewing contracts and assigned staff.
Medical Director provided education to the attending physician for Resident #1 on [DATE] regarding the facility policy on Advance Directives and adhering to Advance Directives. Medical Director will provide annual Advance Directive education to all facility providers beginning [DATE].
2. Updated CPR policy (presented by the NHA on [DATE] at 4:00 p.m. following revisions to the policy presented 2:58 p.m. that had instructed staff to retrieve the automatic external defibrillator (AED) as interview (interim DON on [DATE] at 5:00 p.m.) revealed the facility did not have an AED and that had instructed untrained staff rescuers to provide chest compressions to victims of cardiac arrest) read in pertinent part:
Sudden cardiac arrest (SCA) is a loss of heart function due to abnormal heart rhythms (arrhythmias). Cardiac arrest occurs soon after symptoms appear. It is a leading cause of death among adults.
A 'heart attack' refers to impaired blood flow to the heart which leads to damage of the heart muscle. A heart attack can cause sudden cardiac arrest. Typically heart attacks are less sudden than SCA.
Victims of cardiac arrest may initially have gasping respirations or may appear to be having a seizure. Training in BLS (Basic Life Support) includes recognizing presentations of SCA.
The chances of surviving SCA may be increased if CPR is initiated immediately upon collapse.
If an individual (resident, visitor, or staff member) is found unresponsive and not breathing normally, a licensed staff member who is certified in CPR/BLS shall initiate CPR unless;
It is known that a Do Not Resuscitate (DNR) order that specifically prohibits CPR; or
There are obvious signs of irreversible death (e.g., rigor-mortis).
If the resident's DNR status is unclear, CPR will be initiated until it is determined that there is a DNR or a physician's order not to administer CPR.
Licensed Nurses are responsible for coordinating the rescue effort and directing other team members during the rescue effort. All of whom have received training and certification in CPR/BLS.
Maintain equipment and supplies necessary for CPR/BLS in the facility at all times.
If an individual is found unresponsive, briefly assess for abnormal or absence of breathing. If cardiac arrest is likely begin CPR:
Instruct a staff member to activate the emergency response system (code) and call 911.
Verify or instruct a staff member to verify the DNR or code status of the individual.
Initiate the basic life support (BLS) sequence of events.
The BLS sequence of events is referred to as C-A-B (chest compressions, airway, breathing).
Chest compressions:
Follow initial assessment, begin CPR with chest compressions.
All trained rescuers should provide chest compressions to victims of cardiac arrest. Trained rescuers should also provide ventilations with a compression-ventilation ratio of 30:2.
Continue with CPR/BLS until emergency medical personnel arrive.
III. Removal of immediate jeopardy
Based on the facility's plan as set forth above, the immediate jeopardy situation was removed at 5:40 p.m. on [DATE]. However, deficient practice remained at a G level, isolated, actual harm.
FACILITY FAILURES
I. MOST form
The Colorado Advance Directives Consortium [DATE], retrieved from https://www.coloradoadvancedirectives.com on [DATE] at 12:26 p.m. revealed in pertinent part:
. [W][NAME] presented with a MOST, healthcare providers MUST: follow the orders as written, or obtain consent from (a) patient or authorized decision maker to change the orders, or promptly and safely transfer the patient to a provider who will follow the orders.
If an individual has executed a CPR directive on his or her own behalf, in any manner or on any form including a MOST, a Healthcare Agent, Guardian, or Proxy-by-statute may not revoke it under any circumstances.
II. Resident #1
A. Resident status
Resident #1, over age [AGE], was admitted on [DATE]. According to the [DATE] computerized physician orders (CPO), diagnoses included stroke, right side weakness, speech disorder, heart disease, high blood pressure, neuropathy, osteoporosis, dysphagia (swallowing difficulties), elevated serum lipids, and internal cardiac defibrillator placement.
The resident expired at the facility on [DATE]. His death certificate, dated [DATE], revealed the primary cause of death as cardiac arrest, unspecified atrial fibrillation and essential primary hypertension.
The [DATE] minimum data set (MDS) assessment revealed the resident was moderately impaired with a brief interview for mental status (BIMS) score of 8 out of 15. He required two-person assistance with bed mobility, transfer, dressing, toileting and personal hygiene. He needed set up assistance only with meals and mobility in the room and corridor did not occur.
B. Medical orders for life-sustaining treatment
A review of the Resident #1's record revealed a MOST form was signed upon admission to the facility, which indicated the resident wanted cardiopulmonary resuscitation (CPR) (Box A) and Medical Interventions to include Full Treatment (Box B). The resident signed the MOST form on [DATE] and the nurse practitioner (NP) signed the MOST form on [DATE].
The MOST form read in pertinent part, Emergency medical personnel, a healthcare provider, or healthcare facility shall comply with an adult's properly executed MOST form that has been executed in this state or another state and was apparent and immediately available. If a healthcare provider considers these orders medically inappropriate, she or he should discuss concerns with the patient or surrogate legal decision maker and revise orders only after obtaining patient or surrogate consent.
A review of the resident's [DATE] and [DATE] computerized physician orders revealed no evidence of a Do Not Resuscitate (DNR) order and no evidence of the medical orders found in the resident's MOST form; the advanced directive section was left blank.
A review of the [DATE] care conference notes revealed Resident #1's MOST form was reviewed during the care conference with the resident in attendance.
C. Documentation and interview of events on [DATE]
1. Documentation
A review of the [DATE] care conference notes, held at 11:21 a.m., revealed the resident's MOST form was again reviewed during the care conference. The care conference sign in sheet for the [DATE] care conference listed Resident #1's two daughters as present for the care conference via phone.
A review of the [DATE] clinical note entered at 7:03 p.m. revealed an unidentified certified nurse aide (CNA) notified registered nurse (RN) #1 that Resident #1 was unresponsive when they attempted to serve the meal tray at dinner. RN #1 came in to assess the patient and noted it was difficult to locate a pulse, his breathing was normal, and he appeared pale in color. RN #1 notified the resident's physician who was in the facility. An unidentified staff member called 911. Paramedics attempted resuscitation for approximately 30 minutes without a response. A physician from a local hospital pronounced Resident #1's death at 6:02 p.m. The resident's physician called and notified the family of the resident's passing.
Review of the [DATE] resident physician note read in pertinent part, Resident #1 was seen emergently for unresponsiveness.
-Staff reported that he was in his usual state of health throughout the day and had worked with therapy earlier in the afternoon. When the certified nurse aide (CNA) went in to give him his dinner tray, he was unresponsive. The CNA called the nurse who then came to get me to assess him.
-Upon arrival in his room, he was still breathing. He was not diaphoretic (sweating heavily) or pale. He did not respond to voice or sternal rub. Nursing called 911 at this point as he was full COR (wanting CPR). Attempts to get a radial, carotid, femoral, or apical pulse were unsuccessful; he was on oxygen but they could not get a pulse ox reading. As the (emergency medical technicians) EMTs arrived, he stopped breathing.
-A short course of resuscitation was done which was unsuccessful. He was pronounced dead by a physician from a local hospital at 6:02 p.m. The physician called his daughter to inform her of his death.
-The note also revealed the resident's death was not unexpected due to his recent stroke, (recent) COVID-19 infection, and decline in functional status over the past week.
Review of the [DATE] medical director (MD) note revealed the MD reviewed Resident #1's change of condition. No additional notes were included.
D. Interview
1. The NHA was interviewed with the interim director of nursing (IDON) on [DATE] at 5:00 p.m. and [DATE] at 10:36 a.m. and 12:10 p.m. about the events and follow up to the events on [DATE].
The NHA said she was not in the building at the time Resident #1 had a change in condition, but she was aware when Resident #1 passed away and had reviewed the documentation the following day with the DON and central office. She said the medical director (MD) reviewed the situation as well and she (the NHA) called the family. She said RN #1 was the RN who responded to the resident during meal time; a CNA was passing trays and RN #1 went into Resident #1's room because of a change of condition. She said the resident was assessed and was breathing normal([NAME]) and RN #1 asked the CNA to stay in the room. RN #1 notified the former director of nursing (FDON) and the physician that Resident #1 had a change of condition; the physician went to the Resident #1's room and the FDON went to the nurses' station and directed the paramedics to Resident #1's room. RN #1 called 911.
The NHA said the physician then took over the direction of Resident #1's care and was in the room with the resident. She said 911 was made aware of his full code status and they did a short course of resuscitation which is standard. This resident had a pacemaker and was pronounced dead at 6:02 p.m. and the physician called the family. The NHA said she spoke with the resident's physician, the FDON and the MD.
The NHA stated that the resident physician's reason for not doing CPR was that the only person not to do CPR was the nurse because the paramedics arrived at that time and started CPR. The NHA said she was not certain, but thought the FDON thought CPR should have been started. The NHA stated the MD talked through the events and reviewed documentation and the staff appeared to follow facility protocol. (However, see below: Review of facility policy and expectations)
2. The resident's physician was interviewed by phone on [DATE] at 10:46 a.m.
She said she was in the facility the day Resident #1 passed away and RN #1 came to get her because Resident #1 had a sudden change of condition. She said Resident #1 was unresponsive to touch and name, and that CNA #3 said the resident would not wake up when she gave him his dinner tray. The physician said the resident was breathing normally, and was not pale or sweaty. She said the resident did not respond to voice or a sternum rub, and he was moving air while she was listening to his lungs. It made it difficult to assess his heart. She believed that she could hear an apical pulse but with the others (pulses), it was difficult to tell if he had a pulse. He was on his oxygen and the physician could not get an accurate pulse oximeter reading. She said as the paramedics were coming into the building, Resident #1's breathing matter changed. The paramedics stepped in and started the resuscitation and she stepped out to call his family about the change of condition.
The physician said she asked the staff to call 911 because the resident was full cor and still breathing. She said she did not direct staff to not do CPR. She thought if they started CPR, they would affect his breathing; it was a judgment call at that time and they would continue to monitor him until the paramedics came. She told the paramedics the resident was on a decline and he was a full cor, was admitted after a stroke, that initially the resident had done
very well and then had declined. She then told the paramedics what she observed when she got into the resident's room.
She said she did not know if resuscitating him was going to be successful but CPR was his wish. She said the facility should perform CPR based on the MOST form. She said the resident was breathing while she was in the room and when it became inefficient. She said he stopped breathing and he was without a pulse just as the paramedics arrived. She said she was in the room the entire time and did not step out until the paramedics arrived.
The physician said she did not know if her CPR card was current, but she knew how to perform CPR.
III. Failure to follow Resident #1's medical orders for CPR.
Staff interviews and the fire department prehospital report conflicted with the resident's physician's note, and interviews indicated the facility had failed to follow Resident #1's medical orders to provide cardiopulmonary resuscitation (CPR) prior to the arrival of fire department paramedics.
A. Staff interviews
1. RN #1 was interviewed by phone on [DATE] at 1:35 p.m. about the events on [DATE].
She said CNA #3 came to her and said Resident #1 was not responding, so RN #1 went back Resident #1's room, and observed he was pale, clammy and not responding to his name. RN #1 said she had assessed Resident #1's pulse, felt a thready (weak) pulse, yelled out Resident #1's name, did a sternal rub and Resident #1 gave some kind of response but not an alert response. RN #1 said Resident #1 had some respirations that were labored. She did not count his respirations and pulse but knew they had to respond quickly. She said she did take his vitals in the morning, and he was speaking and normal at that time, with nothing unremarkable observed and nothing that indicated any kind of condition change.
RN #1 said she went back to the nurses' station because Resident #1 was a full code and she told CNA #3 to stay with Resident #1. RN #1 said she also told the resident's physician that Resident #1 wasn't responding. RN #1 said she did not remember what time she called 911, but she called 911 right away and told the 911 operator the staff were going to begin CPR and she went right back down to the room.
RN #1 said her first instinct was to do CPR right away but the resident's physician pulled her to the side and said to RN #1 there was no need to do CPR as Resident #1 was deceased . RN #1 said she did not know what to say in response to the physician at that time; you do not excuse a doctor's order and what the doctor was saying. RN #1 said she was not going to fight a doctor but she would have done CPR, and followed the resident's instructions (medical orders) but she did not perform CPR. RN #1 said CNA #3 did not do CPR because she was waiting for RN #1's instruction to begin it. RN #1 said the resident's physician intercepted the paramedics on the way to Resident #1's room but she did not hear the conversation. RN#1 said the patient's wish was to have CPR due to the [MOST] form the resident signs.
2. CNA #3 was interviewed by phone on [DATE] at 2:25 p.m. about the events on [DATE].
She said earlier in the day, Resident #1 was fine, and she went to take him his dinner tray and he appeared to be sleeping. She said she tried to wake him up but she could not, and she hollered at the other CNA to go get RN #1. RN #1 assessed Resident #1 while CNA #3 was in the room. CNA #3 said Resident #1 had labored breath sounds. CNA #3 said RN #1 was unable to find a pulse so RN #1 went to get the resident's physician. She said the physician and the former director of nursing (FDON) came in to Resident #1's room. CNA #3 said at that time she was in the room but was over by the door and during that time the resident stopped breathing.
CNA #3 said the resident's physician then called time of death for Resident #1. CNA #3 said no one did CPR and RN #1 found out Resident #1 was a full code and relayed the message to the resident's physician while they were in Resident #1's room.
CNA #3 said the paramedics showed up after about 5 minutes or less. CNA #3 said the resident's physician spoke to the paramedics, and the paramedics asked if CPR had been done and the physician said no. CNA #3 said she was not in the room with the paramedics while they performed CPR. CNA #3 said she was not told to do CPR by the resident's physician and did not perform CPR. CNA #3 said the former director of nursing (FDON) was present in Resident #1's room at this time.
3. The FDON was interviewed by phone on [DATE] at 4:27 p.m. about the events on [DATE].
The FDON stated she was in her office when RN #1 came into her office and said there was a crisis in Resident #1's room, and RN #1 said she couldn't get Resident #1's pulse. The FDON said she went to Resident #1's room and the resident's physician was there and the physician said she did not want anyone doing CPR because it would not help. The FDON said when she got to Resident #1's room he was cold to the touch and not breathing. She said she observed the resident's physician attempting and unable to feel a pulse and the FDON said the physician checked the apical, femoral, and there was no pulse. She said Resident #1 was barely breathing and then he stopped breathing altogether.
The FDON said the resident's physician declared a time of death, but the facility did not document when the physician called the time of death. The FDON said she would have absolutely performed CPR. The FDON said she heard the resident's physician tell CNA #3 to not perform CPR. The FDON said CPR should have been started when there was no pulse. The FDON said the physician told her told it would not do any good to do CPR. The FDON said from this time until the paramedics arrived, the physician sat in the resident's room, saying she did not want CPR done and that CPR would not do any good, and CPR was not performed.
The FDON said RN #1 was at the nurses' station when paramedics arrived. The FDON stated the paramedics did CPR because Resident #1 was a full code and she said the facility staff should have also performed CPR.
The FDON said she spoke with the nursing home administrator (NHA) and told the NHA that the facility staff should have performed CPR and the incident should be investigated. The FDON said the NHA said she would investigate. The FDON said she also spoke to the medical director (MD), and he agreed that CPR should have been started immediately and said he would talk to the resident's physician.
4. The social services director (SSD) was interviewed by phone on [DATE] at 12:18 p.m. She said she was the person that handles the care conferences and got involved with the MOST process when it was time for a care conference. She said a full code was when resuscitation was attempted and every means necessary was provided to the resident. She said a MOST form should never not be followed; you always followed that MOST form. She said the facility reviewed Resident #1's MOST form and she thought he was a full code and if so, CPR should have been given to him.
B. Prehospital report
The fire department prehospital care report was provided on [DATE] at 8:08 a.m. by the local fire department who responded to the 911 call. The report revealed the call type as cardiac arrest and possible dead on arrival (DOA) and listed the following timeline:
-Call received at 5:23:54 p.m.
-Dispatched and enroute at 5:25:11 p.m.
-On scene at 5:30:03 p.m.
-At resident at 5:33:03 p.m.
The report revealed, Upon arrival, the paramedics were met by facility staff outside of the patient's room. Facility staff stated 'he died a few minutes ago,' and that patient 'was not a good candidate for CPR.' . The facility staff stated that the patient had a full code status .' Facility staff stated that the patient had been down approximately eight minutes without CPR, had been on isolation precautions and provided paperwork regarding the patient's medical history and additional information.
The report revealed the resident was assessed as unconscious and unresponsive; pupils were fixed and dilated, skin was warm, pale and dry. There was no rise and fall of the chest and the patient was not breathing. All resuscitative efforts were exhausted and further efforts were deemed futile and a local hospital was contacted for termination of resuscitation. Termination was granted and the time of death was listed as 6:02 p.m.
IV. Facility failure to follow its policy and expectations regarding CPR
A. Facility policy and admission packet for Residents
The Emergency Procedure-Cardiopulmonary Resuscitation (CPR) policy, revised February 2018, was provided by the nursing home administrator (NHA) on [DATE] at 3:15 p.m. It read in pertinent part:
If an individual (resident, visitor or staff member) was found unresponsive and not breathing normally, a licensed staff member certified in CPR/BLS (basic life support) would initiate CPR unless:
-It was known that a do not resuscitate (DNR) order that specifically prohibited CPR and/or external defibrillation existed for that individual.
-There were obvious signs of irreversible death (such as rigor mortis).
If the first responder was not CPR-certified, that person would call 911 and follow the 911 operator's instructions until a CPR-certified staff member arrived.
If an individual was found unresponsive, they were briefly assessed for abnormal or absence of breathing. If sudden cardiac arrest was likely, CPR should be started. All rescuers, trained or not, should provide chest compressions to victims of cardiac arrest and continue with CPR/BLS until emergency medical personnel arrived.
The facility admission packet for residents which contained a resident handbook was provided by the NHA on [DATE] at 1:00 p.m. It revealed in pertinent part under Advance Directives:
It is the policy of (facility name) to ensure each resident has the right to . formulate an advance directive.
-The facility will follow the (facility name) guidelines and policy for CPR administration in accordance with accepted guidelines of the American Heart Association, the American Red Cross, or other nationally recognized subject matter experts concerning CPR.
-Assist the resident with securing standardized forms such as MOST .and assist with review of materials.
-Educate staff regarding advance directives, resident's rights, and the importance of being aware of the resident's wishes.
-Copies of the signed advance directives will become part of the medical record and be accessible to[TRUNCATED]
SERIOUS
(G)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Actual Harm - a resident was hurt due to facility failures
Accident Prevention
(Tag F0689)
A resident was harmed · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview and record review the facility failed to ensure the residents' environment remained as free from...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview and record review the facility failed to ensure the residents' environment remained as free from accidents hazards as possible for two (#3 and #4) of four residents reviewed for falls out of five sample residents.
Specifically, the facility failed to:
-Provide effective monitoring and supervision for safety of Resident #3 and Resident #4.
-Provide/install anti-roll backs on Resident #3's wheelchair to prevent rolling.
The facility failed to ensure Resident #4 had sufficient supervision with her risk of falling and leaning in her wheelchair. As a result, the resident fell face down onto the floor which resulted in Resident #4 having to be transferred to the emergency room, where she received treatment for a lacerated lip, in which they closed the wound with liquid adhesive and steri-strips to her right hand.
Findings include:
I. Facility policy and procedure
The Fall and Fall Risk, Managing policy, dated 2001, was received from the nursing home administrator (NHA) on 2/27/23 at 12:00 p.m It read in pertinent part: Based on previous evaluations and current data, the staff will identify interventions related to the resident's specific risks and causes to try to prevent the resident from falling and try to minimize complications from falling.
A fall is defined as unintentionally coming to rest on the ground, floor, or other lower level, but not as a result of an overwhelming external force (a resident pushes another resident). An episode where a resident lost his/her balance and would have fallen, if not for another person or if he or she had not caught him.herself, is considered a fall. A fall without injury is still a fall. Unless there is evidence suggesting otherwise, when a resident is found on the floor, a fall is considered to have occurred.
Medical factors that contribute to the risk of falls include: arthritis, neurological disorders and balance and gait disorders.
Resident-centered approaches to managing falls and fall risk: Will implement a resident-centered fall prevention plan to reduce the specific risk factor(s) of falls for each resident at risk or with a history of falls, identify several possible interventions, and if falling recurs despite initial interventions, staff will implement additional or different interventions.
Monitoring subsequent falls and fall risk: will monitor and document each resident's response to interventions intended to reduce falling or the risks of falling, if the resident continues to fall, will re-evaluate the situation and whether it is appropriate to continue or change current interventions.
The Assessing Falls and their Causes policy, dated 2001, was received from the NHA on 2/27/23 at 12:00 p.m It read in pertinent part: The purpose of this procedure are to provide guidelines for assessing a resident after a fall and to assist staff in identifying causes of the fall.
If a resident has just fallen, or is found on the floor without a witness to the event, evaluate for possible injuries to the head, neck, spine and extremities.
Obtain and record vital signs as soon as it is safe to do so. If there is evidence of injury, provide appropriate first aid and/or obtain medical treatment immediately.
Observe for delayed complications of a fall for approximately forty-eight (48) hours after an observed or suspected fall, and will document findings in the medical record.
Document any observed signs or symptoms of pain, swelling, bruising, deformity, and/or decreased mobility, and any changes in level of responsiveness/consciousness and overall function.
II. Resident #4
A. Resident status
Resident #4, age [AGE], was admitted to the facility on [DATE]. According to the February 2023 CPO diagnoses included Alzheimer's disease, Parkinsonism, depression, generalized anxiety disorder, and hypertensive.
The 1/23/23 minimum data set (MDS) assessment revealed the resident was severely cognitively impaired with a brief interview for mental status (BIMS) score of zero out of 15. The resident was dependent for care and required extensive assistance of two or more people for bed mobility, transfers between surfaces, dressing, toileting; and one person assistance with locomotion on and off the unit, eating and personal hygiene. The resident was unable to walk in their room or in the corridor.
B. Resident representative interview
The resident's representative was interviewed on 2/27/23 at approximately 1:30 p.m. She said she had been notified at 7:53 p.m., that her mom had fallen and was on her way to the hospital. She said her father had let the facility staff know Resident #4 was ready for bed as she was sleepy. She said the facility staff said another resident had distracted the staff and they did not get to the resident timely, and she fell. She said the fall happened at 7:00 p.m. The facility knew the resident could not be left alone, as she would lean forward. She said a new wheelchair was received to help with her positioning.
C. Record review
The comprehensive care plan for falls initiated on 3/29/22 documented that Resident #4 was at risk for falls.
Interventions included instructing the resident to use handrails and assist devices to maintain balance, reporting episodes of dizziness, moving the resident around the unit in a wheelchair, footwear to fit properly and have non-skid soles, place the call light within reach, and to respond promptly to calls for assistance.
The progress notes documented the resident had experienced two falls within the last six months. The notes were as follows:
The 9/27/22 note at 5:08 p.m. documented an unwitnessed fall. The nurse was notified by the certified nurse aide (CNA) that the resident was found half way out of bed with her upper body facing down on the right side of the bed and her lower body was still in the bed. The resident suffered an abrasion to the left side of the neck and a bruise under the left eye.
The 1/28/23 note documented an unwitnessed fall. The resident was found by a CNA on the floor next to the wheelchair face down and blood pooling on the floor from the resident's nose and mouth. The nurse performed vital signs and a neurological check, and the resident was transferred to the hospital.
The resident returned from the hospital. The resident's lip was glued, an x-ray was completed with no fractures and steri-strips applied to her right hand.
D. Interview
The interim director of nursing (IDON) was interviewed on 2/27/23 at 2:31 p.m. The IDON reviewed the resident's record. She said the resident did exhibit a fall which resulted in her going to the hospital for an injury. She said the resident leaned forward and fell. She said interventions for the resident included to not leave her alone unattended. A new wheelchair was obtained from the hospice provider which also assisted with her positioning. The IDON confirmed the resident had not been assessed for falls since admission to the facility.
The IDON was interviewed a second time on 2/27/23 at approximately 5:00 p.m. The IDON said the residents were supposed to be assessed for falls quarterly. She said the regional office had informed her that the residents were to be assessed quarterly.
III. Resident #3
A. Resident status
Resident #3, age [AGE], was admitted to the facility on [DATE]. According to the February 2023 computerized physician orders (CPO) the diagnoses include Parkinson's disease, seizure disorder, dementia, and anxiety disorder.
The 12/11/22 MDS assessment revealed the resident was severely cognitively impaired with a brief interview for mental status (BIMS) score of one out of 15. The resident requires extensive assistance of two or more people with bed mobility, transfers between surfaces, dressing, and toileting. The resident requires extensive assistance of one person with locomotion on and off the unit with a wheelchair and personal hygiene.
B. Observation
On 2/23/23 at 1:42 p.m., the resident was sitting in his wheelchair. He did not have anti-tip bars on his wheelchair. The resident was leaning forward from waist down in his chair, reaching out.
On 2/23/23 at 4:20 p.m. the resident continued to sit in his wheelchair. The resident had a blanket around his legs, he was trying to get it off as it was tangled around his legs.
At 8:45 a.m., the resident self propelled himself from his dining room table. He continued to not have the anti-tip bars on his wheelchair.
At 9:10 a.m., the resident was leaning forward in his chair. There were other residents near the resident, however, no staff in the dining room at that time.
At approximately 5:00 p.m., the interim director of nurses (IDON) observed his wheelchair and she confirmed anti-tip bars were not on the back of his wheelchair.
C. Record review
The comprehensive care plan for falls initiated on 3/31/22 identified that Resident #3 was at risk for falls due to poor sitting posture, decreased bed mobility, he leaned to the side when up in the wheelchair. He leaned forward in the wheelchair from the waist down attempting to pick something up and the resident did not want staff to assist him to sit up straight.
Interventions included installing anti roll backs on the wheelchair, using a mattress with bolsters for positioning, replacing fall mat with a beveled edged mat next to the bed, frequent checks, encourage call light use, redirection adjusting stimulation in the environment, assisting to desired location, reminding the resident to call for assistance before standing or walking without help, getting out of bed to walk, or going to the bathroom.
The progress notes documented the resident had experienced seven falls within the last six months. The notes were as follows:
Fall #1
The 9/17/22 documented the resident was found on the floor in the dining room with his wheelchair behind him and the table in front of him. The resident was in a reclining position on his right side.
Fall #2
The 9/25/22 note documented the nurse was called to the TV lounge to assess the resident for fall. The resident was found on his left side curled up in a fetal position. The resident was found to have blood to mouth and left forehead. Upon assessment, resident noted to have a significant raised area to left forehead with laceration in the center, some bleeding present. The resident's oral cavity was assessed and the resident had bitten his tongue. The resident was sent to the hospital. The resident returned from the hospital with dry dressing applied to left forehead.
Fall #3
The 12/31/22 progress note documented, the resident was on follow up related to a fall. The resident remained on neurological checks.
-The resident's medical record failed to document any further information on when the fall occurred and any injuries. The facility failed to have an investigation on the fall.
Fall #4
The 1/24/23 note documented the resident was on the floor mat on his buttocks beside the bed. The resident said his bottom was slightly sore.
The interdisciplinary team (IDT) note from 1/26/23 documented an IDT review of the recent fall. It documented the care plan was being followed at the time of the incident. Interventions included every morning visual checks to check if the resident was awake and if he was awake to ask him if he was ready to get up.
Fall #5
The 2/14/23 nursing note documented that the resident had an unwitnessed fall in the dining room. The resident was found sitting on the floor. He was able to answer questions and denied pain. The resident continued to lean forward in his chair to adjust sock. No injuries.
Fall #6
The nursing note dated 2/14/23 at 6:30 p.m., documented the nurse found the resident sitting on his bottom on the floor next to his wheelchair with his back resting against the wheelchair around 6:25 p.m. The resident was unable to answer what happened and denied hitting his head. The resident was assessed by a registered nurse (RN) supervisor to perform range of motion (ROM), he was at baseline, no apparent injuries.
Fall #7
Nursing note from 2/15/23 documented a certified nursing aide (CNA) notified the nurse at 7:30 a.m. that the resident was on the floor in his room. The resident was on the floor mat on both knees facing the bed with his head resting on the bed. The note documented the RN who was the IDON did a head to toe assessment. No injuries.
The medical record showed the resident had a fall assessment completed on admission on [DATE] which showed the resident had a score of 16 which indicated the resident was at risk for falls. Otherwise the resident had not had a fall assessment.
-The facility failed to show the resident's interventions were evaluated for effectiveness.
D. Interviews
The IDON was interviewed on 2/27/23 at 2:31 p.m. The IDON reviewed the resident's medical record. She reviewed the resident's fall investigations, which documented the same information as the progress notes. She said the fall on 12/20/22 she was unable to find an investigation. The IDON said the falls were reviewed in the daily meetings and also with a IDT meeting, however, the record only showed one IDT meeting progress note on 1/26/23. She said the IDT meeting was to discuss the fall and to determine if the approaches were appropriate.
The IDON said according to the care plan, the resident was to have anti-tip bars on the back of the wheelchair, and the resident was referred to therapy. She said although the resident was cognitively impaired, she thought the call light within reach and encouraging the resident to use call light was appropriate. She said the resident had a lot of fall interventions in place. A medication review was requested, however, had not occurred after the 2/15/23 fall. The IDON said a fall risk (fall investigation was not completed for the fall on 2/13/23. A care conference was scheduled on 2/24/23 however, was canceled as the social worker was out of the office. It had been rescheduled for 3/1/23.
The IDON said the last time the resident was assessed for falls was 12/8/21. She said the resident was only assessed for falls at admission.
The director of rehabilitation (DOR) was interviewed on 2/27/23 at 4:30 p.m. The DOR reviewed the record and said the resident had not been referred to therapy. She said the resident had not been assessed by therapy for the anti-tip bars as it was not covered by insurance.
CONCERN
(D)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0688
(Tag F0688)
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 one (#4) of three residents reviewed for range...
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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 one (#4) of three residents reviewed for range of motion services were provided with services or treatments to prevent a reduction in range of motion out of five sample residents.
Specifically, the facility failed to ensure range of motion services were provided for Resident #4.
Findings include:
I. Resident #4
A. Resident status
Resident #4, age [AGE], was admitted on [DATE]. According to the February 2023 computerized physician orders (CPO), diagnoses included Alzheimer's, dementia, anxiety, depression and malnutrition.
The 12/20/22 minimum data set (MDS) assessment revealed the resident had severe cognitive impairment with a brief interview for mental status (BIMS) score of zero out of 15. The resident required two person assistance for bed mobility, transfers, dressing and toileting, and one person assistance for eating, hygiene and locomotion in her room and on the units.
II. Observations
On 2/23/23 at 11:00 a.m., the resident was sitting in her wheel chair. The resident's legs were extended, however the right lower extremity did not rest directly on the padded foot rest, it remained in an extended position.
On 2/27/23 at 11:43 a.m., the resident was sitting in her wheel chair. The resident's legs were extended, however the right lower extremity did not rest directly on the padded foot rest, it remained in an extended position.
III. Resident representative interview
The resident's representative was interviewed on 2/27/23 at approximately 1:30 p.m. She said the range of motion had not been discussed with her or offered, however, if the range of motion helped with positioning then she would like to see if performed for Resident #4.
IV. Record review
The 3/27/22 restorative needs evaluation revealed the resident had lower extremities limitations.
The current active falls care plan dated 3/29/22, documented the resident was at risk for falls with a goal to have no falls or fall related injury before the next review date. Pertinent interventions included to provide restorative care and activities to enhance posture, the ability to stand safely and walk.
-The restorative care intervention failed to include the necessary equipment, frequency, and duration, as well as the measurable objectives and resident goals, what the resident was expected to achieve, such as mobility goals, and/or range of motion measurements to be achieved within a specific timeframe. The intervention failed to determine progress that included whether or not the resident was able to maintain or increase range of motion and/or mobility.
-The resident's comprehensive care plan also did not include a mobility care plan or care plan for contractures that addressed the resident's physical limitations or interventions that included exercises and/or therapy to maintain or improve the range of motion and mobility, or to prevent, to the extent possible, declines or further declines in the resident's range of motion or mobility.
Clinical notes were reviewed from 9/22/22 to 2/27/23 revealed:
The 12/5/22 hospice nursing clinical note revealed the resident was leaning to the right, and the doctor noticed the resident's legs were floating (unable to bend completely) because of stiffness, and documented the resident looked rigid.
The hospice notes signed 12/5/22 revealed the resident had rigid extremities, her legs were extended and did not touch the foot rests of her wheelchair.
The hospice notes signed 12/28/22 revealed the resident's rigidity was to be monitored for the following two weeks. There were no other hospice notes provided.
The 1/3/23 MDS assessment, function limitation in range of motion section, revealed there was nothing marked to indicate a limitation that interfered with daily function for either the upper or lower extremity or that placed Resident #4 at risk of injury.
The 1/3/23 MDS therapies section revealed there was no restorative nursing program performed for at least 15 minutes a day for the last seven days.
The 1/29/23 clinical note revealed the resident had limited range of motion to her legs with limitation at her hips due to contractures during a post fall assessment.
The 2/14/23 clinical note revealed the family stated the resident was not taken to activities and they would like to make sure the resident was included in activities like tactile, music and body movement.
The resident was seen on 2/27/23 by the hospice certified nurse aide (CNA). It documented the resident received a shower, oral care and had her hair washed. The charge nurse was informed. The resident was not provided range of motion services by the hospice CNA.
IV. Staff interviews
The nursing home administrator (NHA) was interviewed on 2/21/23 at 11:00 a.m. The NHA said the facility did not have a restorative program, and she had a performance improvement plan.
Registered nurse (RN) #8 was interviewed on 2/27/23 at 1:15 p.m. RN #8 said that the resident did not have any restorative program. She said that she was not sure if the resident received ROM. She said the resident would benefit from ROM as she had impaired mobility in her lower extremities.
The IDON was interviewed on 2/27/23 at 2:31 p.m. The IDON reviewed the care plan and confirmed the resident's limited range of motion on her lower extremities was not on the care plan.
The NHA was interviewed a second time on 2/27/23 at 4:00 p.m. The NHA said the team, which included the director of nursing (DON), assistant director of nursing (ADON) and the director of rehabilitation (DOR) were meeting bi-weekly in order to develop a restorative program. However, both the DON and the ADON had resigned and no longer worked at the facility. She said the DOR was in charge of writing the policy and provided training to the staff. She said the restorative program needed to be a functional maintenance program. However, the performance improvement plan was at a stand still.
Certified nurse aide (CNA) #6 was interviewed on 2/28/23 at approximately 1:00 p.m. The CNA said she did not perform range of motion on any of Resident #4's upper or lower extremities. She said the resident was on hospice care.
The director of rehabilitation (DOR) was interviewed on 2/28/23 at 4:30 p.m. The DOR said she was involved with the process, and was writing the policy. She said that due to losing the DON and the ADON, the plan had not progressed. She said the facility had identified there was not a restorative program, however, she was not directly in ensuring residents such as Resident #4 received ROM.
V. Facility follow up
The facility provided a performance improvement plan. The performance improvement plan had an end goal date of 3/31/23. The first meeting occurred December 2022. The plan included the DOR, DON and ADON.
-The plan failed to include how the facility was providing ROM services to the residents, as it was identified they were not receiving any services.
CONCERN
(D)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Medical Records
(Tag F0842)
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 medical record was complete and accurate ...
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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 medical record was complete and accurate in keeping with accepted standards of practice for one (#1) resident reviewed for documentation out of five sample residents.
Specifically, the facility failed to ensure documentation was completed for Resident #1's for his change of condition after staff interviews revealed the former director of nursing (FDON) responded, made observations and assessed the resident.
Findings include:
I. Facility policy
The Charting and Documentation policy, revised February 2023, was provided by the NHA on [DATE] at 11:02 a.m. It read in pertinent part, Entries may only be recorded in the resident's clinical record by licensed personnel in accordance with state law and facility policy. The following information was to be documented in the resident medical record: objective observations, treatments or services performed, changes in the resident's condition and events, incidents or accidents that involved the resident. Documentation should include care-specific details such as: the name and title of the individuals who provided care; the date and time the procedure/treatment was provided; the assessment data or any unusual findings obtained during the procedure or treatment; how the resident tolerated the procedure/treatment; the notification of family, physician or other staff, if indicated; and the signature and title of the individual who documented.
II. Resident #1 status
Resident #1, over age [AGE], was admitted on [DATE] and expired on [DATE]. According to the [DATE] computerized physician orders (CPO), diagnoses included stroke, right side weakness, speech disorder, heart disease, high blood pressure, neuropathy, osteoporosis, dysphagia (swallowing difficulties), elevated serum lipids and internal cardiac defibrillator placement.
The [DATE] minimum data set (MDS) assessment revealed the resident was moderately impaired with a brief interview for mental status (BIMS) score of eight out of 15. He required two person assistance with bed mobility, transfer, dressing, toileting and personal hygiene. He needed set up assistance only with meals and mobility in the room and corridor did not occur.
III. Record review
A review of the [DATE] clinical note entered at 7:03 p.m by registered nurse (RN) #1 revealed an unidentified certified nurse aide (CNA) notified RN #1 that Resident #1 was unresponsive when they attempted to serve the meal tray at dinner. RN #1 came in to assess the patient and noted it was difficult to locate a pulse, his breathing was normal, and he appeared pale in color. RN #1 notified the facility physician (FP) who was in the facility. An unidentified staff member called 911. Paramedics attempted resuscitation for approximately 30 minutes without a response. A physician from a local hospital pronounced Resident #1's death at 6:02 p.m. The FP called and notified the family of the resident's passing.
-This was the only clinical note entry for Resident #1's change of condition and the facility response.
IV. Interviews
CNA #3 was interviewed by phone on [DATE] at 2:25 p.m. She said the FP and the former director of nursing (FDON) came in to Resident #1's room on [DATE] in response to being notified about Resident #1's change of condition. CNA #3 said the FP called time of death, and the FP spoke to the paramedics, and the paramedics asked if cardiopulmonary resuscitation (CPR) had been done and the FP said no. CNA #3 said she was not told to do CPR by the FP and did not perform CPR. CNA #3 said the FDON was present in Resident #1's room at this time.
The former director of nursing (FDON) was interviewed by phone on [DATE] at 4:27 p.m. The FDON said she went down to Resident #1's room and the FP was there and the FP said she did not want anyone doing CPR because it would not help. The FDON said when she got to Resident #1's room he was cold to the touch and not breathing. She said she observed the FP attempting and unable to feel a pulse and the FDON said the FP checked the apical (near the heart), femoral (near the groin), and there was no pulse, and Resident #1 was barely breathing then he stopped breathing altogether.
The FDON said the FP declared a time of death, but the facility did not document when the FP called the time of death. The FDON said said she heard the FP tell CNA #3 to not perform CPR. The FDON said the FP told her told it would not do any good to do CPR. The FDON said from this time until the paramedics arrived, the FP was just sitting there saying she did not want CPR done and that CPR would not do any good. CPR was not performed. The FDON said RN #1 was at the nurses station when paramedics arrived. The FDON stated the paramedics did CPR because Resident #1 was a full code and she said the facility staff should have performed CPR.
The FDON emailed additional information on [DATE] at 11:09 p.m. The email read in pertinent part, On [DATE]nd, at 6:18 pm, she informed the administrator through a text message of Resident #1's condition at the time she entered the room, and informed her that the FP refused to do or allow others to perform CPR, and the FP pronounced the time of death but she did not recall the exact time. She told the FP that CPR should have been started. The FP said she was aware that Resident #1 was a full code but didn't want CPR done because she felt it wouldn't have done any good. The FDON did not know how long the resident had been deceased when she (the FDON) entered the room. When the FDON entered the room, the FP was standing at the bedside with an isolation gown on. The resident was blue, cool to touch, no carotid pulse and no respirations were noted. All details were reported immediately to the administrator. The incident was discussed again with the administrator on Monday, [DATE]th. The FDON informed the administrator that this incident needed to be reported. The administrator said she would take care of it and not to discuss it with staff.
-The observations and assessments from the FDON interview and email were not documented Resident #1's clinical record.
The interim director of nursing (IDON) was interviewed on [DATE] at 9:41 a.m. She said any change of condition note or any kind of assessment should come from the nurse who performed the action. She said she saw the FDON did not write a note regarding Resident #1's change of condition, including her observations and assessments. She said the FDON should have written a note that contained her account of the events, any assessments and what she did from the FDON's point of view. She said she was putting together training documentation for staff that included when and what to document, and how to do that consistently. She said she was unsure whose responsibility it was to ensure a director of nursing entered documentation in a resident's medical record.
The nursing home administrator was interviewed on [DATE] at 10:36 a.m. She stated that she did not think the FDON provided patient care and was instead at the nurses station during Resident #1's change of condition. She said if the FDON assessed the resident then there should be documentation she was present. The NHA said the interim director of nursing (IDON) provided a quick training for licensed staff two weeks ago on [DATE] and [DATE] on charting and documentation.
V. Facility follow up
The NHA provided a training document on charting for the week of [DATE] on [DATE] at 11:02 a.m. It read in pertinent part, Charting necessary documentation should be completed each shift. What should be charted: change in resident condition, incidents, follow up charting (falls, medication changes), provider visits to the resident and any other pertinent information. The training document listed seven nurses who attended the training.
CONCERN
(F)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Abuse Prevention Policies
(Tag F0607)
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 staff interviews, the facility failed to implement policies and procedures to thoroughly screen staff...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and staff interviews, the facility failed to implement policies and procedures to thoroughly screen staff to prohibit and prevent abuse, neglect, exploitation of residents and misappropriation of resident property, prior to a staff member providing direct care to residents.
Specifically, the facility failed to:
-Complete employee background checks before the facility allowed staff to work with residents in the facility, which included registered nurse (RN) #4;
-Investigate concerns about registered nurse (RN) #4's background check;
-Prevent RN #4, who had a suspended nursing license in another state, from providing direct patient care in the facility.
The failure to have policy and procedure to screen employees prior to providing care to residents had a facility wide impact.
Findings include:
I. Facility policy
The Abuse Prevention Program policy, revised 10/15/22, was provided by the nursing home administrator (NHA) on 2/28/23 at 10:15 a.m. It read in pertinent part,
The policy of (facility name) is zero tolerance of any form of abuse, neglect, or exploitation.
Screening of Staff
Pre-employment screening will be completed on all post-offer applicants, to include:
Criminal history check, background check, reference check from previous employers, professional licensure, certification or registry check as applicable.
The Recruitment Process Steps for HR (human resources), 3/20/22 and updated with a page heading during survey on 2/28/23, was provided by the NHA on 2/28/23 at 10:15 a.m. It read in pertinent part,
Background expectations
Includes referencing and pre-employment steps at or around (the) offer.
Use the referencing tool, and upload to the candidate file once completed.
Begin (background check company name) process - manage the (background company name) dashboard by referencing (the) day to ensure (the) process is advancing. Address any issues immediately to ensure there are limited delays if any.
Follow State and county pre-employment requirements. For example, TB (tuberculosis testing) fingerprinting, state registry checks, FBI (Federal Bureau of Investigation) checks, etc. (etcenterra).
II. Record review
A. RN #4 background information
RN #4 entered background information into the background company's website on 1/1/23. On 1/17/23 the facility was notified by the background company of the following problems with the prospective employee's information.
-Professional license had a discrepancy. A client review was required.
-Adult abuse registry revealed additional information was required.
-Self adjudication revealed this did not meet company standards.
-RN #4 did not provide correct past employment history dates correctly according to the human resource director (HRD).
-RN #4 did not provide a correct RN license number according to the HRD.
B. RN #4's timecard
RN #4's timecard was provide by the NHA on 2/27/23 at 5:05 p.m. RN #4 worked in the facility prior to his background check being completed. He was in the facility three times for orientation without direct patient care and eight times he worked on a medication cart and provided direct care to residents on the following dates:
-On 1/5/23, 1/13/23 and 1/17/23, RN #4 had orientation in the facility but did not have direct patient care.
On the following dates RN #4 worked having direct patient care and had access to the medication cart:
-On 1/12/23 from 5:50 p.m. until 12:00 a.m.
-On 1/13/23 from 10:00 p.m. until 1/14/23 at 6:16 a.m.
-On 1/16/23 from 6:04 p.m. until 10:30 p.m.
-On 1/19/23 from 5:56 p.m. through 1/20/23 at 6:21 a.m.
-On 1/21/23 at 6:39 p.m. through 1/22/23 at 7:01 a.m.
-On 1/23/23 from 5:59 p.m. until 1/24/23 at 6:49 a.m.
-On 1/26/23 from 5:15 p.m. through 1/27/23 at 7:47 a.m.
-On 1/27/23 from 5:46 p.m. through 1/28/23 at 8:08 a.m.
III. Interviews
The NHA was interviewed on 2/23/23 at 10:23 a.m. She said the HR department informed the facility when a new employee could begin to work. She said she did know that when a person submitted information for a background check, that the facility needed to wait for the information to be returned to allow someone to work on the floor with the residents. She said RN #4 worked Friday night 1/17/23 and into the morning of 1/18/23. She said sometime during RN #4's shift he left a letter under her office door. She said the letter revealed he would not be returning to the facility to work. She said the company did not have a hiring policy but had a procedure of how to hire individuals.
The HRD was interviewed on 2/27/23 at 3:28 p.m. He said for employment at the facility a person must get a TB (tuberculosis) test and have it read, a background check through a background company the facility utilized (company name), drug testing and the CAPS (Colorado Adult Protective Service) check. The HRD said on 1/1/23 RN #4 submitted information into the background check company's web site. He said on 1/17/23 the HRD was notified by the background company to have RN #4 resubmit his online background check because his RN license number was not submitted correctly, and RN #4's timeline of where he lived and worked for a few years did not correspond to each other. The HRD said he assumed RN #4 just made a mistake when he entered the information. The HRD spoke with RN #4 over the phone and requested RN #4 sit with the HRD personally to resubmit information and to complete the CAPS form which was part of the background check.
The HRD said RN #4 told him he had a backpack that he should not have had that was filled with illegal substances. He said the RN had worked in the facility before as an agency nurse. He said RN #4 had been able to be a contract employee because his felonies were not in the records yet in another state. The HRD said he allowed RN #4 to work on the floor with residents pending his background checks returning. The HRD said the facility allowed him to work before his background checks and CAPS had been returned to the facility. The HRD said the HR department informed RN #4 that because narcotics were involved he did not meet the company standards and could no longer work at the facility. He said the facility suspended RN #4 on 1/27/23 and then fired RN #4 on 1/30/23. He said the last day he worked was 1/27/23. (See variance in account of suspension versus NHA interview stating RN #4 quit.) The HRD said a person could have direct care with residents before a background check was returned even if the person had a criminal background. He said RN #4 would have been supervised in the building when he worked but he did not know who would have supervised him or if he was supervised by anyone if he was the midnight supervisor.
The HRD said he told RN #4 he would sit with him on Tuesday 1/24/23 to resubmit his information into the computer system for doing his background check. He said RN #4 agreed but then stated he could enter the computer information with the HRD on 1/26/23 instead. He said on 1/26/23 RN #4 said he needed to speak with his girlfriend about the background information prior to entering it into the computer with the HRD and would sit with the HRD on the following Monday 1/30/23 to reenter his background check into the computer system to verify his background. The HRD said he did not know why RN #4 had to speak to his girlfriend before he filled out the background check. He said the facility did not take him off the schedule until his background check was completed. He said the facility continued to let him work before the background check was resubmitted and returned completed. He said he gave RN #4 permission to work on the floor with residents before the facility received his completed background check. He said when someone did not meet the company standards, such as a felony, or possession of drugs, they were no longer allowed to work for the company.
The HRD was interviewed again over the phone on 2/28/23 at 9:54 a.m. He said the facility let RN #4 work with vulnerable residents without a background check. He said, The buck stops here, the HR office for allowing this to happen. He said he was unaware if the HR department was responsible to report this individual to [NAME] (Department of Regulatory Agencies).
CONCERN
(F)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0843
(Tag F0843)
Could have caused harm · This affected most or all residents
Based on record review and staff interview the facility failed to have in effect a written transfer agreement with one or more hospitals approved for participation under Medicare and Medicaid programs...
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Based on record review and staff interview the facility failed to have in effect a written transfer agreement with one or more hospitals approved for participation under Medicare and Medicaid programs in order to reasonably ensure residents would be transferred from the facility to a hospital, and assured of timely admission to the hospital when transfer was medically appropriate.
Specifically, the facility failed to ensure a written agreement was in effect for the one local area hospital.
Findings include:
I. Record review
During the survey from 2/21/23 to 2/28/23, the hospital transfer agreement was requested from the nursing home administrator (NHA) via email on 2/23/23 at 4:47 p.m.
-The facility was unable to provide a written agreement for the one area hospital.
II. Interview
The NHA was interviewed on 2/28/23 at 12:10 p.m. She said the facility used one area hospital often, and sometimes other local hospitals were utilized to transport residents. She said she could not provide a hospital transfer agreement because the facility did not have any agreements or contracts with any hospitals about transporting residents. She said I assume the facility may have had contracts when the facility opened about 20 or 25 years ago, but the facility has no current hospital contracts or agreements.
CONCERN
(F)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
QAPI Program
(Tag F0867)
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 interviews, the facility failed to develop and implement appropriate quality assurance and performanc...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and interviews, the facility failed to develop and implement appropriate quality assurance and performance improvement (QAPI) plans of action to correct identified quality deficiencies, potentially affecting all the residents in the facility.
Specifically, the quality assurance performance improvement (QAPI) committee failed to effectively address concerns related to:
-Healthcare workers following resident's advance directives. On [DATE] a resident did not have his wishes honored which was followed by death;
-Provide ongoing interventions and evaluations after the death of a resident who did not have their medical orders for scope of treatment (MOST) form honored, so that other residents would have their MOST form wishes carried out by the facility staff;
-Education to the facility staff and facility medical providers to properly implement the MOST form utilized in the facility for advance directives;
-Update the facility policy which included the facility had an Automated External Defibrillator (AED) in the building. The facility did not have an AED in the building; and,
-Update the policy that anyone trained or not trained could perform cardiopulmonary resuscitation (CPR) to only trained individuals could perform CPR.
Findings include:
I. Facility policy and procedure
The Quality Assurance and Performance Improvement policy, revised [DATE], was provided by the nursing home administrator (NHA) on [DATE] at 12:35 p.m. revealed in pertinent part,
It is the policy of the (facility name) to facilitate quality assessment and performance improvement within a structured process. Each campus will have a committee with key members who will meet quarterly at a minimum to review and analyze data and provide recommendations for performance improvement.
The committee identifies opportunities or quality improvement through assessment and data analysis. This may include opportunities in risk and/or hazard identification, quality of life, overall wellness, health/wellbeing, care process, or any other areas which may impact care and wellbeing. Staff is encouraged to identify opportunities for improvement as well as potential hazards and risks.
The QAPI committee will recommend and/or implement strategies designed to improve performance and/or correct/minimize risk or hazard. The performance improvement plans will contain measurable outcomes.
II. Cross-reference citation F678
During the complaint survey from [DATE] to [DATE], cardio-pulmonary resuscitation was cited at an immediate jeopardy scope and severity.
On [DATE] Resident #1 signed his own advance directive on the Colorado MOST form to receive CPR should it be needed. On [DATE] the resident's nurse practitioner signed the MOST form which documented his wishes were discussed with a healthcare professional. On [DATE] his MOST form was reviewed with the social service director (SSD) and the resident's family. It was documented he wished to receive CPR if needed. Later that same day on [DATE], the facility did not honor his wishes and did not perform CPR. Resident #1 passed away and emergency medical personnel were unable to revive him.
After the incident, the QAPI committee did not identify and put interventions in place concerning resident's resuscitation choices to prevent the same situation from occurring again.
III. Interviews
The NHA and the interim director of nursing (IDON) were interviewed on [DATE] at 5:30 p.m. The IDON said, I don't really know, I am not 100% sure if a doctor's decision would trump a resident's MOST form decision. I have not had any specific training on how the MOST forms are to work. I think our nurses understand it, but they have had no specific training on the subject.
The NHA said in new employee orientation there was training on the MOST forms. The NHA said she would provide proof of the MOST form training given in new employee orientation.
-No documentation was provided of the MOST form training during new employee orientation by exit of the survey [DATE].
The NHA said the facility had a CPR (cardiopulmonary resuscitation) policy. She said I am not clinical so I cannot comment on what the policy says to do. (see facility follow-up)
The facility medical director (MD) was interviewed on [DATE] at 9:09 a.m. He said he was in attendance in a QAPI meeting where the situation with Resident #1 was discussed. He said a QAPI meeting was a protected discussion but he hoped the NHA would be asked what happened in the meeting and provide some information. He said he had spoken to the former director of nursing (FDON) in the QAPI meeting about what happened with Resident #1 but that was a protected conversation. He said he would speak to the NHA about providing education to the staff as well as the attending providers concerning CPR and the MOST forms.
The NHA was interviewed on [DATE] at 2:58 p.m. She said she was unaware the facility's CPR policy documented the facility had an automatic external defibrillator (AED) that staff were to utilize when needed. She said the facility did not have an AED in the building. She said during the survey, she would update the CPR policy. She said she was unaware the policy documented trained or untrained rescuers could perform CPR. She said the policy was not reviewed during QAPI after the [DATE] passing of a resident. (see facility follow-up below)
The NHA was interviewed on [DATE] at 12:10 p.m. She said the QAPI meeting met one time per month. She said she remembered what had happened with Resident #1's death and the death was discussed in a QAPI meeting. She said Resident #1 died on [DATE] and she could not recall if his death was discussed in the [DATE] or [DATE] QAPI meeting. She said she did not have any notes about the subject from the QAPI meeting that she could provide. She said Resident #1's death was a one time discussion only. She said the situation with Resident #1 was never reviewed in any further QAPI meetings and there was no investigation into the situation. She said she did not remember what was discussed in detail about the situation with Resident #1 in the QAPI meeting. She said no interventions were put in place because no interventions were required to be implemented because she felt it was a one time situation. She said a review of all of the residents in the facility MOST forms was not done until the survey on [DATE]. She said the facility's CPR policy was not updated until the survey on [DATE]. She said there were no risk or hazard evaluations identified during the QAPI meeting after Resident #1 died. She said the committee did not discuss what happened with Resident #1 in any meetings until the current survey on [DATE]. She said the QAPI committee discussed in the QAPI meeting that Resident #1 had died and that his family was notified, but that was all.
IV. Facility follow-up
On [DATE] at 8:30 a.m. during the survey, the NHA and the IDON provided an all resident facility audit to determine each resident's MOST form wishes. The IDON said the audit was incorrect because it did not include one resident who wanted CPR on his MOST form. The NHA and IDON updated and provided a new resident roster of the MOST forms on [DATE] at 8:50 a.m.
Updated CPR policy
The Emergency Procedure - Cardiopulmonary Resuscitation policy 2001, and revised February 2018, was provided by the NHA on [DATE] at 2:58 p.m. The policy was reviewed with the NHA. The NHA said she was unaware of two parts of the policy which she would revise immediately during the survey. The two parts revealed in pertinent part;
Instruct a staff member to retrieve the automatic external defibrillator (AED).
-Interviews reveal the facility did not have an AED. The NHA said she did not know the policy stated the facility had an AED for staff to use.
All rescuers, trained or not, should provide chest compressions to victims of cardiac arrest.
-The NHA said she would remove the word not from the policy which indicated CPR could be provided by anyone. She said CPR should only be performed by a trained rescuer.
On [DATE] at 4:32 p.m. the NHA emailed a revised CPR policy correcting the above statements. The new policy deleted that there was an AED in the building for staff to use. The new policy revealed all rescuers who provided CPR were to be trained.
On [DATE] at 5:40 p.m. the NHA emailed a facility plan which documented the facility would provide in-service CPR education for the licensed facility staff, and all licensed and contract staff would receive written and in-person training on the Colorado MOST forms.
CONCERN
(F)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0947
(Tag F0947)
Could have caused harm · This affected most or all residents
Based on record review and interview, the facility failed to ensure in-service training for five of five certified nurse aides (CNAs) reviewed, in their annual training, no less than 12 hours per year...
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Based on record review and interview, the facility failed to ensure in-service training for five of five certified nurse aides (CNAs) reviewed, in their annual training, no less than 12 hours per year contained dementia management training.
Specifically, the facility failed to ensure in-service training records reviewed for five CNAs #1, #2, #3, #4, and #5 had dementia management training in their required 12 hours of annual training.
Findings include:
I. Training review
Five nurse aides (#1, #2, #3, #4, #5) were reviewed for the annual required dementia management training. The nursing home administrator (NHA) was unable to provide any requested dementia management training records for five of the five CNAs requested records.
II. Record review
The Resident Census and Conditions form was requested from the NHA on 2/23/23 at 9:59 a.m. which contained the number of residents in the facility and the number of residents with a diagnosis of dementia. The information was not provided during the survey. The NHA was also requested to provide the facility's dementia care education training notes but she said she did not have any education to provide.
III. Interview
The nursing home administrator (NHA) was interviewed on 2/27/23 at 9:58 a.m. She said the facility did not have any records of dementia training for the five CNAs requested records. She said she knew the yearly 12 hour required training should contain dementia management training. She said she could provide education formats for other required training but not for dementia care. She said she knew CNAs needed to have ongoing training to make sure their skills were up to date and to ensure the residents were cared for properly. She said if she could find any documentation she would provide proof of education during the survey. (No documentation was provided by the exit date of 2/28/23) She said the facility did not have a staff development coordinator (SDC) to provide training. She said over the last few months some upper management had quit working at the facility who had provided different types of training. She said in the future during 2023 either she or the assistant director of nursing (ADON), who was filling in also as a director of nursing (DON) until a new DON was hired, would be training the staff in all the required training.