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
Free from Abuse/Neglect
(Tag F0600)
Someone could have died · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, review of medical records, facility policies, and interviews with facility staff and a family member, the...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, review of medical records, facility policies, and interviews with facility staff and a family member, the facility neglected to provide services and supervision to one (Resident #1) of three sampled for high-risk elopement. Resident #1 was an ambulatory, vulnerable resident, who previously expressed wishes to leave the facility, and previously made elopement attempts. Documented concerns by nursing staff showed they feared Resident #1 would be able to exit the facility by jumping the fence. Resident #1 had been assessed to be an elopement risk, requiring 1 to 1 supervision when smoking. Resident #1 was able to exit the facility unbeknownst to staff and was not found until a bystander located him at a bus station located 2.9 walking miles from the facility and notified a family member, 44 hours after he left the facility. The local authorities responded to the site and transported the resident to the hospital by Emergency Medical Services (EMS). Resident #1 was unaccounted for from 1/25/23 at 12:53 p.m. to 1/27/23 8.49 a.m., a period of 44 hours.
The resident who had a dementia diagnosis suffered the likelihood of harm, due to the possibility of wandering into on-coming traffic, being hit by a vehicle causing injury or death. Resident #1 had a history of falling and could have fallen on uneven sidewalks. The resident has a history of seizure and bipolar disorders and his absence from the facility put him at risk due to going without medications for 44 hours creating the likelihood of return of symptoms and/or withdrawal from the medication. The resident had no means to obtain food, water, or shelter for the time he was absent from the facility creating the likelihood for dehydration, and/or harm from exposure to the elements. The facility neglected to provide supervision for Resident #1 whose history of elopement and high risk for elopement was documented, and care planned.
Additionally, based on resident interview, staff interview, physician interview, record review, and hospital record review, the facility failed to prevent staff-to-resident physical abuse for 1 resident (Resident #2) out of 3 residents reviewed for abuse. The staff-to-resident abuse resulted in Resident #2 sustaining a pinpoint red area to the face, a left broken rib, and a left pleural effusion.
This resulted in the findings of Immediate Jeopardy starting on 1/25/2023. The immediacy was removed on 2/01/2023 after verification of the implementation of removal action(s). The scope and severity was reduced to a G (no actual harm with potential for more than minimal harm).
Findings included:
Review of a facility policy titled, Abuse Prevention Program, Revised August 2022, showed the facility has designated and implemented processes, which we strive to reduce the risk of abuse, neglect, exploitation, mistreatment, and misappropriation of resident's property. These policies guide the identification, management and reporting of suspected, or alleged abuse, neglect, mistreatment, and exploitation. It is expected that these policies will assist the facility with reducing the risk of abuse, neglect, exploitation, and misappropriation of resident's property through education of staff and residents, as well as early identification of staff burnout, or resident's behavior which may increase the likelihood of such events.
DEFINITIONS:
Abuse-Includes Verbal, Physical, and Mental/Emotional Abuse
Abuse
Willful infliction of injury upon a resident by a staff member, another resident, a vendor, a visitor, or other individual.
.Instances of abuse of residents, irrespective of any mental or physical condition, that causes physical harm, pain or mental anguish to include verbal, sexual, physical, and mental abuse.
.Willful, as used in this definition of abuse, means the individual must have acted deliberately, not that the individual must have intended to inflict injury or harm.
Procedure:
The facility has implemented the following processes in an effort to provide residents, visitors and staff with a safe and comfortable environment.
The Administrator is responsible for designating an Abuse Coordinator.
The designated shift supervisor is identified as responsible for immediate initiation of the reporting process
The Administrator, DON and/or designated individual are responsible for the investigation and reporting of suspected, or alleged, abuse, neglect, and exploitation and misappropriation.
The Administrator, DON and/or designated induvial are also ultimately responsible for the following:
Implementation
Ongoing monitoring
Investigation
Reporting
Tracking and Trending
Implementation and Ongoing Monitoring
.Training
Facility orientation program and ongoing training programs will include, but may not be limited to:
483.95(c)Freedom from abuse, neglect, & exploitation requirements in 483.13.
483.95(c) Activities that constitute abuse, neglect, exploitation, & misappropriation of resident property as set forth in 483.12.
.Methods to reduce the risk of abuse, neglect, mistreatment, misappropriation, and exploitation that may include, but may be limited to, recognizing signs of burnout, frustration and stress, stress management and relaxation techniques. Refer to HR Manual for identifying and managing staff burnout, and [NAME] availability .
Prevention:
.Facility leadership will identify situations in which abuse, neglect, mistreatment, exploitation, misappropriation may be more likely to occur, such as:
Residents with needs/behaviors which might lead to conflict or abuse/neglect.
Staff burnout .
Identification
Events of injury of unknown origin/source, such as suspicious bruising occurrences, patterns, and trends or other resident injury that may constitute abuse, neglect, or mistreatment are identified and thoroughly investigated, with appropriate reporting as indicated .
Neglect: failure of the facility, it's employees our service providers to provide goods and services to a resident that are necessary to avoid physical harm, pain, mental anguish, or emotional distress.
Under prevention, facility leadership will identify situations in which abuse, neglect, mistreatment, exploitation, misappropriation may be more likely to occur, such as residents with needs/behaviors which might lead to conflict or abuse/neglect.
Analyze the occurrences to determine what changes are needed, if any, to policies and procedures and education to prevent further occurrences.
Protection: Upon identification of actual, suspected . neglect . systems are in place to provide for the protection of the resident. These systems may include, but may not be limited to: Suspension for accused, suspected employee(s), pending the outcome of the investigation to protect the alleged victim . Initiation of discharge process if the resident is a danger to him/herself or others. provision of 1:1 monitoring, or enhanced supervision as indicated.
1.
Review of Resident #1's admission record revealed an initial admission date of 8/24/22 and a returned date on 1/27/23. Resident #1 was admitted to the facility with diagnoses that included Dementia unspecified severity without behavioral disturbance, psychotic disturbance and anxiety, muscle wasting and atrophy, weakness, unsteadiness of the feet, Wernicke's encephalopathy, seizures, chronic obstructive pulmonary disease (COPD) Dementia, alcohol abuse, bipolar disorder, acute and chronic respiratory failure, and a history of repeated falls.
Review of a quarterly Minimum Data Set (MDS) assessment dated [DATE], section C, cognitive patterns showed Resident #1 had a Brief Interview for Mental Status (BIMS) score of 5, indicating severe cognitive impairment. Section G, functional status, under F. Locomotion off unit - how resident moves to and returns from off-unit locations, showed the resident required supervision with one person assist. G0300 Balance during transitions and walking showed the resident was coded 1, not steady, but able to stabilize without staff assistance. Section N, medications showed the resident received antipsychotic, antianxiety and antidepressant medication 7 days a week.
Review of a care plan for Resident #1 dated 8/24/22, revealed an elopement risk focus, indicating Resident #1 is at risk for elopement. The goal section showed the resident will not exit the facility without staff knowledge, or appropriate supervision. Interventions included: 1:1 supervision indefinite at all times, complete required information on elopement risk identification information sheet, if the resident is wandering offer frequent rests and snacks if indicated, secured unit, refer to psychological services as needed, diversional activities. Further review of the care plan revealed Resident #1 was a current smoker, with a goal to remain safe while smoking. Interventions included to observe for smoking safety through observation and interview and supervised smoking at all times.
Review of a document titled, order summary report, date range: 11/01/22 to 01/31/23, showed Resident #1 did not have physician orders in place related to supervision prior to the elopement.
Review of a document titled, elopement-v 2, dated 8/24/22, showed the following: 1. Is this resident confused? Yes 2. Resident is ambulatory or mobile (walker, wheelchair/chair) Yes. 3. Is question 1 and question 2 both Yes? Activate elopement interventions as follows: Educate staff that the resident is now an elopement risk, place picture in elopement book, update the orders care plan and Kardex and notify supervisor-document in the medical record.
Review of a document titled, Elopement Risk, dated 9/1/22, showed Resident #1 had a diagnosis of dementia, was cognitively impaired, confused and was independently mobile. The document showed, resident has history of elopement, desires to leave facility, verbalizes desire to leave facility such as, I don't want to stay here, how do I get out of here, I'm looking for my sister, exit seeking, wandering, looking out of/trying to open windows, loitering by exit doors/or attempting to open exit doors. The resident is assessed as an elopement risk.
On 2/1/23 at 12:17 p.m., a telephone interview was conducted with Resident #1's family member. She stated she was notified Resident #1 left the faciity on 1/25/23. She stated they said he walked out the door, climbed up a fence and left the facility. She stated no one saw him leave and they did not know where he was for a couple of days. The family member stated she received a phone call from a stranger at the bus station who was trying to buy him (Resident #1) a bus ticket to get to Maryland. The phone call was received on 1/27/23 in the morning. The family member stated the resident was a severe alcoholic with a wet brain (Wernicke-Korsakoff syndrome (WKS), is a brain disorder related to the acute and chronic phases of a vitamin B1 deficiency, a common complication of long-term heavy drinking) due to falling and hitting his head many times. She stated he always runs away from facilities wanting to get back to Maryland. The family member said, they [facility] knew he was at risk for elopement. I have discussed his history with the Social Services Director (SSD). They should have known he is flight risk. The family member stated she was not anticipating moving the resident to Maryland because the family is not able to take care of him.
On 1/30/23 at 10:30 a.m., an interview was conducted with Resident #1. The resident was observed in the fenced courtyard outside the 400 secured hall, smoking a cigarette. The resident was with his 1:1 Aide, Staff E, Certified Nursing Assistant (CNA). Resident #1 expressed frustration with his placement and his desire to leave the facility. The resident said, I want out of here. I am mad the police brought me back here. I do not want to be here. This is not my destination. I was trying to get to Baltimore, Maryland. Resident #1 stated on the day he eloped (1/25/23), I walked out of that gate, no, I did not jump. I don't remember jumping a fence like everyone is telling me. There was no staff here. Everyone had just walked outside to smoke their cigarettes. I got to that gate [pointing to a six-foot gate in the middle of the courtyard] and walked out. I proceeded to the other one over there [pointing to another six-foot gate] I hopped that thing. The next thing you know I was on the other side, I walked to the bus station, not too far from here, probably a mile or two. I got up the road and the police brought me back. The resident stated he did not take any belongings when he left. He stated he was gone for about a whole day. The resident could not confirm where he went or where he spent the night. Resident #1 said, I want out of here. I am wasting space, someone else could use the bed. My family won't come and get me. I want to leave. I just don't want the cops getting me again. Resident #1 stated he would try and leave the facility again. He stated he just needed a bus ticket to get to Maryland. The resident stated if he was to leave again, he would jump the fence. Resident #1 said, I am a tall guy, that small fence is nothing. The resident stated he wanted to go to Maryland because there is a job waiting for him.
On 1/30/23 at 1:57 p.m., a telephone interview was conducted with Staff F, CNA. Staff F stated she was working the day Resident #1 eloped. She said, I was working that day. I was passing the cigarettes as the residents were going out to smoke, I was standing by the nurse's station. One of my residents asked me to help him. When my resident asked for help, I turned to grab gloves and continued to help my resident. We were by the exit door. I later viewed the camera and from the camera you can see [Resident #1] walk past me. I did not see him. He walked out and turned the corner right away behind the building. I did not see him. My back was turned. From the camera you can see him sneak behind me. Staff F stated that Staff G, CNA, was supposed to be 1:1 with him, but he was providing patient care. The other CNA (Staff H, CNA) said she would step in to do the 1:1. She was also standing by the door as the residents were leaving to go outside. Staff F stated Staff G had been assigned because they said we needed a man that day in case he jumped over again. Staff F stated the resident had been exit-seeking. Staff F said, I saw him attempting to leave the day before. I was in room [ROOM NUMBER] and as I looked outside the window, I saw him pulling on the gate, he was banging on the gate as he was climbing. I yelled at [Staff G, CNA] assigned to him. He pulled him back and brought him inside. Staff F stated Resident #1 had tried to leave three times before, the 4th time he left. She stated the incidents were reported to the unit manager. Staff F said, They all knew it. He was trying to jump on the fence. The first time he got out is when they should have fixed the fence. It was sometime in September. They should have made the middle fence area higher. Everyone knew he wanted to leave. The CNA stated on the day he eloped; she could tell earlier in the day he was anxious because he was pacing. Staff F said, you can see it on the camera. You can see him looking around the room. She stated she participated in the search. They looked everywhere in the facility and outside. Staff F stated she gave a statement and told them she did not see him because she was busy with her resident.
On 01/30/23 at 10:29 a.m., an interview was conducted with the SSD. She stated she worked with the residents in the 400 unit, a behavioral unit where Resident #1 resided. She stated there was a code on the door to get in and out of the unit. Residents do not have these codes. The SSD confirmed Resident #1 was admitted to the facility because he had potential to wander. She said, He is not safe without supervision. He was placed on the secured unit from day one, because of wandering. The SSD stated she spoke to the family member and was alerted to his history. She stated the family member reported that he kept escaping from other facilities and there were not enough staff to keep him safe there. The SSD said, He has wandered while here. He has tried to go out through the back of the facility. He tried to climb the fence to get away. Every once in a while, he attempts a move, he is an alcoholic, he wants to drink, and he said he was seeking alcohol. She stated nursing staff assess residents for risk of wandering. She stated Resident #1 had not had any previous elopements attempts that she knew of, besides trying to jump the fence. She said, He did not go far. He was brought back before he could go off premises sometime in September.
Review of a document titled psychosocial history and assessment, dated 8/31/22, showed Resident #1 had a psychiatric diagnosis and was being treated with psychotropic medications for bipolar disorder. The resident was unable to state his goals and will remain a long-term care resident of the facility. His memory and cognition were noted not intact and are severely impaired.
Review of a progress note dated, 9/1/22 showed, during the smoke break time resident went to the back of the building and climbed over the fence. The resident could not be located on 09/01/22 at 1:27 p.m. The missing person action plan was initiated. The following took part in the search of the resident inside and outside the property. Nursing staff reviewed the LOA (leave of absence) book to determine whether or not the resident signed out. It is noted when last seen, the resident was wearing the following T-shirt and grey pants. The resident was last seen in the smoking area on 9/1/22 at 1:20 p.m.
Review of a document titled, Psych Note, dated 9/8/22, showed Resident #1 was seen for psychiatric follow-up and medication management at the request of staff. The document showed reportedly last week patient left the facility and eloped via scaling over fences. He was found and returned to the facility without conflict or combativeness. Family reports he has a history of climbing fences, he was uninjured in the events. He is seen today on the memory care unit, states that he would like to go home, but he is a poor historian unable to provide many details of the event).
A progress note, dated 9/13/22, showed, IDT (interdisciplinary) meeting in regard to resident needing a 1:1. Resident will remain on 1:1 at smoking times.
Review of a document titled, Psych Note, dated, 9/15/22, showed, he is now only on 1:1 supervision when out for smoking due to history of elopement attempts.
Review of an ARNP nursing home progress note, dated 9/22/22, showed the resident was seen in his room in secured unit. He remains on 1:1 during smoke breaks due to elopement risk. The assessment plan showed, he requires 1:1 when out on smoke breaks . locked unit, continue current medications.
Review of a social services note for Resident #1 dated 10/5/22 showed the SSD spoke to Resident #1's family member who stated the resident was in an assisted living facility previously and he had too much freedom to wander out and she feared he would get hurt by traffic.
Review of a social services note dated 10/18/22, the SSD spoke to Resident #1's family member. The family member wanted him placed in a nursing facility; she had declined assisted living placement. Family member stated, He has too much freedom in an assisted living and can leave the facility and get hurt.
Review of a nursing home progress note for Resident #1, by the Advanced Registered Nurse Practitioner (ARNP), dated 11/17/22, showed, resident was seen for vascular dementia with agitation, resident was outside in smoking area, he began pacing and looking at the road yelling, I want to leave this place. he became verbally abusive towards staff.
A progress note dated,11/17/22, showed: writer was notified by CNA [smoke aide] that while out smoking, resident was pacing close to the fence and looking at the road. When CNA tried to get closer to the resident just in case, he tried to jump the fence, resident became nervous and verbally aggressive and telling everyone .I want to leave this place now and I want to go to Baltimore where my daughter is.
A progress note dated 1/8/23 showed Resident #1 was confused, and to activate elopement interventions.
Review of a social services progress notes dated 01/25/23 at 3:02 p.m., showed the SSD called the resident's family member at 3.p.m. this afternoon to see if she has seen or heard from [the resident], but she did not pick up. Message left in her voicemail informing her the facility is currently looking for him .
Review of a progress note dated 1/27/23, showed the resident returned to the facility, admitting diagnosis listed, Risk for elopement.
Review of Resident #1's psychiatry note dated,1/27/23 showed the resident has a history of depression, dementia with behavioral disturbance seen for psych evaluation. Patient was reported missing from the facility on 1/25/23. Authorities found the patient at the bus stop on 1/27/23. He was assessed and cleared at the hospital and returned to the facility. He stated I just walked out the gate when questioned about how he left the facility. He stated that he went to another facility to visit a friend. He is oriented to person . He continues to have persistent insomnia. Patient is a flight risk. Continue 1:1 surveillance until further notice.
Review of a psych note for Resident #1 dated 12/20/22 showed, the resident felt more agitated more than usual with the holidays. He continues to have persistent insomnia.
Review of the Medication Administration Record (MAR) for Resident #1, for the period 1/1/23 - 1/31/23, showed the resident was scheduled to receive the following medications:
Trazodone HCI oral tablet 50 MG (micrograms). Give 1 tablet by mouth at bedtime for insomnia, anxiety, order date 11/1/22.
Flomax oral capsule 0.4 MG, give 1 capsule by mouth one time a day to improve voiding, order date 8/25/22.
Lorazepam oral tablet 1 MG, give 1 tablet by mouth two times a day for anxiety, order date 11/18/22.
Seroquel oral tablet 50 MG, give 1 tablet by mouth two times a day for bipolar disorder, order date 1/13/23.
Midodrine HCI Oral tablet 10 MG, give 1 tablet by mouth three times a day for low blood pressure. Hold medication if SBP (Systolic Blood Pressure) is ? 110, order date 10/18/22.
The review showed staff initials entered with a code 3 meaning, Absent from facility, confirming Resident #1 did not receive his medications for a period of 44 hours.
On 1/31/23 at 10:59 a.m., an interview was conducted with Staff H, CNA. She confirmed she was working the 400 secured unit when Resident #1 eloped. She stated at 2 p.m., the nurse went to give him medications or something and she could not find him. She said, I last saw him at the previous smoke break at 10:30 a.m. That was the last time. He was with Staff G. Around 12.30 p.m., Staff F put in the code on the door so we can take the residents out to smoke. She stated she thought Staff F was assigned 1:1 to Resident #1. Staff H said, I do not know. I did not see the resident go out the door. I was there as the residents were going out to smoke. Sometimes he doesn't have cigarettes and that makes him anxious. He did not have cigarettes that day, he just walked around the outside, he was pacing. All the time he says he wants to leave the facility. I try to encourage him, I check to see what he needs, I get him a snack. Staff H stated when the resident paces during smoke breaks, she notifies the Unit Manager. She stated the Unit Manager comes out to stop him from getting upset and calms him down. Staff H stated the resident has tried to leave before. She stated he jumped the fence and was brought back. Staff H stated the resident is always pacing looking for an opportunity to get out. Staff H said, he wants to leave all the time. Even at the 10:30 a.m. break on 1/25/23, he was pacing. He was waiting for the moment to escape. She said, I didn't say anything to the Unit Manager because it is his normal behavior. Everyone knows he is pacing because he wants to leave. Staff H stated after the code silver was called, she stayed at the facility looking for the resident. We looked everywhere for him. We did not find him. Staff H said, what went wrong was we did not know who was taking the 1:1 assignment. She stated they do not conduct rounds every two hours in the secured unit, because someone is always in the common areas and the residents are independent.
On 1/31/23 at 10:38 a.m., an interview was conducted with Staff G, CNA. He stated he was working the day Resident #1 eloped from 400. He stated he had been assigned to the resident as his 1:1 during the 10:30 a.m. smoke break. Staff G said, He did not say we wanted to leave. He was walking around the courtyard, like he always does. Staff G stated he was not sure who was supposed to be assigned to him during the 12:30 p.m. smoke break. Staff G stated he was giving another resident a shower when Resident #1 eloped. He stated two CNAs take the smoke task and one of them is supposed to supervise the resident 1:1.
On 1/31/23 at 12:00 p.m., an interview was conducted with Staff I, Registered Nurse (RN). Staff I confirmed she was the Nurse assigned to Resident #1 the day he eloped on 1/25/23. Staff I said, I was doing blood pressure checks for the afternoon blood pressure medications between 1p.m. and 2 p.m. I noticed he was not in the room. The bathroom door was closed. I left the room, gave him a couple minutes. I knocked on the door again, there was no answer. When I did not find him in the room, I asked the CNAs to help locate him. We started looking inside the unit. We verified he was not there. I got the Unit Manager. He started looking everywhere. He couldn't find him, so he called code silver. Staff I stated prior to the elopement she was aware Resident #1 was supposed to have 1:1 supervision when he was outside smoking. She stated that day she saw two CNAs go outside smoking. She said, I did not know who was assigned his 1:1. It is usually written on the board so the CNA would know who is assigned. That day it was not listed, so they did not know. Staff I stated she thought the CNAs should check on him at least every 2 hours. Staff I stated, Someone should have looked for him. She stated she thought he went outside with everyone else during smoke break, even though he did not have cigarettes. Staff I stated the resident gets anxious when he is cigarette seeking. She stated she was aware he was at risk of elopement. She was told he needs to be eyes on when outside. The problem was that no one watched him specifically.
On 1/31/23 at 10:06 a.m., an interview was conducted with Staff S, RN Unit Manager. He stated Resident #1 liked to stay in his room, He doesn't like crowds and when he is outside, he keeps to himself. He stated on 1/25/23 he was working because he manages both units on 400 hall. He stated around 2 p.m., the nurse (Staff I) reported she could not find the resident. Staff S said, I told her to check everywhere. I went and verified he was nowhere to be found. I called code silver. We couldn't find him anywhere. We notified the administration and started neighborhood search. Staff S stated prior to this elopement, Resident #1 attempted to leave the facility. It was sometime in September. Staff S said, He was outside smoking, I guess staff did not notice right away. We saw him on the camera at the back of the building on the inside of our fenced area. He jumped one gate. He said he jumped the fence. A maintenance person saw him and brought him inside. We assessed him he had no injuries. Staff S stated after the incident, their correction plan was for him to be put on 1:1 supervision when outside smoking. He stated they notified psych. He stated since then, when he goes outside, he is supposed to be eyes on. On 1/25/23, he was supposed to be on a 1:1. Staff S stated he reviewed the camera footage after he left on 1/25/23 and saw on the video one CNA opened the door and the other was assisting the other residents. Staff S said, I don't know how, but he snuck behind her. Every day he is assigned a 1:1. The nurse or unit manager selects a CNA to be with him. Typically, we have 3 CNAs and 1 nurse assigned on the unit. Two CNAs take the smoke task, one of them would be the 1:1 with him. Staff S stated 1:1 means be with the resident everywhere they go. Staff S stated the breakdown was with the one who opened the door. They did not keep an eye on the resident. They knew the resident likes to smoke. They should have missed him when they did not see him out there smoking. I guess no one checked his room until the nurse went to get his blood pressure taken around 2 p.m.
On 1/31/23 at 12:25 p.m., an interview was conducted with Resident #1's Physician Assistant- Psychiatry (PA) The PA stated she sees Resident #1 at least monthly. She stated she met with the resident when he returned from the elopement incident. The PA stated the resident reported during the visit he wanted to leave and did not want to be at the facility. The PA said, He stated he went to another facility to meet with a friend. He said he walked out there, he did not say where specifically or what he did overnight. He was oriented. She stated during previous sessions, he had not stated he wanted to leave, at least not anything out of the norm. Everyone in a secured unit would want to leave. The PA said, If anybody is going to leave, it will be him. He is oriented to person and place. She stated his PCP (primary care physician) thinks he has delusions and is under some psychosis and is recommending a medication change. She stated staff had not notified her that the resident wanders or if he is continually stating he wants to leave. The PA said, I think [Resident #1] is smart. He will find a way to leave if he wants to.
On 1/30/23 at 1:52 p.m., review of the facility's camera system was conducted. (A copy of the footage was obtained). Camera #1 showed on 1/25/23 at 12:53 p.m. Resident # 1 was walking behind other residents as they ambulated/propelled themselves towards the glass door. The resident was wearing a pair of blue jeans and a black jacket. A staff member is noted holding the door open. The resident walked past this staff member (later identified as Staff H) and proceeded to the right of the building. The other residents are observed proceeded to the smoking patio as Staff H holds the door. As he turns to the right of the building, Resident #1 disappears from the camera's view. Staff F could be seen at the edge of the footage as numerous residents went out to smoke. She is observed bending towards a resident in a wheelchair. Camera #2 showed the resident at 12:54 p.m. at the back of the facility's building walking towards 15th street. The resident was no longer on the property. The resident is observed walking in the middle of the road, to the right of a white car parked off the street. The resident is observed removing his jacket, turned, and looked back at the building, and then proceeded to his right. The Nursing Home Administrator (NHA) stated he turned right on 15th street, which connects MLK (Highway 574) and Hillsborough (Highway 92). It was unclear where the resident went after that. The vicinity was noted with multiple side streets that interconnect to both highways.
On 1/31/22 at 2:03 p.m., an observation was made of the area between the facility and the bus station. [TRUNCATED]
CRITICAL
(J)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Immediate Jeopardy (IJ) - the most serious Medicare violation
Accident Prevention
(Tag F0689)
Someone could have died · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, review of medical records, facility policies, and interviews with facility staff and a family member, the...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, review of medical records, facility policies, and interviews with facility staff and a family member, the facility failed to provide supervision to one (Resident #1) of three residents sampled for high-risk of elopement.
Resident #1 was severely cognitively impaired, ambulatory, repeatedly expressed a wish to leave the facility and had attempted to leave the facility before January 25, 2023. Resident #1 was assessed to be an elopement risk and was care planned to have 1 to 1 supervision when smoking. On January 25, 2023, Resident #1 was able to exit the facility unbeknownst to staff and was found 2.9 walking miles from the facility 44 hours later.
The resident whose diagnoses included dementia suffered the likelihood of harm, due to the potential for wandering into on-coming traffic along busy streets, being hit by a vehicle causing injury or death. Resident #1 had history of falling and could have fallen on uneven sidewalks. The resident had no means to obtain food, water or shelter for the time he was absent from the facility creating the likelihood for dehydration, and/or harm from exposure to the elements.
This resulted in the findings of Immediate Jeopardy starting on 1/25/2023. The immediacy was removed on 2/01/2023 after verification of the implementation of removal action(s). The scope and severity was reduced to a D (no actual harm with potential for more than minimal harm).
Findings included:
Review of Resident #1's admission record revealed an initial admission date of 8/24/22 and a returned date of 1/27/23. Resident #1 was admitted to the facility with diagnoses that included Dementia unspecified severity without behavioral disturbance, psychotic disturbance and anxiety, muscle wasting and atrophy, weakness, unsteadiness of the feet, Wernicke's encephalopathy, seizures, chronic obstructive pulmonary disease (COPD) Dementia, alcohol abuse, bipolar disorder, acute and chronic respiratory failure, and a history of repeated falls.
Review of a quarterly Minimum Data Set (MDS) dated [DATE], section C, cognitive patterns showed Resident #1 had a Brief Interview for Mental Status (BIMS) score of 5, indicating severe cognitive impairment. Section G, functional status, under F. Locomotion off unit - how resident moves to and returns from off-unit locations, showed the resident required supervision with one person assist. G0300 Balance during transitions and walking showed the resident was coded 1, not steady, but able to stabilize without staff assistance. Section N, medications showed the resident received antipsychotic, antianxiety and antidepressant medication 7 days a week.
Review of a care plan for Resident #1 dated 8/24/22, revealed an elopement risk focus, indicating Resident #1 is at risk for elopement. The goal section showed the resident will not exit the facility without staff knowledge, or appropriate supervision. Interventions included: 1:1 supervision indefinite at all times, complete required information on elopement risk identification information sheet, if the resident is wandering offer frequent rests and snacks if indicated, secured unit, refer to psychological services as needed, diversional activities. Further review of the care plan revealed Resident #1 was a current smoker, with a goal to remain safe while smoking. Interventions included to observe for smoking safety through observation and interview and supervised smoking at all times.
Review of a document titled, order summary report, date range: 11/01/22 to 01/31/23, showed Resident #1 did not have physician orders in place related to supervision prior to the elopement occurring on 01/25/23.
Review of a document titled, elopement-v 2, dated 8/24/22, showed the following: 1. Is this resident confused? Yes 2. Resident is ambulatory or mobile (walker, wheelchair/chair) Yes. 3. Is question 1 and question 2 both Yes? Activate elopement interventions as follows: Educate staff that the resident is now an elopement risk, place picture in elopement book, update the orders care plan and Kardex and notify supervisor-document in the medical record.
Review of a document titled, Elopement Risk, dated 9/1/22, showed Resident #1 had a diagnosis of dementia, was cognitively impaired, confused and was independently mobile. The document showed, resident has history of elopement, desires to leave facility, verbalizes desire to leave facility such as, I don't want to stay here, how do I get out of here, I'm looking for my sister, exit seeking, wandering, looking out of/trying to open windows, loitering by exit doors/or attempting to open exit doors. The resident is assessed as an elopement risk.
On 2/1/23 at 12:17 p.m., a telephone interview was conducted with Resident #1's family member. She stated she was notified Resident #1 left the faciity on 1/25/23. She stated they said he walked out the door, climbed up a fence and left the facility. She stated no one saw him leave and they did not know where he was for a couple of days. The family member stated she received a phone call from a stranger at the bus station who was trying to buy him (Resident #1) a bus ticket to get to Maryland. The phone call was received on 1/27/23 in the morning. The family member stated the resident was a severe alcoholic with a wet brain (Wernicke-Korsakoff syndrome (WKS), is a brain disorder related to the acute and chronic phases of a vitamin B1 deficiency, a common complication of long-term heavy drinking) due to falling and hitting his head many times. She stated he always runs away from facilities wanting to get back to Maryland. The family member said, they [facility] knew he was at risk for elopement. I have discussed his history with the Social Services Director (SSD). They should have known he is flight risk. The family member stated she was not anticipating moving the resident to Maryland because the family is not able to take care of him.
On 1/30/23 at 10:30 a.m., an interview was conducted with Resident #1. The resident was observed in the fenced courtyard outside the 400 secured hall, smoking a cigarette. The resident was with his 1:1 aide, Staff E, Certified Nursing Assistant (CNA). Resident #1 expressed frustration with his placement and his desire to leave the facility. The resident said, I want out of here. I am mad the police brought me back here. I do not want to be here. This is not my destination. I was trying to get to Baltimore, Maryland. Resident #1 stated on the day he eloped (1/25/23), I walked out of that gate, no, I did not jump. I don't remember jumping a fence like everyone is telling me. There was no staff here. Everyone had just walked outside to smoke their cigarettes. I got to that gate [pointing to a six-foot gate in the middle of the courtyard] and walked out. I proceeded to the other one over there [pointing to another six-foot gate] I hopped that thing. The next thing you know I was on the other side, I walked to the bus station, not too far from here, probably a mile or two. I got up the road and the police brought me back. The resident stated he did not take any belongings when he left. He stated he was gone for about a whole day. The resident could not confirm where he went or where he spent the night. Resident #1 said, I want out of here. I am wasting space, someone else could use the bed. My family won't come and get me. I want to leave. I just don't want the cops getting me again. Resident #1 stated he would try and leave the facility again. He stated he just needed a bus ticket to get to Maryland. The resident stated if he was to leave again, he would jump the fence. Resident #1 said, I am a tall guy, that small fence is nothing. The resident stated he wanted to go to Maryland because there is a job waiting for him.
On 1/30/23 at 1:57 p.m., a telephone interview was conducted with Staff F, CNA. Staff F stated she was working the day Resident #1 eloped. She said, I was working that day. I was passing the cigarettes as the residents were going out to smoke, I was standing by the nurse's station. One of my residents asked me to help him. When my resident asked for help, I turned to grab gloves and continued to help my resident. We were by the exit door. I later viewed the camera and from the camera you can see [Resident #1] walk past me. I did not see him. He walked out and turned the corner right away behind the building. I did not see him. My back was turned. From the camera you can see him sneak behind me. Staff F stated that Staff G, CNA, was supposed to be 1:1 with him, but he was providing resident care. The other CNA (Staff H, CNA) said she would step in to do the 1:1. She was also standing by the door as the residents were leaving to go outside. Staff F stated Staff G had been assigned because they said we needed a man that day in case he jumped over again. Staff F stated the resident had been exit-seeking. Staff F said, I saw him attempting to leave the day before. I was in room [ROOM NUMBER] and as I looked outside the window, I saw him pulling on the gate, he was banging on the gate as he was climbing. I yelled at [Staff G, CNA] assigned to him. He pulled him back and brought him inside. Staff F stated Resident #1 had tried to leave three times before, the 4th time he left. She stated the incidents were reported to the unit manager. Staff F said, They all knew it. He was trying to jump on the fence. The first time he got out is when they should have fixed the fence. It was sometime in September. They should have made the middle fence area higher. Everyone knew he wanted to leave. The CNA stated on the day he eloped; she could tell earlier in the day he was anxious because he was pacing. Staff F said, you can see it on the camera. You can see him looking around the room. She stated she participated in the search. They looked everywhere in the facility and outside. Staff F stated she gave a statement and told them she did not see him because she was busy with her resident.
On 01/30/23 at 10:29 a.m., an interview was conducted with the SSD. She stated she worked with the residents in the 400 unit, a behavioral unit where Resident #1 resided. She stated there was a code on the door to get in and out of the unit. Residents do not have these codes. The SSD confirmed Resident #1 was admitted to the facility because he had potential to wander. She said, He is not safe without supervision. He was placed on the secured unit from day one, because of wandering. The SSD stated she spoke to the family member and was alerted to his history. She stated the family member reported that he kept escaping from other facilities and there were not enough staff to keep him safe there. The SSD said, He has wandered while here. He has tried to go out through the back of the facility. He tried to climb the fence to get away. Every once in a while, he attempts a move, he is an alcoholic, he wants to drink, and he said he was seeking alcohol. She stated nursing staff assess residents for risk of wandering. She stated Resident #1 had not had any previous elopements attempts that she knew of, besides trying to jump the fence. She said, He did not go far. He was brought back before he could go off premises sometime in
Review of a document titled psychosocial history and assessment, dated 8/31/22, showed Resident #1 had a psychiatric diagnosis and was being treated with psychotropic medications for bipolar disorder. The resident was unable to state his goals and will remain a long-term care resident of the facility. His memory and cognition were noted not intact and are severely impaired.
Review of a progress note dated, 9/1/22 showed, during the smoke break time resident went to the back of the building and climbed over the fence. The resident could not be located on 09/01/22 at 1:27 p.m. The missing person action plan was initiated. The following took part in the search of the resident inside and outside the property. Nursing staff reviewed the LOA (leave of absence) book to determine whether or not the resident signed out. It is noted when last seen, the resident was wearing the following T-shirt and grey pants. The resident was last seen in the smoking area on 9/1/22 at 1:20 p.m.
Review of a document titled, Psych Note, dated 9/8/22, showed Resident #1 was seen for psychiatric follow-up and medication management at the request of staff. The document showed reportedly last week patient left the facility and eloped via scaling over fences. He was found and returned to the facility without conflict or combativeness. Family reports he has a history of climbing fences, he was uninjured in the events. He is seen today on the memory care unit, states that he would like to go home, but he is a poor historian unable to provide many details of the event).
A progress note, dated 9/13/22, showed, IDT (interdisciplinary) meeting in regard to resident needing a 1:1. Resident will remain on 1:1 at smoking times.
Review of a document titled, Psych Note, dated, 9/15/22, showed, he is now only on 1:1 supervision when out for smoking due to history of elopement attempts.
Review of an ARNP nursing home progress note, dated 9/22/22, showed the resident was seen in his room in secured unit. He remains on 1:1 during smoke breaks due to elopement risk. The assessment plan showed, he requires 1:1 when out on smoke breaks . locked unit, continue current medications.
Review of a social services note for Resident #1 dated 10/5/22 showed the SSD spoke to Resident #1's family member who stated the resident was in an assisted living facility previously and he had too much freedom to wander out and she feared he would get hurt by traffic.
Review of a social services note dated 10/18/22, the SSD spoke to Resident #1's family member. The family member wanted him placed in a nursing facility; she had declined assisted living placement. Family member stated, He has too much freedom in an assisted living and can leave the facility and get hurt.
Review of a nursing home progress note for Resident #1, by the Advanced Registered Nurse Practitioner (ARNP), dated 11/17/22, showed, resident was seen for vascular dementia with agitation, resident was outside in smoking area, he began pacing and looking at the road yelling, I want to leave this place. he became verbally abusive towards staff.
A progress note dated,11/17/22, showed: writer was notified by CNA [smoke aide] that while out smoking, resident was pacing close to the fence and looking at the road. When CNA tried to get closer to the resident just in case, he tried to jump the fence, resident became nervous and verbally aggressive and telling everyone .I want to leave this place now and I want to go to Baltimore where my daughter is.
Review of a psych note for Resident #1 dated 12/20/22 showed, the resident felt more agitated more than usual with the holidays. He continues to have persistent insomnia.
A progress note dated 1/8/23 showed Resident #1 was confused, and to activate elopement interventions.
Review of a social services progress notes dated 01/25/23 at 3:02 p.m., showed the SSD called the resident's family member at 3.p.m. this afternoon to see if she has seen or heard from [the resident], but she did not pick up. Message left in her voicemail informing her the facility is currently looking for him .
Review of a progress note dated 1/27/23, showed the resident returned to the facility, admitting diagnosis listed, Risk for elopement.
Review of Resident #1's psychiatry note dated,1/27/23 showed the resident has a history of depression, dementia with behavioral disturbance seen for psych evaluation. Patient was reported missing from the facility on 1/25/23. Authorities found the patient at the bus stop on 1/27/23. He was assessed and cleared at the hospital and returned to the facility. He stated I just walked out the gate when questioned about how he left the facility. He stated that he went to another facility to visit a friend. He is oriented to person . He continues to have persistent insomnia. Patient is a flight risk. Continue 1:1 surveillance until further notice.
On 1/31/23 at 10:59 a.m., an interview was conducted with Staff H, CNA. She confirmed she was working the 400 secured unit when Resident #1 eloped. She stated at 2 p.m., the nurse went to give him medications or something and she could not find him. She said, I last saw him at the previous smoke break at 10:30 a.m. That was the last time. He was with Staff G. Around 12.30 p.m., Staff F put in the code on the door so we can take the residents out to smoke. She stated she thought Staff F was assigned 1:1 to Resident #1. Staff H said, I do not know. I did not see the resident go out the door. I was there as the residents were going out to smoke. Sometimes he doesn't have cigarettes and that makes him anxious. He did not have cigarettes that day, he just walked around the outside, he was pacing. All the time he says he wants to leave the facility. I try to encourage him, I check to see what he needs, I get him a snack. Staff H stated when the resident paces during smoke breaks, she notifies the Unit Manager. She stated the Unit Manager comes out to stop him from getting upset and calms him down. Staff H stated the resident has tried to leave before. She stated he jumped the fence and was brought back. Staff H stated the resident is always pacing looking for an opportunity to get out. Staff H said, he wants to leave all the time. Even at the 10:30 a.m. break on 1/25/23, he was pacing. He was waiting for the moment to escape. She said, I didn't say anything to the Unit Manager because it is his normal behavior. Everyone knows he is pacing because he wants to leave. Staff H stated after the code silver was called, she stayed at the facility looking for the resident. We looked everywhere for him. We did not find him. Staff H said, what went wrong was we did not know who was taking the 1:1 assignment. She stated they do not conduct rounds every two hours in the secured unit, because someone is always in the common areas and the residents are independent.
On 1/31/23 at 10:38 a.m., an interview was conducted with Staff G, CNA. He stated he was working the day Resident #1 eloped from 400. He stated he had been assigned to the resident as his 1:1 during the 10:30 a.m. smoke break. Staff G said, He did not say we wanted to leave. He was walking around the courtyard, like he always does. Staff G stated he was not sure who was supposed to be assigned to him during the 12:30 p.m. smoke break. Staff G stated he was giving another resident a shower when Resident #1 eloped. He stated two CNAs take the smoke task and one of them is supposed to supervise the resident 1:1.
On 1/31/23 at 12:00 p.m., an interview was conducted with Staff I, Registered Nurse (RN). Staff I confirmed she was the Nurse assigned to Resident #1 the day he eloped on 1/25/23. Staff I said, I was doing blood pressure checks for the afternoon blood pressure medications between 1p.m. and 2 p.m. I noticed he was not in the room. The bathroom door was closed. I left the room, gave him a couple minutes. I knocked on the door again, there was no answer. When I did not find him in the room, I asked the CNAs to help locate him. We started looking inside the unit. We verified he was not there. I got the Unit Manager. He started looking everywhere. He couldn't find him, so he called code silver. Staff I stated prior to the elopement she was aware Resident #1 was supposed to have 1:1 supervision when he was outside smoking. She stated that day she saw two CNAs go outside smoking. She said, I did not know who was assigned his 1:1. It is usually written on the board so the CNA would know who is assigned. That day it was not listed, so they did not know. Staff I stated she thought the CNAs should check on him at least every 2 hours. Staff I stated, Someone should have looked for him. She stated she thought he went outside with everyone else during smoke break, even though he did not have cigarettes. Staff I stated the resident gets anxious when he is cigarette seeking. She stated she was aware he was at risk of elopement. She was told he needs to be eyes on when outside. The problem was that no one watched him specifically.
On 1/31/23 at 10:06 a.m., an interview was conducted with Staff S, RN Unit Manager. He stated Resident #1 liked to stay in his room, He doesn't like crowds and when he is outside, he keeps to himself. He stated on 1/25/23 he was working because he manages both units on 400 hall. He stated around 2 p.m., the nurse (Staff I) reported she could not find the resident. Staff S said, I told her to check everywhere. I went and verified he was nowhere to be found. I called code silver. We couldn't find him anywhere. We notified the administration and started neighborhood search. Staff S stated prior to this elopement, Resident #1 attempted to leave the facility. It was sometime in September. Staff S said, He was outside smoking, I guess staff did not notice right away. We saw him on the camera at the back of the building on the inside of our fenced area. He jumped one gate. He said he jumped the fence. A maintenance person saw him and brought him inside. We assessed him he had no injuries. Staff S stated after the incident, their correction plan was for him to be put on 1:1 supervision when outside smoking. He stated they notified psych. He stated since then, when he goes outside, he is supposed to be eyes on. On 1/25/23, he was supposed to be on a 1:1. Staff S stated he reviewed the camera footage after he left on 1/25/23 and saw on the video one CNA opened the door and the other was assisting the other residents. Staff S said, I don't know how, but he snuck behind her. Every day he is assigned a 1:1. The nurse or unit manager selects a CNA to be with him. Typically, we have 3 CNAs and 1 nurse assigned on the unit. Two CNAs take the smoke task, one of them would be the 1:1 with him. Staff S stated 1:1 means be with the resident everywhere they go. Staff S stated the breakdown was with the one who opened the door. They did not keep an eye on the resident. They knew the resident likes to smoke. They should have missed him when they did not see him out there smoking. I guess no one checked his room until the nurse went to get his blood pressure taken around 2 p.m.
On 1/31/23 at 12:25 p.m., an interview was conducted with Resident #1's Physician Assistant- Psychiatry (PA) The PA stated she sees Resident #1 at least monthly. She stated she met with the resident when he returned from the elopement incident. The PA stated the resident reported during the visit he wanted to leave and did not want to be at the facility. The PA said, He stated he went to another facility to meet with a friend. He said he walked out there, he did not say where specifically or what he did overnight. He was oriented. She stated during previous sessions, he had not stated he wanted to leave, at least not anything out of the norm. Everyone in a secured unit would want to leave. The PA said, If anybody is going to leave, it will be him. He is oriented to person and place. She stated his PCP (primary care physician) thinks he has delusions and is under some psychosis and is recommending a medication change. She stated staff had not notified her that the resident wanders or that he is continually stating he wants to leave. The PA said, I think [Resident #1] is smart. He will find a way to leave if he wants to.
On 1/30/23 at 1:52 p.m., review of the facility's camera system was conducted. (A copy of the footage was obtained). Camera #1 showed on 1/25/23 at 12:53 p.m. Resident # 1 was walking behind other residents as they ambulated/propelled themselves towards the glass door. The resident was wearing a pair of blue jeans and a black jacket. A staff member is noted holding the door open. The resident walked past this staff member (later identified as Staff H) and proceeded to the right of the building. The other residents are observed proceeded to the smoking patio as Staff H holds the door. As he turns to the right of the building, Resident #1 disappears from the camera's view. Staff F could be seen at the edge of the footage as numerous residents went out to smoke. She is observed bending towards a resident in a wheelchair. Camera #2 showed the resident at 12:54 p.m. at the back of the facility's building walking towards 15th street. The resident was no longer on the property. The resident is observed walking in the middle of the road, to the right of a white car parked off the street. The resident is observed removing his jacket, turned, and looked back at the building, and then proceeded to his right. The Nursing Home Administrator (NHA) stated he turned right on 15th street, which connects MLK ([NAME] King, Highway 574) and Hillsborough (Highway 92). It was unclear where the resident went after that. The vicinity was noted with multiple side streets that interconnect to both highways.
On 1/31/22 at 2:03 p.m., an observation was made of the area between the facility and the bus station. The resident turned right on 15th street. The sidewalks along 15th street were uneven, with cracked cement terrain on both sidewalks, and the road itself was rough with broken and cracked surfaces. A speed limit of 30 miles per hour was posted on 15th street, which proceeded to two highways, MLK (Highway 574) and Hillsborough (Highway 92). The two multiple lane highways had speed limits between 40 and 45 miles/hour. The roads were observed to have a constant flow of traffic. The facility reported in their investigation timeline, the resident was last seen on 1/25/23 at 3 p.m. by a store clerk at a local liquor store. Review of the travel route from the facility to (name of store) liquors on 1/25/23 revealed the resident traveled for about one hour, a walking distance of 2.7 miles via 15th street. The store is located on North Nebraska Avenue, also known as Highway 45, which has a speed limit between 40-45 miles/hour. The resident had to cross MLK/Highway 92 to get from the facility to the store. Highway 92 was observed with a heavy traffic flow at the 3 p.m. hour. https://www.[NAME].gov/document/speed-limit-map-26286
On 1/27/23 at 8:56 a.m., Resident #1 was located by a bystander at a Greyhound bus station in [NAME], located approximately 2.9 walking miles from the facility. Resident #1's whereabouts remains unknown from the last camera footage observation on 1/25/23 at 12:54 p.m., or the 3 p.m. citing at the liquor store, to the date he was located on 1/27/23 at 8:56 a.m.
Review of weather history in [NAME] area during the 3-day elopement period, 1/25/23 to 1/27/23 revealed large temperature changes from day time and night time hours as follows:
January 25, 2023, Max temp: 80 degrees Fahrenheit. Minimum temp: 64 degrees
January 26, 2023, Max temp: 63 degrees Fahrenheit. Minimum temp: 55 degrees
January 27, 2023, Max temp: 64 degrees Fahrenheit. Minimum temp: 48 degrees
[NAME], FL Weather History | Weather Underground (wunderground.com)
On 1/30/23 at 10:45 a.m., an interview was conducted with Staff K, CNA, observed providing 1:1 supervision to Resident #1. She stated the resident had been plotting the escape. She said, I saw this coming; I work with him a lot. He was studying the fence area and the staff's movement. He did not say he was going to leave, but he had been pacing the courtyard. She stated earlier today, he threatened to leave again. Staff K stated the resident stated if the family does not come and get him, he will leave. Staff K said, he said he will jump the fence. That is why we are watching him 24 hours. The CNA stated there is supposed to be two CNAs when the residents go out to smoke. She stated there were two of them that day and they were both suspended. She stated on that day, she was not working, but she heard the resident distracted the CNAs, and as they were pushing the dependent residents outside, he snuck to the side of the building and left. Staff K stated the resident was gone overnight, but he could not remember where he was. She stated the resident has dementia and is confused.
On 1/30/23 at 10:54 a.m., an interview was conducted with Staff M, CNA. He stated he normally worked in the secured unit, but he did not work the day the resident eloped. He stated the unit is secure and only way a resident can get to the fenced courtyard was if they were buzzed out by a staff member. He showed a control box at the desk in the nurse's area and said, Someone has to enter the key code here to allow access in and out of the unit. He stated they take the residents out to smoke every two hours and there is supposed to be two staff. He said, The expectation is to make sure all the residents get back inside. You have to look and make sure no one is left behind. I don't know that they looked. Staff M stated since the elopement Resident #1 was on a 1:1 supervision 24 hours.
On 1/30/23 at 11:01 a.m., an interview was conducted with Staff R, Assistant Director of Maintenance. He conducted a tour of the presumed route Resident #1 may have taken. He stated he was not at the facility that day, but staff said the resident climbed the fence. He stated the only way he could have left the facility was through the back door of the secured unit. He stated all other exits have cameras pointing to the exterior doors. The exterior doors are alarmed; they also have a wander guard alarm system. He stated, Resident #1 is a tall guy, and he could easily jump the gate. He stated the gate is always locked, and the only time it is opened is when they have to let in the yard people to cut the grass. He stated on those days, they make sure there is a spotter watching the gate area when the gate is unlocked. During the tour the gate was observed secured with a chain link with two padlocks. Staff R stated there was a small gate behind the enclosed picnic area where he could have snuck behind to avoid the view of the camera by the East exit. Staff R stated that gate is short, about 6 feet tall, and he could easily jump that. The area was observed with overgrown bushes. The courtyard was also observed with another 6-foot gate which the resident may have jumped over.
On 1/30/23 at 11:15 a.m., an interview was conducted with the Director of Maintenance (DOM). He stated he was in charge of the facility's security. He stated they conduct rounds to make sure the facility's entrances are secure on both exterior doors and gates. The DOM stated the only way the resident may have left the facility would have been to climb over the gate. He stated the staff should have been supervising him. He stated they have added a second padlock to the gate, and they would be flipping the gate around so the bar that he stepped on will be on the outside. He stated they are obtaining quotes for a fence to better secure the courtyard.
On 01/31/23 at 3:19 p.m., an interview was conducted with the NHA and the Director of Nursing (DON). The DON said, For the incident on 9/1/22, the resident went to the smoking area. He was not on a 1:1 at the time and he climbed the fence. A maintenance staff saw him and stopped him. Our response to the incident was to put him on a 1:1; mirrors went up in the back courtyard to assist with the monitoring. We updated the care plan to include 1:1 supervision during smoking time, and updated Kardex. The DON stated she could not recall retraining the staff. She stated upon hire the CNAs are taught how to read the Kardex and if there are any concerns the nurse is to be notified. The NHA said, Every staff member knew he was [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
Deficiency F0699
(Tag F0699)
A resident was harmed · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on resident interview, staff interview, physician interview, record review, and hospital record review the facility failed...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on resident interview, staff interview, physician interview, record review, and hospital record review the facility failed to ensure one resident (#2) out of 3 residents reviewed for trauma informed care received the services to mitigate triggers and prevent re-traumatization related to a facility staff member physically abusing Resident #2 on 4/30/22. Resident #2 was retraumatized on the evening of 12/28/22 when a male caregiver was providing care to Resident #2's roommate and Resident #2 believed the staff member was the same staff member who abused him. This event resulted in Resident #2 being transferred to a hospital under a state Involuntary confinement Act on 12/29/22 due to increased paranoia, fear of being attacked, and suicidal ideations with a plan to hang himself and then returning from the hospital on antipsychotic medication.
Findings included:
An interview was conducted with Resident #2 on 1/30/23 at 10:30 a.m. The resident was observed to be in the hallway next to the nurse. He was in his wheelchair with a hand splint on his left hand and forearm and his left leg placed on the wheelchair footrest. He self-propelled himself into his room using his right leg. The resident stated these 3 men keep coming through my window and smoking and laughing at me it's hard to see them because it's dark in my room and they wear dark clothes and are black. I think they are going to hurt me, but they haven't hurt me yet they just keep smoking cigarettes and laughing at me. But, about 5 months ago my roommate in B bed, who isn't here anymore put on his call light and it took a long time and he kept pushing and pushing and pushing the button, finally this CNA [Certified Nursing Assistant] came in and he was being really nasty to my roommate and I said to him hey man, come here listen my friend has back problems and is in pain he needs pain medication and the CNA said who the f*** are you and I said I am his friend and I am your friend he just needs help. I was laying in my bed and then he grabbed my bad arm, my left arm, and was pulling me and pulling me and I was trying to reach my call light. When I would get it to call for help, he would take it away from me. He pulled me onto the floor I grabbed the arm of the wheelchair, but he climbed on top of me and punched me 8 times in the chest and once in my eye and once in my head and he was kneeing me in my balls. I was yelling so loud, and I know the nurse was maybe 500 feet away from me. She told the police she didn't hear anything but how could she not of heard me when she was the one who came in and pulled the guy off of me and she said to him I don't want you here no more, get out! Then he grabbed me by my pants and flung me back into the bed I almost hit the wall with my head, and I had a surgery on my head a long time ago and I thought I was going to hit it on the wall. I was getting so mad every time he hit me, and I tried to hit him back but I didn't have the strength because I was just in the hospital for 9 days before that. [Staff B, Registered Nurse [RN]] was the nurse that night. [Staff B] got 2 supervisors to come in. My chest was bruised, and they took x-rays and I went out to the hospital I'm not sure what happened. But I still have pain today in my chest and I was on pain medications for 2 months. It is getting better but it still hurts. I had come back from the hospital the day before because I had lasers done to break up a kidney stone and then I come back here and get beat up. That's not right. I was bleeding from my penis, but I don't know if that was from him kneeing me in the balls or from the lasers I'm not sure. [Staff A, RN] the nurse came and checked me out and she will tell you. I had never seen that CNA before and I think I saw him the next day too, but he did not take care of me. But he should be in jail he should not be here they did terminate him though and I haven't seen him since. Anyone who comes in here I start shaking because I'm afraid he is going to come back he should be in jail for what he did.
Review of Resident #2's admission record revealed he was initially admitted to the facility on [DATE] then readmitted on [DATE] from an acute care hospital. His diagnosis included but are limited to Hemiplegia hemiparesis following cerebral infarction affecting left non-dominant side, reduced mobility, Alzheimer's disease, dementia, Major depressive disorder, recurrent, generalized anxiety disorder. Further review of the admission record revealed the resident also diagnosed with schizoaffective disorder with an onset date of 1/6/23, unspecified psychosis not due to a substance or known physiological condition with an onset date of 1/6/23 and Suicidal ideations with an onset date of 1/6/23.
Review of Resident #2's Minimal Data Set, Section C, Cognitive Patterns, dated 1/11/23 revealed a brief interview for mental status score of 14 out of 15 indicating the resident is cognitively intact.
An interview was conducted with Staff A, RN on 1/30/23 11:10 a.m. she said I have worked here for 22 years. I am very familiar with [Resident #2]. The incident that happened with him was interesting because when I first looked at him after he told me what happened I did not see anything on his skin. He told me the CNA hit him in his chest and other places, but I can't exactly remember where else, but he did tell me he hit him in more than one place. At first, I didn't see anything, but he kept rubbing his chest and having pain. I got him some pain medications and had the doctor order a chest Xray and then we sent him out to have a CT scan, that did not show any impact. I think the incident happened on a Saturday and I don't work Saturday and Sundays or if I do, I don't work on my usual unit. But [Staff B, RN] was working that evening and she usually keeps her med [medication] cart right outside of his room when she passes medication. The CNA who worked that evening I had not worked with him because he worked the 3:00p.m.-11:00p.m. shift but when I would see him at change of shift. He was quiet, he is an older man I would say close to 60 and he was African American. He would help me lift residents up in bed or transfer them back into the bed and I did not have any concerns with his care, he was just quiet and would help when I would ask him. He never came back after that incident. I don't think he came back the next day, they followed the protocol. [Resident #2] has had hallucinations about 3 men crawling into his window and smoking and laughing at him. I called psych to come and see him and told them we should get a UA [urinalysis] and labs because you know sometimes if they have a UTI [urinary tract infection] they will have hallucinations or if their hemoglobin is low they aren't getting enough oxygen to their brain so they will hallucinate. But nothing was positive because you have to look at the clinical aspect before putting the resident on medications. Psych did put him on medications and then he became depressed and told me he wanted to kill himself. Immediately I called psych and they came that same day and he admitted to them that he wanted to kill himself and he planned to do it that day. He was Involuntarily Conficned (Baker Acted) and they started him on another medication, and he will still have some hallucinations, but it is much better now. Honestly, these hallucinations started before the incident with the CNA. He used to be on Depakote and risperidone, and he was doing well on them, then he was a candidate to ween off the medications, so he was weaned off and it wasn't till about 8-9 months later did he start to have the hallucinations.
A phone interview was conducted with Staff B, RN was conducted on 1/30/23 at 1:16p.m. she said I was familiar with [Resident #2] and the incident with the CNA [Staff J, CNA] .I worked with [Staff J, CNA] on that unit for several months. Before he had worked on other units. He was like any other CNA. If you asked him to do something he would always go do it. He never complained, he was quiet. About 3 weeks ago [Resident #2] said to me that he thought the CNA who was working with his roommate was [Staff J,CNA] and he said to me [Staff J,CNA] is in here working with him (meaning his roommate) and he needs to be in jail, he has been in here for 2 hours smoking and I told him he needs to leave he should be in jail. I explained to [Resident #2] that the CNA was not [Staff J, CNA] it was [Staff D] another CNA.
I wrote a behavior note about this and told the supervisors.
Review of Resident #2's behavior note dated 12/28/22 at 9:34p.m. revealed resident currently in ABT [antibiotics] due to UTI [urinary tract infection]. Today he began to say: In the room there is a black man similar to [Staff J, CNA] who has been smoking in the room for hours. This writer immediately went to the room and verified that the CNA was in the room working, I told to the resident: the CNA is in the room working, and he is not smoking, them [then] the resident began to yell. Everyone wants to kill me. But they can't with me. The supervisor was notified regarding the complaint and the behavior of the resident. The resident was redirected and now resting in bed, calmer.
An interview was conducted on 2/1/23 at 3:12 p.m. with Staff D, CNA he said I have worked here for about a decade. I am part-time and I float to different units. I never had worked with [Resident #2] before this night but he was on the phone when I first did my rounds around 3p.m. he usually goes outside. Then around maybe 5p.m. he was in the hallway and he said I smell cigarettes; I smell cigarettes he thought I was smoking. I told him I don't smoke I have never smoked. He then asked if I was [Staff J] and I told him no. Then I was in the room changing his roommate and he kept saying I smell smoke you are smoking, and I again said no I don't smoke. Then he kept thinking I was [Staff J] and just kept saying you are [Staff J] I tried to tell him I wasn't, but he wouldn't believe me. The nurse must've heard him talking about me being [Staff J] and she came in and told him I wasn't smoking and I wasn't [Staff J] but he wouldn't believe her. He was very upset. So, I ended up trading assignments with another CNA on that unit and the unit manager talked with him. I'm not sure if he calmed down because I did not work with him anymore.
An interview was conducted with Staff C, CNA on 1/31/23 at 5:50 p.m. [Resident #2] is good I just gave him a shower. I was not here the night of the incident with [Staff J] but I do know when I would work, [Resident #2] did not like [Staff J]. [Resident #2] would call him names like monkey and stuff like that. This happened before the incident, he did not like [Staff J].
A combined interview was conducted with Staff B, RN and Staff C, CNA on 1/31/23 at 6:00p.m. Staff B said .Then a few days ago when he thought [Staff D] was [Staff J] I tried to explain to him that is [Staff D] that is not [Staff J]. [Staff D] is not smoking and [Resident #2] said to me you are lying that is [Staff J] you are on his side because you told the police you didn't hear me yelling. You are lying. I went out of the room because he was so mad. I told my supervisor and he came and talked with [Resident #2] and I told [Staff D] come you have to switch with the other CNA who was on shift that night because he thinks you are [Staff J] so I switched the two CNA's assignments so [Staff D] wouldn't take care of him anymore that night.He was sleeping when I finished my shift at 11:00p.m .
During an interview with the Director of Nursing (DON) on 1/30/23 at 2:44 p.m. she said .I know [Resident #2] has said to me that he is still seeing [Staff J], in his room and outside of his window. He will go long periods of not talking about it then he goes through periods where he gets fixated on it and tell everyone about it. About a month ago, he was really paranoid that day, it was actually the day he was [NAME] Acted, so I called [Resident #2's Psychiatrist Physician Assistant (PA-C] saying he is in a panic he kept seeing [Staff J] and you could not tell him otherwise I tried to tell him he was safe, he [Staff J] was not here anymore. [Staff A, RN] went in and tried to talk to him but you could not tell him otherwise and [Resident #2's Psychiatrist] came to see him I think that day and she ended [NAME] Acting him because he was saying he was going to kill himself and you could not bring him back to reality. But he was very cooperative about it though.
An interview with Resident #2's Psychiatrist PA-C was conducted on 1/30/23 at 11:50 a.m. she said I treat [Resident #2], he has Dementia with psychosis which I usually treat with Depakote, because he does not have any psychotic diagnoses just the dementia with psychosis. I just sent him out to the hospital because he had thoughts of killing himself and he came back on olanzapine and the plan is to increase his Depakote and wean him of the olanzapine. She was informed of the residents' statements regarding the 3 men crawling through his window and smoking and laughing and she said, oh is he still talking about them, something must have happened to him? she was also informed of the residents encounter with the abuse of the CNA and she said I can't believe this happened to him, I am shocked. No one told me about this. She asked when the event occurred, and she was informed it occurred on 4/30/22. She said she started at the facility at the end of September. She said psychology followed him back then and she reviewed the psychologist note and stated the psychologist wrote in her notes that he got in an altercation with another resident are we sure it wasn't another resident that did this. She was told it was a CNA. Resident #2's Psychiatry PA-C indicated Resident #2 is relatively oriented sometimes to place and definitely not to the time, but he does have the diagnosis of dementia so if you catch him early in the morning or late at night, he will have sundowners. Sometimes these dementia patients get stuck in a traumatic time. Usually, dementia patients with psychosis I just see as needed. then Staff A, RN said please see him he is falling apart, and he was depressed, and nobody ever told me that happened to him. He usually tells me he sees black figures he's never described them as black people just figures in all black or black entities. I am going to go see him now, I was planning on increasing his Depakote. Staff A is very good I trust her with these patients she knows them very well.
An interview was conducted with Resident #2's Psychologist on 2/1/23 at 1:16 p.m. she stated
I started seeing him [Resident #2] on 5/2/22 for sadness and anxiety and in the moment, he told me the abuse was with another resident then the staff told me it was with another staff member. He has never told me about the 3 black men/figures. He shared his frustration related to his health when the alleged incident happened with the staff member, and he focused a lot during that time related to his pain and anxiety. He likes to go outside, and he doesn't have the energy to do what he wants to do. He perseverates on topics. He will have good days, but he will also have anxious days. He is anxious but he knows when to go and seek the things that calm him down like going outside. He does use the coping skills he likes. He is very pleasant, and he is always open to the session, he is open with me on how is feeling if he is tired he will say I'm tired let's talk next week. I see him bi-weekly.
Further interview was conducted with Resident #2's Psychiatry PA-C on 1/31/23 at 12:16 p.m.
She said .He said he was still seeing those dark figures, but they were being nice to him. it was still a delusion but not a paranoid delusion. It's mild visual hallucinations nothing auditory. I was not involved with his care prior to the incident so it is hard to say that is the cause of his hallucinations but that is a high possibility that the incident with the staff member triggered for him. I did talk to Staff A, RN about the incident that happened with [Resident #2] and his hallucinations because it could've been a trigger for him plus he has been off his Aricept for who knows how long but Staff A, RN told me he had hallucinations before the event occurred and that he had been off his Aricept for a while. I am not sure if his hallucinations before were regarding these men coming from his window or sticking their tongue out to him, but I know now he does see them.
Review of Resident #2's progress note titled encounter dated 5/2/22 written by his psychologist revealed .Chief Complaint: Patient referred for initial mental health assessment due to sadness and anxiety.
History Of Present Illness:
The patient reported feeling anxiety after a recent altercation with another resident.
.Case Conceptualization:
The patient reported feeling pain and anxiety from the recent altercation with another resident. Staff reported that the incident was referred to DCF [Florida Department of Children and Families] and police for investigation. The patient reported that another resident physically assaulted him. He reported feeling nervous and scared.
The patient will benefit from psycho-therapy follow-up to improve coping skills and manage current mood symptoms.
.Short Term Goals:
The patient will understand symptoms and triggers of anxiety The patient will also explore and start using daily coping skills to manage anxiety symptoms.
Long Term Goals: Patient will report decrease of unwanted emotions (depression/anxiety) by implementing a compassionate and flexible approach and development of awareness and acceptance oriented coping strategies. Target date:08/02/22.
.Addendum details: Staff clarified later this day, that the incident reported by the patient was with a CNA, not another resident. Addendum Created Date: 2022-05-18.
Review of Resident #2's progress note dated 12/29/22 at 9:26 a.m. revealed Resident OOB [out of bed] in w/c [wheelchair] as usual however voiced he saw a man in the window smoking and then the man enter to his room last night. Psych eval requested immediately. Resident delusional this am [morning].
Review of Resident #2's psychiatry encounter dated 12/29/2022 revealed
.Visit Type: Crisis intervention
Chief Complaint/Nature of Presenting Problem: Anxiety
History of Present Illness: [Resident #2] is a [AGE] year old male with a history of anxiety, depression, and insomnia who presents today for follow up psychiatric evaluation at [Facility]. Staff requested that the patient be seen due to increase of hallucinations and paranoia. Patient continues to state that he thinks people are going to come through the window and attack him. He endorses that there are other people in the room with us. He describes them as 5 all black men, unable to describe their faces or clothing. He states that they are standing around us. He states I will kill them all and then I will kill myself. He endorses having a plan to hang himself from the doorway. He states I have nothing to live for anymore. I just want to go home. Due to concern of suicidal and homicidal ideation, patient to be [NAME] Acted at this time. Patient agrees to the plan to be transferred to the hospital for mental health evaluation. Will transfer to [Hospital] at this time. Patient to be on 1:1 until EMS [Emergency Medical Service] arrival.
Further progress note review dated 12/29/22 at 11:26 a.m. revealed Resident eval by psych and voiced wishes of suicidal indentation [ideation] with a plan, voiced I have nothing to live for. Resident cont [continue] with increasing paranoia. Order received to transfer resident to [Hospital] for eval and tx [treatment].
Progress note dated 12/29/22 at 11:27 a.m. revealed Resident was place on 1:1 immediately for safety and family aware as resident agree to notify family.
Review of Resident #2's Certificate of Professional Initiating Involuntary Examination dated 12/29/22 revealed .Supporting Evidence Patient continued to be increasingly paranoid. He reports there are five black men in here he fears being attacked and states I'll kill them all. He admits to suicidal ideation. He has a plan to hang himself and states I have nothing to live for.
Review of Resident #2's care plans did not reveal a person-centered care plan that addressed the staff to resident abuse with interventions to decrease triggers for the resident.
Review of Resident #2's medication administration record revealed an order date of 1/6/23 and no stop date for Olanzapine 5mg give 1 tablet by mouth at bedtime for psychosis.
Review of Resident #2's Psychiatry note dated 1/10/23 revealed .History Of Present Illness: . patient arrives from the hospital on olanzapine 5mg, without psychotic diagnosis. Will re-evaluate in 2 weeks for medications changes .
Review of Resident #2's Psychosocial History and Assessment dated 5/5/22 revealed 12. Trauma Informed Care
1.Has the resident ever been diagnosed with PTSD (Post Traumatic Stress Disorder), had a life altering event or life changing event? the answer No was marked.
Further review of Resident #2's Psychosocial History and Assessments dated 11/8/22 and 1/16/22 also revealed the resident was assessed not to have had a life altering event or life changing event.
An interview was conducted with the facility's Social Services Director on 1/31/23 at 1:36 p.m. she stated I have been here for 9-10 years. I do psychosocial assessments on all the residents. We do them annually, quarterly, and with a significant change. We do a brief one when they come back from the hospital. I talk to the resident, and I talk to the family, and we go over what kind of support system they have i.e. family, friend. We look to see if that is still in place. We also get history on education, how they walk, and stuff like that. And we assess them to make sure they can make their needs known and they can talk to us, and we look at their cognition. We look to see that they are responding and verbally telling us for example does your daughter still come to see you and do you want me to reach out to them. We want to make [NAME] they are comprehending what we are asking. We question about past traumas especially with the initial admission. If they say yes, they've have had a past rape it will trigger our psychosocial questions which are more questions that are generated on the form, meaning the psychosocial assessment form. Then psychology and Psychiatry come on board. Some people will have PTSD and we want to know what triggers they have and again that psychosocial form will list those questions to ask. The form will also bring out intervention options. I will have to figure out if that generates a care plan or not.
I am familiar with [Resident #2] I remember the incident between the CNA and [Resident #2] not in detail but I remember it. I was not involved but I was told what happened. I am familiar that he just got [NAME] Acted. I was told by psych that he was taken to the hospital or maybe it was the DON who told me he was [NAME] Acted and also, I was told they were trying to rule out UTI. I talked to him when he came back from the hospital, and he told me he was doing fine. I did not talk to him before he went to the hospital.
The assessment would capture the abuse and if it affected him if he feels in that moment that it affected him and if he said to me, it affects him. But in that moment, he did not say that to me, so it did not trigger.
The psychosocial assessments, I just read the questions to him, and he answers me. He has never triggered to bring me to ask more specific questions. For new admissions I will also talk to the family but for [Resident #2] he is alert and oriented, so I just write down what he tells me.
Review of the facility's Trauma Informed Care policy revised October 2022 revealed
Policy: The facility will provide services for residents who have experienced mental or psychosocial adjustment difficulty, or who have a history of trauma or have diagnosis of post-traumatic stress disorder (PTSD)
Trauma-Informed Care is care provided by staff that understands and considers the trauma and promotes environments of healing and recovery minimizing re-traumatization.
Purpose: To ensure that residents who are trauma survivors receive culturally sensitive, trauma-informed care in accordance with professional standards of practice and accounting for residents' experiences and preferences in order to eliminate or mitigate triggers that may cause re-traumatization's of the resident.
Process:
Admission-Nursing
The admitting nurse will review the history and physical for diagnosis of post traumatic stress disorder (PTSD) and assess if the resident has experienced or witnessed life threatening or altering event through the admission data collection process.
The admitting nurse will attempt to obtain additional information regarding triggers from family and/or resident representative, resident, and records.
The admitting nurse will develop a baseline person centered intervention based on gathered information.
The admitting nurse will communicate the identified mental or psychosocial adjustment difficulty and / or post traumatic stress disorder (PTSD) to team using the any of the following communication menthods:
-24-hour report
-shift to shift report
-progress notes
-[NAME]
Establish throughout the assessment and observation process nonpharmacological interventions that assist in decreasing the frequency o severity of the trauma related symptoms
The facility will maintain ongoing documentation of any expressions or indication of distress, lack of improvement or decline in resident functioning in he resident's record and steps taken to determine the underlying cause of the negative outcome.
Residents will be referred to psychology/psychiatry services.
Social Services
The Social Services Department will attempt to establish a rapport and conduct further psychosocial assessment of the resident's mental or psychosocial adjustment difficulty and / or post-traumatic stress disorder (PTSD) and develop a comprehensive person-centered care plan that addresses the specific triggers and appropriate interventions.
Establish nonpharmacological interventions that assist in decreasing the frequency or severity of the of the trauma related symptoms.
Evaluate the effectiveness of the care plan quarterly and as needed
Utilize licensed mental health professionals to address any expressions or indications of distress
Social Services will provide ongoing onsite support and coordinate support groups if needed
Activities
Review diagnosis of PTSD or traumatic event
Complete the activities assessment and preferences and implement resident centered meaningful activities and nonpharmacological interventions
Reevaluate interventions is needed
Coordinate support groups, spiritual groups, volunteers of interest etc.