SERIOUS
(G)
Actual Harm - a resident was hurt due to facility failures
Quality of Care
(Tag F0684)
A resident was harmed · This affected 1 resident
Based on surveyor observation, record review, and interviews with residents and staff, it was determined that the facility staff failed to ensure that care and services were provided to assist all res...
Read full inspector narrative →
Based on surveyor observation, record review, and interviews with residents and staff, it was determined that the facility staff failed to ensure that care and services were provided to assist all residents in achieving their highest practicable level of wellbeing. This was evidenced by: 1) facility staff's failure to ensure that each resident received treatment and care in accordance with professional standards of practice as evidenced by a nurse providing a treatment without a physician's order which resulted in an injury to a resident requiring treatment at an emergency room (Resident #250) 2) failure to ensure that tests for monitoring for potential medication side effects were completed as ordered and the failure to obtain blood sugars four times a day as ordered, that was evident for 2 (Resident #74, #59) out of 7 residents selected for unnecessary medication review, 3) the facility staff's failure to ensure that arm protectors were provided as prescribed by the physician for 1 (#35) of 13 residents reviewed for Abuse, 4) the facility staff failure to identify and follow up when a resident had a change in physical status for 1 (#26) of 28 residents observed during initial resident observations, and 5) the facility staff failure to arrange and provide a follow-up appointment as per a consulting specialist's recommendation for 1 (#38) of 4 residents reviewed for Urinary Catheter or UTI.
The findings include:
1) Based on review of complaint #MD00165339, medical record review and complainant and staff interview, it was determined that the facility staff failed to ensure that each resident received treatment and care in accordance with professional standards of practice as evidenced by a nurse providing a treatment without a physician's order which resulted in an injury to the resident's ear leading to an emergency room visit. This was evident for 1 (#250) of 12 residents reviewed for abuse.
The findings include:
On 6/10/22 at 3:41 PM, review of complaint #MD00165339 was conducted. In the complaint , the complainant reported that, while Resident #250 resided in the facility, the complainant received a phone call from the facility and was told that Resident #250 had a cut on the ear that was bleeding, and the resident was sent to the emergency room. The complainant stated that he/she was told that a staff person scratched Resident #250's ear while using a tool to clean the resident's ear.
On 6/10/22 at 3:45 PM, a review of Resident #250's medical record revealed that Resident #250 was admitted to the facility in January 2021 for rehab following an acute hemorrhagic stroke (bleeding in brain) resulting in right sided hemiplegia (paralysis) and aphasia (difficulty with language or speech, usually caused by brain damage), and indicated that the resident was vulnerable, immobile and had difficulty communicating. On 1/8/21 at 3:09 PM, in an admission Summary note, the nurse documented that Resident #250's right arm was flaccid (limp), his/her right leg was weak, and the resident was aphasic, with garbled or whispered speech and difficult to understand.
A review of Resident #250's medical record was continued on 6/13/22 at 9:00 AM.
In a nurse's note written on 3/4/21 at 10:19 PM, it was documented that Resident #250 was having steady bleeding with clots from his/her right ear that started at 7:00 PM, and the CRNP (certified registered nurse practitioner) was notified.
In a later note, on 3/5/21 at 12:00 AM, the nurse wrote that the bleeding had continued with clots of blood noted at the ear canal, the NP (nurse practitioner) was notified, an order was given to send Resident #250 to the ER (emergency room) for evaluation, and the resident was transferred to the hospital.
In an ED (emergency department) Provider note, with a discharge date of 3/5/22 at 2:09 AM, the PA (physician's assistant) wrote that Resident #252 was sent to the ER for bleeding from the right ear, and that per report, the resident had bleeding from right ear canal after nursing home staff tried to clean the ear. In the summary statement, the PA wrote that the nursing report stated the bleeding began after the ear was being cleaned and there was evidence of an abrasion within the ear canal. The PA also indicated the resident was being discharged back to the facility with instructions that included no foreign objects within the ear canal.
In an incident note, on 3/5/21 at 7:10 AM, the nurse indicated that he/she received in report that Resident #250's ears had been cleaned on dayshift, and the 3-11 shift nurse reported the resident had been bleeding from the right ear. The nurse wrote that when he/she came on shift, the bleeding continued with clots of blood noted at ear canal, the NP was notified, and the resident was sent to the ER for evaluation. The nurse wrote that, on 3/5/21 at 3:52 AM, when the ER was called for an update, he/she was notified Resident #250 had a laceration in the ear canal and was on his/her way back to the facility.
In a physician progress note on 3/5/21 at 3:49 PM, the physician wrote Resident #250 was seen for parotitis (painful swelling of parotid (salivary) glands) and right ear bleeding. The physician wrote that yesterday [3/4/21], the resident's ears were cleaned out by a nurse (RN Staff #3) after which the resident's ear started to bleed with clots. Resident #250 was sent to the emergency department and was found to have an abrasion of the ear canal and the ear was packed. The physician wrote that when he/she removed the resident's ear pack, there was a gelatinous clot.
Resident #250's medical record indicated that a facility nurse provided a treatment to Resident #250's right ear which resulted in a resulting in an injury (abrasion) to the resident's right ear canal, however, continued review of the medical record failed to reveal a physician's order for any treatments to Resident #250's ears. In addition, the nurse who provided the treatment to Resident #250's ears failed to document the reason for the treatment, the treatment performed or the resident's response to the ear treatment.
On 6/13/22 at 1:37 PM, during an interview, when asked about Resident #250's right ear canal abrasion, Staff #5, PA indicated that an RN had cleaned Resident #250's ear and caused trauma. Staff #5 stated that a nurse took a curette (ear cleaning tool) and took it upon him/herself to clean the ear. Staff #5 stated that he/she had not instructed the nurse to clean out the resident's ears and to his/her knowledge, no one gave the nurse an order to clean out the resident's ears, and that he/she would never advise a nurse to use a curette to clean out a resident's ears. Staff #5 stated that the nurse who cleaned out Resident #250's ears said he/she saw the ear wax and wanted to get it. Staff #5 identified the nurse as an RN, Staff #3.
On 6/13/22 at 3:40 PM, during an interview, the DON (Director of Nurses) stated that nurses were not to clean resident ears with a curette. The DON stated that Staff #3, the person implicated as the staff nurse who cleaned the Resident #250's ears with a curette without a physician's order, had not been disciplined for the action, however, following the incident, a new policy related to ear cleaning and irrigation was implemented and house wide education was conducted with the clinical staff about the new policy. At that time, the DON indicated that he/she had not been the DON at the time of the incident.
On 6/15/22 at 10:29 AM, a phone interview was conducted with Staff #3. At that time, Staff #3 stated he/she could not recall the incident related to cleaning Resident #250's ears which resulted in a right ear canal abrasion. Staff #3 stated he/she did not believe he/she would do that or go off a shift had there been a problem. When asked if he/she cleaned resident ears, Staff #3 stated he/she would clean a resident's ear if needed and would use an otoscope (tool used to visualize and examine the ear canal) to assess the situation. If the ear needed to be cleaned, Staff #3 stated he/she would use an otoscope & curette to clean the ear. Staff #3 indicated he/she had provided the treatment weekly at a different out of state facility. When asked if the treatment required a physician's order, Staff #3 stated he/she was unsure if it required an order or if it was a nursing measure, and indicated curettes were available at the current facility and believed the nurses used the curettes to clean resident ears. When asked again if he/she recalled the situation, Staff #3 did not recall the situation and did not believe he/she would do that and would have remembered if he/she had notified the physician. Staff #3 stated he/she was never made aware of the incident, or received education about the incident, and would have remembered if he/she had been.
On 6/15/22 at 11:31 AM, during a second interview, Staff #5, PA stated he/she had not talked directly to Staff #3 about the incident. Staff #5 stated that Staff 7, who was the DON at that time, called the PA and asked if he/she had given Staff #3 a curette to clean the resident's ear, which he/she had not. Staff #5 stated that he/she knew Staff #7, was addressing it and the PA had never given an order for a nurse to use a curette and did not believe it was in the nurse's scope of practice.
On 6/15/22 at 12:47 PM, during a phone interview, Staff #7, RN stated that he/she was the DON at the time of the incident. Staff #7 stated that one of the nurses had cleaned out the Resident #250's ear with a curette and caused the bleeding. Staff #7 stated he/she was told about the incident by the nursing staff the next day and did speak with Staff #3 about the incident. Staff #7 indicated that at that time, it was realized there was no policy, so a facility policy was created to have nurses clean out resident ears by flushing and that he/she would expect a physician order prior to implementing the treatment. Staff #7 stated that following the incident, Staff #3 had received specific education which was similar to that education the clinical staff received and indicated the majority of the nurses were educated and there were signature sheets.
On 6/15/22 at 1:00 PM, the facility's policy for ear irrigation, dated 3/10/21 and evidence of the staff education provided following the above incident was reviewed. The policy was designed to address the needs of the residents at the facility when cerumen build up is evident in the ear canal and requires intervention. Ear irrigation is the only approved procedure to remove cerumen from the ear canal. The policy indicated that an order from a medical provider would be needed for ear irrigation and included the statement Do not insert an object into the ear canal, such as Q-tip or plastic curette.
Review of the facility's On the Spot Education, dated 3/5/21, stated staff nurses, GNA (geriatric nursing assistant), CMA (certified medication aide) or any other staff member are not to clean resident's ears with anything other than soap and water, do not place Q-tip or any other device and attempt to remove ear wax/debris. If there is a concern of wax build up/debris or any other inner ear concern report this issue/concern with the providers. Do not attempt to remove wax/debris or anything else manually. The sign-in sheet was signed by 3 nurses and 6 GNAs and did not include Staff #3's signature.
On 6/15/22 at 2:28 PM, the DON & ADON (assistant director of nurses) were made aware of the above findings and confirmed there was no further evidence to indicate that the all the clinical nursing staff, including Staff #3, had been educated on the facility's policy and the process to follow when a resident needs his/her ears cleaned.3) Resident #35 was observed on 6/6/22 at 2:31 PM. He/She was lying in bed and had several small dark spots and small scabbed spots over the backs of his/her hands and forearms. His/her skin appeared thin. A small piece of white elastic mesh stockinette approximately 4-5 inches long covered a dressing on the resident's left forearm approximately midway between his/her wrist and elbow. The resident indicated that he/she did not wish to speak to the surveyor.
Resident #35's medical record was reviewed on 6/14/22 at 9:59 AM. The record included a physician's order for Eliquis 2.5 milligrams by mouth twice a day. Eliquis is an anticoagulant (blood thinner) medication used to treat and prevent blood clots and stroke. The side effects of Eliquis include easy bruising and bleeding. The record also included a physician's order, written 4/13/22, for arm protectors to bilateral (both) arms at all times. May remove for bathing. Please document if resident declines application. The reason for the order was indicated as For fragile skin.
The record contained a Plan of Care for: Skin tear to left forearm and potential for further tissue impairment.
The interventions included but were not limited to: Geri-sleeves (arm protectors) to be worn daily; May remove for bathing. This intervention was initiated 4/13/22.
A review of the 6/2022 Treatment Administration Record (TAR) revealed the order for arm protectors,with spaces labeled Day Eve and Night, for the nurse to sign off that they completed this order each shift. The TAR was not signed for dayshift at that time. However, a review of Resident #35's nursing progress notes failed to reveal documentation as to why the resident was not wearing his/her arm protectors on 6/6/22 when observed by the surveyor.
Additional observations of Resident #35 were made on 6/14/22 at 2:32 PM and 6/15/22 at 11:47 AM. During each of these observations, Resident #35 was lying in bed without arm protectors in place, the elastic mesh stockinette was in place on his/her left forearm.
Further review of the 6/2022 TAR on 6/15/22 at 12:32 PM revealed that the order for arm protectors was signed off every shift from 6/1/22 - 6/15/22 including day shift on 6/6/22, 6/14/22 and 6/15/22 when the surveyor observed the resident without the arm protectors. No documentation was found in the record to indicate that the resident was not wearing them and why.
During an interview on 6/15/22 at 1:28 PM, Staff #56 reviewed and confirmed that she signed off Resident #35's arm protectors for the current shift. She then observed Resident #35 with the surveyor and confirmed that the resident was not wearing arm protectors. When asked who was responsible for putting the arm protectors on Resident #35, she stated technically if I'm signing them off, I should be putting them on but usually the girls will put them on. When asked how she verifies that they are on the resident she stated, it would be by sight. In an interview on 6/15/22 at 1:36 PM, Staff #50 a GNA (Geriatric Nursing Assistant), reviewed Qshift (the GNA's electronic documentation tool) with the surveyor and Staff #56. Staff #50 indicated that Resident #35's arm protectors were not listed for the GNA's to apply. The Director of Nursing and Assistant Director of Nursing were made aware of these findings on 6/15/22 at 1:44 PM.
4) Resident #26 was observed on 6/6/22 at 11:54 AM with a brown area on his/her lower left cheek. The area was approximately 1.5 long x .5 cm wide, and the edges appeared slightly pink-red. When asked, the resident did not seem to be aware of the area and indicated that he/she was not sure what it was.
Resident #26's medical record was reviewed on 6/22/22 at 10:30 AM. A physicians order was written on 7/12/18 for: Concurrent Review: Appraise and observe resident daily for changes in physical or mental status every shift. Document yes or no if changes are observed. If a change has occurred, the change should be documented in the form of a nurses note.
No documentation was found in the record to indicate that the area on the resident's left cheek was identified and addressed by staff. Review of Hospice documentation revealed a Hospice Nurse progress note dated 6/16/22. Under Wound(s) identified NO was noted.
Resident #26 was observed again on 6/22/22 at 3:55 PM. The area was still present on his/her left cheek and appeared to be unchanged since first observed on 6/6/22.
Further review of the medical record, on 6/22/22 at 4:00 PM, again failed to reveal documentation indicating that staff identified and addressed the area. Staff #1, a Licensed Practical Nurse, was present and when asked if she was aware of a scratch or abrasion on Resident #26's left cheek area she stated No and confirmed there was no treatment ordered. She was made aware of the surveyor observations and that it was first observed by the surveyor on 6/6/22. The Director of Nursing (DON) and Assistant Director of Nursing (ADON) were made aware of the above findings on 6/22/22 at 4:53 PM and indicated that they would look for additional information. On 6/23/22 at 8:39 AM, the DON & ADON confirmed that they were unable to find documentation that staff identified and addressed the area on Resident #26's left cheek.
5) During an interview on 6/7/22 at 11:50 AM, Resident #38 stated that he/she had a UTI (Urinary Tract Infection) that I can't seem to get rid of.
Resident #38's medical record was reviewed on 6/21/22 at 9:28 AM. The record revealed that Resident #38 was seen by an Infectious Disease specialist for a consult related to his/her recurrent UTI's on 2/10/22 at 9:00 AM. The consultants' findings indicated: Recurrent UTI, urinary incontinence, and chronic dysuria (painful or difficult urination). The Recommendations included:
1) Start Keflex (an antibiotic) 250 mg (milligrams) at bedtime.
2) Start Claritin 10 mg once daily to prevent rash.
3) if no improvement of dysuria, then d/c (discontinue) Keflex.
4) if dysuria improves then continue Keflex long term & f/u (follow up) 3 months.
Review of the physicians' orders revealed an order which started on 2/11/22 for Keflex Capsule 250 mg by mouth at bedtime for Prophylactic UTI. The order was active and ongoing.
Further review of the medical record revealed that sident #38 had a Cystoscopy and a Urologist consult on 4/12/22. The recommendations from the Urologist included, but were not limited to, Prophylactic ABX (antibiotics) daily.
However, no consultation report was found for a 3 month follow up visit with the Infectious Disease Physician in 5/22 as per their recommendations on 2/10/22.
Staff #1, a charge nurse, was interviewed on 6/21/22 at 10:38 AM. She was asked where the surveyor could find the consultation report for Resident #38's 3-month Infectious Disease follow up appointment. She indicated that it would be in the record. Upon looking, she was not able to find it. She indicated that transportation schedules the appointments.
In an interview on 6/21/22 at 10:56 AM, the ADON was asked to explain the process for scheduling follow up appointments when recommended by a consulting provider. She indicated that the staff receiving the consultation report initiates a transportation request form, the provider signs off on the form and it is given to transportation to schedule. She was made aware that the surveyor was unable to find a report of the follow up visit and indicated she would look for the report. Staff #58, the transportation director, was interviewed on 6/21/22 at 10:59 AM. She was unable to confirm that the resident had a follow up appointment with the infectious disease practitioner as recommended.
In another interview, on 6/21/22 at 1:55 PM, the ADON was asked if she was able to find documentation of a follow up Infectious Disease visit for Resident #38 in 5/22. She indicated that it was not done, that when the resident returned from the appointment on 2/10/22 the nurse took the orders off for the medications, but did not complete the transportation request form, so transportation did not schedule an appointment and it was not done.
2a) On 6/9/22, review of Resident #74's medical record revealed that the resident had resided at the facility for several years. The resident's diagnoses included, but were not limited to, non-Alzheimer's dementia; anxiety, depression and a psychotic disorder not related to schizophrenia. The resident had been receiving the antipsychotic medication Seroquel for more than one year.
Further review of the medical record revealed an order, dated 8/8/21, for an EKG (electrocardiogram) annually in May to assess for QT prolongation due to Seroquel usage.
An EKG is a diagnostic medical test that records the electrical signal from the heart to check for different heart conditions. QT prolongation may indicate a heart signaling disorder than can cause irregular heartbeats.
Further review of the medical record failed to reveal documentation to indicate that an EKG had been completed when due in May 2022.
On 6/13/22, surveyor reviewed with the Assistant Director of Nursing (ADON) that no results for the EKG could be found in the medical record. On 6/14/22 at 2:54 PM, the ADON confirmed that no EKG had been completed as ordered.
2) Further review of the medical record revealed a physician order, dated 3/10/22, for an AIMS (Abnormal Involuntary Movement Scale) assessment to be completed every four months. The order included a notation that the resident is on Seroquel.
AIMS is a rating scale used to measure involuntary movements known as tardive dyskinesia (TD). TD is a disorder than can develop as a side effect of antipsychotic medication usage.
On 6/13/22, further review of the medical record failed to reveal documentation of an AIMS assessment. The ADON was informed that no AIMS assessment was found in the medical record.
On 6/15/22 at 2:26 PM, the DON confirmed that there were no AIMS assessments for the resident.
On 6/24/22 at 12:30 PM, surveyor reviewed the concern with the DON and ADON regarding the failure to complete the ordered EKG and AIMS testing.
2b) On 6/21/22, review of Resident #59's medical record revealed a diagnosis of diabetes and orders for insulin injections. The insulin orders also included instructions to hold (not administer) if the fingerstick blood sugar level was below 120.
Further review of the medical record revealed an order, with a start date of 5/11/22, for Fingerstick Blood Sugar levels four times a day and to contact the provider if the level was less than 70 or greater than 400. Review of the Medication Administration Record (MAR) revealed that the Fingerstick Blood Sugar levels were being documented as being completed twice a day at 8:00 AM and 4:00 PM. Further review of the medical record failed to reveal documentation to indicate that the blood sugar levels were being obtained more than twice a day.
On 6/22/22, the surveyor reviewed the concern with the DON and ADON regarding the failure to obtain the blood sugar levels four times a day as ordered by the provider. As of time of exit on 6/24/22 at 2:45 PM, no additional documentation was provided to indicate that the blood sugars were being obtained as ordered. (Cross reference F757)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Resident Rights
(Tag F0550)
Could have caused harm · This affected 1 resident
Based on observation, record review, and interview, it was determined that the facility failed to allow residents to exercise their rights as evidenced by staff throwing away old newspapers that belon...
Read full inspector narrative →
Based on observation, record review, and interview, it was determined that the facility failed to allow residents to exercise their rights as evidenced by staff throwing away old newspapers that belonged to a resident who had asked staff not to throw them away. This was evident for 1 (#63) of 61 residents reviewed.
The findings include:
On 6/6/22 at 3:16 PM during an interview with Resident #63 regarding the care and services that he/she received, Resident #63 reported that he/she had some old newspapers that had been thrown away by Geriatric Nursing Assistant (GNA) #9 after Resident #63 had told her not to throw them away. Resident #63 reported that the cleaning person had come in and emptied the trash and now his/her papers were gone and he/she had wanted to keep them. Resident #63 stated that he/she had not reported this incident to facility staff.
On 6/6/22 at 3:30 PM this incident was reported to the Director of Nursing (DON) and Assistant Director of Nursing (ADON) immediately following the interview.
A follow up interview was conducted with the ADON on 6/14/22 at 8:39 AM which revealed she had reported the incident to the state agency, interviewed the resident, and obtained a statement from GNA #9. The ADON stated that Resident #63 had reported that GNA #9 had thrown away some newspapers that he/she had asked her not to throw away. The ADON also reported that GNA #9 had admitted that she had thrown away the newspapers and that Resident #63 had asked her not to do so. The ADON stated that she had provided education to GNA #9 regarding resident property and resident rights.
Cross Reference: F610
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0552
(Tag F0552)
Could have caused harm · This affected 1 resident
Based on medical record review, staff interview, and resident interview, it was determined that the facility failed to fully inform the resident in a manner that they could understand of the reason fo...
Read full inspector narrative →
Based on medical record review, staff interview, and resident interview, it was determined that the facility failed to fully inform the resident in a manner that they could understand of the reason for their special contact isolation isolation secondary to a possible C-Diff infection. This was evident for 1 (#513) of 15 residents reviewed.
The finding includes:
On 6/7/22 at 12:40 PM, an interview was conducted with Resident #513. During the interview, the resident stated, I don't know why I need to be isolated, nobody explained why or how long I need to. I had no issue when I was in the hospital.
On 6/13/22 at 9:39 AM, a review of the medical records revealed the resident was admitted to this facility on 5/28/22 for rehabilitation. The resident's BIMS (Brief Interview for Mental Status) score was 15/15 on admission, indicating the resident was cognitively intact. Further record review revealed that Resident #513's physician ordered special contact isolation to be maintained for possible C.diff on 6/4/22.
C. diff (also known as Clostridioides difficile or C. difficile) is a germ (bacterium) that causes severe diarrhea and colitis (inflammation of the colon). (Center of Disease Control)
However, no documentation related to Resident #513's condition was given to the resident self or Representative Party (RP).
Further review of the medical record failed to reveal documentation to indicate that either the resident or the Representative Party (RP) were informed that isolation had been ordered due to possible C-diff infection.
On 6/13/22 at 11:38 AM, an interview was conducted with the Director of Nursing (DON). She was asked to provide documentation for the resident's medical condition related to isolation. The DON confirmed there was no documentation in the resident's medical record regarding C-diff. She also added that there was documentation in the physician's note about possible C.diff, but the note did not include that the resident or RP were notified. At 11:45 AM on 6/13/22, the DON submitted a copy of the result for C.diff for Resident #518 dated 6/8/22; it was not detected.
During an interview on 6/13/22 at 2:00 PM, the DON agreed that the facility failed to inform the resident or the RP of the reason for Resident #513's contact isolation secondary to a possible C-Diff infection.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Notification of Changes
(Tag F0580)
Could have caused harm · This affected 1 resident
Based on medical record review and family and staff interview, it was determined that the facility staff failed to notify the physician when a resident's blood pressure was high. This was evident for ...
Read full inspector narrative →
Based on medical record review and family and staff interview, it was determined that the facility staff failed to notify the physician when a resident's blood pressure was high. This was evident for 1 (#251) of 4 residents reviewed for complaints. The findings include:
On 6/9/22 9:00 AM, at a review of complaint #MD00175512 was conducted. In the complaint, the complainant reported concerns related to the care that Resident #251 received while they resided in the facility. At that time, a review of Resident #251's medical record revealed that the resident was admitted to the facility in October 2021 with multiple diagnosis including, but not limited to Hypertension, and had a history of Coronary (heart) artery disease, and had Coronary artery bypass grafting (surgery where a healthy blood vessel taken from another part of the body is used to make a new path for blood around a blocked artery leading to the heart.
On 6/9/22 at 9:40 AM, during a phone interview, the complainant reported that following Resident #251's discharge from the facility, the complainant requested a copy of the resident's medical records. The complainant stated that he/she was concerned because Resident #251 had heart issues and the medical record showed that sometimes the resident's BP (blood pressure) would be high and the facility staff would not recheck his/her BP again until the next morning. The complainant indicated this happened 4 or 5 times and the facility staff never called an ambulance or the family
Per the FDA (Food and Drug Administration) Normal blood pressure is 120/80 or lower. Blood pressure is considered high (stage 1) if it reads 130/80. Stage 2 high blood pressure is 140/90 or higher.
On 6/10/22 at 10:00 AM, a review of Resident #251's blood pressures recorded in his/her EMR (electronic medical record) was conducted. The EMR documented that Resident #251's blood pressure was 180/88 on 12/4/21 at 7:40 PM, 180/80 on 12/9/22 at 7:56 PM, 160/94 on 1/2/22, 200/100 on 1/16/22, 186/76 on 1/18/22, 160/79 on 1/20/22 and 164/82 on 1/25/22 a 7:26 PM. Continued review of the medical record revealed that, after each of the elevated blood pressures, there was no documentation to indicate that a follow-up BP had been obtained and the next documented blood pressure was recorded the following day. In addition, continued review of the medical record failed to reveal documentation that the physician was notified when Resident #251 had abnormal blood pressures.
The Director of Nurses was made aware of the above concern on 6/10/22 at 1:42 PM.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Safe Environment
(Tag F0584)
Could have caused harm · This affected 1 resident
Based on interview and observation, it was determined that facility staff failed to provide housekeeping services necessary to maintain a sanitary and comfortable interior. This was evidenced by the f...
Read full inspector narrative →
Based on interview and observation, it was determined that facility staff failed to provide housekeeping services necessary to maintain a sanitary and comfortable interior. This was evidenced by the facility's failure to ensure that the resident's bathroom walls were clean and sanitary for 1 (#18) of 7 residents reviewed for general concerns.
The findings include:
An interview was conducted with Resident #18 and his/her friend on 6/16/22 at 2:18 PM after the resident indicated that he/she would like the friend to participate in the interview. During the interview, the resident's friend indicated that housekeeping was in and out of the resident's room in 5 minutes and that many times, the floors had not been cleaned. The friend reported that there was a spot on the wall in the bathroom between the toilet and the sink, that it had been there for a while, and no one had cleaned it. Resident #18 added that he/she utilizes a bedpan and staff empty it in the toilet in the bathroom, Resident #18 stated they must have splashed it on the wall.
An observation was made of the bathroom on 6/16/22 at 3:18 PM. A dry brown substance covered an area approximately 3 cm (centimeters) long by 1 cm wide. The substance was located on the wall to the left of the toilet on the corner between the toilet and the sink, approximately 2 ½ feet above the floor.
The Director of Nursing and Assistant Director of Nursing observed and confirmed these findings on 6/16/22 at 3:27 PM.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Grievances
(Tag F0585)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** 2) During an interview on 6/7/22 at 11:35 AM, Resident #38 indicated when asked that he/she had 2 clothing items that recently w...
Read full inspector narrative →
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** 2) During an interview on 6/7/22 at 11:35 AM, Resident #38 indicated when asked that he/she had 2 clothing items that recently went missing. He/She described the items as 1 specific red article of clothing and 1 specific purple article of clothing. The resident confirmed that he/she reported the missing items to facility staff. Resident #38 went on to say that there is a new lady, Staff #61, in charge of putting clothing away and checking for things, that staff said they would look for the missing items, that they never found them and never got back to him/her about them. He/She confirmed that his/her clothing was laundered by the facility and was labeled with his/her name.
An interview was conducted with Staff #61 on 6/15/22 at 12:40 PM. She was asked to explain the procedure that was followed when a resident reported missing clothing. She indicated that she and the Social Worker work together on it. She explained that she goes room to room and checks all of the resident clothing to see if anything was put in the wrong closet. She stated, we don't have much that gets misplaced, and we usually find it. She indicated that most of the time her job is to monitor the resident's clothing. She indicated that the aides used to put the clothing away but sometimes it didn't get done, and that she started putting resident clothing away on 5/1/22. She explained that the facility purchased a clothing label printer and a [NAME] that she used to label all resident clothing, she went room to room and labeled all of the resident's clothing and she applied labels to all clothing of newly admitted residents upon admission whether they were labeled by the family or not.
An interview was conducted with Staff #2 a Social Work Assistant on 6/15/22 at 1:49 PM regarding Resident #38's missing clothing items. She was asked to describe the process when Staff #61 was not able to find the missing items. She indicated that Social Work staff will look for the missing items as well. That they will check laundry, resident rooms, the nurses station. She stated, if it's not found, we will reimburse, have to keep the timeframe in mind - on a couple of occasions, a resident would report a missing clothing item from about a year ago, we would really have a hard time finding them at that point. She was asked specifically about the red item and the purple item that Resident #38 reported missing. She indicated that she remembered hearing about them. She was unable to find reports for Resident #38's missing clothing at that time.
In another interview on 1:57 PM on 6/15/22 Staff #61 stated that Resident #38 had been missing the red item a long while, probably at least 4 months ago. She indicated that Resident #38 reported the purple item missing prior to 3/30/22 but was not sure of the date. She was asked what she did when she was unable to find the items. She stated, I let the resident and Social Worker know.
On 6/15/22 at 2:05 PM, Staff #2 provided the surveyor with a Missing and Damaged Items Reporting Form dated 3/7/22. Review of the form revealed Resident called to report a purple (item) missing he/she said he/she had it on last week. The form indicated that the only area that was searched was the laundry on 3/7/22. Additional measures taken indicated: more than 30 days. Noted at the bottom of the page was: 3/7/22 Still missing, not in laundry - signed by Staff #2; 3/21/22 Continues to be missing; 4/5/22 - Lost more than 30 days, missing laundry searched & laundry aware - Signed by Staff #21 a Social Work Associate.
When asked to review the form, Staff #2 confirmed that Resident #38 did report the missing purple item promptly to staff and that the notation that it was lost more than 30 days reflected time that lapsed after the resident reported the item missing. The form failed to reflect that any areas other than the laundry were searched or that the facility investigated the resident's grievance. The documentation did not summarize the pertinent findings, include conclusions, actions that were or were not taken, nor the date that the resident was provided with a written decision.
Another interview was conducted on 6/15/22 at 2:32 PM with Staff #21 and Staff #2 who provided a Missing and Damaged Items Report pertaining to Resident #38's red clothing item. This form dated 1/3/22 indicated that Resident #38's family member reported missing (item) short sleeve cotton - size 1x-2x about 2 weeks ago, sent to laundry, signed by Staff #21. Noted at the bottom on 1/3/22: Laundry checked, room & missing items. It was initialed by Staff #21. The entries were written in blue ink. However, in the description Red [NAME] Print and that the resident was contacted were both written in black ink. The additions in black ink were not dated to reflect when they were added. The form did not include documentation that the facility investigated the resident's grievance, nor summarize pertinent findings, conclusions and actions that were or were not taken, nor did it reflect the date that the resident/representative were provided with a written decision.
Staff #21 and #2 were asked if the resident was reimbursed for either of the missing items. Staff #2 stated In the past we spoke to family members and ask them to buy a comparable item and submit a receipt. They confirmed that Resident #38 was not reimbursed for the missing clothing items.
A review of a Resident Council Concern Form revealed that Resident #38 reported at the 6/2/22 Resident Council Meeting that he/she had 3 missing clothing items. The Section Follow up/Resolution indicated: Items missing longer than 30 days so unable to locate due to time. Resident educated to relate missing items ASAP. The documentation was unclear as to how the facility determined when the items went missing or if the items reported on 6/2/22 included the items that Resident #38 had previously reported but not received a follow up determination. There was no evidence that the facility attempted to investigate this grievance.
Staff #26, the Director of Social Work, was made aware of these findings on 6/23/22 at 11:00 AM. She stated we should have gone back with these things. Residents are asked to report promptly so that they can be found timely.
A review of the facility's Policy and Procedure for Missing and Damaged Items revealed: 9) The Social Services Department will delegate investigation of laundry to Housekeeping Supervisor for investigation. Once investigation is completed, Housekeeping Director will return outcomes/resolution to the Social Services Department. 10) The Social Services Department will finalize the investigation and notify the Resident and or family member of outcomes/resolutions.
The Director of Nursing and Assistant Director of Nursing were made aware of these findings on 6/23/22 at 2:10 PM.
Based on review of medical records and investigative documentation and interviews, it was determined that the facility failed to have an effective system in place to ensure that grievances were thoroughly investigated and failed to ensure documentation of investigation follow up. This was found to be evident for 1 (#28) of 13 residents reviewed for abuse during the survey and 1 (#38) of 3 resident's reviewed for Personal Property.
The findings include:
1) Review of Resident #28's medical record on 6/7/22 revealed a Brief Interview for Mental Status (BIMS) score of 15/15, indicating the resident was cognitively intact. The resident was observed to be alert and oriented and was able to be interviewed as part of the initial survey process.
On 6/15/22, review of the Concern Reports pertaining to Resident #28 revealed two reports for May 2022. The first one was dated 5/27/22 and was in reference to a letter the resident's family member had submitted regarding an employee that had been talking disrespectfully. The letter identified GNA #10. A signed statement from GNA #10 was found but no documentation was found to indicate the resident was interviewed. The concern form indicated the GNA would no longer be working with the resident and that the family member had been notified and was satisfied with the outcome.
On 6/15/22 at 2:24 PM, the Director of Nursing (DON) reported that, on 5/27/22, a GNA (she could not recall who) brought her the letter from the family member, and then GNA #10 arrived in her office. GNA #10 made a statement and was provided some education. When asked if she had interviewed the resident regarding this issue, the DON reported: not to my knowledge. Surveyor reviewed the concern that they failed to interview an alert and oriented resident to clarify what disrespectful meant.
Further review of the 5/27/22 Concern Report revealed it was signed as reviewed by the Director of Social Services on 5/31/22, and had also been signed as reviewed by the Administrator and the Director of Nursing.
On 6/16/22 at 2:21 PM, the Director of the Social Service Department (#26) reported she is given the Concern Reports to review once they are resolved. She went on to report that, after she reviews them, and is convinced that they are resolved, she takes them to the Administrator for review. Surveyor then requested that the Social Service Director review the documentation for the 5/27/22 Concern Report. Social Service Director confirmed that, if she had realized they had not spoken with the resident, she would have brought the form back to them (nursing department).
On 6/16/22 at 4:00 PM, the Administrator confirmed that he was the grievance officer. Surveyor reviewed the concern with the Administrator that staff had failed to follow up with an alert and oriented resident after a note was received that a GNA had spoken disrespectfully to the resident.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Free from Abuse/Neglect
(Tag F0600)
Could have caused harm · This affected 1 resident
Based on record review and interview, it was determined that the facility failed to ensure that their residents were free of abuse as evidenced by staff to resident abuse that was substantiated. This ...
Read full inspector narrative →
Based on record review and interview, it was determined that the facility failed to ensure that their residents were free of abuse as evidenced by staff to resident abuse that was substantiated. This was evident for 1 (#61) of 11 residents reviewed for abuse. The findings Include:
A medical record review for Resident #61 on 6/14/22 at 7:40 AM revealed an annual MDS, with an Assessment Reference Date of 4/22/22, which documented in section C that resident had scored a 13 out of 15 on a Brief Interview for Mental Status (BIMS - a standardized test to determine a resident's level of cognitive functioning) which indicated an intact cognition. Section E documented that Resident #61 had physically agressive behaviors directed towards others such as hitting and kicking. Also, it was noted that these behaviors occurred 1-3 days during the 7 days reviewed, and that it interfered with care. In section G it was documented that Resident #61 was totally dependent on staff to provide care.
On 6/13/22 at 3:38 PM, a review of the Facility's Investigation file for the self-report MD00174072 revealed that, on 11/7/21 at 2:09 PM, Resident #61 had reported to another employee that Geriatric Nursing Assistant (GNA) #68 had made comments to him/her about GNA #68's daughters eating everything on their plates while feeding the resident and shoving a sponn into their mouth. In addition, GNA #68 called Resident #61 a liar and these comments upset him/her. GNA #68 was suspended pending the investigation. The self-report was sent to the state agency on 11/8/21 at 1:55 PM. Witness statements were collected from staff and residents and the facility substantiated Resident #61's allegation of abuse, terminated GNA #68, and reported the abuse to the certification board.
On 6/13/22 at 4:00 PM, a review of GNA #68's employee file revealed that she had Elder Abuse training upon hire, however, had not completed the training annually as required.
An interview with the Administrator on 6/16/22 at 4:01 PM revealed that he was the facility's Abuse Coordinator. During this interview he reported that he does not feel that the staff were abusing residents. In addition, the NHA reported that staff have abuse training upon hire and annually. Administrator was made aware of concerns at this time.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0604
(Tag F0604)
Could have caused harm · This affected 1 resident
Based on record review and staff interviews, the facility failed to maintain an environment free of physical restraints. This was evident for 1 (#509) of 11 residents reviewed for abuse.
The findings ...
Read full inspector narrative →
Based on record review and staff interviews, the facility failed to maintain an environment free of physical restraints. This was evident for 1 (#509) of 11 residents reviewed for abuse.
The findings include:
A physical restraint is any manual method, physical or mechanical device/equipment or material that limits a resident's freedom of movement and cannot be removed by the resident in the same manner as it was applied by staff.
A gait belt or transfer belt is an assistive device put on a person who has mobility issues, by a care giver, prior to moving the person and can be used to help a person transfer from one surface to another, stand, or walk around.
On 6/23/22 02:31 PM, a facility reported incident #MD001793 was reviewed. The facility's self-report indicated that the report was for abuse, and included documentation that, on 6/17/22 at approximately 7:00 PM, a nurse entered Resident #509's room and witnessed that Resident #509 had a gait belt around his body as well as his/her chair, confining the resident to the chair.
Review of the facility's investigations into the incident, revealed in a written witness statement, the nurse wrote that on 6/17/22 at approximately 6:00 PM, when the nurse and a GNA began to provide care Resident #509, the nurse noticed that a gait belt was around Resident #509 and around the resident's wheelchair and the gait belt was properly hooked confining the resident to the chair.
At that time, a review of Resident #509's medical record revealed the resident was admitted to the facility at the end of May 2022 following an acute hospitalization
Review of Resident #509's most recent Minimum Data Set (MDS) assessment, dated 6/2/22 documented Resident # 509 had moderate impairment in cognition, was dependent on staff for ADLs (activities of daily living), required extensive assistance for bed mobility, transfer, and dressing and displayed no behaviors during the 7-day assessment period.
On 6/23/22 at 10:40 AM, during an interview, the Associate Administrator spoke about the incident and stated that the facility's investigation was unable to determine who the person was that restrained Resident #509 with the gait belt.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Report Alleged Abuse
(Tag F0609)
Could have caused harm · This affected 1 resident
2)During an interview with Resident #71 during the initial pool process on 6/6/22 at 2:26 PM, Resident #71 verbalized some concerns regarding the way the staff treated him/her during care. Resident #7...
Read full inspector narrative →
2)During an interview with Resident #71 during the initial pool process on 6/6/22 at 2:26 PM, Resident #71 verbalized some concerns regarding the way the staff treated him/her during care. Resident #71 reported that these concerns had been brought to Social Services Associate #21's attention.
An interview with SSA #21 on 6/15/22 at 2:30 PM revealed that she had received some concerns form Resident #71 via email and would provide copies of the emails.
On 6/15/22 at approximately 3:00 PM, a review of the email that Resident #71 had sent to SSA #21 on 5/5/22 at 12:00 PM revealed that Resident #71 had alledged that GNA #46 had been rough while providing incontinence care and had left Resident #71 in a bed with urine-soaked pad and sheets. Further review revealed that SSA #21 failed to immediately report the concern to the Administrator but had forwarded the email on 5/6/22 at 2:03 PM to the Social Services Director, Director of Nursing, Assistant Director of Nursing, and Registered Nurse #40. Review of the Concern Form completed by the ADON on 5/6/22 revealed that she determined Resident #71 had meant GNA #46 was impatient and rude with him/her during care. However, the ADON failed to address the concern with GNA #46 failing to provide care and services needed by allowing Resident #71 to lay in urine-soaked bed linens and failed to report the allegation of abuse to the state agency.
3) On 6/13/22 at 3:38 PM, a review of the Facility's Investigation file for self-report MD00174072 revealed that the facility's self-report form which had documentation that the facility was made aware on 11/7/22 at 2:09 PM of an allegation of abuse from Resident #61. The Resident reported that Geriatric Nursing Assistant (GNA) #68 had made comments to them about the fact that her daughters eat all the food on their plates, called the Resident a liar, and shoved the spoon in his/her mouth while feeding. However, the facility failed to report the allegation of abuse to the state agency until 11/8/21 at 1:55 PM almost 24 hours after the allegation was made.
4) Complaint #MD00161874 was reviewed on 6/9/22 at 10:47 AM. The complaint was received by the State Agency from Adult Protective Services (APS). The complaint indicated that APS received an allegation from an anonymous caller that Resident #35 was fine when visited on 12/24/20 and observed with bruising on the face and neck on 12/27/20, and that the resident said that he/she was punched in the face in the middle of the night by a big black lady.
The Director of Nursing was asked to provide documentation regarding any incidents related to Resident #35 from December of 2020. Documentation was provided to the surveyor and reviewed on 6/10/22 at 8:00 AM.
The facility's documentation included an email communication, dated 1/4/21 at 2:52 PM, between Social Work Associate (SSA) Staff #2, Previous Director of Nursing (DON) Staff #7, and the former Assistant Director of Nursing (ADON) Staff #54. Staff #2 indicated in the email that she received a call from the Ombudsman regarding an APS referral she received. The email included The referral stated that this person visited the resident on December 24th and he/she was fine and came again on December 27th and the resident was badly bruised and had swelling. When asked what happened the resident stated, A big black lady came in and punched me in the face The email response from Staff #7 on 1/4/22 at 3:40 PM included I guess we should have reported this .at least we have an investigation on file and when he/she was interviewed originally, he/she didn't say this. On 1/4/21 at 4:05 PM, Staff #7 sent another reply in which he stated, Actually in looking at it we have a good note regarding his/her behaviors and that the bruise was self-inflicted so nothing to report. Staff #67 did an investigation just to be on the safe side, but it looks like everything is order.
The Surveyor contacted the State Agency Survey Coordinator and confirmed that the State Agency did not receive a facility report in December 2020 or January 2021 related to an allegation of abuse involving Resident #35.
There was no evidence that the facility submitted an initial report of abuse nor a follow up report to the State Agency once they were aware that an allegation of abuse had been made by Resident #35.
In an interview on 6/10/22 at 3:00 PM with the current DON and ADON, the ADON indicated that everything was handled by the previous DON Staff #7 and previous ADON Staff #54 and that they were not sure of exactly what was done. She added that she did not think that the facility reported the allegation of abuse to the State Agency.
In an interview on 6/10/22 at 10:55 AM, the Associate Administrator was made aware of the above concerns. She indicated that she was surprised that it wasn't reported or investigated because a surveyor had just been at the facility and the same thing had been identified at that time.
(Cross Reference: F600, F607, and F610.)
Based on review of medical records, facility investigation documentation and other pertinent documents, and interviews, it was determined that the facility failed to develop and implement abuse policies and procedures to ensure that facility staff appropriately identified and reported allegations of abuse to the Administrator immediately and to ensure that once the facility had been aware of an allegation of abuse that they reported it to the state agency within the required timeframes. This was evident for 4 (#28, #71, #61, and #35) of 13 residents reviewed for abuse during the survey. The findings include:
1) Review of Resident #28's medical record on 6/7/22 revealed a Brief Interview for Mental Status (BIMS) score of 15/15, indicating the resident was cognitively intact. The resident was observed to be alert and oriented and was able to be interviewed as part of the initial survey process.
On 6/14/22, review the facility reported incident MD00177857 revealed the resident reported to a nurse on 5/28/22 that on 5/26/22 GNA #13 stated you have a big butt.
On 6/14/22 at 8:35 AM, the ADON, who had submitted the report to the state agency, revealed that she identified the abuse allegation while she was reviewing the nursing notes from the weekend. The ADON confirmed she had reported to the state agency on Tuesday May 31.
Review of the nursing note, dated 5/28/22, revealed the following: resident report to this nurse and GNA [initials] that a male staff that was changing, her commented that [s/he] had a big bottom, resident stated the incident made [him/her] feel uncomfortable . The note included a brief description of the GNA and confirmation that it had occurred on Thursday night.
On 6/14/22 at 10:30 AM, surveyor reviewed the concern with the ADON that the incident had not been reported by the nurse on 5/28/22 to the supervisor or the Administrator.
On 6/17/22 at 9:16 AM, an interview with GNA mentor (#55) revealed that Resident #28 had reported a concern regarding GNA #13 having made comments that were unprofessional and not nice. GNA #55 stated: I wrote my statement and passed it along. On 6/17/22 at 11:20 AM, GNA #55 confirmed that her statement was in an email that was dated 5/27/22.
Review of the email, dated 5/27/22 at 12:41 PM, revealed it had been sent to the DON and the ADON. The email referenced several different issues on the same unit. Included in the text was: The staff asked me to stop and talk with [name of Resident #28], I did. [name of Resident #28] started telling me about the aide that was assigned to [him/her] last evening. [His/Her] opinion was he is very unprofessional, but his clinical skills are good Unfortunately, He made some pretty rude comments about [him/her] having a big butt. [ name of Resident #28] took offense to that .
Further review of the email revealed the ADON had acknowledged and responded to the email on 5/27/22 at 12:47 PM. Documentation indicates the DON had been included in the response email as well.
On 6/17/22 at 1:10 PM, The ADON stated that she takes responsibility for missing Resident #28's allegation in the email. The ADON acknowledged that she responded to the email, but stated that she does not recall it. The ADON also reported receiving many emails throughout the day. Regarding abuse allegations, the DON and ADON indicated that the expectation is that staff would notify the charge nurse and that the Administrator, and the DON would get a call. They also indicated that they had started training with staff regarding this issue.
No documentation was found to indicate that either the original or the response email had been forwarded to the Administrator. On 6/17/22 at approximately 2:00 PM, when asked if he had been aware of the 5/27/22 email regarding Resident #28's allegations, the Administrator reported that that he was not sure if he was aware of it or not and indicated he would need to follow up.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Investigate Abuse
(Tag F0610)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** 3) During the initial pool process, an interview was conducted with Resident #63 on 6/6/22 at 3:16 PM. Resident #63 reported tha...
Read full inspector narrative →
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** 3) During the initial pool process, an interview was conducted with Resident #63 on 6/6/22 at 3:16 PM. Resident #63 reported that Geriatric Nursing Assistant (GNA) #9 had come into his/her room and thrown away newspapers even though Resident #63 has asked GNA #9 not to throw them away. Resident #63 stated the cleaning person had come in and took out the trash and now the newspapers were gone, and he/she had not finished looking at them.
Immediately following the interview, the incident was reported to the Director of Nursing (DON) and Assistant Director of Nursing (ADON) on 6/6/22 at 3:16 PM.
On 6/7/22, GNA #9 was observed to be on duty and providing direct patient care.
On 6/14/22 at 8:39 AM, the DON and ADON were interviewed regarding the abuse allegation. They reported they had interviewed Resident #63 and the resident reported to them the same thing that had been reported to the surveyor. They reported that they obtained a statement from GNA #9 in which she had confirmed she had thrown away the newspapers even though Resident #63 had asked her not to because the newspapers had been old. The DON and ADON reported the conclusion of their investigation had been that GNA #9 had misappropriated Resident #63's belongings. They confirmed that additional staff who worked with GNA #9 and additional residents on GNA #9's assignment had not been interviewed. They reported the action taken was to educate GNA #9 regarding resident rights and misappropriation of resident property.
During an interview with GNA #9 on 6/14/22 at 9:40 AM, she denied that Resident #63 had asked her not to throw away the newspapers, but had kept the parts of the newspapers that Resident #63 had requested to keep. Also, GNA #9 reported there had been a witness to the incident and it was GNA #11 because she had been training her.
During an interview with GNA #11 on 6/14/22 at 9:47 AM, it was revealed that she had been in the room at the time of the incident and that GNA #9 told Resident #63 that they needed to the throw the old newspapers away and asked Resident #63 which parts he/she wanted to keep.
A subsequent interview with the DON and ADON on 6/14/22 at 10:12 AM, revealed that they had not been aware of a witness and had not directly asked GNA #9 if there had been one.
A medical record review for Resident #63 was conducted on 6/14/22 at 9:57 AM and revealed a clinician's progress note, dated 5/10/22, that documented Resident #63 had a stroke that left him/her paralyzed on one side of the body along with other chronic medical disease management. In addition, review of a Minimal Data Set (a standardized assessment tool) with an Assessment Reference Date of 1/29/22 revealed in section C that the resident's cognition level was intact.
Review of the facility's investigation file for the self-reported incident #MD00180313 on 6/14/22 at 10:04 AM revealed that the self-report had been sent to the State Agency on 6/6/22 at 4:58 PM and the final self-report with the results of the investigation was sent to the State Agency 1 ½ hours later at 6:29 PM. The documents included: self-report form, education form for GNA #9 regarding resident rights, a statement from GNA #9, a BIMS (Brief Interview for Mental Status which is a tool to measure a resident's level of brain function) assessment dated [DATE], for Resident #63 which indicated that the resident had been cognitively intact, and an Assessment of Decision-Making Capacity which indicated the resident had been deemed incapable by 1 physician. However, facility staff had failed to conduct a thorough investigation to determine if abuse had occurred and nor did they take the appropriate action needed and allowed GNA #9 to continue to work with vulnerable residents in the days following the incident.
4) A medical record review for Resident #83 on 6/13/22 at 9:37 AM revealed a progress note from Attending Physician staff #41 that documented Resident #83 was admitted for chronic medical condition management.
On 6/8/22 at 2:29 PM, a review of the facility's investigation file for self-report MD00177642 revealed that Geriatric Nursing Assistant (GNA) #18 and GNA #17 had reported an allegation of abuse to the charge nurse on 5/22/22 at 11:07 AM. GNA #18 wrote a statement that, on 5/22/22 at 7:50 AM, they went into Resident #83's room to set up his/her breakfast tray and Resident #83 reported he/she had a horrible night and that the caregiver last night had slammed him/her against the bedrails as she/he turned them, and pulled the resident's tongue with their hand. GNA #17 documented that Resident #83 became upset as he/she was telling them about the incident. A statement was obtained from GNA #17 who stated that while providing Resident #83 with morning care the resident told her about the overnight aide doing something to his/her tongue. Also in the investigation file was a statement from GNA #20, the alleged perpetrator, in which he had not reported the incident as described by Resident #83. GNA #20 was a contracted employee and asked not to return to the facility. However, the facility failed to interview staff who had worked the same shift as GNA #20 on the night of the alleged abuse and failed to interview any other residents that GNA #20 had cared for to determine if there had been any other incidents of abuse.
An interview with the Director of Nursing on 6/14/22 at 10:31 AM revealed the allegation of abuse was unsubstantiated. Reviewed concerns that a thorough investigation had not been done.
(Cross Reference F600, F607, and F609)
2) Complaint #MD00161874 was reviewed on 6/9/22 at 10:47 AM. The complaint was received by the State Agency from Adult Protective Services (APS). The complaint indicated that APS received an allegation from an anonymous caller that Resident #35 was fine when visited on 12/24/20 and observed with bruising on the face and neck on 12/27/20, and the resident said that he/she was punched in the face in the middle of the night by a big black lady.
Review of Resident #35's medical record on 6/9/22 at 10:47 AM revealed the resident had diagnoses which included Unspecified dementia, Vascular dementia with behavioral disturbance. The resident was followed by Psychiatric Services.
A behavior progress note, dated 12/26/2020 22:04, indicated: Behavior Note Late Entry: Note Text: Resident combative with staff, using inappropriate speech and name calling. This nurse witnessed resident flailing arms, balling up fist and yelling obscenities. This nurse was able to eventually calm resident to perform wound care to skin tear on left forearm. Resident had small self inflicted bruise to left side of jaw. Resident slept for remainder of shift following behaviors. Staff will continue to monitor - Nursing.
The Director of Nursing was asked to provide documentation regarding any incidents related to Resident #35 from December of 2020. Documentation was provided to the surveyor and reviewed on 6/10/22 at 8:00 AM.
The documentation included an email communication dated 1/4/21 at 2:52 PM, between Staff #2 a Social Work Associate, Staff #7 the previous Director of Nursing (DON) and Staff #54 the former Assistant Director of Nursing (ADON).
Staff #2 indicated in the email that she received a call from the Ombudsman regarding an APS referral she received. The email revealed: The referral stated that this person visited the resident on December 24th, and he/she was fine and came again on December 27th and the resident was badly bruised and had swelling. When asked what happened the resident stated, A big black lady came in and punched me in the face. The email response from Staff #7 on 1/4/22 at 3:40 PM included I guess we should have reported this .at least we have an investigation on file and when he/she was interviewed originally, he/she didn't say this.
On 1/4/21 at 4:05 PM, Staff #7 sent another reply in which he stated, Actually in looking at it we have a good note regarding his/her behaviors and that the bruise was self inflicted so nothing to report. Staff #67 did an investigation just to be on the safe side, but it looks like everything is order.
The documentation did not include an abuse investigation.
On 6/10/22 at approximately 11:00 AM, the surveyor requested a copy of the facility's investigation of the abuse allegation. The surveyor was provided with a bruise incident report which was not dated and did not identify the person who completed it. The facility failed to provide a copy of an abuse investigation.
An interview was conducted on 6/10/22 at 3:00 PM with the current DON and ADON
and they were made aware that the surveyor requested the facility's investigation regarding Resident #35's allegation of abuse but was provided with a bruise incident report. The ADON indicated that everything was handled by the prior DON and ADON and that they were not sure of exactly what was done. She added that she did not think that the facility reported the allegation of abuse to the State Agency.
An interview was conducted with Staff #67 on 6/13/22 at 10:16 AM. She confirmed that she completed the bruise incident report and obtained statements from staff regarding Resident #35's behaviors and having a self-inflicted bruise. She confirmed that she did not obtain statements regarding abuse. She indicated that she turned the statements and incident report over to the former DON and ADON and was not sure what was done with it after that. She was asked if the incident was reviewed in QA. She indicated that she was not sure, that she would check and follow up with the surveyor. No further information was provided.
The facility failed to provide evidence that they conducted a thorough investigation once they were made aware that an allegation of abuse had been made. In an interview on 6/10/22 at 10:55 AM, the Associate Nursing Home Administrator was made aware of the above concerns. She indicated that she was surprised that it wasn't reported or investigated because a surveyor had just been at the facility and the same thing had been identified at that time.
Based on review of medical records and investigative documentation and interviews, it was determined that the facility failed to have an effective system in place to ensure that abuse allegations were thoroughly investigated to determine if abuse occurred and take appropriate action. This was found to be evident for 4 (#28, #35, #63, and #83) out of 13 residents reviewed for abuse during the survey.
The findings include:
1) Review of Resident #28's medical record on 6/7/22 revealed a Brief Interview for Mental Status (BIMS) score of 15/15, which indicated that the resident was cognitively intact. The resident was observed to be alert and oriented and was able to be interviewed as part of the initial survey process.
On 6/14/22, review of the facility reported incident MD00177857 revealed that the resident reported to a nurse on 5/28/22 that, on 5/26/22, GNA #13 stated you have a big butt.
Interview with the Assistant Director of Nursing (ADON) on 6/14/22 at 8:35 AM revealed that she had spoken to the resident and got a witness statement from the person involved.
Review of the investigation documentation revealed a typed statement from GNA #13 obtained via telephone by [name #14]. dated 5/31/22, which indicated it was a verbal statement from GNA #13 obtained via telephone by [name #14]. No documentation was found on the statement to indicate who #14 was. During the 6/14/22 8:35 AM interview, the ADON reported that #14 was in charge of the agency that employs GNA #13. The ADON confirmed that she did not speak with GNA #13 and that they had not been back to the facility. The ADON also confirmed that no other residents were interviewed in relation to this investigation.
Further review of the investigation documentation failed to reveal documentation to indicate interviews were conducted with any other staff or residents.
On 6/14/22, review of the Corporate Abuse Policy Investigation and Reporting [provided during the survey, but fails to include a revision date] revealed:
Role of the Investigator:
1. The individual conducting the investigation will, as a minimum:
g. Interview staff members (on all shifts) who have had contact with the resident during the period of the alleged incident
i. Interview other residents to whom the accused employee provides care or services
On 6/14/22 at 8:45 AM, surveyor reviewed the concern that they failed to complete a thorough investigation with the ADON.
Review of the Concern Report, dated 5/31/22, revealed that it was in regard to the 5/26/22 incident with GNA #13. It was also noted to have been signed off as reviewed by the Director of Social Service, the Administrator and the Director of Nursing (DON).
On 6/16/22 at 4:00 PM, the Administrator confirmed that he was the abuse coordinator. When asked if the DON had received any specific training in conducting investigations, the Administrator reported: on the job training. The Assistant Administrator reported that the DON had taken a certified director of nursing course. After surveyor reviewed the timeline of the investigation, the Administrator confirmed that it was not an acceptable investigation and stated: it was a mistake.
On 6/17/22 at approximately 2:00 PM, the Administrator confirmed that he reviewed the complaint investigations.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Assessment Accuracy
(Tag F0641)
Could have caused harm · This affected 1 resident
2) On 6/6/22 at 11:33 AM, an observation of Resident #33 revealed the resident's fingers on both hands were bent in a closed fist position and appeared to be contracted with no splint or device in eit...
Read full inspector narrative →
2) On 6/6/22 at 11:33 AM, an observation of Resident #33 revealed the resident's fingers on both hands were bent in a closed fist position and appeared to be contracted with no splint or device in either hand.
A contracture is a condition of shortening and hardening of muscles, tendons or other tissue which often leads to deformity and rigidity of joints
On 6/23/22 at 2:00 PM, a review of the Resident #33's medical record revealed the resident has resided in the facility since 2016, has had a diagnosis of contractures since 2016 and documented the resident was totally dependent on staff for all activities of daily living and positioning. On 6/7/22, in a progress note, the PA (physician's assistant) documented that Resident #33's upper and lower extremities were noted to have contractures.
Review of Resident #33's quarterly MDS with an ARD (assessment reference date) of 3/26/22, revealed the MDS was inaccurate. Section G. Functional status, Section G0400. Functional Limitation in Range of Motion, Code for limitation that interfered with daily functions or placed resident at risk of injury documented Resident #33 had no impairment in either the upper or lower extremities. The MDS failed to accurately capture Resident #33's functional impairment.
(Cross reference to F 656)
Based on medical record review and interview, it was determined that the facility failed to ensure Minimum Data Set (MDS) assessments were completed to accurately reflect the resident's status as evidenced by failure to accurately identify a resident's range of motion status. This was found to be evident for 2 (#74, #33) of 4 residents reviewed for position and mobility. The findings include:
The MDS is part of the Resident Assessment Instrument that was Federally mandated in legislation passed in 1986. The MDS is a set of assessment screening items employed as part of a standardized, reproducible, and comprehensive assessment process that ensures each resident's individual needs are identified, that care is planned based on these individualized needs, and that the care is provided as planned to meet the needs of each resident.On 6/9/22, review of Resident #74's medical record revealed the resident had resided at the facility for several years. Since 5/3/22, the resident's diagnosis include contractures of left and right hip and both knees.
A contracture is a tightening of muscles that causes joints to become stiff and prevent normal movement of the joint. Contractures can place a resident at risk of developing pressure ulcers.
Review of the Minimum Data Set (MDS) section G0400 Functional Limitation in Range of Motion revealed the following directions: Code for limitation that interfered with daily functions or placed resident at risk of injury. This means ithat, f a contracture was present that interfered with daily living or placed the resident at risk for an injury, it should be coded (assessed) in this section of the MDS.
Review of the MDS, with an ARD of 5/26/22, section G0400 revealed documentation that the resident had no impairment in either the upper or lower extremities. This assessment failed to identify the presence of the contractures of the hips and knees.
On 6/17/22 at 12:25 PM, the MDS nurse (#53) reported she did not document the contractures because the resident doesn't move around much and so they did not interfere with the resident's daily function.
On 6/17/22 at 12:54 PM, the MDS nurse provided the notes for the 5/26/22 MDS. Review of these notes failed to reveal documentation of a rationale for coding no impairment for the resident who had contractures. Surveyor then reviewed the concern with the MDS nurse that the functional limitation in range of motion was not coded since there was a risk of injury related to the contractures.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Comprehensive Care Plan
(Tag F0656)
Could have caused harm · This affected 1 resident
A review of Resident #88's medical record on 6/9/22 at 10:23 AM revealed the resident had a hospitalization to rule out seizure and hypomagnesemia on 5/1/22-5/5/22. A review of the resident's discharg...
Read full inspector narrative →
A review of Resident #88's medical record on 6/9/22 at 10:23 AM revealed the resident had a hospitalization to rule out seizure and hypomagnesemia on 5/1/22-5/5/22. A review of the resident's discharge summary from the hospital, dated 5/5/22, indicated that Resident #88 had hypomagnesemia. Further review of Resident #88's medical records revealed that a nurse taught the resident about s/s (sign and symptom) of a low magnesium level on 5/9/22. However, a care plan was not updated regarding hypomagnesemia.
During an interview with the Assistant Director of Nursing (ADON) on 6/23/22 at 4:15 PM, she confirmed that, after a resident was discharged from the hospital, the facility staff needed to revise the care plan based on the resident's health status. The ADON agreed that the facility failed to update the care plan for Resident #88.
4) On 6/6/22 at 11:33 AM, an observation of Resident #33 revealed that the fingers on both hands were bent in a closed fist position and appeared to be contracted with no splint or device in either hand.
A contracture is a tightening of muscles that causes joints to become stiff preventing normal movement of the joint. ROM (Range of motion) refers to how far a person can move or stretch a body part, such as a joint or muscle. PROM (Passive ROM) means the person does not perform any movement themselves. AROM (Active ROM) means the person performs the movement of a joint entirely by themselves.
On 6/23/22 at 2:00 PM, a review of the Resident #33's medical record revealed that the resident resided in the facility since 2016, and had multiple diagnosis including, but not limited to, stroke, dementia, chronic pain syndrome and contracture of unspecified joint. The medical record documented that Resident #33 had severe cognitive impairment, and was totally dependent on staff for all ADLs (activities of daily living), including positioning. On 6/7/22, in a progress note, the PA (physician's assistant) indicated that Resident #33 was aphasic and in a chronic persistent vegetative state. The PA also documented Resident #33's upper and lower extremities were noted to have contractures.
Continued review of the resident's medical record failed to reveal documentation that Resident #33 was receiving or had received treatment or services that addressed the resident's limited range of motion and contractures. On 6/23/22 at 2:52 PM, when asked if Resident #33 had received treatment to prevent further decline of his/her contractures, the Assistant Director of Nurses (ADON), indicated he/she would look into it.
On 6/23/22 at 4:06 PM, the ADON provided the surveyor with a copy of an Occupational Therapy (OT) Discharge Summary which documented that Resident #33 was discharged from OT because the resident had achieved his/her maximum potential and was referred for the RNP (Restorative Nursing Program) to start on 7/23/21.
The OT's discharge recommendations included Resident #33 continue with UE (upper extremity) PROM and positioning with total assist of caregivers to prevent further loss of ROM and indicated that a Restorative ROM Program and a Restorative Splint and Brace Program had been established for the resident and staff had been trained. The OT documented a visual handout in the resident's record on details of recommended UB (upper body) PROM techniques that were provided for the restorative ROM program, and a visual handout on details of recommended UE (upper extremity) PROM techniques had been provided for the restorative splint/brace program,
Further review of Resident #33's medical record failed to reveal documentation to indicate that the recommended restorative ROM program and restorative splint and brace program had been implemented when the resident was discharged from therapy.
Review of Resident #33's care plans included 4 care plans that minimally addressed the Resident #33's actual contractures and limited ROM:
a) According to care plan documentation, Resident #33 had potential for impaired tissue integrity r/t immobility h/o pressure ulcer, incontinence, contractures, multiple joints, moisture, family's request for resident to remain in bed with the goal, Resident #33 will have intact skin, free of redness, blisters or discoloration by/through review date. The interventions had measures to prevent skin breakdown including side-to-side positioning and turning and positioning, however, there were no interventions addressed the resident's limited ROM and actual contractures.
b) A care plan, initiated on 3/8/16, Resident #33 has an ADL self-care performance deficit r/t (related to) multiple strokes, dementia, immobility, blindness, with the goal, the resident will accept routine care from staff, that had interventions which included contractures: the resident has contractures of all extremities. Provide frequent skin care to keep clean and prevent skin breakdown. There were no interventions that addressed the resident's limited ROM and actual contractures.
c) According to a care plan, Resident #33 has potential for pain r/t chronic pain syndrome, muscle spasms, contractures all extremities, GERD (gastroesophageal reflux disease) (heart burn), possible nausea, with the goals, Resident #33 will not have discomfort related to side effects of analgesia through the review date and the resident will show no s/s of pain/discomfort through the review date, that included an intervention, provide gentle active and passive ROM as tolerated with care.
The care plan intervention was not resident centered as the intervention did not identify the location of Resident #33's contractures, or the resident's joint or body part that was to receive the range of motion. There was no documentation in the medical record to indicate that the facility staff followed the care plan and the resident received ROM as tolerated with care. In addition, review of the medical record failed to reveal evidence that the resident would be able to perform active range of motion.
d) In an additional care plan, it was noted that Resident #33 has no unassisted physical mobility r/t multiple strokes, with the goal, the resident will remain free of complications related to immobility, including further contractures, thrombus (blood clot) formation, skin-breakdown, fall related injury through the next review date with the interventions, Hoyer lift at all times for transfers, Monitor/document/report PRN (as needed) any s/sx (signs/symptoms) of immobility; contractures forming or worsening, thrombus formation, skin-breakdown, fall related injury, PT, OT referrals as ordered, PRN, and provide gentle range of motion as tolerated with daily care.
The care plan was not comprehensive, with resident specific interventions to mitigate the potential complications of Resident #33's limited ROM and actual contractures. The care plan failed to identify the location of Resident #33's contractures or identify the resident's joint or body part that was to receive the range of motion. In addition, the medical record failed to reveal evidence that the facility staff followed the care plan. There was no documentation in the medical record to indicate that Resident #33 was provided gentle ROM with daily care.
No other care plans were found that addressed Resident #33's limited ROM and actual contractures, and no documentation was found to indicate that the recommended restorative ROM program or the restorative splint/brace program, as well as the recommended UB and UE PROM techniques had been added to the care plans.
The ADON was made aware of the concerns related to Resident #33's care plan on 6/23/22 at 4:25 PM.
5) On 6/9/22 at 9:00 AM, a review of complaint #MD00175512 was conducted. In the complaint, the complainant reported concerns related to the care that Resident #251 received while the resident resided in the facility. At that time, a review of Resident #251's medical record revealed that the resident was admitted to the facility in October 2021 with multiple diagnoses including, but not limited to, Hypertension, and had a history of Coronary (heart) artery disease, and had Coronary artery bypass grafting (surgery where a healthy blood vessel taken from another part of the body is used to make a new path for blood around a blocked artery leading to the heart).
On 6/9/22 at 9:40 AM, during a phone interview, the complainant reported that following Resident #251's discharge from the facility, the complainant requested a copy of the resident's medical records. The complainant stated he/she was concerned because Resident #251 had heart issues and the medical record showed that sometimes the resident's BP (blood pressure) would be high, and the facility staff would not recheck his/her BP again until the next morning. The complainant indicated this happened 4 or 5 times and the facility staff never called an ambulance or the family
Per the FDA (Food and Drug Administration) Normal blood pressure is 120/80 or lower. Blood pressure is considered high (stage 1) if it reads 130/80. Stage 2 high blood pressure is 140/90 or higher.
On 6/10/22 at 10:00 AM, a review of Resident #251's blood pressures recorded in his/her EMR (electronic medical record) was conducted. The EMR documented Resident #251's blood pressure was 180/88 on 12/4/21 at 7:40 PM, 180/80 on 12/9/22 at 7:56 PM, 160/94 on 1/2/22, 200/100 on 1/16/22, 186/76 on 1/18/22, 160/79 on 1/20/22 and 164/82 on 1/25/22 a 7:26 PM. Continuous review of the medical record failed to reveal documentation that the physician had been made notified when Resident #251 had abnormal blood pressures.
Review of Resident #251's care plans revealed a care plan the resident has coronary artery disease (CAD) r/t Atherosclerosis (thickening, hardening of the arteries), Hypertension (high blood pressure) with the intervention Monitor blood pressure. Notify physician of abnormal readings. The facility staff failed to follow the care plan by failing to notify the physician when Resident #251's blood pressure was abnormal.
The Director of Nurses was made aware of the above concern on 6/10/22 at 1:42 PM.
Based on medical record review and interviews, it was determined that the facility 1) failed to have an effective system in place to ensure that restorative nursing services were incorporated into resident care plans, 2) failed to develop and implement a comprehensive person-centered care plan for a resident with limited range of motion and contractures and a resident with hypomagnesemia, 3) and failed to follow the care plan. This was evident for 3 (#74, #28, #7) of 4 residents reviewed for a decline in activities of daily living, 1(#88) of 4 residents reviewed for hospitalization, 1 (#33) of 4 residents reviewed for position/mobility, and 1 (#251) of 4 residents reviewed for complaints. The findings include:
A care plan is a guide that addresses the unique needs of each resident. It is used to plan, assess, and evaluate the effectiveness of the resident's care.
1) On 6/9/22, review of Resident #74's medical record revealed that the resident had resided at the facility for several years. The resident's diagnosis included contractures of left and right hip and both knees. Review of the current care plan revealed the following interventions: NURSING REHAB/RESTORATIVE: LEROM [lower extremity range of motion] while in bed, passive of hip knee and ankle Rep [repetitions]: 10, Sets: 1. Upper extremity: while in bed, passive of wrist, elbow and shoulder. Rep: 10, sets: 2. Exercise program provided. This intervention had been initiated 10/1/18 and had a revision date of 6/20/19.
Further review of the medical record failed to reveal documentation to indicate that the restorative range of motion exercise program referenced in the care plan was currently being completed.
On 6/13/22 at 1:42 PM, the nursing supervisor (#34) reviewed the care plan interventions for Restorative listed above with the surveyor. The supervisor confirmed that the exercises indicated in the care plan were not occurring at present. She went on to report that they would have been done when the resident was in therapy in 2018 and should have been discontinued when the therapy was done.
Further review of the medical record revealed that, since 5/2/22, the resident's diagnosis included contractures of the hips and knees. A contracture is a tightening of muscles that causes joints to become stiff preventing normal movement of the joint.
Further review of the medical record and interview with the Rehab Director on 6/9/22 at 2:43 PM revealed that the resident had been discharged from OT on 5/26/22 with a plan to start a restorative nursing program. The Rehab Director reported that they had been working on identifying more optimal positions for the resident. The Rehab Director provided a Rehab Discharge Program - Occupational Therapy form, dated 5/26/22, that indicated it was for restorative care and addressed Upper Extremity ROM/Strengthening as well as positioning instructions.
Further review of the resident's care plan failed to reveal documentation to indicate that the May 2022 positioning instructions had been incorporated into the care plan.
On 6/15/22 at 2:18 PM, surveyor reviewed the concern with the Director of Nursing (DON) and Assistant Director of Nursing (ADON) that the care plan indicated that exercises should be conducted, but based on medical record review and staff interview, they were not occurring. Also, it was noted that since these exercises were put in place, the resident had participated in therapy again with new restorative recommendations, however, there was no update to the care plan to reflect the resident's current status and needs for ROM and positioning.
2) On 6/7/22, Resident #28 was observed to have contractures in both hands. The resident confirmed his/her hands had been like that since before admission to the facility.
A contracture is a tightening of muscles that causes joints to become stiff preventing normal movement of the joint. Contractures can be caused by inactivity.
On 6/14/22, review of the medical record revealed orders for occupational therapy (OT) starting in January 2022 that were discontinued on 2/4/22.
On 6/15/22 at 11:39 AM, the Rehab Director (#42) provided a copy of the 2/4/22 OT discharge summary and a Rehab Discharge Program - Occupational Therapy form.
Review of the OT Discharge Summary revealed that OT recommended a RNP (restorative nursing program) and that the program had been established.
Review of the Rehab Discharge Program - Occupational Therapy form revealed that an exercise program was attached and that 2-3 sets of 5-10 repetitions of Upper Extremity ROM/Strengthening exercises were recommended.
On 6/15/22 at 11:45 PM, the Rehab Director reported that they usually recommend that the exercises be completed 3-5 times a week and indicated they would be incorporated into the care plan. He proceeded to look up the current care plan and reported that he could not find these exercises in the care plan.
On 6/15/22, review of the current care plan revealed a plan addressing limited physical mobility which included an intervention to provide gentle ROM as tolerated with daily care, and to monitor for contractures forming or worsening. No documentation was found in the care plan regarding a restorative plan or the exercises recommended by OT.
3) On 6/7/22, review of Resident #7's medical record revealed that the resident had resided at the facility for more than 2 years and whose current diagnoses included, but were not limited to, dementia, lung disease, and kidney disease. Review of the physician orders revealed a 12/6/21 order to discontinue occupational therapy services and begin a restorative nursing program.
On 6/09/22 at 2:56 PM, the Rehab Director (#42) reported that therapy had recommended range of motion (ROM) and upper extremity exercises and that care giver training had occurred. The Rehab Director provided a copy of a Rehab Discharge Program Occupation Therapy form which revealed a start date of 12/31/21 for Restorative care.
Further review of the 12/31/21 Rehab Discharge Program Occupation Therapy form revealed an exercise program was attached and that 2 sets of 10 repetitions were being recommended. Review of the exercise program documentation revealed 4 different upper extremity exercises using 1-2 lbs weights.
Further review of the resident's care plan failed to reveal documentation to indicate the restorative nursing program, including the recommended exercises, had been added to the care plan.
On 6/13/22 at 1:46 PM surveyor asked nursing supervisor (#34) about an exercise program for Resident #7. After reviewing the resident's care plan in the electronic health record, the nursing supervisor reported that she did not see anything specific like a restorative program.
On 6/15/22 at 2:18 PM surveyor reviewed with the DON and the ADON that no documentation was found in the care plan regarding the restorative nursing program.
The concern regarding the failure to update the care plans regarding restorative nursing care was reviewed with the ADON and DON on 6/24/22 at 12:30 PM.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0657
(Tag F0657)
Could have caused harm · This affected 1 resident
Based on review of the medical record, it was determined the facility staff failed to ensure that the resident's plan of care was reviewed and revised by the interdisciplinary team after a quarterly r...
Read full inspector narrative →
Based on review of the medical record, it was determined the facility staff failed to ensure that the resident's plan of care was reviewed and revised by the interdisciplinary team after a quarterly review assessment. This was evident for 1 (#5) of 3 residents reviewed for skin assessments.
The findings include:
The MDS (Minimum Data Set) is a complete assessment of the resident which provides the facility with the information necessary to develop a plan of care, provide the appropriate care and services to the resident, and to modify the care plan based on the resident's status. A care plan is a guide that addresses the unique needs of each resident. It is used to plan, assess, and evaluate the effectiveness of the resident's care.
Resident #5's medical record was reviewed on 10/26/22 at 11:00 AM. The record revealed that 2 Plans of Care were developed related to Resident #5's skin integrity. The first: Potential for impaired skin integrity was initiated 8/8/16 and included an updated focus: 6/22/22, scratch to left lower jawbone. It indicated that it was revised on 10/3/22 but did not reflect what the revision was on that date. The resident's goals were identified as (resident) will have intact skin free of redness, blisters, or discoloration by/through review date. and (Resident #5's) scratch to the left lower jawbone will show signs of improving/resolving without complications by the review date. The target date was 10/10/22. The second: plan of care had the focus: (resident) has an abrasion/scratch to left jaw bone. It was initiated 6/24/22. The resident's goal was: (Resident #5's) abrasion/scratch to left jaw bone will heal without complications by review date. The target date was 10/10/22.
Resident #5's record revealed a Quarterly MDS assessment with an assessment reference date of 9/8/22.
Review of the Care Plan Progress notes in Resident #5's record revealed that several care plan notes were written on 9/22/22 and 10/6/22 however, the notes failed to reveal that the facility staff evaluated resident #5's plans of care for skin integrity/scratch to left lower jaw after the most recent Quarterly MDS assessment.
Cross Reference F-684
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Respiratory Care
(Tag F0695)
Could have caused harm · This affected 1 resident
Based on observation, review medical records and facility policy, and interview with staff, it was determined that the facility failed to ensure that each resident received necessary respiratory care ...
Read full inspector narrative →
Based on observation, review medical records and facility policy, and interview with staff, it was determined that the facility failed to ensure that each resident received necessary respiratory care and services. This was evidenced by the facility staff's failure to properly date and label oxygen tubing when changed for 2 (#78 and #26) of 6 residents reviewed for Respiratory Care, and failed to ensure that care was provided in accordance with facility policy and the resident's plan of care for 1(#26) of 6 residents reviewed for Respiratory Care. The findings include:
1) On 6/7/22 at 11:09 AM, the surveyor observed Resident #78 sitting in a wheelchair at a table in the dining room, socializing with other residents. An oxygen concentrator (a machine that concentrates oxygen from the air) was behind the resident. The resident was wearing a nasal cannula (oxygen tube with nose prongs) that was connected to the concentrator. The tubing was not date labeled to indicate when it was last changed. When asked, the resident was unable to recall when it was last changed.
Review of Resident #78's medical record revealed a physician's order, dated 5/8/22, for Oxygen Tubing and Water Bottle: Change oxygen tubing and humidification bottle twice monthly and PRN (as needed) Label with date. A pPlan of care was developed for Resident #78 for altered respiratory status/difficulty breathing. The interventions included, but were not limited to: Oxygen Tubing and Water Bottle: Change oxygen tubing and humidification bottle
twice monthly and PRN Label with date.
2) Resident #26 was observed on 6/7/22 at 12:46 PM lying in bed. An oxygen concentrator was at his/her bedside delivering oxygen through a nasal cannula. The nasal cannula was date labeled 5/3/22 11-7.
Review of Resident #26's medical record on 6/22/22 at 9:51 AM revealed an active physician order written 5/15/21 for: Oxygen Tubing and Water Bottle: Change oxygen tubing and humidification bottle monthly on the 15th of the month night shift. Label with date. The resident's TAR (Treatment Administration Record) for 6/22 included: Oxygen Tubing and Water Bottle: Change oxygen tubing and humidification bottle monthly on the 15th of the month night shift. Label with date. The TAR was signed off to indicate it was completed on 6/15/22.
Further review of Resident #26's medical record revealed a plan of care initiated 5/22/17 for altered respiratory status. The resident's goal was to maintain normal breathing pattern as evidenced by normal respirations, normal skin color and regular respiratory rate/pattern.The interventions included but were not limited to: Oxygen settings: continuous O2 (oxygen) via nasal cannula @ 5 LPM (liters per minute). Change tubing and water bottle on the 2nd and 15th of every month; label with date.
In addition to specifying that the oxygen tubing should be labeled when changed, the plan of care instructed that the tubing and humidification bottle should be changed twice a month, not once a month as indicated in the physician's order and TAR.
The surveyor requested the facility's oxygen policy and procedures and was provided with an Oxygen Use and Storage policy. Review of this policy on 6/22/22 at 10:57 AM revealed: Procedure: 6. b. Humidifier bottles will be disposed of and replaced when the bottle becomes empty and on the 2nd and 15th each month. The policy did not indicate a frequency for changing oxygen tubing.
An interview was conducted with the Director of Nursing (DON) and Assistant Director of Nursing (ADON) on 6/22/22 at 2:26 PM. They confirmed that the oxygen tubing and humidification bottles were changed twice a month. They provided and reviewed a policy for Oxygen and Nebulizer Tubing with the surveyor.
The policy stated: Oxygen and nebulizer tubing and water bottles will be changed routinely. Procedure:
1. Oxygen: a. Night shift charge nurse will change tubing on the 2nd and on the 15th of each month. b. All nurses are responsible for changing tubing as indicated when soiled. c. Tubing will be dated and initialed when changed. d. Night shift nurse will change the water bottles used for humidification on the 2nd and on the 15th of each month. and e. All nurses will replace humidification water bottles when empty or soiled.
Another observation was made of Resident #26 on 6/22/22 3:55 PM. The Resident was lying in bed and receiving oxygen by nasal cannula from the oxygen concentrator. No date label was on the oxygen tubing at that time.
According to the TAR, the tubing was changed on 6/15/22 however, the tubing had no date label.
The DON & ADON were made aware of these findings on 06/22/22 04:53 PM.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0711
(Tag F0711)
Could have caused harm · This affected 1 resident
Based on medical record review and interview, it was determined that the facility failed to ensure that physician's progress notes accurately reflected the medications that the resident was currently ...
Read full inspector narrative →
Based on medical record review and interview, it was determined that the facility failed to ensure that physician's progress notes accurately reflected the medications that the resident was currently receiving. This was found to be evident for 2 (#74 and #1) of 7 residents reviewed for unnecessary medications.
The findings include:
1a) On 6/9/22,a review of Resident #74's medical record revealed that the resident had resided at the facility for several years. The resident's diagnoses included, but were not limited to, non-alzhiemer's dementia; anxiety, depression and a psychotic disorder not related to schizophrenia. The resident had been receiving the antipsychotic medication Seroquel for more than one year.
On 6/13/22, review of the orders and the Medication Administration Record (MAR) for June 2022 revealed that the resident was receiving Seroquel 25 mg every morning and Seroquel 75 mg every evening at bedtime.
On 6/13/22 at 11:03 AM, review of the psychiatric nurse practitioner's (#44) note, dated 6/6/22, revealed a section for Current Medications. This section included documentation of the Seroquel 75 mg at bedtime but failed to include documentation of the Seroquel 25 mg being administered in the morning. The note also included Will attempt GDR [gradual dose reduction] of seroquel.
On 6/13/22, further review of the medical record failed to reveal documentation to indicate that a GDR had been ordered after the 6/6/22 psychiatric nurse practitioners visit. The current order for the morning dose of Seroquel was in effect since December 2020, and the evening dose since 4/25/22.
On 6/15/22 at 3:02 PM, surveyor reviewed the concern with the psychiatrist (#8) that the note, dated 6/6/22, failed to include the morning dose of the Seroquel and that the note indicated that a GDR was going to be attempted. The psychiatrist reported that the plan may have initally been to attempt a gradual dose reduction, but that was no longer the plan and a meeting was scheduled later that day. The psychiatrist went on to report that NP #44 was new and that the note may just be in error, but acknowledged that the current medication list should be accurate.
Further review of the psychiatric notes revealed that, on 4/25/22, there was a plan to GDR the Seroquel from 100 mg at bedtime to 75 mg. Corresponding orders reflect that the GDR was instituted on 4/25/22.
Review of the 5/3/22 psychiatric note, as completed by Psychiatrist #8, revealed that the resident was currently receiving 100 mg of Seroquel at bedtime. Further review of the 5/3/22 note indicated that the contents were nearly identical to the 4/25/22 note, which had included the plan to attempt a GDR of the Seroquel from 100mg at bedtime to 75 mg. No documentation was found in the 5/3/22 note to indicate that the GDR had been initiated more than a week prior to the 5/3/22 visit.
Review of the 5/14/22 psychiatric note, completed by Psychiatrist #8, again documented that the resident was receiving 100 mg of Seroquel at bedtime.
1b) Further review of the medical record revealed that Resident #74 had orders for the antidepressant escitalopram (Lexapro) starting in December 2020. This medication was discontinued on 3/17/2022. No documentation was found to indicate that the resident received the Lexapro after 3/17/22.
Further review of the medical record revealed a note completed by the Physician Assistant for a visit on 6/6/22. The note indicated the resident was seen for .scheduled review of [his/her] chronic conditions. The following was found in the Plan section of the note: Delusional Disorder/Anxiety -Continue Lexapro .
Further review of the psychiatric notes, dated 5/14/22, 5/3/22 and 4/25/22, revealed documentation that the resident was continuing to receive Lexapro 5 mg everyday.
On 6/24/22 at 12:30 PM, surveyor reviewed with the Director of Nursing (DON) and the Assistant Director of Nursing (ADON) the concern that the psychiatric notes did not accurately reflect the resident's current medications.
2) On 6/22/21, review of Resident #1's medical record revealed a diagnosis of diabetes. Current orders included sliding scale insulin based on blood sugar levels which were to be obtained 4 times a day. The resident also had orders for Januvia, a medication that helps lower blood sugar levels, that was being administered once daily.
Review of the primary care providers progress notes revealed the resident was seen by the physician assistant (PA #6) on 5/20/22. Review of the note for this visit revealed a plan to continue the Januvia and Continue insulin sliding scale with plan to discontinue in the near future adn [and] restart Glipizide 2.5 mg daily.
Glipizide is another medication used to lower a resident's blood sugar level. Glipizide and Januvia are different medications.
Further review of the medical record failed to reveal an order for Glipizide between 5/20/22 and the review date of 6/22/22.
Further review of the medical record revealed a note written by the primary care physician (PCP#41) for a visit on 5/25/22 which revealed the following: Continue Januvia 50 mg daily and recently started glipizide.
Review of the notes completed by PA #6 for visits conducted on 5/27/22 and 5/31/22 also revealed the Continue Januvia 50 mg daily and recently started glipizide statements.
Review of the notes completed by PCP #41 for a visit conducted on 6/1/22 also revealed the Continue Januvia 50 mg daily and recently started glipizide statement.
On 6/23/22 at 9:36 AM, PA #6 confirmed that she had seen Resident #1 the month before. Surveyor provided the 5/31 and 6/1/22 progress notes for the PA to review. The PA reported that she did not recall any discussion about Glipizide. She went on to report that when she writes a note, she starts with the old note and edits from there and if not actively looking at an issue, she may not make a change to the note. The PA confirmed that the notes should be accurate.
On 6/23/22 at 4:22 PM, surveyor reviewed with ADON the concern regarding primary care provider notes that indicated the resident was receiving a medication that had not been ordered or administered.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Staffing Information
(Tag F0732)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on surveyor observation and interview with facility staff, it was determined that the facility staff failed to post the re...
Read full inspector narrative →
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on surveyor observation and interview with facility staff, it was determined that the facility staff failed to post the required staffing information in a prominent place easily accessible to residents and visitors. This was evident for 1 (Canal Side Skylight) of 6 resident care areas observed during the survey.
The findings include:
The surveyor observed the C wing 3rd floor - Canal Side Skylight Unit on 6/6/22 at 10:49 AM. Access to the unit required travel via elevator or stairs that required entry of a code into a keypad to unlock. The unit consisted of 8 bedrooms, housing 11 residents. The surveyor was unable to find the unit staffing assignment posted in a prominent place accessible to residents and visitors. Further observation of several bedrooms on C wing 3rd floor including room [ROOM NUMBER], #304 and #310, confirmed that staffing information was not posted within the resident rooms.
On 6/6/22 at 11:03 AM, Staff #45 was asked how the C wing 3rd floor Unit was staffed. She indicated that 1 Geriatric Nursing Assistant (GNA) was assigned to the C wing 3rd floor, 1 GNA was assigned to C wing 2nd floor also known as Canal Side Heights, and a 3rd GNA was assigned as a float to assists with both floors and to cover for breaks. She also indicated that there was 1 nurse who covered both floors of the C wing.
During an observation of the C wing 2nd floor on 6/15/22 at 11:47 AM, the surveyor observed that the required staffing information for both floors of the C wing was posted outside of the nurses' station on the 2nd floor. This location was not readily accessible to the residents residing on the 3rd floor of C wing nor their visitors.
An immediate observation of the C wing 3rd floor on 6/15/22 at 11:53 AM revealed that the required staffing information was again not posted on the 3rd floor.
Staff #31 was present on the C wing 3rd floor and was asked during an interview at 11:55 AM, where the staffing assignment information was posted for the residents residing on C wing 3rd floor. She pointed to an empty clear plexiglass frame on the wall in the hallway across from room [ROOM NUMBER] and stated, I'm not sure, it's usually posted here.
On 6/15/22 at 1:44 PM, the Director of Nursing (DON) and Assistant Director of Nursing (ADON) were made aware of these findings.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0757
(Tag F0757)
Could have caused harm · This affected 1 resident
2) A medical record review on 6/10/22 at 10:56 AM for Resident #34 revealed a provider progress note, dated 6/10/22, that documented Resident #34 had a diagnosis of COPD (Chronic Obstructive Pulmonary...
Read full inspector narrative →
2) A medical record review on 6/10/22 at 10:56 AM for Resident #34 revealed a provider progress note, dated 6/10/22, that documented Resident #34 had a diagnosis of COPD (Chronic Obstructive Pulmonary Disease which is defined as a group of diseases that affect the person's ability to breath by causing airway blockages per the Centers for Disease Control) along with other chronic diseases. The provider documented that her plan for COPD management was to continue the bronchodilators and other orders as needed. Further review of the medical record revealed a Medication Administration Record (MAR) for 5/22 that documented Resident #34 had two orders for inhaled medications to treat COPD. The first order started on 6/23/21 for Combivent Respimat Aerosol Solution 20-100 MCG/ACT (Ipratropium and Albuterol) and the second order started on 3/8/22 for Advair HFA Aerosol 115-21 MCG/ACT (Fluticasone-Salmeterol). Both inhalers contain medication that helps the smooth muscles in the bronchial tubes to relax.
Further review of the medical record revealed that, on 5/6/22, the Consultant Pharmacist conducted a medication regimen review for Resident #34. A Note to Attending Physician/Prescriber was initiated and recommended that the Attending Physician Staff #41 discontinue one of the orders due to duplication of inhaled smooth relaxants. Also, the Consultant Pharmacist noted that the use of Albuterol and Salmeterol may increase potential cardiovascular side effects (increased heart rate, hypertension, and irregular heart rhythm). Under the section for Physician/Prescriber Response, the order was written to discontinue the Combivent. However, as of 6/10/22 Resident #34 had continued to receive both inhalers.
On 6/10/22 at 12:47 PM, during an interview with Licensed Practical Nurse (LPN) #19, she reported that when the Consultant Pharmacist completes the medication regimen review, the information was faxed directly to the Registered Nurse (RN) House Supervisors' office and the RN House Supervisor processes it and places the new order in the computer if needed. The form was then completed in the resident's paper medical record.
An interview with RN House Supervisor #35 on 6/15/22 at 9:54 AM revealed that Resident #34's Note to the Attending Physician/Prescriber form had been lost in the office and had not been processed. RN house Supervisor #35 confirmed that Resident #34 had continued to receive the Combivent after a physician order had been written to discontinued it on 5/6/22.
During a discussion with the DON and ADON on 6/10/22 at 2:34 PM, they were made aware of the concern.
Based on medical record review and interview, it was determined that the facility failed to ensure that the residents were free from unnecessary medications as evidenced by 1) failing to follow a physician's order to monitor a resident's blood sugar four times a day for a resident receiving insulin; and failure to follow the physician's order to hold the insulin injection when the blood sugar level was below 120 and 2) failing to discontinue a duplicate medication as ordered by the attending physician. This was found to be evident for 2 (#59 and #34) of 7 residents reviewed for unnecessary medications during the survey.
The findings include:
1) On 6/21/22, review of Resident #59's medical record revealed a diagnosis of diabetes and orders for insulin injections.
Further review of the medical record revealed an order, with a start date of 5/11/22, for Fingerstick Blood Sugar levels four times a day and to contact the provider if the level was less than 70 or greater than 400. Review of the Medication Administration Record (MAR) revealed that the Fingerstick Blood Sugar levels were being documented as being completed twice a day at 8:00 AM and 4:00 PM. Further review of the medical record failed to reveal documentation to indicate that the blood sugar levels were being obtained more than twice a day.
Further review of the medical record revealed an order, with a start date of 5/11/22, for 8 units of Novolin R to be administered twice daily but should be held (not administered) if the blood sugar levels were below 120.
Novolin R is a short-acting insulin that starts to work within 30 minutes after injection, peaks in 2 to 3 hours and keeps working for up to 8 hours.
Further review of the June 2022 MAR revealed documentation that:
On 6/1/22 at 8:00 AM, the resident's blood sugar was 74 and the insulin was administered.
On 6/6/22 at 4:00 PM, the resident's blood sugar was 102 and the insulin was administered.
On 6/10/22 at 8:00 AM, the resident's blood sugar was 94 and the insulin was administered.
On 6/14/22 at 8:00 AM, the resident's blood sugar was 83 and the insulin was administered.
On 6/22/2,2 surveyor reviewed the concern with the Director of Nursing (DON) and Assistant Director of Nursing (ADON) regarding the facility staff's failure to obtain the blood sugar levels four times a day as ordered by the provider and failure to hold the insulin on multiple occasions when the blood sugar was below the ordered parameter to hold. As of time of exit on 6/24/22 at 2:45 PM, no additional documentation was provided regarding these concerns.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Medication Errors
(Tag F0758)
Could have caused harm · This affected 1 resident
Based on medical record review and interview, it was determined that the facility failed to ensure the residents were free from unnecessary psychotropic medications as evidenced by 1) the administrati...
Read full inspector narrative →
Based on medical record review and interview, it was determined that the facility failed to ensure the residents were free from unnecessary psychotropic medications as evidenced by 1) the administration of as needed antianxiety medication in the absence of documentation of the need for or request of the medication. This was found to be evident for 1 (#1) of 7 residents reviewed for unnecessary medications.
The findings include:
On 6/22/22, review of Resident #1's medical record revealed diagnoses that included but not limited to depression and generalized anxiety disorder. The resident had an order, with a start date of 5/16/22, for Xanax every 8 hours as needed for anxiety for 14 days.
Xanax, also known as alprazolam, is an antianxiety medication.
Review of the May 2022 Medication Administration Record (MAR) revealed that Xanax was administered on 5/19, 5/24 and 5/30. Further review of the medical record failed to reveal documentation of behaviors or requests that would indicate the need to administer the as needed antianxiety medication.
Further review of the medical record revealed the resident was seen by the psychiatric nurse practitioner (#44) on 6/13/22. Review of the note for this visit revealed a plan to Start alprazolam 0.5 mg tablet by mouth TID [three times a day] x 14 day. The order was originally put in the medical record as a regularly scheduled dose to be given three times a day, but after the first dose was administered, the order was changed on 6/15/22 to be given as needed.
Review of the June 2022 MAR revealed that the as needed antianxiety medication was administered on 6/15 at 4:39 AM and again on 6/22 at 4:59 AM. Further review of the medical record failed to reveal documentation of behaviors or requests that would indicate the need to administer the as needed antianxiety medication.
On 6/22/22 at 4:55 PM, the Assistant Director of Nurisng (ADON) reported the expectation when an as needed antianxiety medication was administered was that staff would document the behaviors and any non-pharmalogical measures attempted prior to administration. Surveyor reviewed the concern that no documentation was found related to behaviors prior to the administration of several doses of as needed Xanax in May and June.
On 6/23/22 at 10:14 AM, Nurse Practitioner (NP) #44 confirmed that the Xanax order was suppose to be as needed, stating: should of put the prn [as needed] in it in reference to the plan found in the 6/13/22 note. Surveyor then reviewed the concern that the Xanax was being administered without documentation of behaviors to indicate the need for its use. NP #44 confirmed that she also needed to have notes to justify the use of the medication.
As of time of exit on 6/24/22 at 2:45 PM no additional documentation was provided regarding this concern.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0761
(Tag F0761)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, staff interview, and facility policies review, it was determined that facility staff 1) failed to ensure d...
Read full inspector narrative →
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, staff interview, and facility policies review, it was determined that facility staff 1) failed to ensure documentation of a multi-use medication's expiration date when opened, 2) failed to discard medication bottles and medical supplies when expired, and 3) failed to develop policy and procedures for multi-use medication containers and follow the directions. This was evident in 2 of 5 rehab nursing units observed during random observations made during the survey.
The findings include:
1) On [DATE] at 1:37 PM, the surveyor inspected a medication storage room on the [NAME] view 2nd-floor with Registered Nurse (RN) #34 attending. The surveyor observed that the Allergy relief medication bottle was opened with the handwritten date marked as 1/23. There was no expiration date marked on the bottle. The surveyor informed RN #34 of the finding. She stated that any opened multi-dose medication bottle would be located on the medication cart and opened bottle should not be placed in the medication storage room cabinet. She threw the Allergy relief medication away immediately.
An inspection of long-term care unit 2C's medication cart was performed on [DATE] at 1:45 PM. In the 4th drawer of the medication cart, there was an opened box of Inhaler (name: Anora Ellipta) without marking the opened date and expiration date. There were two opened lactulose bottles marked ¾ and 4/4, both bottles did not have opened date and expiration date. During an interview with Registered Nurse (RN) #35 on [DATE] at 1:50 PM, she stated that both lactulose bottles were in use: ¾ meant 3rd bottle of total 4 bottles and 4/4 meant 4th bottle of total 4 bottles. She said, A staff member might of opened the 4/4 marked bottle while ¾ marked bottle was still in use.
On [DATE] at 2:22 PM, an inspection was conducted at [NAME] View 1st floor of the medication storage room with RN #36 attending. An opened 32 oz container of Biofreeze professional gel (pain relief gel) was found on the countertop of the storage room. No documentation was found on the container to indicate when it was opened or when it would expire. RN #36 was informed, and she threw it away.
2) During the interview with RN #34 on [DATE] at 1:37 PM, she indicated that medication storage stock was managed by the central purchasing unit. An interview was conducted with Purchasing Coordinator (PC) #38 on [DATE] at 1:44 PM. PC #38 stated her responsibility is to stock and monitor expiration date for the medications, and she performed inventory regularly. An unopened Aspirin 325mg bottle expiration date 5/22 was found by the surveyor at the medication storage room of [NAME] View 2nd floor in a cabinet. PC #38 threw it away.
During an inspection at [NAME] View 1st floor on [DATE] at 2:22 PM, an expired foley catheter (expiration date [DATE]) was found in the medication storage room drawer. RN #36 was informed, and she destroyed it.
3) During the interview with RN #35 on [DATE] at 1:50 PM, she stated that all staff were supposed to mark the open date, and some staff circled the expired date and others did not. RN #35 said, circling expired date is just easy to recognize.
During an interview with Licensed Practical Nurse (LPN) #19 on [DATE] at 1:23 PM, she stated that she used a reference chart named 'medications with shortened expiration dates' for tracking expiration dates. The 'Medications with Shortened Expiration Dates' indicated product name, generic name, and stability, in-use, and room temperature.
On [DATE] at 1:37 PM, an interview was conducted with RN #34. She stated that she wrote the opened date and circled the expired date.
On [DATE] at 12:20 PM, the facility's policy and procedure for 'Medication- Multi-Use Containers' was submitted by the Director of Nursing (DON). The submitted policy and procedure listed certain discarding times; 6 months after opening for ophthalmic drops, multi-dose vials, 30 days after opening for bacteriostatic water / normal saline for injections, and within 24 hours for sterile water for irrigation, sterile water for injection, and sterile normal saline for injection. However, there was no documentation related to the pill bottle maintenance guide. The DON was informed that each staff had a different method to track expiration dates and asked about the policy and procedures regarding this issue. She said, This is the only policy regarding multi-dose medication. I don't know about other medications not listed here.
The DON and the Assistant Director of Nursing (ADON) were aware of the above concerns on [DATE] at 12:40 PM.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0775
(Tag F0775)
Could have caused harm · This affected 1 resident
Based on medical record review and interview, it was determined that the facility failed to have an effective system in place to ensure lab results of COVID tests were kept in the resident's medical r...
Read full inspector narrative →
Based on medical record review and interview, it was determined that the facility failed to have an effective system in place to ensure lab results of COVID tests were kept in the resident's medical record. This was found to be evident for 3 (#74, #1 and #59) of 3 residents whose COVID testing results were reviewed during the survey.
The findings include:
1) On 6/9/22, review of Resident #74's medical record revealed the resident resided at the facility for several years. Review of the Medication Administration Record for June revealed documenation to indicate that staff had obtained a Nasopharyngeal Swab for COVID testing on 6/1, 6/9 and 6/16/22. The most recent COVID test results found in the electronic health record were from October 2021.
On 6/21/22, a review of Resident #74's paper chart failed to reveal documentation of COVID test results.
2) On 6/22/22, review of Resident #1's medical record revealed documenation to indicate staff had obtained a Nasopharyngeal Swab for COVID testing on 6/1, 6/9 and 6/16/22. Further review of the medical record failed to reveal documentation of the results of these three COVID tests.
3) On 6/22/22, review of Resident #59's medical record revealed documenation to indicate that staff had obtained a Nasopharyngeal Swab for COVID testing on 6/1, 6/9 and 6/16/22. Further review of the medical record failed to reveal documentation of the results of these three COVID tests.
On 6/22/22 at 4:55 PM, surveyor reviewed the concern with the ADON that the COVID results for Residents #74, #1 and #59 could not be found in the medical record. The ADON reported the results were in Simple Report, (a separate computer application/ program for the purpose of compilation of residents' COVID results) and confirmed that the Simple Report was not part of the resident's medical record.
Review of the statement of deficiencies for a Focused Infection Control survey conducted in December 2020 revealed a deficiency for failure to have laboratory reports in the medical record when a resident was tested for COVID-19.
(Cross reference to F867)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Infection Control
(Tag F0880)
Could have caused harm · This affected 1 resident
Based on surveyor observation and interview with the resident and staff, it was determined the facility failed to establish and maintain an infection prevention and control program designed to 1) ensu...
Read full inspector narrative →
Based on surveyor observation and interview with the resident and staff, it was determined the facility failed to establish and maintain an infection prevention and control program designed to 1) ensure staff were performing hand hygiene between changing gloves, and 2) provide a safe and sanitary environment as evidenced by staff failure to store a resident's toothbrush in a sanitary manner. This was evident for 1 (Registered Nurse, RN #33) of 3 staff observed for medication administration during the survey and 1 (Registered Nurse, RN #33) of 3 staff observed for medication administration during the survey and this was evident for 1 (#18) of 61 resident's reviewed during the survey. The findings include:
1) On 6/10/22 at 9:56 AM, an observation was made for RN #33's wound care for Resident #200. RN #33 prepared her materials on the bedside table for the dressing, set up, performed hand hygiene, put on clean gloves, removed the old dressing, and removed the gloves. Without performing hand hygiene, she put on a new pair of gloves, proceeded to clean the wound, and apply the treatment and new dressing, and removed the gloves. Right after the dressing was completed, RN #33 was interviewed by the surveyor. RN #33 explained the whole procedure for dressing change without mentioning hand hygiene between removing contaminated gloves and applying clean gloves.
An interview was conducted with the Assistant Director of Nursing (ADON) on 6/23/22 at 3:45 PM. The ADON was asked about the dressing change procedure. She stated that all staff should wash their hand between changing gloves.
The ADON was made aware of the above concerns.
2) An observation was made of Resident #18's bathroom on 6/16/22 at 3:18 PM. On the counter to the left of the sink was a gray emesis basin. The basin contained an opaque watery liquid approximately ½ inch deep. The liquid had soiled water and toothpaste residue along the sides of the basin. A blue battery powered spinning toothbrush was lying in the liquid within the emesis basin.
Resident #18 was lying in his/her bed and was interviewed immediately after the surveyor's observation. When asked when he/she last brushed his/her teeth the resident responded, this morning.
The Director of Nursing and Assistant Director of Nursing were made aware of the above concerns and observed the storage of Resident #18's toothbrush on 6/16/22 at 3:27 PM.
Review of Resident #18's medical record on 6/23/22 at 12:42 PM revealed that the resident's diagnoses included, but were not limited to: Kidney transplant, pancreas transplant, disorder involving the immune mechanism, legal blindness. Resident #18's Quarterly MDS with an assessment reference date of 2/28/22 section G Functional Status J. Personal hygiene was coded to reflect that Resident #18 required Extensive assistance of 1 person to maintain personal hygiene including combing hair, brushing teeth, washing/drying face, and hands.
A plan of care was developed for Resident #18 for: Risk for impaired immunity/risk for infection related to kidney, pancreas transplant with immunosuppressant therapy, decreased mobility. Resident #18's goal was that he/she would not display any complications related to immune deficiency. The interventions staff were to implement to assist the resident in reaching his/her goal included but were not limited to: The resident is at risk for contracting infections due to impaired immune status. Keep the environment clean and people with infection away.
The facility's failure to establish and maintain standard infection control practices placed Resident #18 at a higher risk for infection.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0883
(Tag F0883)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on medical record review, policy and procedure review, and staff interviews, it was determined that the facility staff 1) ...
Read full inspector narrative →
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on medical record review, policy and procedure review, and staff interviews, it was determined that the facility staff 1) failed to document that the residents and/or their Responsible Parties (RPs) were provided education on Influenza and Pneumococcal vaccines before requesting consent, 2) failed to develop the policies and procedures to ensure that residents or RPs receives education regarding the benefits and potential side effects of Influenza and pneumococcal immunizations. This was evident for 5 (#21, #22, #57, #59, and #71) of 5 residents reviewed for Immunization during the survey. The findings include:
Pneumococcal vaccine help prevents pneumococcal disease, which is any illness caused by streptococcus pneumonia bacteria. The Centers for Disease Control and Prevention (CDC) recommends a pneumococcal vaccine for age [AGE] years or older and adults 19 through 64 with certain medical conditions or risk factors. (Centers for Disease Control and Prevention- vaccines and preventable disease)
Flu is a contagious disease that spreads around the United States annually, usually between October and May. Anyone can get the Flu, but it is more dangerous for some people. Infants and young children, people 65 years and older, pregnant people, and people with certain health conditions or a weakened immune system are at the greatest risk of flu complications. Influenza (Flu) vaccines can prevent influenza. (Centers for Disease Control and Prevention- vaccines and preventable disease)
1) On 6/16/22 at 3:50 PM, a medical record review was conducted for Resident #59. The resident's RP refused the Flu vaccine and the Pneumococcal vaccine. A facility's consent form, dated 9/27/21, was filed in the resident's paper chart. However, no other documentation was found in the record that the resident received education regarding the benefits or risks of receiving the Flu and Pneumococcal vaccine.
2) A review of the medical record for Resident #21 was conducted on 6/16/22 at 4:20 PM. A consent form was filed in the resident's paper chart that was marked as refused Flu and Pneumococcal vaccine dated 6/02/21. However, there was no supportive documentation regarding the resident receiving education regarding the risks or benefits of receiving the vaccines.
3) A medical record review of Resident #57 was conducted on 6/17/22 at 7:20 AM. A consent form was filed in the resident's paper chart marked as consented Flu and Pneumococcal vaccine dated 11/17/20. The resident received the Flu vaccine on 9/23/21 and the Pneumococcal vaccine on 5/16/22. However, there was no supportive documentation regarding the resident's education regarding the risks or benefits of receiving the vaccines.
4) A record review for Resident #71 revealed that a consent form was filed in the resident's paper chart marked as refused Flu and consented Pneumococcal vaccine dated 4/26/21. However, there was no supportive documentation regarding the resident's education regarding the risks or benefits of receiving the Flu vaccine
5)A medical record review of Resident #22 on 6/17/22 at 09:50 AM revealed the resident's RP consented to the Flu and Pneumococcal vaccines on 9/11/19. The resident received the Pneumococcal vaccine on 10/31/19 and the Flu vaccine on 9/23/21. However, education was not documented on the resident's paper or electronic chart.
During an interview with the Director of Nursing (DON) and Assistant Director of Nursing (ADON) on 6/17/22 at 11:50 AM, the DON explained that the facility assessed a new resident's vaccination eligibility upon admission. If the resident is a candidate for the vaccine, a consent form will be signed by the resident self or RPs, and the signed consent will be filed in the resident's paper chart. Also, the DON stated the facility did not separately document providing education to residents. This surveyor informed the DON and the ADON that the form did not include education regarding the benefits and potential side effects of the Flu and Pneumococcal vaccine.
On 6/17/22 at 2:15 PM, the DON submitted a copy of policies and procedures for Resident Pneumococcal vaccination and Resident Influenza Vaccination. The vaccination policies and procedures did not indicate that each resident or RPs receive education regarding the immunization's benefits and potential side effects.
On 6/23/22 at 2:30 PM, surveyor reviewed with the DON and ADON the concern regarding the failure to include the provision of education about the vaccines in the policy and procedures.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Room Equipment
(Tag F0908)
Could have caused harm · This affected 1 resident
Based on observation and interview, it was determined that the facility failed to ensure that the walk in freezer was functioning in a manner that prevented ice build up, which included ice frozen to ...
Read full inspector narrative →
Based on observation and interview, it was determined that the facility failed to ensure that the walk in freezer was functioning in a manner that prevented ice build up, which included ice frozen to the floor; and failed to ensure unit refrigerators were maintained in a manner to keep items at safe temperatures. This was found to be evident for the one walk in freezer in the kitchen; and one of the six unit refrigerators used for storing food items.
The findings include:
1) On 6/6/22 at 10:00 AM, during a tour of the kitchen with the executive chef, (#43) the walk in freezer was observed to have small frozen mounds observed on the ceiling in front of the compressor, and an approximately 1.5 inch in diameter mound of ice was stuck to the floor where staff would walk.
On 6/16/22 at 11:30 AM, observation of the walk in freezer again revealed ice build up on the ceiling in front of the compressor, similar to the observation on 6/6/22. The food service director (FSD #25) indicated that she was aware of the surveyor's observation on 6/6/22. She reported she had not yet received a final report from maintenance, and as far as she knew, they were still working on the issue.
6/23/22 at 11:40 AM, the FSD reported she had not gotten a final report about the walk in freezer and indicated that the maintenance director would have more information.
On 6/23/22 at 12:10 PM, maintenance director (#59) reported there was no problem with the walk in freezer; that it always had an ice build up and that was why we have the magnets. He went on to report that they have magnets on the ceiling in front of the compressor where the ice forms so that they can remove the magnets and clean off the ice. The maintenance director was unable to recall the last time a maintenance company had serviced the walk-in freezer. Surveyor requested documentation of the most recent maintenance company service call for the walk-in freezer.
On 6/23/22 at 12:33 PM, the FSD confirmed that there currently was ice on the ceiling of the walk in freezer. Surveyor reviewed the concern that if working properly, there should not be ice build up in the walk in freezer.
On 6/23/22 at 2:20 PM, the maintenance director reported the service company had not been to the facility in the past five years. He indicated they assessed the walk in freezer today and are going to put in a bigger drain.
On 6/23/22 at 2:55 PM, the FSD confirmed the service company was here today and they informed her will be addressing the issue of the ice build up.
2) On 6/23/22 at 1:31 PM, the [NAME] View Heights refrigerator thermometer read 48 degrees; water was observed on the floor of fridge where multiple items were located including cartons of milk and Ensure. The medical records manager (#63), who reported she was also a GNA (geriatric nursing assistant), confirmed the temperature reading and indicated she would follow up.
On 6/23/22, at approximately 2:35 PM, the food service director (FSD #25) reported that the fridge on Heights unit had been out of service earlier this month. At approximately 2:55 PM, the FSD provided documentation of Refrigerator Temperature Log for the Heights. This log indicated that the refrigerator was out of service June 1st through June 13 and did not include temperature documentation for those dates. Further review of this form revealed two temperatures had been documented for 6/23 of 38 degrees in the morning, and 37 degrees in the evening. Temperatures had also been documented for the Mornings of 6/24 and 6/25 but had been scratched out.
On 6/24/22, the maintenance director provided a copy of a Maintenance Work Order, dated 6/13/22, which indicated the Heights Freezer very loud, please check, and that the freezer was defrosted on 6/13/22.
On 6/24/22 at 9:05 AM, the maintenance director reported, in regard to the Heights refrigerator being out of service earlier in the month, that they had defrosted the [NAME] View (heights) fridge and turned it back on and it was working for a day so they put it back in service. He also reported that, since yesterdays observation, they had a repair company look at the refrigerator and parts are being replaced.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0578
(Tag F0578)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** 2) On [DATE] at 9:10 AM, a review of Resident #71's medical record revealed a clinician's progress note, dated [DATE], that docu...
Read full inspector narrative →
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** 2) On [DATE] at 9:10 AM, a review of Resident #71's medical record revealed a clinician's progress note, dated [DATE], that documented Resident #71 had been admitted to the facility with dementia. An Assessment of Decision-Making Capacity was completed on [DATE] by the attending physician. This document read that it was an initial assessment and concluded that Resident #71 was incapable of making decisions due his/her acute paranoia and has tangential thought process. However, further review of the medical record revealed that the facility failed to have a second physician certify that Resident #71 had been incapable of decision-making.
A review of the paper medical record for Resident #71 on [DATE] at 9:10 AM, revealed an Advanced Directive signed and dated [DATE], by Resident #71. This document read that Resident #71 designated three individuals to make decisions for him/her and the transfer of decision-making was to become operative when Resident #71 had been determined to be incapable of making decisions by two physicians.
Further review of the paper medical record revealed a MOLST form which indicated that the order for No CPR Option B was the result of a discussion with a family member, even though Resident #71 had not been deemed incapable by two physicians. (According to the Health Care Decision Act and person is capable until deemed incapable by two physicians.)
3) During the initial tour on [DATE], Resident #83 was observed talking to the ceiling and when surveyor attempted to engage Resident #83 in conversation, he/she stated that the ceiling and walls were coming down on him/her.
A medical record review on [DATE] at 10:31 AM revealed a Minimum Data Set (MDS) with an Assessment Reference Date of [DATE], and there was documentation in section C that Resident #83 had scored a 12 out 15 on the Brief Interview for Mental Status (BIMS - a standardized test to measure a resident's level of cognition.) This indicated moderate cognitive impairment however, physician notes, dated [DATE], had not indicated a diagnosis for this cognitive impairment.
Further review revealed an Advanced Directive which had been signed by Resident #83 on [DATE] designating a person to make health care decisions for the resident. The Advanced Directive had not specified when it became operative, so according to the Health Care Decision Act, this Advanced Directive if not specified it would become operative when Resident #83 had been deemed incapable by two physicians.
A review of Resident #83's paper medical record on [DATE] at 9:36 AM revealed a MOLST form, dated [DATE], that documented the surrogate decision-maker had made the decision for life-sustaining treatment for Resident #83. Further review revealed an Assessment of Decision-Making Capacity signed by the attending physician on [DATE] which read that it was an initial assessment and stated that the resident [#83] was hard of hearing and possessed some capacity for focal questions. The attending physician further documented that the capacity was variable and fluid and deemed the resident incapable. However, further review of the medical record revealed the facility failed to have a second physician to determine the resident's capacity to make decision therefore the Advanced Directives had not been effect.
On [DATE] at 2:16 PM, surveyors reviewed with the Director of Nursing (DON) and the Associate Administrator the concerns regarding the MOLST being completed by surrogate decision makers when the residents had not been deemed incapable. The DON and Associate Administrator were unable to provide the facility's process for deeming a resident incapable and stated that they would report back to the surveyors.
During a subsequent interview on [DATE] at 10:13 AM with the DON and the Assistant Director of Nursing (ADON) present, the DON reported that, after talking with the Medical Director, it was determined that the facility had failed to obtain a second physician certification to determine capacity for a resident. The Medical Director was not available to be interviewed. The ADON confirmed that they were aware that 2 physicians were needed to certify a resident incapable of making healthcare decisions and that the facility had not obtained 2 certifications.
An interview with Physician #60 on [DATE] at 2:26 PM revealed that, unless otherwise noted on an Advanced Directive, the order went into effect on the day that 2 physicians had certified a resident to be incapable of making decisions.
4) Resident #70's medical record was reviewed on [DATE] at 9:57 AM. The resident's diagnoses included Dementia, Cerebrovascular disease, and Traumatic Subdural Hemorrhage.
The resident's EMR (Electronic Medical Record) revealed a MOLST order, written [DATE] at 3:44 PM. It indicated to attempt CPR and noted that this order was made as a result of a discussion with, and the informed consent of the patient.
The paper record revealed a MOLST form dated [DATE] that included No CPR, Option B, Palliative and Supportive Care. This order indicated that it was made as a result of a discussion with, and the informed consent of the patient's health care agent as named in the patient's advance directive.
Resident #70's written Advance Directive revealed that the resident directed that the appointment of a Health Care Agent shall take effect when and if two physicians, one of whom is my attending physician, certify that I am disabled because I lack sufficient understanding or capacity to make or communicate decisions with respect to my own health care. Resident #70's Living Will directed: My agents authority becomes operative when my attending physician and a second physician determine that I am incapable of making an informed decision regarding my health care.
Further review of the EMR revealed one Assessment of Decision-Making Capacity, dated [DATE], which indicated that it was an admission assessment. It did not indicate that it was either the 1st or 2nd assessment required to activate a Health Care POA/Agent. The only other information provided was: Pt. has been deemed not to have medical decision-making capacity.
The EMR revealed another Assessment of Decision-Making Capacity, dated [DATE]. It indicated that it was a second assessment required to activate a Health Care POA/Agent or appoint a Surrogate Decision Maker. However, it was completed almost 1 month after the MOLST was completed on [DATE].
Neither of the physician's certifications of decision-making capacity indicated that they were made within 2 hours of the physician's examination of the resident.
The facility failed to follow Resident #70's advance directive by failing to ensure that 2 valid physicians' certificates of incapacity were completed prior to allowing the designee to make an informed decision to change Resident #70's MOLST order.
5) Resident #35's medical record was reviewed on [DATE] at 9:42 AM. The resident's diagnoses included Vascular Dementia with behavioral disturbance and Unspecified Sequelae of Cerebral Infarction.
The EMR (Electronic Medical Record) revealed a MOLST, dated [DATE], that indicated No CPR, Option B Palliative and Supportive Care. This order indicated that it was made as a result of a discussion with, and the informed consent of the patient's health care agent as named in the patient's advance directive.
The resident's paper record revealed a MOLST form, dated [DATE], that included No CPR, Option B, Palliative and Supportive Care. This order also indicated that it was made as a result of a discussion with, and the informed consent of the patient's health care agent as named in the patient's advance directive.
Further review of the resident's medical record failed to reveal that Resident #35 had formulated an Advance Directive such as a living will or Durable Power of Attorney appointing a health care decision maker.
On [DATE] at approximately 10:55 AM, Staff #2 (a Social Work Associate) provided the surveyor with a progress note written [DATE] by Staff #5, a Physician Assistant. The note indicated that she and Staff #2 spoke with Resident #35 to complete a verbal advanced directive in which the resident stated that if he/she were unable to make decisions for his/herself, he/she would want his/her grandson to make them on his/her behalf, both medical and financial. MOLST form to be discussed with grandson.
The note did not specify the scope of the grandson's authority over health care decisions or if the resident placed any limitations on the agent's authority. The oral advance directive was not signed by the witness.
Further review of the record revealed one Physician's Certification of Competency and/or Dependent Status. It revealed documentation that, in the attending physician's opinion, Resident #35 was not competent to understand his/her medical condition and to make informed decisions. It was signed by the attending physician and dated [DATE]. It did not indicate if this certification was made within 2 hours of the physician examination of the resident. The record failed to reveal that a second physician examined and certified that Resident #35 was incapable of making informed decisions regarding his/her health care.
The facility failed to ensure that the resident's oral advance directive followed the Health Care Decision Act requirements and failed to ensure that 2 physicians' certificates of incapacity to make health care decisions were in place before allowing a health care agent to make health care decisions for Resident #35.
6) Resident #78's medical record was reviewed on [DATE] at 10:05 AM. The resident's diagnoses included Unspecified Dementia without behavioral disturbance.
The resident's paper record revealed a MOLST form, dated [DATE], that included No CPR, Option B, Palliative and Supportive Care and indicated that it was made as a result of a discussion with, and the informed consent of the patient and patient's surrogate as per the authority granted by the Health Care Decisions Act.
Further review of the resident's record on [DATE] at 9:37 AM failed to reveal that Resident #78 had formulated an Advance Directive such as a living will or Durable Power of Attorney appointing a health care decision maker.
The EMR revealed a progress note for a date of service of [DATE] by Staff #6 a Physician Assistant. The note indicated: Forms discussed or completed: Verbal Advanced Directive. Details of discussion: In setting that patient is unable to make decisions for him/herself, he/she would like his/her daughter (name) to act as his/her healthcare proxy. Listed as participants in face-to-face discussion were the provider, staff #6 and a witness Staff #65 an LPN. The note did not specify the scope of the agent's authority over health care decisions or if the resident placed any limitations on the agent's authority. The verbal advance directive was not signed by the witness.
Further review of the EMR revealed 1 Assessment of Decision-Making Capacity Effective Date: [DATE] which indicated that it was an initial admission assessment. It did not indicate that it was either the 1st or 2nd assessment required to activate a Health Care POA/Agent. The only other information it provided was: Pt. has been deemed not to have medical decision-making capacity. It did not indicate if this certification was made within 2 hours of the physician examination of the resident. The record failed to reveal that a second physician examined and certified that Resident #78 was incapable of making informed decisions regarding his/her health care.
The facility failed to ensure that Resident #78's verbal advance directive followed the Health Care Decision Act requirements and failed to ensure 2 physicians' certificates of incapacity to make health care decisions were in place before allowing a health care agent to make health care decisions for Resident #78.
7) Resident #26's medical record was reviewed on [DATE] at 9:04 AM. The resident's diagnoses included Vascular Dementia with behavioral disturbance.
The resident's EMR revealed a MOLST form dated [DATE]. It indicated that the orders were entered as a result of a discussion with and the informed consent of: the patient's surrogate per the authority granted by the Health Care Decisions Act; beside the line was a handwritten entry: (son and daughter).
The resident's paper record revealed a MOLST form, dated [DATE], that included No CPR, Option B, Palliative and Supportive Care. This order also indicated that it was made as a result of a discussion with, and the informed consent of the patient and patient's surrogate as per the authority granted by the Health Care Decisions Act, it also indicated son/daughter.
Further review of the record revealed a progress note, written [DATE], by Staff #41 the attending physician. The note indicated A verbal oral advance directive was attempted today in the presence of the pt, this provider and charge nurse (first name only) at 11:15 am. When questioned about who he/she be making medical decision for him/her, he/she stated he/she would like his/her son and daughter (First names) both to make medical decisions for him/her. Will contact family for further MOLST review. The scope of the agent's authority was not identified nor was the oral advance directive signed by the witness.
Further review of the record revealed that Resident #26 had a written Advance Directive in place, dated [DATE], naming his/her daughter as primary agent and son as first back up agent if the primary agent could not be contacted. A third agent was also identified in the event that the second back up agent could not be contacted.
Resident #26 specified that the agent's power would go into effect whenever I am not able to make informed decisions about my health care, either because the doctor in charge of my care (attending physician) decides that I have lost this ability temporarily, or my attending physician and a consulting doctor agree that I have lost this ability permanently.
The record also revealed one Physicians Certification of Competency and/or Dependent Status form, dated [DATE], and this form indicated that the resident was examined on that date and that it was the practitioner's opinion that he/she was not competent to understand his/her medical condition and to make informed decisions.
The record review failed to reveal a 2nd physician's certification to indicate that Resident #26 was incapable of making medical decisions.
In an interview on [DATE] at 12:05 PM, Staff #2 a Social Work Associate was asked to explain a verbal advance directive. She explained the physician gets with us, either a social worker or a nurse on the floor. If the resident is deemed incapable of making medical decisions but is able to name someone to be their decision makers, they go in with a witness and ask the resident who they want to make decisions. She was asked why a written Advance Directive would not be done. She stated if the person is deemed unable to make medical decisions, we don't do the written Advance Directive, we do the verbal when asked why there would be a difference, she responded that if the resident couldn't make medical decisions for themselves but were able to say they want their daughter to sign the paperwork then we go in and ask with a witness and get a verbal Advance Directive. When asked, she indicated that the facility did not have a policy on verbal advance directives.
On [DATE] at approximately 1:50 PM, the Director of Nursing (DON) reported that physician #41, who is the medical director, does an assessment upon admission regarding the resident's capability to make medical decisions. The DON was unable to verbalize the process for obtaining a second certification of incapacity but indicated she would ask.
In an interview on [DATE] at 12:15 PM the Director of Nursing was asked if she was familiar with the process of obtaining a verbal/oral advance directive. She indicated that she thought it would be best for the surveyor to go over it with the providers. She and the Assistant Director of Nursing were made aware of the surveyor's concerns related to Advance Directives and Certificates of Incapacity.
An interview was conducted on [DATE] at 1:37 PM with Staff #5 and Staff #6 both PAs (Physicians Assistants). When asked why paper advance directives wouldn't be done instead of verbal, they indicated that Social Services hands them out, they could not answer why they were not completed. They indicated that when a resident is admitted to the facility, they attempt to complete a MOLST within 24 hours of admission. That they are not able to determine someone's capacity. The physician would usually come in within 48 hours. They indicated that the resident is considered capable of making informed medical decision upon arrival unless there is documentation from the hospital indicating that they are not. They indicated that they gauge a resident's ability to complete the MOLST while talking to them. When asked if they review the resident's certifications of capacity to determine the resident's capacity prior to updating a MOLST, Staff #5 indicated No.
(Cross Reference F842)
Based on medical record review and interview, it was determined that the facility staff failed to ensure that 2 physicians' certificates of incapacity were obtained, and Advance Directives were completed as per the Health Care Decisions Act prior to allowing resident representatives to make informed health care decisions on the resident's behalf. This was evident for 7 (#97, #71, #83, #70, #35, #78 and #26) of 26 residents reviewed for advance directives during the survey.
The findings include:
Maryland Medical Orders for Life-Sustaining Treatment (MOLST) is a form which includes medical orders for emergency medical services or other medical personnel regarding CPR (cardiopulmonary resuscitation) and other life sustaining treatment options.
According to the Health Care Decisions Act:
5-602
(d) (1) Any competent individual may make an oral advance directive to authorize the providing, withholding, or withdrawing of any life-sustaining procedure or to appoint an agent to make health care decisions for the individual.
(2) An oral advance directive shall have the same effect as a written or electronic advance directive if made in the presence of the attending physician, physician assistant, or nurse practitioner and one witness and if the substance of the oral advance directive is documented as part of the individual's medical record. The documentation shall be dated and signed by the attending physician, physician assistant, or nurse practitioner and the witness.
(e) (1) Unless otherwise provided in the document, an advance directive shall become effective when the declarant's attending physician and a second physician certify in writing that the patient is incapable of making an informed decision.
According to Centers for Medicaid and Medicare, the definition for Advance directive is a written instruction, such as a living will or durable power of attorney for health care, recognized under State law (whether statutory or as recognized by the courts of the State), relating to the provision of health care when the individual is incapacitated.
1) On [DATE], review of Resident #97's medical record revealed that the resident was admitted to the facility in 2020 with diagnoses that included dementia. Review of the resident's paper chart revealed a MOLST form, dated [DATE], that included a No CPR, Option B, Palliative and Supportive Care order.
Further review of the [DATE] MOLST revealed that the order had been made as a result of a discussion with and the informed consent of the patient's health care agent as named in the patient's Advance Directive. Review of the resident's Advance Directive revealed the appointment of a Health Care Agent to make decisions about my health care if I can't decide for myself anymore. No certifications of incapacity to make health care decisions were found in either the electronic health record or the paper medical record.
Further review of the electronic health record revealed another active MOLST, dated [DATE], which revealed an order to Attempt CPR. This MOLST revealed the order had been made as a result of a discussion with and the informed consent of the patient's health care agent as named in the patient's advance directive.
On [DATE] at approximately 1:50 PM, the Director of Nursing (DON) reported that physician #41, who is the medical director, does an assessment upon admission regarding the resident's capability to make medical decisions. The DON was unable to verbalize the process for obtaining a second certification of incapacity but indicated she would ask.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0688
(Tag F0688)
Could have caused harm · This affected multiple residents
3) On 6/6/22 at 11:33 AM, an observation of Resident #33 revealed that the resident's fingers on both hands were bent in a closed fist position and appeared to be contracted with no splint or device i...
Read full inspector narrative →
3) On 6/6/22 at 11:33 AM, an observation of Resident #33 revealed that the resident's fingers on both hands were bent in a closed fist position and appeared to be contracted with no splint or device in either hand.
A contracture is a condition of shortening and hardening of muscles, tendons or other tissue which often leads to deformity and rigidity of joints. ROM (Range of motion) refers to how far a person can move or stretch a body part, such as a joint or muscle. PROM (Passive ROM) means the person does not perform any movement themselves. AROM (Active ROM) means the person performs the movement of a joint entirely by themselves.
On 6/23/22 at 2:00 PM, a review of the Resident #33's medical record revealed that the resident resided in the facility since 2016. Resident #33 had multiple diagnoses including, but not limited to, stroke, dementia, chronic pain syndrome and contracture of unspecified joint. The medical record revealed documentation that Resident #33 had severe cognitive impairment, was totally dependent on staff for all ADLs (activities of daily living), including positioning. On 6/7/22, in a progress note, the PA (physician's assistant) indicated that Resident #33 was aphasic and in a chronic persistent vegetative state with contractures in the resident's upper and lower extremities.
Continued review of the resident's medical record failed to reveal documentation that Resident #33 was receiving or had received treatment or services that addressed the resident's limited range of motion and contractures.
On 6/23/22 at 2:52 PM, when asked if Resident #33 had received treatment to prevent further decline of his/her contractures, the Assistant Director of Nurses (ADON), indicated that he/she would look into it. On 6/23/22 at 4:06 PM, the ADON provided the surveyor with a copy of an Occupational Therapy (OT) Discharge Summary with dates of service 6/29/21 to 7/22/21, which documented the Resident #33 was discharged from OT because the resident had achieved his/her maximum potential and was referred for the RNP (Restorative Nursing Program) to start on 7/23/21. The OT's recommended Resident #33 continue with UE (upper extremity) PROM and positioning with total assist of caregivers to prevent further loss of ROM and indicated a Restorative Range of Motion Program and Restorative Splint and Brace Program had been established for Resident #33 and staff had been trained. The OT documented a visual handout on details of recommended upper body PROM techniques was provided for the ROM program, for the splint/brace program, a visual handout on details of recommended upper body PROM techniques had been provided.
Further review of Resident #33's medical record failed to reveal documentation to indicate that the restorative ROM program and restorative splint and brace program had been implemented as recommended when the resident was discharged from therapy. Review of June 2022 GNA (geriatric nursing assistant) task documentation for ADL care that was provided to Resident #33 found no documentation to indicate the Resident received passive range of motion.
At that time, during an interview, the ADON stated that he/she spoke with the therapist who told her that Resident #33 was seen by therapy in 2021 and, when the resident was discharged , therapy made recommendations for splints and ROM. The ADON stated that the recommendations had not been implemented and indicated that, when a resident was discharged from therapy with recommendations for restorative care, he/she would expect to see a physician's order for the recommendation.
Review of Resident #33's quarterly MDS (Minimum data set) with an ARD (assessment reference date) of 3/26/22, Section G. Functional status, revealed documentation that Resident #33 was totally dependent on staff for all ADLs (activities of daily living), including positioning. The MDS failed to accurately capture Resident #33's functional limitation in Range of Motion. Section G0400. Functional Limitation in Range of Motion, Code for limitation: A. upper extremity (shoulder, elbow, wrist, hand) was coded 0, no impairment, and B. Lower extremity (hip, knee, ankle, foot) was coded 0, no impairment, which was inaccurate.
Review of Resident #33's care plans included 4 care plans that minimally addressed the Resident #33's actual contractures and limited ROM:
a) In a care plan initiated in 2016, for the Resident's potential for impaired tissue integrity r/t immobility, h/o pressure ulcer, incontinence, contractures: multiple joints, moisture, family's request for resident to remain in bed, the goal was Resident #33 will have intact skin, free of redness, blisters or discoloration by/through review date. The interventions had measures to prevent skin breakdown such as side-to-side positioning and turning and positioning, however, there were no interventions that addressed the resident's limited ROM and actual contractures.
b) In a care plan, initiated on 3/8/16, Resident #33 has an ADL self-care performance deficit r/t (related to) multiple strokes, dementia, immobility, blindness, with the goal, the resident will accept routine care from staff, that had interventions which included contractures: the resident has contractures of all extremities. Provide frequent skin care to keep clean and prevent skin breakdown. There were no interventions that addressed the resident's limited ROM and actual contractures.
c) In another care plan, Resident #33 has potential for pain r/t chronic pain syndrome, muscle spasms, contractures all extremities, GERD (gastroesophageal reflux disease) (heart burn), possible nausea, with the goals, Resident #33 will not have discomfort related to side effects of analgesia through the review date and the resident will show no s/s of pain/discomfort through the review date, that included an intervention, provide gentle active and passive ROM as tolerated with care. The care plan intervention was not resident centered as the intervention did not identify the location of Resident #33's contractures, or the resident's joint or body part that was to receive the range of motion. There was no documentation in the medical record to indicate the facility staff followed the care plan and the resident received ROM as tolerated with care. In addition, review of the medical record failed to reveal evidence that the resident would be able able to perform active range of motion.
d) In another care plan that stated Resident #33 has no unassisted physical mobility r/t multiple strokes, with the goal, the resident will remain free of complications related to immobility, including further contractures, thrombus (blood clot) formation, skin-breakdown, fall related injury through the next review date, that interventions, Hoyer lift at all times for transfers, Monitor/document/report PRN (as needed) any s/sx (signs/symptoms) of immobility; contractures forming or worsening, thrombus formation, skin-breakdown, fall related injury, PT, OT referrals as ordered, PRN, and provide gentle range of motion as tolerated with daily care. The care plan was not comprehensive, with resident specific interventions to mitigate the potential complications of Resident #33's limited ROM and actual contractures. The care plan failed to identify the location of Resident #33's contractures or identify the resident's joint or body part that was to receive the range of motion. In addition, the medical record failed to reveal evidence that the facility staff followed the care plan. There was no documentation in the medical record to indicate that Resident #33 was provided gentle ROM with daily care.
No other care plans were found in the record that addressed Resident #33's limited ROM and actual contractures and no documentation was found in the care plans to indicate that the restorative nursing program and the splint/brace program along with the PROM techniques which were recommended by therapy on 7/23/21 had been added to the care plan.
On 6/23/22 at 4:25 PM, the above concerns were discussed with the ADON.
Based on medical record review and interviews, it was determined that the facility failed to have an effective system in place to ensure that restorative nursing services were incorporated into residents' care plans and provided by staff as recommended upon discharge from therapy. This was found to be evident for 3 (#28, #7, #33) of 6 residents reviewed for decline in activities of daily living and positioning.
The findings include:
1) On 6/7/22, Resident #28 was observed to have contractures in both hands. The resident confirmed that his/her hands had been like that since before admission to the facility.
A contracture is a tightening of muscles that causes joints to become stiff, preventing normal movement of the joint. Contractures can be caused by inactivity.
On 6/14/22, review of the medical record revealed orders for occupational therapy (OT) starting in January 2022. The OT orders were discontinued on 2/4/22.
On 6/15/22, review of the 3/17/22 Minimum Data Set assessment revealed the resident had function range of motion impairment on both sides of the body in both upper and lower extremities. Review of the current care plan revealed a plan addressing limited physical mobility which included an intervention to provide gentle ROM as tolerated with daily care, and to monitor for contractures forming or worsening.
On 6/15/22 at 11:39, the Rehab Director (#42) provided a copy of the 2/4/22 OT discharge summary and a Rehab Discharge Program - Occupational Therapy form. An exercise program was attached and that 2-3 sets of 5-10 repititions of Upper Extremity ROM/Strengthening exercises were recommended. The form also included documentation of caregiver training for at least two staff. The Rehab Director reported that they usually recommend that the exercises are completed 3-5 times a week and indicated they would be incorporated into the care plan. He proceeded to look up the current care plan and reported he could not find these exercises in the care plan.
On 6/15/22 at 1:10 PM, during an interview with the resident's GNA (#39) she stated that she/he assisted with ROM, but denied knowledge of any specific instructions for this resident.
On 6/15/22 at 2:18 PM, surveyor reveiwed the concern with the Director of Nursing (DON) and the Assistant Director of Nursing (ADON) that Resident #28 had a restorative plan upon discharge from therapy but no documentation was found to indicate that the plan was implemented.
2) On 6/7/22, review of Resident #7's medical record revealed that the resident had resided at the facility for more than 2 years and whose current diagnoss included but were not limited to dementia, lung disease, and kidney disease. Review of the physician's orders revealed a 12/6/21 order to discontinue occupational therapy services and begin restorative nursing program.
On 6/09/22 at 2:56 PM, the Rehab Director (#42) reported that therapy had recommended range of motion (ROM) and upper extremeity exercises and said that care giver training had occurred. The Rehab Director provided a copy of a Rehab Discharge Program Occupation Therapy form with a start date of 12/31/21 for Restorative care.
Further review of the 12/31/21 Rehab Discharge Program Occupation Therapy form revealed that an exercise program was attached and that 2 sets of 10 repetitions were being recommended. Review of the exercise program documentation revealed 4 different upper extremity exercises using 1-2 lbs weights. The Rehab Discharge Program Occupation Therapy form included documentation that at least 3 staff care givers had received training, including return demonstration, of the restorative program prior to the start date of 12/31/21.
Further review of the medical record failed to reveal documentation regarding a restorative nursing program for the resident or the implementation of the exercises included in the Rehab Discharge Program.
On 6/13/22 at 1:46 PM, surveyor asked nursing supervisor (#34) about an exercise program for Resident #7. After reviewing the resident's care plan in the electronic health record, the nursing suprervisor reported that she did not see anything specific like a restorative program.
On 6/15/22 at 1:10 PM, interveiw with GNA (#39), who was assigned to care for the resident at this time, revealed that she had been working on the unit since April. The GNA reported that ROM exercises were completed with the resident for both upper and lower extremities (arms and legs) but confirmed they were the basic ROM that was completed with everyone. When asked about a restorative nursing program, GNA #39 indicated she was not aware of one for this resident.
On 6/15/22 at 2:18 PM, when asked about the restorative nursing program at the facility, the ADON reported: there was not one in place, that they needed one, and knew they needed one. Surveyor reviewed the concern regarding Resident #7 having an order for a restorative nursing program that included exercises but no documentation was found that the plan had been implemented and that interviews with staff also failed to reveal knowledge of an exercise program.
At the time of exit on 6/24/22 at 2:45 PM, no additional documentation was provided to indicate that the restorative nursing program had been implemented for this resident.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Medical Records
(Tag F0842)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** A3) A review of Resident #71's paper medical record on [DATE] at 9:10 AM, revealed a MOLST, dated [DATE], that documented No CPR...
Read full inspector narrative →
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** A3) A review of Resident #71's paper medical record on [DATE] at 9:10 AM, revealed a MOLST, dated [DATE], that documented No CPR Option B.
A review of Resident #71's electronic medical record (EMR) revealed under the Misc tab that a MOLST, dated [DATE], had been uploaded and was not voided, therefore, it was still active.
On [DATE] at 1:48 PM, an interview with the DON and Associate Administrator revealed that the facility had identified an issue with the MOLST forms and had implemented a process to have the MOLST in the resident's paper medical record and, once a MOLST was voided, then it could be sent to the Medical Records Department to be uploaded in the electronic medical record. However, they had not checked the MOLST that had been previously uploaded in the electronic medical record to ensure that they had been properly voided.
On [DATE] at 10:02 AM the Assistant Director of Nursing reported that they had found a MOLST dated [DATE] on the paper medical record that had been voided on [DATE]. The ADON provided a copy of the voided MOLST.
The DON and ADON were made aware of the concern on [DATE] at 10:23 AM.
A4) A review of Resident #26's medical record, on [DATE] at 9:04 AM, revealed that a MOLST form, dated [DATE], was in the resident's paper record and scanned in his/her Electronic Medical Record (EMR). A scanned copy of a prior MOLST form, dated [DATE], was also found in Resident #26's EMR. The name of the file of the scanned document was MOLST VOID [DATE] pdf. Review of the scanned document revealed that the facility staff failed to void the older scanned MOLST document as per the MOLST instructions.
In an interview on [DATE] at 10:26 AM with Licensed Practical Nurse (LPN) Staff #1, she was asked where she would look to determine a resident's CPR status, she indicated she would check the paper record for MOLST status stating, we always go by the MOLST in the paper record.
A5) Resident #35's medical record was reviewed on [DATE] at 9:42 AM. His/her paper record contained a MOLST form, dated [DATE]. Review of the EMR revealed a scanned document titled: MOLST VOID 10-8-19.pdf. The document was opened and revealed a prior MOLST form, dated [DATE]. The facility staff failed to ensure that this MOLST form was voided as per the MOLST instructions.
A6) Resident #70's medical record was reviewed on [DATE] at 9:56 AM. A MOLST form dated [DATE] was filed in the resident's paper record indicating No CPR Option B. Review of the resident's EMR revealed a scanned document file named MOLST [DATE].pdf. The scanned document indicated Attempt CPR. The scanned MOLST in the EMR was not voided as per the MOLST instructions.
The Director of Nursing and Assistant Director of Nursing were made aware of these findings on [DATE] at 2:10 PM.
A6) A review of Resident #71's paper medical record on [DATE] at 9:10 AM revealed a MOLST, dated [DATE], that documented No CPR Option B.
A review of Resident #71's electronic medical record (EMR) revealed under the Misc tab that a MOLST, dated [DATE], had been uploaded and was not voided, therefore, it was still active.
On [DATE] at 1:48 PM, an interview with the DON and Associate Administrator revealed that the facility had identified an issue with the MOLST forms and had implemented a process to have the MOLST on the resident's paper medical record and once a MOLST was voided then it could be sent to the Medical Records Department to be uploaded in the electronic medical record. However, they had checked the MOLST that had been previously uploaded in the electronic medical record to ensure that it had been properly voided.
On [DATE] at 10:02 AM, the Assistant Director of Nursing reported that they had found a MOLST, dated [DATE], on the paper medical record that had been voided on [DATE]. The ADON provided a copy of the voided MOLST.
The DON and ADON were made aware of the concern on [DATE] at 10:23 AM.
(Cross Reference F578)
B) Documented completion of treatment interventions that were not provided:
B1) Resident #35 was observed on [DATE] at 2:31 PM with a piece of white elastic mesh stockinette,4-5 inches long, that covered a dressing on the resident's left forearm, approximately midway between his/her wrist and elbow, otherwise his/her arms were bare.
Resident #35's medical record was reviewed on [DATE] at 9:59 AM. The record included a physician's order that was written on [DATE], for arm protectors to bilateral (both) arms at all times. May remove for bathing. Please document if resident declines application. The reason for the order was indicated as For fragile skin.
The record failed to reveal documentation as to why the resident was not wearing his/her arm protectors on [DATE] when observed by the surveyor.
The 6/22 Treatment Administration Record (TAR) included the order for arm protectors with spaces labeled Day Eve and Night for the nurse to sign off that they completed this order each shift.
Additional observations of Resident #35 were made by the surveyor on [DATE] at 2:32 PM, and [DATE] at 11:47 AM. During each of these observations, Resident #35 was lying in bed, arms bare except for the elastic mesh stockinette on his/her left forearm.
Further review of the 6/2022 TAR on [DATE] at 12:32 PM revealed that the order for arm protectors was signed off every shift from [DATE] - [DATE] including day shift on [DATE], [DATE] and [DATE] when the surveyor observed the resident without the arm protectors in place. No documentation was found in the record to indicate that the arm protectors were not applied on those days.
During an interview on [DATE] at 1:28 PM, Staff #56 reviewed and confirmed that she signed off Resident #35's arm protectors for day shift. She then observed Resident #35 with the surveyor and confirmed that the resident was not wearing arm protectors. When asked who was responsible for putting the arm protectors on Resident #35, she stated technically if I'm signing them off, I should be putting them on; but usually the girls will put them on. When asked how she verifies that they are on the resident she stated, it would be by sight.
The Director of Nursing and Assistant Director of Nursing were made aware of these findings on [DATE] at 1:44 PM.
(Cross reference F 684)
C) Failed to document resident behaviors as per the physician's order:
C1) Resident #201's medical record was reviewed on [DATE] at 9:08 AM. The record revealed that resident #201's diagnoses included, but were not limited to, unspecified dementia with behavioral disturbance and delusional disorder. A Plan of Care was developed for: Resident #201 is physically aggressive/combative with staff at times (hitting, kicking, pushing, throwing items) related to dementia, poor impulse control. The Residents goals included but were not limited to: Will demonstrate effective coping skills and will not harm self or others. The interventions that staff were to implement to assist the resident with this problem included, but were not limited to: Monitor/Document observed behavior and attempted interventions in behavior note; Monitor/document/report PRN (as needed) any signs/symptoms of resident posing danger to self and others; When the resident becomes agitated: Intervene before agitation escalates; Guide away from source of distress; Engage calmly in conversation; If response is aggressive, staff to walk calmly away and approach later.
A Physicians order was written with a start date [DATE] for BEHAVIORS - MONITOR FOR THE FOLLOWING: ITCHING, PICKING AT SKIN, RESTLESSNESS (AGITATION), HITTING, INCREASE IN COMPLAINTS, BITING, KICKING, SPITTING, CUSSING, RACIAL SLURS, ELOPEMENT, STEALING, DELUSIONS, HALLUCINATIONS, PSYCHOSIS, AGRESSION, REFUSING CARE, etc. Document: 'N' if monitored and none of the above observed. 'Y' if monitored and any of the above was observed, select chart code 'Other/ See Nurses Notes' and progress note findings. Every shift
Review of the GNA Point of Care (POC) behavior documentation revealed that the GNAs identified that Resident #201 displayed 1 or more behaviors 11 times on 10 out of 31 days in the month of 7/2021 including wandering, abusive language, threatening behavior, pushing, grabbing, yelling/screaming, kicking/hitting, pinching/scratching/spitting and threatening behavior.
Review of Resident #201's Medication Administration Record (MAR) revealed that the nurse documented that the resident had no behaviors on the 10 days as identified by the GNAs POC documentation.
Resident #201's MAR revealed that the only times the nurse documented that the resident had problematic behaviors throughout the month of 7/2021 was on the evening shifts of [DATE] and [DATE]. The corresponding nursing progress note documented agitated on [DATE] and refused meds on [DATE]. The MAR revealed that the nurses failed to identify and document when the resident was displaying problematic behaviors as identified by the GNA's.
The facility staff failed to maintain complete and accurately documented medical records by failing to identify and document observed behaviors on the MAR and observed behaviors and attempted interventions in a behavior note as per the physician's order and Resident #201's Plan of Care. The Director of Nursing and Assistant Director of Nursing were made aware of these findings on [DATE] at 2:10 PM.
Based on medical record review, observation, and interview, it was determined that the facility failed to maintain complete and accurately documented medical records for each resident as evidenced by:
A) Failing to have an effective system in place to ensure that both paper and electronic versions of the MOLST forms were voided when a new MOLST was established for 6 (#97, #7, #71, #26, #35, and #70) of 13 residents reviewed for advance directives. B) Falsely documenting completion of treatment interventions that were not actually provided for 1 (#35) of 13 residents reviewed for abuse. C) Failing to document resident behaviors as per the physician order for 1 (#201) of 13 residents reviewed for abuse.
The findings include:
A) Maryland Medical Orders for Life-Sustaining Treatment (MOLST) is a form which includes medical orders for emergency medical services or other medical personnel regarding CPR (cardiopulmonary resuscitation) and other life sustaining treatment options.
Once a MOLST order form is completed and signed, a new form should be completed and signed whenever there are any changes to any of the orders. To void the MOLST order form, a physician or nurse practitioner shall draw a diagonal line through the sheet, write VOID in large letters across the page and sign and date below the line. The voided order form should be kept in the patient's medical record.
A1) On [DATE], a review of Resident #97's medical record revealed that the resident was admitted to the facility in 2020 with diagnoses that included dementia. Review of the resident's paper chart revealed a MOLST form, dated [DATE], that included a No CPR, Option B, Palliative and Supportive Care order.
Further review of the electronic health record revealed another active MOLST, dated [DATE], which revealed an order to Attempt CPR. The [DATE] MOLST was found in the miscellaneous section of the electronic health record and had been entered on [DATE] and was labeled Molst 7-19-2020.
On [DATE] at 1:48 PM, the Director of Nursing (DON) reported that, when the MOLST orders changed, the old MOLST was taken out, voided, and put under miscellaneous in the hard chart. She went on to report that the voided MOLST is scanned into the electronic health record when the chart is thinned. The surveyor reviewed the concern with the DON and the Associate Administrator that Resident #97's electronic version of the [DATE] MOLST failed to reveal documentation to indicate it had been voided.
On [DATE], the facility provided a copy of the [DATE] MOLST that was documented as having been voided on [DATE].
A2) On [DATE], review of Resident #7's electronic health record revealed a MOLST, dated [DATE], that included orders for No CPR Option A-2.
Option A-2 of the MOLST includes prior to arrest, administer all medications needed to stabilize the patient. If cardiac and/or pulmonary arrest occurs, do not attempt resuscitation (No CPR). Do Not Intubate: Comprehensive efforts may include limited ventilatory support by CPAP or BIPAP, but do not intubate.
No documentation was found in the electronic health record to indicate the [DATE] MOLST had been voided.
On [DATE], review of the paper chart revealed a MOLST, dated [DATE], that included orders for No CPR, Option B, Palliative and Supportive Care.
Option B includes prior to arrest, provide passive oxygen for comfort and control any external bleeding. Prior to arrest, provide medications for pain relief as needed, but no other medications. Do not intubate or use CPAP or BiPAP. If cardiac and/or pulmonary arrest occurs, do not attempt to resuscitation (No CPR). Allow death to occur naturally.
On [DATE] at 9:40 AM, review of copies provided by the facility revealed a copy of the [DATE] MOLST which included documentation of VOID on [DATE].
On [DATE] at 10:02 AM, the ADON reported that the voided [DATE] MOLST was found on the paper chart. The DON and ADON then viewed, with surveyor, that the description in the electronic health record of the [DATE] MOLST states MOLST.pdf and when opened revealed an active (not voided) version of the [DATE] MOLST.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
QAPI Program
(Tag F0867)
Could have caused harm · This affected multiple residents
Based on observations, review of facility records, and resident and staff interview, it was determined that the facility failed to implement an effective Quality Assessment and Assurance (QAA) based o...
Read full inspector narrative →
Based on observations, review of facility records, and resident and staff interview, it was determined that the facility failed to implement an effective Quality Assessment and Assurance (QAA) based on repeat deficiencies related to 1) resident abuse, 2) abuse policies and procedures, 3) timely reporting of allegations of abuse to the state agency, 4) conducting a thorough investigation of allegations of abuse, 5) physician notification for a resident's change in condition, 6) notice of bed hold policy, 7) respiratory care services, 8) residents unnecessary medications, 9) improper storage of medications, 10) inaccurate/incomplete medical records, and 11) posting of nursing staff for all units. This was evident for 1 recertification survey reviewed and 1 complaint survey reviewed. The failure to assess and correct identified deficient practices has the potential to affect all residents in the facility.
The findings include:
1) On 6/23/22 at 4:15 PM, a review of a complaint survey that was conducted 9/23/20, 9/24/20 - 10/2/20, and 10/5/20 - 10/8/20, revealed that 4 complaints and 7 facility reported incidents had been reviewed. During the survey, deficiencies were cited for the 1) failure to keep residents free of abuse, 2) failure to develop and implement abuse policies and procedures, 3) failure to report allegations of abuse in a timely manner, and 4) failure to conduct a thorough investigation of allegations of abuse.
During this survey, 13 residents were reviewed for allegation of abuse and the same deficient practices were found. In addition, it was found that the facility failed to revised the Resident Abuse Reporting Policy and Procedure dated 5/2017, as indicated on their plan of correction for a compliance date of 12/1/2020. (Cross Reference F600, F607, F609, and F610)
On 6/23/22 at 4:00 PM, a review of the recertification survey that was conducted on 10/12/18, 10/15/18 - 10/19/18, revealed that following deficiencies were cited, 1) physician notification for a resident's change in condition, 2) notice of bed hold policy had not been given at time of transfer, 3) respiratory care services, 4) resident with unnecessary medications, 5) improper storage of medications, 6) inaccurate/incomplete medical records, and 7) posting of nursing staff for all units.
During this survey the survey team found similar deficient practices as the previous recertification survey. (Cross Reference F580, F625, F695, F757, F761, and F842)
A review of the Quality Assurance (QA) plan on 6/23/22 at 3:05 PM revealed that the facility failed to provide a procedure for QA processes.
An interview with the QA Committee leader, QA Nurse Staff #67 revealed they put action plans in place based on review of trending concerns and conversation with staff and Administration. The action plans were reviewed for effectiveness then additional interventions were put into place if quality had not been improved.
The concerns regarding the abuse allegations, staff reporting of the allegations, and lack of a thorough investigation was discussed with the Administrator and Associate Administrator on 6/16/22 at 4:01 PM.
These concerns were reported to the Director of Nursing and Assistant Director of Nursing on 6/23/22 at 10:23 AM.
2) During observation of the C wing 3rd floor (Canal Side Skylight) Unit on 6/6/22 at 10:49 AM and 6/15/22 at 11:53 AM, the surveyor observed that the facility failed to post required staffing information in a prominent location readily available to residents and visitors. This was confirmed in an interview with Staff #31 on 6/15/22 at 11:55 AM.
On 6/17/22 at 2:58 PM, the surveyor reviewed the results of the facility's last recertification survey. The review revealed that the facility was cited for the same deficient practice involving the same nursing unit during the last recertification survey. The facility's quality assessment and performance improvement committee developed a plan to correct the deficient practice by 12/12/18. However, the plan of action failed to correct the deficient practice and the same deficient practice was again identified during the current survey. The Director of Nursing and Assistant Director of Nursing were made aware of these findings on 6/23/22 at 2:10 PM. (Cross reference F732)
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0887
(Tag F0887)
Could have caused harm · This affected multiple residents
Based on medical record review and staff interview, it was determined the facility failed to document that education was provided regarding the benefits, risks, and potential side effects of receiving...
Read full inspector narrative →
Based on medical record review and staff interview, it was determined the facility failed to document that education was provided regarding the benefits, risks, and potential side effects of receiving the COVID-19 vaccine to residents and staff. This was evident for 2 (#21 and #71) of 5 residents and 4 (#28, #35, #46, and #47) of 4 facility staff members reviewed for COVID-19 vaccinations during the survey.
The findings include:
On 6/16/22 at 4:20 PM, a medical record review was conducted for Resident #21. A consent form was found in the resident's paper chart marked as refused COVID-19 vaccine, dated 6/02/21. However, no documentation was found for evidence of education provided under the resident's paper chart or electronic medical record.
A medical record review of Resident #71 was conducted on 6/17/22 at 8:00 AM. The resident signed a COVID -19 Vaccination Declination form on 10/13/21. However, there was no supportive documentation regarding the resident's education regarding the risks or benefits of receiving the vaccine.
During an interview with the Director of Nursing (DON) and Assistant Director of Nursing (ADON) on 6/17/22 at 11:50 AM, they reported the facility did not separately document providing education to residents.
A review of COVID-19 vaccination records for 4 facility staff members was conducted on 6/17/22 at 1:10 PM. Staff #28 was an unvaccinated direct resident care person. On 6/21/22 at 10:15 AM, the DON submitted a COVID-19 Vaccination Religious Exemption Form for Staff #28 that was signed on 11/16/21. However, no supportive documentation was found to support that Staff #28 had received education about the COVID-19 vaccine. Staff #35 was a direct resident care provider who was completely vaccinated without a booster dose. The DON submitted staff #35's COVID-19 vaccination record on 6/21/22 at 10:15 AM. However, there was no documentation that Staff #35 received education regarding the COVID-19 vaccine. Staff #46 was an unvaccinated direct resident care provider . On 6/21/22 at 10:15 AM, the DON submitted a Medical Exemption for Staff #46, which was signed on 1/28/22. However, there was no evidence that Staff #46 received education for the COVID-19 vaccine. Staff #47 was a direct resident care provider who was completely vaccinated without a booster dose. The DON submitted a copy of Staff #47's vaccination records. However, there was no other documentation to support that she/he received COVID-19 vaccine education.
An interview was conducted with the Director of Nursing (DON) and a Registered Nurse (RN) # 40 on 6/22/22 at 12:03 PM. RN #40 had previously held the infection control preventionist role from March 2020 to September 2021. She brought training materials (printed presentation slides) for May 2021 COVID-19 -related training and an attending list that failed to include documentation of the date, the subject, or the title of the training. RN #40 also stated the facility offered each manufacturer's COVID-19 vaccination fact sheet while they held staff training. The submitted training material had 80 staff signatures, including 33 unvaccinated staff for attendance. The DON stated there was 191 staff, including 76 unvaccinated staff, when the training was held. However, the review of training material revealed that it did not include the education regarding COVID-19 vaccination benefits, risks, and potential side effects.
The DON and ADON were made aware above issue on 6/23/22 at 2:30 PM.
CONCERN
(F)
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
Based on record review and staff interview, it was determined that the facility failed to develop and implement abuse policies and procedures. This was evident during the survey and has the potential ...
Read full inspector narrative →
Based on record review and staff interview, it was determined that the facility failed to develop and implement abuse policies and procedures. This was evident during the survey and has the potential to affect all residents.
The findings include:
On 6/16/22 at 12:24 PM, the Associate Administrator provided a copy of the Resident Abuse Reporting Policy and Procedure and reported that this was the version that was active. It was noted as Corporate Policy - Abuse 5-2017 in the bottom right corner of the policy. A review of the policy and procedure revealed that, on page 2, under Reporting Procedure: Maryland law requires employees to report all alleged violations involving resident neglect, or abuse, including injuries of unknown origin, and misappropriation of property. The first bullet stated to report immediately or within 2 hours of forming the suspicion and the second bullet included documentation to report suspected abuse to the Administrator, or to the immediate supervisor who must then report to the Administrator. On page 3 of the document, it was noted that the Administrator would then fill out a self-report form and submit to the State Agency within 24 hours of receiving the report.
On 6/16/22 at 1:00 PM, a review of the plan of correction for the complaint survey for 10/8/20 in which this deficiency was cited, revealed that the facility reported that, by 12/1/20, the abuse policy and procedure was to be updated by the Administrator. However, the same Resident Abuse Reporting Policy and Procedure dated 5/2017 was still in effect.
Review of 5 (MD00161874, MD00169491, MD00174072, MD00177642, and MD00177857) self-reported incidents involving abuse, that were dated after the compliance date of 12/1/20, were reviewed during the course of the survey, 2 (MD00179320 and MD00180313) self-reported incidents that occurred during the survey revealed several concerns.
4 of the 7 self-reported incidents reviewed were substantiated for abuse.
5 of 7 self-reported incidents of abuse had not been reported to the State Agency within the 2-hour required time frame.
4 of the 7 self-reported incidents reviewed revealed the facility had failed to conduct a thorough investigation.
In addition, review of the Grievance process, on 6/15/22 at approximately 3:00 PM, revealed that Resident #71 had sent an email to a facility staff member with an allegation of abuse regarding Geriatric Nursing Assistant (GNA) #46 dated 5/5/22. The Social Services Associate (SSA) #21 failed to report the allegation to the Administrator or Designee until 5/6/22. The email read, .What I am actually writing about is an aide I want to report. Her name is [GNA #46], she is rude, rough, and let's you know she doesn't care. Last night I woke & my sheet, pad, and brief were wet.she [GNA #46] roughly changed my brief She threw the wet top sheet over me until I insisted a dry new one. The rest of the night was laying in & smelling like urine .
An interview on 6/16/22 at 3:14 PM with the ADON revealed she had interviewed Resident #71 regarding what he/she meant by rough and determined that GNA #46 had been impatient and rude and had not hurt Resident #71 and therefore, had not reported the allegation to the State Agency. However, the ADON failed to address the part of the allegation regarding GNA #46's failure to change Resident #71's bed when it was wet with urine.
During an interview on 6/16/22 at 4:01 PM, it was revealed that the Administrator was the Abuse Coordinator. He reported that, with the changes in the Director of Nursing and Assistant Director of Nursing positions, that the facility had provided on-the-job training for abuse investigation and reporting. The concerns with the self-reported incidents involving abuse had been reviewed with the Administrator and he was made aware of the concerns with staff not reporting within required time frames and not conducting a thorough investigation of the incidents. He reported that he understood the concerns. In addition, the concern that these were repeat deficiencies that had been cited during a complaint survey dated 10/8/20. The Administrator verbalized understanding that the plan of correction had not been fully implemented.
The Administrator was subsequently interviewed on 6/17/22 at 1:50 PM and revealed that he was ok with staff waiting 2 hours to report allegations of abuse to him as stated in the abuse policy. In addition, he reported that the section that stated, the Administrator would report the allegations within 24 hours was inaccurate. When asked about the plan of correction for the complaint survey dated 10/8/20, in which he stated as part of the plan of correction the 5/2017 abuse policy and procedure would be revised by 12/1/20, he reported that the revisions had not been completed. The Administrator reported that he does review the final investigation report for abuse.
In addition, the email that Resident #71 had sent on 5/5/22, with an allegation of abuse was reviewed with the Administrator and Associate Administrator. It was apparent that the Administrator and Associate Administrator had not been aware of the email.
(Cross Reference F600, F609, and F610)
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Pharmacy Services
(Tag F0755)
Could have caused harm · This affected most or all residents
Based on a review of medical records, policies, and other pertinent documentation, observations, and interviews, it was determined that the facility failed 1) to ensure that staff completed the contro...
Read full inspector narrative →
Based on a review of medical records, policies, and other pertinent documentation, observations, and interviews, it was determined that the facility failed 1) to ensure that staff completed the controlled drug count at the change of shift as evidenced by missing/inaccurate documentation by nursing staff that the count had been completed prior to the end of the shift, and 2) to ensure that nursing staff routinely signed that the count was correct at the change of shifts. This was evident for 6 (Rehab units 1 & 2, long-term care units A, B, and C) out of 6 medication carts reviewed for the controlled drug count verification sheet.The findings include:
A controlled drug means a drug or other substance that is tightly controlled by the government because it may be abused or cause addiction. The control applies to the way the substance is made, used, handled, stored, and distributed. Controlled substances include opioids, stimulants, depressants, hallucinogens, and anabolic steroids. (National Institutes of Health)
Controlled Drug Count Verification is the shift count sheet for narcotics to maintain controlled drug security. The form has a series of columns that include: date (MM/DD/YY), time (AM, PM), correct drug count (YES, NO), balance verified by the nurse coming on duty (one signature only), balanced verified by the nurse going off duty (one signature only), and comments/documentation. There should be one row of documentation for each change of shift that includes the signatures of the off-going and on-coming nurse. These signatures indicate that the count was completed.
1) Observation of the Controlled Drug Count Verification sheet for Unit B on 6/7/22 at 2:00 PM revealed the day nurse had already signed on the row indicating that the end-of-shift count had been conducted. The ADON confirmed the observation and the concern that the nurse had already signed for the end of the shift.
1a) A controlled drug count verification sheet for Rehab unit-2 was reviewed on 6/8/22 at 1:10 PM. The review of the sheet revealed that, on 5/24/22 at 7 AM, the coming on duty nurse's signature was not recorded, and on 5/24/22 at 2 PM, the going off-duty nurse's signature was not recorded.
1b) A controlled drug count verification sheet for Rehab unit-1 was reviewed on 6/8/22 at 1:23 PM. The review revealed that, on 5/24/22 at night shift, the going off duty nurse's signature was not recorded, and on 5/31/22 at 10 PM, the coming on duty nurse did not sign. On 6/1/22 at 2 PM, the coming on duty signature was missing, and on 6/1/22 at 10 PM, the going off duty signature was missing. Also, on 6/1/22 at 7 AM, an entire column was not filled; correct drug count, coming on duty, and going off duty were not recorded.
On 6/24/22 at 10:54 AM, a review of the facility's policy and procedure named Medication- Narcotics revealed, Narcotics must be counted at the beginning and end of every shift by the Charge Nurse ending the shift and the Charge Nurse beginning the shift., and Both nurses must date and sign the count log for each narcotic.
1c) A controlled drug count verification sheet for long-term care unit B-1 was reviewed on 6/8/22 at 1:38 PM. The record review revealed that:
- 5/23/22 at 3 PM going off duty nurse had not signed
- 5/24/22 at 7 AM coming of duty nurse had not signed
- 5/24/22 at 3 PM correct drug count (yea, no) was not recorded
- 5/27/22 at 7 AM and 3 PM correct drug count were not recorded
- 5/29/22 at 11:00 going off duty nurse had not signed
- 5/31/22 at 7 AM correct drug count was not recorded and coming on duty nurse had not signed
- 5/31/22 at 3 PM going off duty nurse had not signed
- 6/2/22 at 11 PM correct drug count was not recorded and coming on duty nurse had not signed
1d) A controlled drug count verification sheet for long-term care unit A was reviewed on 6/8/22 at 1:50 PM. The record review revealed:
- 5/17/22 at 2 PM going off duty nurse's signature was not recorded
- 5/17/22 at 10 PM coming of duty nurse's signature was not recorded
- 5/22/22 at 7 AM whole column was not filled: correct drug count, coming on duty nurse signature, and going off duty nurse signature was not recorded
- 5/22/22 at 9 AM correct drug count and going off duty nurse were not recorded
- 5/31/22 at 10 PM coming on-duty nurse had not signed
- 5/31/22 at 11 PM going off duty nurse had not signed
- 6/5/22 at 2 PM correct drug count was not recorded
-6/7/22 at 7 AM coming on-duty nurse had not signed.
1e) A controlled drug count verification sheet for long-term care unit C was reviewed on 6/8/22 at 2:00 PM. The record review revealed:
- 5/7/22 at 7 PM whole column was not filled; no data on correct drug count, coming on duty, and going off duty
- 5/7/22 at 11 PM going off duty nurse had not signed
- 5/12/22 at 11 AM coming on duty nurse had not signed
- There was no column for the 5/12/22 evening shift and night shift.
- 5/13/22 at 7 AM going off duty nurse had not signed
- 5/13/22 at 7 PM going off duty nurse had not signed
- 5/24/22 at 7AM correct drug count and coming on duty nurse were not recorded
- 5/24/22 at 3PM going off duty nurse had not singed
- 5/22/22 at 7 AM correct drug count and coming on duty nurse were not recorded
- 5/25/22 at 3 PM correct drug count and going off duty nurse were not recorded
- 5/25/22 at 11 PM correct drug count was not recorded
- 5/27/22 at 11 PM going off duty nurse was not recorded
There were no columns completed for 5/11/22 evening shift, 5/12/22 night shift, 5/14/22 evening shift, 5/15/22 evening shift, 5/16/22 night shift, 5/19/22 evening shift, 5/22/22 evening shift, 5/26/22 evening shift, 5/28/22 evening shift, 5/29/22 evening shift, 6/1/22 evening shift, 6/4/22 night shift, 6/2/22 evening shift, 6/4/22 night shift, 6/5/22 evening shift, 6/6/22 evening shift, and 6/7/22 night shift.
An interview was conducted with the Director of Nursing (DON) on 6/8/22 at 2:21 PM. She stated that the count sheet should be signed by coming on staff (count) and going off staff (verified). She also explained that if a staff member worked 16 hours, they needed to fill out each shift section. For example, a staff working 7 AM - 11 PM must fill out the column 7 AM, 3 PM, and 11 PM.
The DON was aware of the count sheet issue during the interview on 6/8/22 at 2:21 PM.
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Food Safety
(Tag F0812)
Could have caused harm · This affected most or all residents
Based on observation, interview and review of relevant documentation, it was determined that the facility failed to ensure that food was stored in accordance with professional standards for food safet...
Read full inspector narrative →
Based on observation, interview and review of relevant documentation, it was determined that the facility failed to ensure that food was stored in accordance with professional standards for food safety as evidenced by the facility's failure to 1) have a cleaning schedule for the ice machine; 2) seal and label open containers of food; and 3) ensure that elevated temperatures in the nursing unit food refrigerators were reported to maintenance. This has the potential to affect all residents. The findings include:
On 6/6/22 at 10:00 AM, the following observations were made during a tour of the kitchen with the Executive Chef Staff #43:
-Observation of the ice machine revealed scattered small black dots covering 3/4 of the ceiling of the ice machine. The executive chef was unable to locate a cleaning schedule for the ice machine and was unable to report when it was last cleaned.
- In refrigerator #4, an opened bag containing hotdogs was observed unsealed. Three containers wrapped in foil were not labeled or dated. The executive chef identified these as cheese and removed them from the refrigerator.
2a) On 6/23/22 at 1:46 PM, observation of the Unit C up refrigerator revealed a temperature log that was kept at the refrigerator. Review of this log revealed documentation of 48 degrees on 6/12, 13 and 14. There was a notation on 6/13 that the temperature control was adjusted. The temperature was recorded as 44 degrees on 6/15/22.
Further review of the Unit C up Food Storage Refrigerator Temps log sheet revealed the following documentation: Fridge - Maintain at 36 - 41 degrees and a notation at the bottom **MAINTENANCE TO BE CONTACTED IF TEMP IS OUT OF RANGE**. The log sheet included columns to record the Fridge temp, Freezer temp, the initials of the person recording the reading and a comments section.
Further review of the June 2022 Unit C up temperature log failed to reveal documentation to indicate that maintenance had been notified regarding the elevated temperatures recorded on June 12 through 15.
b) On 6/23/22 at 2:05 PM, a review of the Unit B's Food Storage Refrigerator Temps log sheet for June 2022 revealed temperatures above 41 degrees on June 2, 3, 4, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, and 19. Six of these fourteen dates had the temperature recorded as 48 degrees, five of the fourteen were recorded as 46 degrees. On 6/14, there was a notation in the comments column adjusted temp. No documentation was found on this log to indicate that maintenance had been notified about the elevated temperatures. The Assistant Administrator was made aware of the documented elevated refrigerator levels on 6/23/22 at 2:05 PM.
On 6/23/22 at approximately 2:35 PM, the food service director (FSD#25), after review of the elevated temperature found on the Unit B and Unit C up refrigerator temperature logs, reported that she was not previously aware of these temperatures. She went on to report that the dietary staff had temperature logs for these refrigerator.
On 6/23/22 at approximately 2:55 PM, the FSD provided temperature logs, with name of dietary contractor at the top of the log, for Unit B and Unit C up. These logs included columns to record the temperature in the morning and the evening and an If Out of Compliance, Record Action Taken.
Review of the June 2022 Unit B log, completed by dietary staff, failed to reveal documentation for temperatures June 6 - 10 or for June 13 - 17, or for June 21, 22 or 23, the Food Service Director reported that her staff have to ask nursing staff to unlock the Unit B refrigerator in order to obtain the temperature. The maximum temperature recorded by the dietary staff was 40 degrees.
Further review of the dietary department temperature logs for the Unit C up refrigerator revealed temperatures were documented in the morning and evening daily. The maximum temperature recorded on the dietary documentation was 39 degrees.
On 6/23/22 at 4:22 PM, surveyor reviewed the concern with Assistant Director of Nursing regarding the failure of nursing staff to notify maintenance when refrigerator temperatures were elevated.
As of time of exit on 6/24/22 at 2:45 PM, no additional documentation was provided to indicate that the elevated temperatures of the Unit C up and the Unit B food refrigerators were reported to maintenance when originally documented.
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Administration
(Tag F0835)
Could have caused harm · This affected most or all residents
Based on observation, resident and staff interview and medical record review, it was determined that the facility administration failed to provide effective oversight activities for the facility to en...
Read full inspector narrative →
Based on observation, resident and staff interview and medical record review, it was determined that the facility administration failed to provide effective oversight activities for the facility to ensure that the facility had the resources and that those resources were used effectively in order to meet the health and safety needs of each resident and failed to identify and correct inappropriate care processes/standards, as evidenced by 1) failing to revise and update the facility's Resident Abuse Reporting Policy and Procedure, 2) failing to ensure that facility staff protected residents from abuse and neglect, 3) failing to ensure the facility reported investigations to the State Agency within the required time frame, 4) failing to ensure that all allegations of abuse were thoroughly investigated so that the necessary actions could be taken to prevent further abuse. The Administration's failure to ensure that processes were in place that could identify and correct deficient practices in care that had the potential to adversely affect the health and safety of all the residents in the facility.
The findings include:
On 6/23/22 at 4:15 PM, a review of a complaint survey that was conducted 9/23/20, 9/24/20 - 10/2/20, and 10/5/20 - 10/8/20, revealed that 4 complaints and 7 facility reported incidents had been reviewed. During the survey deficiencies were cited for the 1) failure to keep residents free of abuse, 2) failure to develop and implement abuse policies and procedures, 3) failure to report allegations of abuse in a timely manner, and 4) failure to conduct a thorough investigation of allegations of abuse.
1) The facility submitted a plan of correction that was to place the facility back in compliance by 12/1/20. The plan specified that the abuse policies and procedures were to be updated and implemented to adequately prevent, investigate, and correct any future occurrences of abuse, neglect, and exploitation; additional in-servicing for department heads regarding abuse; re-education for all staff on dementia and abuse, and these activities were to be monitored by the Quality Assurance Committee quarterly.
On 6/16/22 at 12:24 PM, the Associate Administrator provided a copy of the Resident Abuse Reporting Policy and Procedure and reported that this was the version that was active. It was noted as Corporate Policy - Abuse 5-2017 in the bottom right corner of the policy. A review of the policy and procedure revealed that, on page 2 under Reporting Procedure,: Maryland law requires employees to report all alleged violations involving resident neglect, or abuse, including injuries of unknown origin, and misappropriation of property. The first bullet stated to report immediately, or within 2 hours of forming the suspicion, and the second bullet had documentation for staff to report to the Administrator, or to their immediate supervisor who must report to the Administrator. On page 3 of the document, it was noted that the Administrator will fill out a self-report form and submit to the State Agency within 24 hours of receiving the report.
An interview with the Administrator on 6/17/22 at 1:50 PM, revealed that he had not updated the Resident Abuse Reporting Policy and Procedure dated 5/2017, as stated in the Plan of Correction. He reported they had a new Director of Nursing and a new Assistant Director of Nursing who had received on-the-job training for abuse reporting and investigation. The Administrator reported that he was the Abuse Coordinator and reviewed the final reports for facility reported incidents and resident grievance forms. (Cross Reference F607)
2) During this survey 11 (#74, #201, #71, #28, #63, #150, #61, #509, #35, and #83) residents were reviewed for allegations of abuse after the date of compliance of 12/2/22. The review revealed that 1 allegation of abuse was substantiated.
On 6/13/22 at 3:38 PM, a review of the facility's investigation file for the self-report MD00174072 revealed that, on 11/7/21 at 2:09 PM, Resident #61 had reported to another employee that Geriatric Nursing Assistant (GNA) #68 had made comments to him/her about GNA #68's daughters eating everything on their plates while shoving the spoon in Resident #68's mouth. In addition, GNA #68 had called Resident #61 a liar and these comments had upset him/her. Resident #61 was found to have no injuries. GNA #68 was suspended pending the investigation. The self-report was sent to the State Agency on 11/8/21 at 1:55 PM. Witness statements had been collected from staff and residents and the facility substantiated Resident #61's allegation of abuse, terminated GNA #68, and reported the abuse to the certification board. (Cross Reference F600)
3) During this survey, it was determined that reports regarding allegations of abuse for 4 (#28, #71, #61, and #35) of the 11 residents reviewed for abuse had not been sent to the State Agency within the required 2-hour time frame.
3a) On 6/14/22, review of the facility reported incident MD00177857 revealed that Resident #28 reported to a nurse on 5/28/22, that on 5/26/22, GNA #13 stated you have a big butt. The report had not been sent to the State Agency until 5/31/22. Further review of this incident revealed that the Assistant Director of Nursing (ADON) had been made aware of this allegation of abuse via email from Geriatric Nursing Assistant (GNA) #55 on 5/27/22, but failed to report the allegation of abuse at that time.
3b) On 6/15/22 at approximately 3:00 PM, a review of the email that Resident #71 had sent to SSA (Social Services Assistant) #21 on 5/5/22 at 12:00 PM revealed that Resident #71 alleged that GNA #46 had been rough while providing incontinence care and had left Resident #71 in a bed with urine-soaked pad and sheets. Further review revealed that SSA #21 had failed to immediately report the concern to the Administrator, but had forwarded the email on 5/6/22 at 2:03 PM to the Social Services Director, Director of Nursing, Assistant Director of Nursing, and Registered Nurse #40. Review of the Concern Form completed by the ADON on 5/6/22 revealed she determined Resident #71 had meant GNA #46 was impatient and rude with him/her during care. However, the ADON failed to address the concern with GNA #46 failing to provide care and services needed by allowing Resident #71 to lay in urine-soaked bed linens and failed to report the allegation of abuse to the state agency.
3c) On 6/13/22 at 3:38 PM, a review of the Facility's Investigation file for the self-report MD00174072 revealed that the facility's self-report form that documented the facility was made aware on 11/7/22 at 2:09 PM of an allegation of abuse from Resident #61 who reported Geriatric Nursing Assistant (GNA) #68 had made comments to Resident #61 about the fact that her daughters eat all the food on their plates, calling Resident #61 a liar, and while feeding Resident #61 was shoving the spoon in his/her mouth. However, the facility failed to report the allegation of abuse to the state agency until 11/8/21 at 1:55 PM almost 24 hours after the allegation was made.
3d) Complaint #MD00161874 was reviewed on 6/9/22 at 10:47 AM. The complaint was received by the State Agency from Adult Protective Services (APS). The complaint indicated that APS received an allegation from an anonymous caller that Resident #35 was fine when visited on 12/24/20 and observed with bruising on the face and neck on 12/27/20, and that the resident said that he/she was punched in the face in the middle of the night by a big black lady.
The Director of Nursing was asked to provide documentation regarding any incidents related to Resident #35 from December of 2020. Documentation was provided to the surveyor and reviewed on 6/10/22 at 8:00 AM.
The facility's documentation included an email communication, dated 1/4/21 at 2:52 PM, between Social Work Associate (SSA) Staff #2, Previous Director of Nursing (DON) Staff #7, and the former Assistant Director of Nursing (ADON) Staff #54. Staff #2 indicated in the email that she received a call from the Ombudsman regarding an APS referral she received. The email included The referral stated that this person visited the resident on December 24th and he/she was fine and came again on December 27th and the resident was badly bruised and had swelling. When asked what happened the resident stated, A big black lady came in and punched me in the face The email response from Staff #7 on 1/4/22 at 3:40 PM included I guess we should have reported this .at least we have an investigation on file and when he/she was interviewed originally, he/she didn't say this. On 1/4/21 at 4:05 PM, Staff #7 sent another reply in which he stated, Actually in looking at it we have a good note regarding his/her behaviors and that the bruise was self-inflicted so nothing to report. Staff #67 did an investigation just to be on the safe side, but it looks like everything is order. However, the facility failed to report the allegation of abuse to the State Agency. (Cross Reference F609)
4) It was determined that the facility failed to conduct a thorough investigation for 4 (#28, #35, #63, and #83) of 11 residents that had allegations of abuse reported.
4a) On 6/14/22, a review of the facility investigation documentation for the reported incident MD00177857 revealed the resident reported to a nurse on 5/28/22 that on 5/26/22 GNA #13 stated you have a big butt. There was a typed statement, dated 5/31/22, which indicated it was a verbal statement from GNA #13 obtained via telephone by [name #14]. Further review of the investigation documentation failed to reveal documentation to indicate interviews were conducted with any other staff or residents.
On 6/14/22, review of the Corporate Abuse Policy Investigation and Reporting [provided during the survey, but failed to include a revision date] revealed:
Role of the Investigator:
1. The individual conducting the investigation will, as a minimum:
g. Interview staff members (on all shifts) who have had contact with the resident during the period of the alleged incident
i. Interview other residents to whom the accused employee provides care or services
4b) A complaint #MD00161874 was reviewed on 6/9/22 at 10:47 AM. The complaint was received by the State Agency from Adult Protective Services (APS). The complaint indicated that APS received an allegation from an anonymous caller that Resident #35 was fine when visited on 12/24/20 and observed with bruising on the face and neck on 12/27/20, and the resident said that he/she was punched in the face in the middle of the night by a big black lady.
On 6/10/22 at 8:00 AM, further review of this incident revealed email documentation which indicated that the facility was made aware of the allegation of abuse from the Ombudsman but failed to report it to the State Agency. In addition, the facility had failed to conduct a thorough investigation of the allegation of abuse.
4c) Review of the facility's investigation file for the self-reported incident #MD00180313 on 6/14/22 at 10:04 AM revealed a self-report that documented Resident #63 had reported to the facility that GNA #9 had thrown his/her newspapers away when Resident #63 had asked her not to. Further review of the investigation file revealed that the facility staff had interviewed the resident and taken a statement from GNA #9 and had not interviewed other residents who had received care from GNA #9 or any other staff who may have witnessed the incident. According to the education form GNA #9 was educated regarding resident rights and allowed to continue to work with vulnerable residents. (Cross Reference F610)
An interview with the Administrator on 6/16/22 at 4:01 PM revealed that he was the Abuse Coordinator. When asked about the education of staff regarding abuse, he reported that he provides abuse training during orientation and that GNA #55 provides the training annually. The Administrator reported that the Director of Nursing and Assistant Director of Nursing received on the job training for conducting a thorough investigation on allegations of abuse. In regards to the the abuse allegation that had not been reported in the time frame required and had not been investigated thoroughly, he agreed that the facility had some more work to do regarding training staff about abuse reporting and investigating.
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0886
(Tag F0886)
Could have caused harm · This affected most or all residents
Based on record review and interview, it was determined that the facility failed to have an effective system in place to ensure staff who were not up to date with COVID immunizations, including unvacc...
Read full inspector narrative →
Based on record review and interview, it was determined that the facility failed to have an effective system in place to ensure staff who were not up to date with COVID immunizations, including unvaccinated staff, were tested according to state and federal guidelines. This was found to be evident for 19 out of 22 staff (Geriatric Nurse Aide #9, #18, #24, #27, #31, #39, #46, #47, #48, #49, #50, #51, #55, Licensed Practical Nurse #1, #19, #32, Registered Nurse #34, #35, and Social Worker #21) not up to date staff reviewed for COVID-19 testing during the survey This deficient practice has the potential to affect all residents, staff, and visitors in the facility.
The finding includes:
COVID-19 Vaccine up-to-date means a person has received all recommended COVID-19 vaccines, including any booster dose(s) when eligible. (Center of Disease Control: CDC)
The CDC has developed COVID-19 Community Levels to help communities decide what prevention steps to take based on the latest local COVID-19 data. Levels are determined each week for each county in the U.S. A county's risk level can be low, medium, or high based on a combination of three metrics: the number of new local COVID-19 cases; the number of new local COVID-19 hospital admissions; and the proportion of local hospital beds occupied by patients with COVID. Level of COVID-19 Community Transmission Minimum Testing Frequency of Staff who are not up-to-date:
- Low (blue): Not recommended
- Moderate (yellow): Once a week
- Substantial (orange): Twice a week
- High (red): Twice a week
During an entrance conference with the Director of Nursing (DON) and the Assistant Director of Nursing (ADON) on 6/6/22 at 8:30 AM, they were asked about COVID -19 Staff Vaccination Status. The DON submitted the COVID-19 staff vaccination status form on 6/6/22 at 11:32 AM. The DON stated that the facility currently had 189 staff, including 93 who completed the COVID-19 Vaccine (without booster), 57 who were up-to-date with COVID-19 Vaccine, and 39 unvaccinated staff.
The line listing is one type of epidemiologic database and is organized like a spreadsheet with rows and columns. Typically, each row is called a record or observation and represents one person or case of disease. (Center for Disease Control and Prevention)
On 6/17/22 at 2:10 PM, a review of the line listing for the COVID-19 outbreak revealed that 5 residents and 4 staff tested positive for COVID -19 on 4/25/22, 1 resident and 1 staff tested positive for COVID-19 on 4/27/22, and 1 staff tested positive on 4/30/22. All the residents who tested positive for COVID-19 resided in the same unit, and 5 of the 6 staff who tested positive (LPN#4, #29, GNA #48, #62, and CMA #28) had worked in the same unit where the COVID 19 positive residents had resided.
On 6/17/22 at 2:20 PM, a review of the facility's weekly staff testing logs revealed that CMA (Certified Medicine Aide) #28, LPN (Licensed Practical Nurse) # 29, and GNA (Geriatric Nursing Assistant) #48 tested positive for COVID-19 who worked in the same unit that COVID-19 positive residents resided the week of 4/25/22 and had not done the weekly test on the week of 4/17/22, which was a week prior to the start of the COVID-19 outbreak.
On 6/22/22 at 09:50 AM, a review of the facility's policy COVID-19 Mitigation; C0VID Testing plan indicated that the minimum testing frequency of staff who was not up-to-date based on level of community transmission: Low-not recommended, moderate -once a week, substantial -twice a week, and high- twice a week.
Further review of the facility's documentation for county positive rate revealed:
- On 4/15/22: moderate transmission rate, all staff continues to test weekly regardless of vaccine status.
- On 4/21/22: out of outbreak on 4/21/22, staff will be required to test only if not up to date on covid -19 vaccine. Moderate transmission rate.
- On 4/25/22: all staff, regardless of vaccination status, will test once a week, effective immediately.
Also, a review of the facility's policy COVID-19 Vaccine Exemptions & Accommodations indicated, All unvaccinated employees are required to submit to twice-weekly testing (or more frequently if indicated by Federal, State, or Local law or guidelines or WRV) regardless of the community transmission rate. All results must be entered into the testing database, SimpleReport.
On 6/22/22 at 10:50 AM, a review of the COVID-19 Staff Vaccination Status submitted by the Director of Nursing (DON) on 6/6/22 revealed that CMA #28 was unvaccinated. On 6/22/22 at 2:30 PM, a review of the unit assignment sheet from 4/19/22 to 4/24/22 revealed that Staff #28 worked in a unit where the outbreak was identified on 4/19/22, 4/20/22, and 4/21/22. However, the review of the SimpleReport (submitted by the Infection Control Preventionist (ICP) on 6/22/22 at 11:28 AM) revealed documentation that CMA #28's last COVID-19 test at the facility was on 4/6/22. During an interview with the Assistant Director of Nursing (ADON) on 6/23/22 at 10:16 AM, she stated that Staff #28 tested for COVID -19 positive on 4/27/22 at-home test and reported to the facility. The DON confirmed that CMA #28 did not do the COVID-19 test weekly.
Per the COVID-19 Staff Vaccination Status submitted by the DON on 6/6/22, it was confirmed that LPN #29 was unvaccinated. On 6/22/22 at 2:30 PM, a review of the unit assignment sheet showed that LPN #29 worked in the unit where the COVID-19 outbreak was identified on 4/21/22. However, LPN #29's last negative COVID-19 test was on 3/10/22, prior to testing positive on 4/25/22. During the interview with the ADON on 6/23/22 at 10:16 AM, she confirmed that LPN #29 did not have other documents to support her weekly COVID-19 test.
A review of the COVID-19 Staff Vaccination Status revealed that GNA #48 was not up-to-date for the COVID-19 vaccine. A review of the unit assignment sheet on 6/22/22 at 2:30 PM revealed that GNA #48 worked the unit where the COVID outbreak occurred on 4/23/22 and 4/24/22. However, GNA #48's last SimpleReport for COVID-19 test was on 4/1/22, prior to testing positive on 4/25/22. During the interview with the ADON on 6/23/22 at 10:16 AM, she confirmed that the facility did not have GNA #48's weekly COVID-19 test result. The ADON confirmed that, on 4/25/22, they tested positive for COVID-19 in a test that was done by herself at home and then reported to the facility.
On 6/22/22 at 09:40 AM, the Infection Control Preventionist (ICP) was asked to provide the facility staff's COVID-19 test results from 4/25/22 to current. At 11:28 AM on 6/22/22, the ICP brought a copy of SimpleReport. The ICP explained all the COVID-19 test results should upload to SimpleReport.
The surveyor randomly selected 20 staff who were not up-to-date: 10 completed vaccine staff (without booster shot) and 10 unvaccinated staff, and reviewed the selected staff's COVID-19 test records on 6/22/22 at 10:20 AM.
According to the facility's documentation for the County Transmission level (submitted by the DON on 6/22/22), the COVID-19 Community level of the week 5/1/22 was moderate (moderate level required COVID-19 test once a week for not up-to-date staff). A review of the SimpleReport on 6/22/22 at 11:50 AM revealed that 14 of 20, not up-to-date staff were not listed on it for the week of 5/1.
The COVID-19 County Transmission Level of week 5/8/22 was moderate, and 9 of 20, not up-to-date vaccination staff did not have a COVID-19 test record on the SimpleReport for the week of 5/8/22.
Week of 5/15/22's COVID-19 County Transmission Level was high per the facility documentation (data extracted from CDC COVID Tracker). Per the CDC guidelines (Ref: QSO-20-38-NH), the facility should test all staff who are not up-to-date twice a week. However, the SimpleReport did not show that 17 of 20 not up-to-date vaccinated staff tested twice a week to meet CDC's requirement.
The COVID-19 County Transmission Level of week 5/22/22 and week 5/29/22 were high. Per SimpleReport recording, 16 of 20, not up-to-date vaccinated staff did not test for COVID-19 twice a week on the week of 5/22/22. And 12 of 20 not up-to-date staff were not tested twice a week on the week of 5/29/22.
The County Transmission Level of COVID-19 on week 6/5/22 was high. However, a review of SimpleReport revealed that 13 of 20, not up-to-date staff, had no documentation of having had a COVID test for a week of 6/5/22.
The week of 6/12/22's County Transmission Level of COVID-19 was high. The facility provided SimpleReport did not include a COVID-19 test twice a week for 12 of 20, not up-to-date vaccinated staff.
During an interview with the DON on 6/23/22 at 10:16 AM, she was asked if the facility had any staff who refused COVID-19 testing. She said, Not that I know of. As of the time of exit, no additional documentation was provided regarding testing refusal.
On 6/23/22 at 11:50 AM, surveyor reviewed with the DON and ADON the concern regarding the failure to include testing staff who are not up-to-date on the COVID-19 Vaccine, including unvaccinated staff.
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0888
(Tag F0888)
Could have caused harm · This affected most or all residents
Based on interviews with facility staff, a review of the facility's policies and procedures, and a review of the facility's testing documentation, it was determined that the facility failed to impleme...
Read full inspector narrative →
Based on interviews with facility staff, a review of the facility's policies and procedures, and a review of the facility's testing documentation, it was determined that the facility failed to implement their policies and procedures for testing staff who were granted an exception for COVID-19 vaccinations. This deficient practice has the potential to affect all residents, staff, and visitors in the facility.
The finding includes:
On 6/22/22 at 09:40 AM, the facility's policy and procedure titled Vaccine Exemptions & Accommodations was reviewed. It stated, All unvaccinated employees are required to submit to twice-weekly testing (or more frequently if indicated by Federal, State, or Local law or guidelines or WRV) regardless of the community transmission rate. All results must be entered into the testing database, SimpleReport., and all unvaccinated staff are required to wear an N95 while in the facility unless eating or drinking during break times.
The surveyor randomly selected 10 unvaccinated staff on 6/22/22 at 10:20 AM and reviewed their COVID-19 testing record from 5/1/22 to 6/18/22 (for 7 weeks). A review of the SimpleReport data revealed that the following unvaccinated staff; GNA (Geriatric Nurse Assistant) #18, GNA #27, GNA #31, GNA #46, GNA #49, GNA #50, GNA #51, GNA #55, and LPN (Licensed Practical Nurse) #1 had missed at least one or more tests per week during the 7-week window.
- LPN #1 tested twice a week for three weeks and once a week for four weeks
- GNA #18 did test twice a week for three weeks, tested on ce a week for three weeks, and no test was done for a week
- GNA #27 tested on ce a week for five weeks and did not test for two weeks
- GNA #31 did test twice a week for three weeks, tested on ce a week for two weeks, and no test was done for two weeks
- GNA #46 had tested twice a week for one week, tested on e time a week for three weeks, and no test was done for three weeks
- GNA #49 had only one test for a seven week window
- GNA #50 tested twice a week for one week, tested on ce a week for four weeks, and not tested for two weeks
- GNA #51 tested on ce a week for two weeks, and no record for testing for five weeks
- GNA #55 had twice a week test for two weeks, tested on ce a week for four weeks, and no test was done for a week.
On 6/22/22 at 11:48 AM, during an interview with the ICP, she stated that the facility had been conducting COVID-19 tests twice a week for unvaccinated staff. The ICP was asked how the staff's COVID-19 testing was tracked. The ICP said, I recently started to audit the COVID testing log. I randomly selected 10 staff for auditing. I made the DON and the ADON aware that the staff hads not been testing twice a week as they are supposed to. I have been sending them the compliance updates for testing on May 15th. However, as of the time of exit, no other documentation was submitted by the ICP to support that the facility tracked unvaccinated staff's COVID-19 testing.
From 11:20 AM to 1:00 PM on 6/23/22, the surveyor observed each unit to monitor unvaccinated staff's use of N95 masks as indicated in the facility policy. There was 6 unvaccinated staff working in the entire building on the 6/23/22 day shift. 5 (GNA #27, CMA #28, LPN #29, LPN #30, and GNA #31) of 6 staff were not wearing N95 mask.
On 6/23/22 at 3:10 PM, the surveyor reviewed with the DON and the ADON the concerns regarding the failure to implement the COVID-19 policy and procedure for testing staff who were granted an exception for COVID-19 vaccinations.
MINOR
(B)
Minor Issue - procedural, no safety impact
Deficiency F0625
(Tag F0625)
Minor procedural issue · This affected multiple residents
Based on medical record review and staff interview, it was determined that the facility 1) failed to notify the resident and/or resident's Representative Party (RPs) in writing of the bed hold policy ...
Read full inspector narrative →
Based on medical record review and staff interview, it was determined that the facility 1) failed to notify the resident and/or resident's Representative Party (RPs) in writing of the bed hold policy upon transfer of a resident to an acute care facility (Resident #88, 78 and 102) and 2) and failed to ensure that the policy included the required information. This was evident for 4 (Resident #7, #78, #88, and #102) of 4 residents reviewed for transfers out of the facility. The findings include:
1a) A review of Resident #88's electronic and paper medical record on 6/09/22 at 10:23 AM revealed that the resident had a change in condition on 5/01/22. The physician was notified and ordered the resident to be transferred to the hospital for evaluation related to decreasing O2 saturation and altered mental status. Further review of Resident #88's medical record documentation revealed that the responsible party was called, however, there was no written documentation that the responsible party and/or resident was given a copy of the bed hold policy.
An interview was conducted with the Director of Nursing (DON) on 6/14/22 at 3:02 PM. She stated that the facility initiated a transfer packet with a transfer out report sheet and a notice of resident transfer or discharge at the end of May 2022. She also said, before we started to use the form, I'm not sure how the staff documented the bed hold policy. The DON was asked to provide the facility policy and procedure for the bed hold policy. She submitted the Bed Hold Policy and Notice of Transfer on 6/15/22.
1b) A review of Resident #78's electronic and paper medical records on 6/16/22 at 1:12 PM revealed that the resident was transferred to the hospital on 4/20/22 for evaluation of altered mental status. Resident #78's medical record documentation revealed that the responsible party was called, however, there was no written documentation that the responsible party and/or resident was given a copy of the bed hold policy.
1c) A closed record review of Resident #102's electronic and paper medical records on 6/23/22 at 3:30 PM revealed that the resident transferred to the hospital on 4/9/22 due to shortness of breath. However, there was no written documentation that the responsible party and/or resident was given a copy of the bed hold policy.
2) A review of Resident #7's electronic and paper medical records on 6/16/22 at 9:49 AM revealed the resident was transferred to the hospital on 5/14/22 for evaluation related to weakness on both hands and lethargy. A copy of the Notice of Resident Transfer or Discharge form was filed on Resident #7's paper chart with the RP's signature and date; however, the form did not include how long a facility will hold the bed, how to reserve bed payments would be made, and the conditions upon which the resident would return to the facility.
On 6/16/22 at 11:00 AM, a review of the facility's policy Bed Hold Policy and the Notice of Transfer which were submitted by the DON on 6/15/22 was conducted. The policy showed, The facility must notify the patient (if capable and alert) or the resident representative in writing within 24 hours. This is to include notice of transfer and bed hold policy. There was no other detail was written in the policy.
During an interview with the DON on 6/17/22 at 8:20 AM, she was made aware by the surveyor of the incomplete transfer packet.
During an interview with the DON and ADON on 6/23/22 at 2:10 PM, they were made aware of incomplete bed hold policy concerns by the surveyor. No additional documentation was provided at the time of the survey exit regarding the bed hold policy concerns.
MINOR
(C)
Minor Issue - procedural, no safety impact
Transfer Notice
(Tag F0623)
Minor procedural issue · This affected most or all residents
Based on a review of medical records and other pertinent documentation and interviews, it was determined that the facility failed to ensure that the written transfer notice included all the required i...
Read full inspector narrative →
Based on a review of medical records and other pertinent documentation and interviews, it was determined that the facility failed to ensure that the written transfer notice included all the required information including the right to appeal. This was found to be evident for 3 (#78, #88, and #102) out of the 4 residents reviewed for hospitalization during the survey. The findings include:
1) A review of Resident #88's electronic and paper medical record on 6/09/22 at 10:23 AM revealed that the resident had a change in condition on 5/01/22. The resident's medical record revealed documentation that the resident was sent to a hospital for evaluation and treatment, and the Responsible Party (RP) was called. However, there was no written documentation related to the resident transfer or discharge notice.
2) A review of Resident #78's electronic and paper medical records on 6/16/22 at 1:12 PM revealed that the resident was transferred to the hospital on 4/20/22 for evaluation of altered mental status. A nurse's note, dated 4/22/22, showed that the resident's RP was notified regarding the transfer to the hospital. However, there was no written notification on the resident's medical records.
3) A closed record review of Resident #102's electronic and paper medical records on 6/23/22 at 3:30 PM revealed that the resident transferred to the hospital on 4/9/22 due to shortness of breath. However, there was no written documentation regarding the transfer notice.
On 6/9/22 at 10:23 AM, an interview was conducted with Licensed Practical Nurse (LPN) #32. She explained that the facility staff should prepare a filled-out Notice of Resident Transfer or Discharge form, a copy of the bed hold policy, and a copy of the MOLST (Medical Order for Life-Sustaining Treatment) form for the transfer.
On 6/14/22 at 3:02 PM, an interview with the Director of Nursing (DON) was conducted. She stated that the facility recently recognized they did not have a system for documenting notice of resident transfer or discharge, so they created a transfer packet in May 2022. She said, since we started the form in May 2022, before the time, we did not have any documentation to support written transfer notice provided to residents. The transfer packet was reviewed with the DON during the interview. However, the packet did not include all the required information including the right to appeal.
The concern was addressed with the DON at 3:10 PM on 6/14/22.