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
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, and document review, the facility failed to immediately report incidents of potential resident ...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, and document review, the facility failed to immediately report incidents of potential resident to resident sexual abuse to the state agency (SA) within two hours, as required for 2 of 2 residents (R97, R112) reviewed for abuse.
Findings include:
R97's quarterly Minimum Data Set (MDS) dated [DATE], indicated R97 had moderately impaired cognition with a Brief Interview for Mental Status (BIMS, tool used to determine cognition level) score of 11 and required maximal assistance with lower body dressing and moderate assistance with upper body dressing and bathing.
R97's significant change MDS dated [DATE], indicated R97 had moderately impaired cognition with a BIMS score of nine and required maximal assistance with dressing, bathing, turning in bed, and moving from a lying to a sitting position.
R97's Diagnosis Report dated 9/8/23, indicated diagnoses of a stroke with resulting right-sided weakness and cognitive dysfunction, kidney disease, and diabetes with vision decline.
R97's care plan:
- dated 8/29/22, indicated R97 was interested in a relationship with R112 and staff were to facilitate private time behind closed doors for R97 and R112 by placing a do not disturb sign on R97's door. The care plan indicated the responsible party was aware of the relationship and interventions.
- dated 9/9/23, indicated R97 is vulnerable related to cognitive impairment, had decreased awareness for potential harm, decreased mobility, strength, and function requiring assistance from others to meet daily needs.
- dated 9/20/23, indicated R97 had a potential for impaired communication related to forgetfulness, confusion, severe cognitive impairment, barely speaks when spoken to, and impaired hearing.
- dated 9/27/23 indicated R97 had limited physical mobility related to generalized weakness, impaired cognition, and right-sided weakness and required the extensive assistance of one person for rolling and sitting at the side of the bed.
R97's Associated Clinic of Psychology (ACP) progress note dated 7/19/22, indicated R97 was diagnosed with adjustment disorder and symptoms affecting cognitive function and awareness. The progress note indicated R97 had impaired and scattered cognition. The progress note did not indicate R97's ability to give sexual consent, obtain sexual consent, avoid sexual exploitation, or understand the ramifications of sexual acts was not assessed.
R97's progress note dated 8/29/22 at 3:06 p.m., indicated facility staff reported R97 was interested in a relationship with a female resident on the unit. The progress note indicated that R97's responsible party was made aware of the relationship and informed sexual wellness would be reviewed with R97. The progress note also indicated that private time would be given to R97 and the female resident. The progress note indicated R97's cognitive score was reviewed, but the progress note did not indicate an assessment of R97's ability to give sexual consent, obtain sexual consent, avoid sexual exploitation, or understand the ramifications of sexual acts had been completed.
R112's quarterly MDS dated [DATE], indicated R112 had moderately impaired cognition with a BIMS score of 11, requiring help setting up dressing activities, but R112 was independent with toileting, bed mobility, and transferring.
R112's quarterly MDS dated [DATE], indicated R112 had severely impaired cognition with a BIMS score of six and was independent with dressing, toileting, bed mobility, and transferring.
R112's Diagnosis Report dated 7/12/23, indicated diagnoses of dementia, major depression, anxiety, right hip replacement, and kidney disease.
R112's care plan:
- dated 11/13/20 indicated R112 is vulnerable related to moderate cognitive impairment and a diagnosis of dementia. The care plan indicated the following interventions related to vulnerability: to speak slowly and repeat messages as needed, observe for changes in cognition, and anticipate and assist with needs.
- dated 8/29/22, indicated R112 was interested in a relationship with R97 and staff were to facilitate private time behind closed doors for R97 and R112 by placing a do not disturb sign on the R112's door. The care plan indicated the responsible party was aware of the relationship and interventions.
- dated 10/18/23, indicated R112 had a severe to moderate cognitive impairment related to dementia requiring the following interventions: break tasks into one step at a time to support short-term memory loss, cue, reorient, and supervise R112 as needed.
R112's progress note dated 8/29/22 at 2:59 p.m., indicated facility staff had reported R112 was interested in a relationship with a male resident on the unit. The progress note indicated that R112's responsible party was notified of her desire for a relationship. The progress note also indicated that sexual wellness would be reviewed and private time would be given to R112 and the male resident. The progress note indicated that R112's cognitive score was reviewed but did not indicate an assessment of R112's ability to give sexual consent had been completed before the start of these sexual acts.
During observation and interview on 10/16/23 at 2:17 p.m., R97 and R112 were in R97's room, fully clothed, lying in bed together. A please do not disturb sign was on the door and the door was halfway open. R112 stated she and R97 were in a relationship together but cannot recall how long. R97 did not respond when asked about their relationship. Before R97 could answer further, R112 stated the details of the relationship were private and not for anyone else to know, refusing to answer any further questions.
During an interview on 10/17/23 at 11:58 a.m., nursing assistant (NA)-D stated that R97 and R112 had an intimate relationship. NA-D stated when he witnessed R97 and R112 engaging in intimate activities, he applied a do not disturb sign as instructed and closed the door to provide privacy.
During an interview on 10/17/23 at 11:59 a.m., licensed practical nurse (LPN)-D stated R97 and R112 had been intimate and unclothed together a couple of times before the assistant director of nursing (ADON) notified their families of the relationship and she witnessed a do not disturb sign on the door. LPN-D stated she had observed R97 and R112 unclothed and being intimate in bed together multiple times during the previous few months.
During an interview on 10/18/23 at 9:53 a.m., ACP-A stated R97 had impaired cognition and was minimally engaged in conversations. ACP-A stated she was concerned R97 would not be able to express if he was uncomfortable with a sexual encounter, leading to an unsafe situation. ACP-A stated R112 had not been referred to her, but she would be worried a resident R112's current cognition would not be able to consent.
During an interview on 10/18/23 at 11:19 a.m., the ADON stated she was aware of the sexual relationship between R97 and R112. The ADON stated she had not encountered this situation before, and the facility did not have a policy or procedure to reference for guidance on how to handle sexual relationships between residents. The ADON further stated she did not report the incident to the state agency (SA) as she did not believe there was a concern for either resident's safety. The ADON stated that based on the Brief Interview for Mental Status (BIMS, tool used to determine cognition level) scores and Patient Health Questionnaire (PHQ-9, tool used to screen and monitor depression) scores, she determined the residents could consent to a sexual relationship. The ADON stated the ability to consent had not been reassessed as cognition declined.
During an interview on 10/18/23 at 11:42 a.m., the director of nursing (DON) stated she was aware of the sexual relationship between R97 and R112; however, she was not involved in assessing the residents or interventions related to the sexual relationship and referred to the ADON. The DON stated although neither resident could make decisions regarding their medical care, R97 and R112 could consent to a sexual relationship. The DON confirmed she did not report the sexual relationship to the state agency (SA) as she believed both residents could consent to the relationship although they had impaired cognitions. The DON stated the facility did not have a policy regarding sexual relationships between two residents.
The facility Resident Protection Plan policy dated 12/22, indicated resident-to-resident altercations including alleged sexual advances that were not consensual or alleged sexual abuse should have been reported immediately to the Minnesota Health Department (MDH) and if a crime is suspected, to law enforcement. The policy indicated sexual assault as any sexual activity that occurred when an individual could not give consent. The policy did not give guidance on determining sexual consent capacity or investigating a sexual relationship between two residents.
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** Based on observation, interview, and document review, the facility failed to ensure a potential incidence of sexual abuse for wa...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, and document review, the facility failed to ensure a potential incidence of sexual abuse for was investigated for 2 of 2 residents (R97, R112) reviewed for potential abuse.
Findings include:
The American Psychological Association's handbook, Assessment of Older Adults with Diminished Capacity, dated 2008, indicates sexual behaviors ranging from touching to sexual intercourse, require sexual consent capacity. This differs from all other forms of consent capacity. Sexual consent capacity requires the partaker to be able to make a rapid, independent decision in the present and does not allow time for family or physician input as with a medical decision. Sexual consent must be given by the partaker each time a sexual act occurs, not previously by a surrogate decision maker. The handbook indicates that for a resident to possess sexual consent capacity, they must possess knowledge of the results of their decisions, understand how these decisions interact with their values, and be free from the coercion of others. Furthermore, a resident must have the ability to demonstrate an understanding of sexually transmitted diseases (STD), be able to determine if the other member of the sexual activity is also able to consent to sexual activity, and determine what times and places are appropriate for this sexual activity. The handbook indicates that when assessing a resident for the ability to consent, cognitive assessments may be helpful, but it must be ensured that the resident's consent ability remains the same as the first assessment during every sexual act the resident partakes in. The handbook suggests assessing these additional areas: resident vulnerability, ability to avoid sexual exploitation or say no to any uninvited sexual contact, and disorders that could limit or increase sexual activity. The handbook goes on to suggest facilities have policies and procedures addressing sexual relationships between residents coinciding with state statutes.
R97's quarterly Minimum Data Set (MDS) dated [DATE], indicated R97 had moderately impaired cognition with a Brief Interview for Mental Status (BIMS, tool used to determine cognition level) score of 11 and required maximal assistance with lower body dressing and moderate assistance with upper body dressing and bathing.
R97's significant change MDS dated [DATE], indicated R97 had moderately impaired cognition with a BIMS score of nine and required maximal assistance with dressing, bathing, turning in bed, and moving from a lying to a sitting position.
R97's Diagnosis Report dated 9/8/23, indicated diagnoses of a stroke with resulting right-sided weakness and cognitive dysfunction, kidney disease, and diabetes with vision decline.
R97's care plan:
- dated 8/29/22, indicated R97 was interested in a relationship with R112 and staff were to facilitate private time behind closed doors for R97 and R112 by placing a do not disturb sign on R97's door. The care plan indicated the responsible party was aware of the relationship and interventions. This care plan section did not indicate updates had occurred to correlate with R97's decreasing cognition. The care plan also did not include methods to assess R97's ability to give sexual consent, obtain sexual consent, avoid sexual exploitation, or understand of ramifications of sexual acts.
- dated 9/9/23, indicated R97 is vulnerable related to cognitive impairment, had decreased awareness for potential harm, decreased mobility, strength, and function requiring assistance from others to meet daily needs.
- dated 9/20/23, indicated R97 had a potential for impaired communication related to forgetfulness, confusion, severe cognitive impairment, barely speaks when spoken to, and impaired hearing.
- dated 9/27/23 indicated R97 had limited physical mobility related to generalized weakness, impaired cognition, and right-sided weakness and required the extensive assistance of one person for rolling and sitting at the side of the bed.
R97's Associated Clinic of Psychology (ACP) progress note dated 7/19/22, indicated R97 was diagnosed with adjustment disorder and symptoms affecting cognitive function and awareness. The progress note indicated R97 had impaired and scattered cognition. The progress note did not indicate R97's ability to give sexual consent, obtain sexual consent, avoid sexual exploitation, or understand the ramifications of sexual acts was assessed.
R97's progress note dated 8/29/22 at 3:06 p.m., indicated facility staff reported R97 was interested in a relationship with a female resident on the unit. The progress note indicated that R97's responsible party was made aware of the relationship and informed sexual wellness would be reviewed with R97. The progress note also indicated that private time would be given to R97 and the female resident. The progress note indicated R97's cognitive score was reviewed, but the progress note did not indicate an assessment of R97's ability to give sexual consent, obtain sexual consent, avoid sexual exploitation, or understand the ramifications of sexual acts had been completed.
R97's progress note dated 9/25/23, indicated a care conference was held with facility staff but R97 and the responsible party were not present. The progress note indicated that R97's BIMS score had declined, now indicating severe cognitive impairment. R97's ability to give sexual consent, obtain sexual consent, avoid sexual exploitation, or understand the ramifications of sexual acts was not reassessed.
R112's quarterly MDS dated [DATE], indicated R112 had moderately impaired cognition with a BIMS score of 11, requiring help setting up dressing activities, but R112 was independent with toileting, bed mobility, and transferring.
R112's quarterly MDS dated [DATE], indicated R112 had severely impaired cognition with a BIMS score of six and was independent with dressing, toileting, bed mobility, and transferring.
R112's Diagnosis Report dated 7/12/23, indicated diagnoses of dementia, major depression, anxiety, right hip replacement, and kidney disease.
R112's care plan:
- dated 11/13/20 indicated R112 is vulnerable related to moderate cognitive impairment and a diagnosis of dementia. The care plan indicated the following interventions related to vulnerability: speak slowly and repeat messages as needed, observe for changes in cognition, and anticipate and assist with needs.
- dated 8/29/22, indicated R112 was interested in a relationship with R97 and staff were to facilitate private time behind closed doors for R97 and R112 by placing a do not disturb sign on the R112's door. The care plan indicated the responsible party was aware of the relationship and interventions. This care plan section did not indicate updates had occurred to correlate with R112's decreasing cognition. The care plan also did not include methods to assess R112's ability to give sexual consent, obtain sexual consent, avoid sexual exploitation, or understand of ramifications of sexual acts.
- dated 10/18/23, indicated R112 had a severe to moderate cognitive impairment related to dementia requiring the following interventions: break tasks into one step at a time to support short-term memory loss, cue, reorient, and supervise R112 as needed.
R112's progress note dated 8/29/22 at 2:59 p.m., indicated facility staff had reported R112 was interested in a relationship with a male resident on the unit. The progress note indicated that R112's responsible party was notified of her desire for a relationship and was understanding. The progress note also indicated that sexual wellness would be reviewed and private time would be given to R112 and the male resident. The progress note indicated that R112's cognitive score was reviewed but did not indicate an assessment of R112's ability to give sexual consent had been completed before the start of these sexual acts.
During observation and interview on 10/16/23 at 2:17 p.m., R97 and R112 were in R97's room, fully clothed, lying in bed together. A please do not disturb sign was on the door and the door was halfway open. R112 stated she and R97 were in a relationship together but cannot recall how long. R97 did not respond when asked about their relationship. Before R97 could answer further, R112 stated the details of the relationship were private and not for anyone else to know, refusing to answer any further questions.
During an interview on 10/17/23 at 11:58 a.m., nursing assistant (NA)-D stated that R97 and R112 had an intimate relationship. NA-D stated when he witnessed R97 and R112 engaging in intimate activities, he applied a do not disturb sign as instructed and closed the door to provide privacy.
During an interview and document review on 10/17/23 at 11:59 a.m., licensed practical nurse (LPN)-D stated R97 and R112 had been intimate and unclothed together a couple of times before the assistant director of nursing (ADON) notified their families of the relationship and she witnessed a do not disturb sign on the door. LPN-D stated she had observed R97 and R112 unclothed and being intimate in bed together multiple times during the previous few months. The medical record did not indicate an investigation into the sexual acts or initial separation of R97 and R112 to ensure safety had taken place.
During an interview on 10/18/23 at 9:53 a.m., ACP-A stated R97 had impaired cognition and was minimally engaged in conversations. ACP-A stated she had not been informed by the facility of R97's relationship and was concerned R97 would not be able to express if he was uncomfortable with a sexual encounter, leading to an unsafe situation. ACP-A stated that R112 had not been referred to her, and she would be worried a resident with R112's current cognition would not be able to consent.
During an interview on 10/18/23 at 11:19 a.m., the ADON stated she was aware of the sexual relationship between R97 and R112 and intervened by providing education on STDs, contraception, and preventing UTI's. The ADON stated she did not use a specific method to ensure R97 and R112 would be able to apply the education. The ADON stated she had not encountered this situation before, and the facility did not have a policy or procedure to reference for guidance on how to handle sexual relationships between residents. The ADON further stated she did not report the incident to the state agency (SA) or do a complete investigation regarding the potential for abuse as she did not believe there was a concern for either resident's safety. The ADON stated that based on the BIMS scores and PHQ-9 scores, she determined the residents could consent to a sexual relationship. The ADON stated the ability to consent had not been reassessed as cognition declined.
During an interview on 10/18/23 at 11:42 a.m., the director of nursing (DON) stated she was aware of the sexual relationship between R97 and R112; however, she was not involved in assessing the residents or interventions related to the sexual relationship and referred to the ADON. The DON stated although neither resident could make decisions regarding their medical care, R97 and R112 could consent to a sexual relationship. The DON confirmed she did not report the sexual relationship to the state agency (SA) or do a complete investigation regarding the potential for abuse as she believed both residents could consent to the relationship although they had impaired cognitions. The DON stated the facility did not have a policy regarding sexual relationships between two residents.
The facility Guideline for Responding to an Alleged Incident of Abuse policy dated 2/23, indicated covered individuals should provide for the immediate safety of the resident if abuse is suspected. Potential abuse should then be reported to the SA and 911 if applicable. The policy indicated investigation into suspected abuse should begin as soon as possible and include: interviewing residents using the appropriate interview form, completing a physical examination if needed, interviewing witnesses, and ruling out abuse to other residents. The policy indicated care plan interventions should be updated or added to maintain the resident's highest practical well-being.
A policy regarding sexual relationships between two residents or safety measures involved was not provided.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0645
(Tag F0645)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and document review, the facility failed to ensure a level I Pre-admission Screening and Resident Review (PAS...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and document review, the facility failed to ensure a level I Pre-admission Screening and Resident Review (PASARR) was completed prior to admission for 1 of 1 residents (R96).
Findings include:
R96's quarterly Minimum Data Set (MDS) dated [DATE], indicated R96 had moderately impaired cognition with diagnoses including a stroke with left sided weakness and delusional disorder.
R96's PASARR dated 6/6/22, indicated the PAS [PASARR] is not final until the lead agency sends the documentation to the nursing facility. R96's entire medical record was reviewed and lacked evidence a final determination had been received by the county or managed care program as directed by the PAS.
During an interview on 10/19/23 at 8:51 a.m., the director of admissions (DOA) stated she was responsible for managing resident PASARRs. The DOA stated she thought R96's PASARR had been misfiled and was unable to locate it.
During an interview on 10/18/23 at 2:48 p.m., the director of nursing (DON) stated she was unaware of the PASARR process, and the DOA was responsible for PASARR completion and maintenance.
No policy regarding PASARR completion or maintenance was provided.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0679
(Tag F0679)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview and document review, the facility failed to ensure a comprehensive agenda and selection of meani...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview and document review, the facility failed to ensure a comprehensive agenda and selection of meaningful activities, including group-based activities, was provided or offered for 2 of 2 residents (R19, R92) reviewed for activity participate on the short-term stay (i.e., TCU) unit.
Findings include:
R19's admission Minimum Data Set (MDS), dated [DATE], identified R19 had intact cognition, and it was, Very important, for R19 to attend her favorite activities.
R19's Activities: TCU (Transitional Care Unit) Comprehensive Leisure Form - V2, dated 9/28/23, identified R19 was provided with magazines and a power strip for her hearing aides and cell phone. The evaluation outlined, [R19] uses her phone to read & get news updates. [R19] lives in an ALF [assisted living] where she likes to participate in some group activities, especially cards. TR [therapeutic recreation, i.e., activities] will assist with leisure pursuits as needed.
On 10/16/23 at 6:00 p.m., R19 was observed seated in her wheelchair while in her room. The room had no posted activity calendars visible. R19 was questioned on what, if any, activities she attended while at the TCU for rehab services and responded she did not attend any group-based activities as the activities staff told her they don't have any, while providing her with various magazines. R19 stated she enjoyed playing cards and listening to group-based, current event-type activities but neither had ever been offered. R19 stated she was never told about or offered activities in the other parts of the building (i.e., long-term care [LTC] units) and would have likely attended them if she knew they were an option.
R19's care plan, dated 9/29/23, identified R19 lived alone at an ALF prior to their TCU admission adding, . she does attend some group activities and especially enjoys playing cards, which is also an offered activity at her ALF setting. A goal was listed which read, The resident will attain or maintain the highest practicable mental and phychosocial [sic] well-being ., with several interventions including allowing R19 to make choices regarding preferences as needs as appropriate, chaplain services as needed, and providing opportunities for R19 and her family to participate in their own care.
R19's POC (Point of Care) Response History, dated 10/18/23 (with 30 day look-back period), listed a section labeled, Activity Participation (MMH), along with the ability to record active, passive, or refusal of any offered or provided activities. However, this report pulled no data or evidence R19 had been offered or provided with any activities, including individual or group-based activities, with the report responding, No Data Found. Further, R19's entire medical record was reviewed and lacked documented evidence any activities, including self-based and group-based events, had been offered or provided after 9/28/23, despite R19 admitting to the TCU several weeks prior and staff having assessed R19 as having enjoyed group-based activities in their ALF prior to admission.
R92's admission MDS, dated [DATE], was listed as, In Progress, and not finalized prior to or during the onsite survey.
R92's Activities: TCU Comprehensive Leisure Form - V2, dated 10/3/23, identified R92 had been a previous resident on the unit and was provided an [NAME] (virtual assistant). The evaluation outlined, . enjoys reading, music, watching the MN Twins & National Geographic TV. It's important for [R92] to keep up with the news on TV & in newspaper . says she is a 'Night Owl' . TR [therapeutic recreation] will assist with leisure pursuits as needed. However, the completed evaluation lacked any dictation on what, if any, group-based activities were desired or offered to R92 while on the TCU.
On 10/19/23 at 2:02 p.m., R92 was observed lying down in bed while in her room. The room had a television mounted on the wall, however, there were no posted activity or program calendars visible on the walls or within the room. R92 was interviewed and expressed she was admitted to the nursing home a few weeks prior for therapy services. When questioned on what, if any, involvement with the facility' activities programs she participated in, R92 explained when she was not involved with therapy there were not a lot of options for other out-of-room activities of interest (i.e., group events). R92 added the lack of such activities, at times, made her feel captured in this room. R92 stated she did bring some of her own reading materials from home prior to coming as, I knew I was going to need it. R92 stated she had asked about getting some other magazines to read, however, had been told the facility did not provide much, if any, of those because of COVID. R92 stated the facility did offer puzzles and various crossword puzzles, however, due to a dexterity issue she was unable to complete those adding the provided materials were very elementary [i.e., easy and not challenging], which R92 did not care for as they were a teacher prior to retirement. R92 stated she was unable to recall an activities calendar being provided to her to help outline what, if any, activities were available within the building, including on the long-term care side, and voiced no such information had been expressed to her, either. R92 reiterated a sense of boredom while residing at the nursing home for their short-term therapy, and she stated she would have liked to have been offered and attended group-based activities, if available, but added it was likely a little late now since she was looking to discharge soon.
R92's care plan, revised 10/18/23, identified R92 was independent with leisure pursuits with dictation, . has anticipated short term stay, focus is on therapy. The care plan listed several interventions including assisting with independent leisure pursuits as needed, offering ala carte activities (i.e., books, magazines), and, Inform resident of recreational services offered, provide TR telephone number and encourage patient to call with requests and questions.
R92's POC Response History, dated 10/18/23 (with 30 day look-back period), listed a section labeled, Activity Participation (MMH), along with the ability to record active, passive, or refusal of any offered or provided activities. However, this report pulled no data or evidence R92 had been offered or provided with any activities, including individual or group-based activities, with the report responding, No Data Found. Further, R92's entire medical record was reviewed and lacked documented evidence any activities, including self-based and group-based events, had been offered or provided after 10/3/23, despite R92 admitting to the TCU several weeks prior.
On 10/17/23 at 12:37 p.m., nursing assistant (NA)-B and NA-C were interviewed on the TCU. NA-B explained staff don't do much for activities on the unit which NA-C stated was due to most of the time [on the unit] consumed with therapy. NA-B stated they thought the residents' were provided a calendar for activities, but expressed they were unsure who provided it to them. NA-B and NA-C both expressed there were much more activities in the long-term care building (i.e., D-Building), however, the NA staff had never been told or asked to offer those activities to the TCU residents adding, We don't. Further, NA-C stated they had seen some activities staff personnel on the TCU offering and handing out various books or magazines, but added such was only once in awhile and not regularly observed.
When interviewed on 10/17/23 at 12:58 p.m., registered nurse (RN)-B stated there aren't a lot of activities on the TCU, which RN-B attributed to COVID-19 precautions, however, acknowledged the nursing home was not in outbreak status and had no recent COVID cases to their knowledge. RN-B explained there was an activity staff member, who they named as therapeutic recreation coordinator (TRC)-A, who did meet the residents and interview them upon admission to the unit but outside of some public puzzles and non-leisure group therapy sessions (i.e., PT, OT) there was not much offered for group-based activities. RN-B stated they had never been asked or directed to offer TCU residents' the long-term care building activities before and reiterated they didn't feel comfortable doing so since COVID. Further, RN-B stated any activities programming, schedules, or questions were best answered by TRC-A.
On 10/18/23 at 10:17 a.m., TRC-A was interviewed. TRC-A verified they were the person who helped manage and run the activities in the TCU setting. TRC-A stated they visited with each admission to the TCU and provided in-rooms items, as best able, to help them have self-guided activities. TRC-A explained they felt residents on the TCU were more focused with in room activities due to their stay at the nursing home being short-term, however, if someone expressed wanting to go to the long-term care building for activities then such would be possible. TRC-A stated prior to the pandemic the flow between the units was more open and, lately, there still was apprehension on mixing the groups (i.e., long-term care and TCU). As a result, TRC-A reiterated the activities offered on the TCU were almost solely individually based and self-guided adding they felt most people likely would not want to have more robust activities scheduled due to therapy work. TRC-A stated offered, attended, or provided activities were not tracked (i.e., charted) on the TCU, and they verified the long-term care activities schedules were not advertised or provided to the TCU residents adding such had not been done since pre-pandemic times. TRC-A stated they were unaware R19 and R92 had wished to do more group-based activities, however, acknowledged hearing some complaints on the lack of more activities within the TCU on occasion over the years. Further, TRC-A reiterated the activities programming on the TCU was it's all individual.
A provided Activities Program policy, dated 3/2023, identified the nursing home would provide an ongoing program of activities, including both facility-sponsored group and individual activities, in accordance with the resident' assessment, care plan, and preferences. The policy outlined, Activities should be individualized and based on resident's previous lifestyle, preferences and comforts. The policy included a section which specified some additional guidance for short-term stay residents including offered ala carte activities (i.e., puzzles, cross words), technology equipment as desired, and, Offer opportunities to attend group activities in all parts of the building when not attending therapy if resident is interested. However, the policy lacked further information on how these group-based activities would be advertised, offered or provided.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Accident Prevention
(Tag F0689)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview and document review the facility failed to comprehensively assess the root cause of falls, and i...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview and document review the facility failed to comprehensively assess the root cause of falls, and incorporate new fall interventions, to prevent falls and injury for one of one resident (R110) who had frequent falls.
Findings include:
R110's significant change Minimum Data Set, dated [DATE], indicated R110 was severely cognitively impaired and required extensive assist with bed mobility, dressing and personal hygiene, and required total assistance with toileting.
R110's Medical Diagnoses list, dated 8/18/23, indicated R110 had a primary diagnoses of left femur fracture and presence of a left artificial hip joint. The medical diagnoses list, dated 7/3/20, indicated secondary diagnosis of Alzheimer's disease and a history of falling.
R110's progress notes indicated R110 had six falls in the past seven months, with one serious injury requiring hospitalization. R110's progress notes detailed the following;
On 3/23/23, it was documented R110 was found sitting on the floor, watching TV with a new skin tear. (Unclear as to where the skin tear was.)
On 5/9/23, it was documented R110 was found sitting on the floor in her room next to her bed with spilled pop on the floor and her wheelchair next to her.
On 7/2/23 it was documented R110 was found sitting on the floor with her wheelchair close to her.
On 8/12/23 it was documented R110 was found sitting on the floor with her wheelchair next to her and stated she fell trying to sit on her wheelchair. R110 had complaints of left leg pain and was given scheduled Tylenol.
On 8/13/23 it was documented R110's x-ray results indicated an acute left femoral neck fracture and R110 was sent to the hospital.
On 9/18/23 it was documented R110 was found sitting on the floor, stating she, slid down to the floor.
R110's care plan, revised 9/6/23, indicated R110 was at risk for falls due to needing assistance with mobility, potential side effects of medication, impaired cognition, and a history of multiple falls. Updated interventions in the past 5 months included an antiroll-back wheelchair, dated 6/6/23, and encouraging resident to participate in activities that promote exercise and to wear appropriate non-slip footwear, dated 9/6/23 (originally on care plan 7/5/20). R110's care plan also included an intervention, revised 4/10/23, to place a star icon on R110's doorframe.
R110's entire medical record (EMR) lacked a comprehensive assessment and root cause analysis of the potential cause of falls and why R110 was self-transferring. The EMR also lacked new interventions in place to prevent future falls.
During observation on 10/17/23, R110 did not have a star icon on her doorframe.
During an interview on 10/18/23 at 11:00 a.m., nursing assistant (NA)-A stated R110 was a high fall risk due to frequent falls and that she should have a red check mark on her door frame which indicated a resident requires frequent checks. NA-A stated R110 was ambulating with therapy only. NA-A also stated she was unaware of what a star on a resident's doorframe would indicate.
During an interview on 10/18/23 at 11:25 a.m., nurse manager and licensed practical nurse (LPN)-E stated that the expectation after a fall was for the staff member who found the resident to notify the nurse and assist the resident in getting off the floor. LPN-E stated if a resident was a frequent faller, the staff will often 'just get them up off the floor. LPN-E stated a fall scene report would be filled out indicating how the resident was found, what was on their feet and when they were last toileted. Falls were then discussed at a weekly fall meeting. LPN-E stated that R110's root cause for her falls was always going to be self-transferring as she does not remember to call for help and that interventions to prevent falls would only be updated if something new was identified but not with each fall.
During an interview on 10/19/23 at 9:59 a.m., nurse manager and LPN-E stated she was unable to locate a fall scene report from R110's fall on 5/9/23. LPN-E confirmed that the interventions on the care plan are what had been put in place for R110 and stated there were no new interventions that could be put in place because the root cause of her falls was always that she self-transfers. LPN-E stated R110 should have a star on her doorframe to indicate she was a frequent faller and confirmed it wasn't there. LPN-E also confirmed the fall interventions were repetitive and repeatedly indicated R110 should have frequent checks which LPN-E stated meant for staff to check on R110, often as they walk by. LPN-E confirmed they had not tried a sign in her room to remind her to call for help and had not assessed why she was self-transferring such as a potential need for her toileting plan to be reassessed, did she need a different call light, should her wheelchair be next to her or away from her, etc.
During an interview on 10/19/23 at 11:13 a.m., the director of nursing (DON) stated she would expect a comprehensive assessment to be completed with each fall and a root cause analysis of why R110 was trying to self-transfer. The DON further stated with each fall there should be new interventions to try to prevent future falls.
A facility policy titled Fall Management Protocol, revised 5/23, indicated information from a fall would be gathered and analyzed at quality assurance (QA) meetings and that frequent fallers would have a star symbol on their doorframe and walker or wheelchair if used.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Tube Feeding
(Tag F0693)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview and document review, the facility failed to ensure a feeding tube was in functioning order to pr...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview and document review, the facility failed to ensure a feeding tube was in functioning order to promote comfort, prevent the spread of infection and prevent further malnutrition for 1 of 1 residents (R134) reviewed for tube feedings.
Findings include:
R134's quarterly Minimum Data Set (MDS) dated [DATE], indicated R134 had severe cognitive impairment and required extensive assistance for bed mobility, eating, and personal hygiene. The MDS indicated R134 received 51 percent (%) or more of her nutrition through a feeding tube.
R134's Diagnosis Report dated 2/24/23, indicated R134 had diagnoses including stomach cancer that spread to the lungs and liver, dysphagia (swallowing disorder), malnutrition, and dehydration.
R134's Order Summary Report dated 10/17/23, indicated an order to administer R134's tube feeding (TF) from 8:00 p.m. to 8:00 a.m. daily at a rate of 100 milliliters/hour (mL/hr). The report indicated staff were to communicate R34's physical and emotional needs with the hospice team. The report also indicated staff were to notify the provider of feeding tube concerns including clogging or leaking.
R134's care plan dated 10/18/23, indicated R134 had severe malnutrition and received 75 to 100 % of her nutrition through a feeding tube. The care plan indicated family was to be informed of feeding tube concerns. The care plan indicated staff were to report and document any tube feeding malfunction. The care plan also indicated R134 was at risk for impaired skin integrity related to nutritional status, staff dependence, and incontinence; therefore, R134's skin was to be kept clean and dry. The care plan indicated R134 had a terminal prognosis and maximum comfort was to be provided.
R134's progress note dated 10/17/23 at 7:29 a.m., indicated R134's TF was stopped for the night at 12:00 a.m., due to a broken port (entrance site of feeding tube for TF). The progress note indicated tape had not prevented the TF from leaking onto R134, R134's recliner, and floor. The progress note did not indicate the provider had been updated.
R134's progress note dated 10/17/23 at 10:19 a.m., indicated R134's feeding tube had two ports, one of which had been broken for a while.
R134's progress note dated 10/17/23 at 3:30 p.m., indicated R134 started receiving hospice services related to a terminal prognosis. The progress note indicated R134's family would not want the feeding tube replaced if both ports became non-functional and instead would stop TF.
R134's progress note dated 10/19/23 at 6:04 a.m., indicated at 1:00 a.m., R134's TF had flooded all over the floor- running from the bathroom to recliner and the feeding tube port was noted to be broken. The progress note indicated the feeding was not restarted until 4:00 a.m., when the port was manually held shut, allowing formula to run. The progress note did not indicate the provider had been updated.
During observation on 10/16/23 at 5:39 p.m., R134's feeding tube had two ports, one covered with discolored tape and the other closed with a cap. R134 was not receiving TF at this time.
During observation and interview on 10/18/23 at 8:05 a.m., R134's TF was administered through the first port while the second port was covered in discolored, wet-appearing tape with the closure cap hanging freely. Licensed practical nurse (LPN)-A removed the tape, cleaned the port, left the closure cap hanging freely, and applied tape directly to the end of the port. LPN-A stated the port broke a month or two ago, so staff wrapped the end very tightly in tape.
During an interview on 10/19/23 at 8:34 a.m., the hospice nurse (RN)-A, stated the facility had informed her one port was broken so they taped the cap into the port, eliminating leakage. RN-A stated she was not made aware the cap was not being used or the TF was leaking.
During an interview on 10/19/23 at 10:00 a.m., family member (FM)-A stated he had been informed by hospice of a slight issue with the feeding tube and had observed tape over the port. FM-A stated he had not been informed of the feeding tube leakage. FM-A stated if the feeding tube broke or malfunctioned, the family would want feedings stopped.
During an interview on 10/19/23 at 10:16 a.m., R134's medical doctor (MD)-A stated he was aware one of the ports was malfunctioning but not of the extensive leakage or the tape being used to cover the port. MD-A stated the family did not want the feeding tube replaced and was open to weaning R134 off the TF if the tube was not working. MD-A stated he would be worried about the risk of infection and discomfort related to the leaking port and the nurse practitioner in charge of care should have been contacted.
During an interview on 10/19/23 at 11:20 a.m., the director of nursing (DON) stated nursing staff should have contacted the provider when R134's TF was observed leaking so a better solution could be found.
The facility Enteral Tubes policy dated 8/23, indicated the TF should be administered according to the practitioner's order. The policy indicated notification of the practitioner should have been completed if a feeding tube broke, cracked, or clogged and with questions or concerns related to this tube.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Respiratory Care
(Tag F0695)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview and document review, the facility failed to ensure proper cleaning of a continuous positive airw...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview and document review, the facility failed to ensure proper cleaning of a continuous positive airway pressure (CPAP) machine to reduce the risk of complication (i.e., respiratory infection) for 1 of 1 residents (R76) observed for CPAP use.
Findings include:
R76's admission Minimum Data Set (MDS) dated [DATE], indicated R76 had intact cognition and was independent with eating, required moderate assistance with toileting, and minimal assistance with personal hygiene.
R76's Diagnosis Report dated 10/6/23, indicated R76 had diagnoses of pneumonia (onset of 10/14/23), obstructive sleep apnea, asthma, chronic obstructive pulmonary disease (COPD, incurable lung disease causing breathlessness, frequent coughing, and chest tightness), and kidney disease.
R76's Order Summary Report dated 10/6/23 (admission date), indicated R76 was approved to use her CPAP machine with home settings. The report indicated R76 started a seven-day course of Doxycycline (antibiotic) for pneumonia on 10/14/23. The report indicated R76's daily CPAP cleaning was ordered on 10/18/23.
R76's care plan dated 10/9/23, indicated R76 was diagnosed with obstructive sleep apnea requiring CPAP machine use at pre-programmed settings while sleeping. The care plan indicated the nurse was to clean the CPAP machine weekly.
R76's Treatment Administration Record (TAR) dated 10/18/23, did not indicate cleaning of R76's CPAP had been completed since admission. The patient CPAP machine was set up for use by staff on 10/12/23, 10/13/23, 10/14/23, 10/15/23, and 10/17/23.
During observation and interview on 10/16/23 at 2:26 p.m., R76's ResMed CPAP machine was observed on the bedside dresser with condensation inside the water chamber and the mask still attached. R76 stated she used her CPAP machine several times in the past week.
During observation and interview on 10/18/23 at 8:22 a.m., R76's CPAP machine was observed on the bedside table with condensation in the water chamber with the mask still attached. R76 stated her CPAP machine had not been cleaned since before admission.
During an interview on 10/18/23 at 8:25 a.m., licensed practical nurse (LPN)-B stated CPAP machine cleaning should have been completed daily but this was not documented anywhere. LPN-B stated she was unsure if R76 had worn her CPAP the previous night, and because of this the CPAP machine had not required cleaning this morning.
During an interview on 10/18/23 at 2:12 p.m., LPN-C stated he was unfamiliar with R76, but CPAP machines were expected to have been cleaned daily and this should have been documented in the TAR.
During an interview on 10/18/23 at 2:49 a.m., the director of nursing (DON) stated CPAP cleaning should have been ordered on admission and documented in the TAR. The DON stated she would have expected staff to refer to the facility policy to determine the frequency of CPAP cleaning. The DON stated scheduled CPAP cleaning was important to decrease resident risk for respiratory infection.
ResMed's undated Cleaning CPAP Equipment instructions, indicated mask cushion and humidifier water tub should be cleaned daily while the mask frame system, mask headgear, and air tubing should be cleaned weekly.
The undated facility Cleaning Your CPAP policy, indicated the CPAP mask and water chamber required daily cleaning, while the mask, tubing, and headgear required weekly disassembly and cleaning.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0744
(Tag F0744)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, and document review, the facility failed to ensure dementia services were provided which includ...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, and document review, the facility failed to ensure dementia services were provided which included an initial comprehensive assessment and on-going assessments regarding sexual consent capacity for 2 of 2 residents (R97, R112) with cognitive impairment who were reviewed for dementia care.
Findings include:
The American Psychological Association's handbook, Assessment of Older Adults with Diminished Capacity, dated 2008, indicates sexual behaviors ranging from touching to sexual intercourse, require sexual consent capacity. This differs from all other forms of consent capacity. Sexual consent capacity requires the partaker to be able to make a rapid, independent decision in the present and does not allow time for family or physician input as with a medical decision. Sexual consent must be given by the partaker each time a sexual act occurs, not previously by a surrogate decision maker. The handbook indicates that for a resident to possess sexual consent capacity, they must possess knowledge of the results of their decisions, understand how these decisions interact with their values, and be free from the coercion of others. Furthermore, a resident must have the ability to demonstrate an understanding of sexually transmitted diseases (STD), be able to determine if the other member of the sexual activity is also able to consent to sexual activity, and determine what times and places are appropriate for this sexual activity. The handbook indicates that when assessing a resident for the ability to consent, cognitive assessments may be helpful, but it must be ensured that the resident's consent ability remains the same as the first assessment during every sexual act the resident partakes in. The handbook suggests assessing these additional areas: resident vulnerability, ability to avoid sexual exploitation or say no to any uninvited sexual contact, and disorders that could limit or increase sexual activity. The handbook goes on to suggest facilities have policies and procedures addressing sexual relationships between residents coinciding with state statutes.
R97's quarterly Minimum Data Set (MDS) dated [DATE], indicated R97 had moderately impaired cognition with a Brief Interview for Mental Status (BIMS, tool used to determine cognition level) score of 11 and required maximal assistance with lower body dressing and moderate assistance with upper body dressing and bathing.
R97's significant change MDS dated [DATE], indicated R97 had moderately impaired cognition with a BIMS score of nine. and required maximal assistance with dressing, bathing, turning in bed, and moving from a lying to a sitting position.
R97's Diagnosis Report dated 9/8/23, indicated diagnoses of a stroke with resulting right-sided weakness and cognitive dysfunction, kidney disease, and diabetes with vision decline.
R97's care plan:
- dated 8/29/22, indicated R97 was interested in a relationship with R112 and staff were to facilitate private time behind closed doors for R97 and R112 by placing a do not disturb sign on R97's door. The care plan indicated the responsible party was aware of the relationship and interventions. This care plan section did not indicate updates had occurred to correlate with R97's decreasing cognition. The care plan also did not include methods to assess R97's ability to give sexual consent, obtain sexual consent, avoid sexual exploitation, or understand of ramifications of sexual acts.
- dated 9/9/23, indicated R97 is vulnerable related to cognitive impairment, had decreased awareness for potential harm, decreased mobility, strength, and function requiring assistance from others to meet daily needs.
- dated 9/20/23, indicated R97 had a potential for impaired communication related to forgetfulness, confusion, severe cognitive impairment, barely speaks when spoken to, and impaired hearing.
- dated 9/27/23 indicated R97 had limited physical mobility related to generalized weakness, impaired cognition, and right-sided weakness and required the extensive assistance of one person for rolling and sitting at the side of the bed.
R97's Associated Clinic of Psychology (ACP) progress note dated 7/19/22, indicated R97 was diagnosed with adjustment disorder and symptoms affecting cognitive function and awareness. The progress note indicated R97 had impaired and scattered cognition. The progress note did not indicate R97's ability to give sexual consent, obtain sexual consent, avoid sexual exploitation, or understand the ramifications of sexual acts was assessed.
R97's progress note dated 8/29/22 at 3:06 p.m., indicated facility staff reported R97 was interested in a relationship with a female resident on the unit. The progress note indicated that R97's responsible party was made aware of the relationship and informed sexual wellness would be reviewed with R97. The progress note also indicated that private time would be given to R97 and the female resident. The progress note indicated R97's cognitive score was reviewed, but the progress note did not indicate an assessment of R97's ability to give sexual consent, obtain sexual consent, avoid sexual exploitation, or understand the ramifications of sexual acts had been completed.
R97's progress note dated 9/1/22 at 12:50 p.m., indicated a Do Not Disturb sign was given to R97 for privacy. The progress note indicated sexual health education on keeping clean and dry when intimacy was anticipated, was given to R97. The progress noted indicated that R97 was instructed that monogamy and prophylactics could assist in decreasing STD risk. The progress note did not indicate that R97 was able to articulate an understanding of the sexual health teaching and R112's ability to give sexual consent, obtain sexual consent, avoid sexual exploitation, or understand the ramifications of sexual acts was not documented to have been reassessed.
R97's ACP progress note dated 10/4/22, indicated R97 had withdrawn, tired behavior, and R97 demonstrated low insight while tending to minimize concerns.
R97's ACP progress note dated 11/8/22, indicated R97 had a new Geriatric Depression Scale (GDS) score of six, indicating depression. The progress note indicated R97 had a flat affect with guarded behavior with no interest in activities. The progress note did not indicate that R97's sexual relationship had been evaluated to determine possible effects on mental health.
R97's progress note dated 4/10/23 at 11:49 a.m., indicated R97 and his responsible party declined to attend the care conference. The progress note indicated that R97 continued to have access to a privacy sign to place on his door as needed. The progress note indicated a decline in R97's BIMS score but did not indicate a reassessment of his ability to consent to a sexual relationship.
R97's ACP progress note dated 5/30/23, indicated R97, had a flat affect, withdrawn behavior, and impaired cognition. The progress note indicated R97 often is contradictory in his statements.
R97's progress note dated 9/25/23, indicated a care conference was held with facility staff but R97 and the responsible party were not present. The progress note indicated that R97's BIMS score had declined, now indicating severe cognitive impairment. R97's ability to give sexual consent, obtain sexual consent, avoid sexual exploitation, or understand the ramifications of sexual acts was not reassessed.
R112's quarterly MDS dated [DATE], indicated R112 had moderately impaired cognition with a BIMS score of 11, requiring help setting up dressing activities, but R112 was independent with toileting, bed mobility, and transferring.
R112's quarterly MDS dated [DATE], indicated R112 had severely impaired cognition with a BIMS score of six and was independent with dressing, toileting, bed mobility, and transferring.
R112's Diagnosis Report dated 7/12/23, indicated diagnoses of dementia, major depression, anxiety, right hip replacement, and kidney disease.
R112's care plan:
- dated 11/13/20 indicated R112 is vulnerable related to moderate cognitive impairment and a diagnosis of dementia. The care plan indicated the following interventions related to vulnerability: speak slowly and repeat messages as needed, observe for changes in cognition, and anticipate and assist with needs.
- dated 8/29/22, indicated R112 was interested in a relationship with R97 and staff were to facilitate private time behind closed doors for R97 and R112 by placing a do not disturb sign on the R112's door. The care plan indicated the responsible party was aware of the relationship and interventions. This care plan section did not indicate updates had occurred to correlate with R112's decreasing cognition. The care plan also did not include methods to assess R112's ability to give sexual consent, obtain sexual consent, avoid sexual exploitation, or understand of ramifications of sexual acts.
- dated 10/18/23, indicated R112 had a severe to moderate cognitive impairment related to dementia requiring the following interventions: break tasks into one step at a time to support short-term memory loss, cue, reorient, and supervise R112 as needed.
R112's progress note dated 8/29/22 at 2:59 p.m., indicated facility staff had reported R112 was interested in a relationship with a male resident on the unit. The progress note indicated that R112's responsible party was notified of her desire for a relationship and was understanding. The progress note also indicated that sexual wellness would be reviewed and private time would be given to R112 and the male resident. The progress note indicated that R112's cognitive score was reviewed but did not indicate an assessment of R112's ability to give sexual consent had been completed.
R112's progress note dated 9/1/22 at 12:54 p.m., indicated a Do Not Disturb sign was given to R112 to promote privacy. The progress note indicated sexual health education on keeping clean and dry if R112 was anticipating intimacy. The progress noted indicated that R112 was instructed that monogamy and prophylactics could assist in decreasing her STD risk. R112 also received education to decrease her urinary tract infection (UTI) risk. The progress note did not indicate that R112 was able to articulate an understanding of the teaching. R112's ability to give sexual consent, obtain sexual consent, avoid sexual exploitation, or understand of ramifications of sexual acts was not documented to have been assessed.
R112's progress note dated 8/8/23 at 1:35 p.m., indicated R112 had a decrease in cognition, was now severely cognitively impaired, and needed assistance finding her room. The progress note did not indicate that R112's ability to give sexual consent, obtain sexual consent, avoid sexual exploitation, or understand the ramifications of sexual acts was reassessed with her decrease in cognition.
R112's progress note dated 8/28/23 at 12:25 p.m., indicated R112 had a decreased BIMS score and Patient Health Questionnaire (PHQ-9, tool used to screen and monitor depression) score. The progress note indicated that R112 had more difficulty tracking conversations and was now unable to use the text feature on her phone. R97's ability to give sexual consent, obtain sexual consent, avoid sexual exploitation, or understand the ramifications of sexual acts was not reassessed.
During observation and interview on 10/16/23 at 2:17 p.m., R97 and R112 were in R97's room, fully clothed, lying in bed together. A please do not disturb sign was on the door and the door was halfway open. R112 stated she and R97 were in a relationship together but cannot recall how long. R97 did not respond when asked about their relationship. Before R97 could answer further, R112 stated the details of the relationship were private and not for anyone else to know, refusing to answer any further questions.
During an interview on 10/17/23 at 11:58 a.m., nursing assistant (NA)-D stated that R97 and R112 had an intimate relationship. NA-D stated when he witnessed R97 and R112 engaging in intimate activities, he applied a do not disturb sign as instructed and closed the door to provide privacy.
During an interview and document review on 10/17/23 at 11:59 a.m., licensed practical nurse (LPN)-D stated R97 and R112 had been intimate and unclothed together a couple of times before the assistant director of nursing (ADON) notified their families of the relationship and she witnessed a do not disturb sign on the door. LPN-D stated she had observed R97 and R112 unclothed and being intimate in bed together multiple times during the previous few months.
During an interview on 10/18/23 at 9:53 a.m., ACP-A stated R97 had impaired cognition and was minimally engaged in conversations. ACP-A stated she had not been informed by the facility of R97's relationship and was concerned R97 would not be able to express if he was uncomfortable with a sexual encounter, leading to an unsafe situation. ACP-A stated that R112 had not been referred to her, and she would be worried a resident with R112's current cognition would not be able to consent.
During an interview on 10/18/23 at 11:19 a.m., the ADON stated she was aware of the sexual relationship between R97 and R112 and intervened by providing education on STDs, contraception, and preventing UTI's. The ADON stated she did not use a specific method to ensure R97 and R112 would be able to apply the education. The ADON stated she had not encountered this situation before, and the facility did not have a policy or procedure to reference for guidance on how to handle sexual relationships between residents. The ADON stated that based on the BIMS scores and PHQ-9 scores, she determined the R97 and R112 could consent to a sexual relationship, but this ability had not been reassessed as cognition declined.
During an interview on 10/18/23 at 11:42 a.m., the director of nursing (DON) stated she was aware of the sexual relationship between R97 and R112; however, she was not involved in assessing the residents or interventions related to the sexual relationship and referred to the ADON. The DON stated although neither resident could make decisions regarding their medical care, R97 and R112 could consent to a sexual relationship. The DON stated she believed both residents could consent to the relationship although they had impaired cognitions. The DON stated the facility did not have a policy regarding sexual relationships between two residents.
A policy regarding sexual relationships between two residents or safety measures involved was not provided.
MINOR
(B)
Minor Issue - procedural, no safety impact
Deficiency F0565
(Tag F0565)
Minor procedural issue · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and document review, the facility failed to ensure all residents, including those who resided in the transiti...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and document review, the facility failed to ensure all residents, including those who resided in the transitional care units (TCU), were notified and afforded an opportunity to attend the facility-based, routinely held resident council meetings which impeded these residents' right to participate in resident groups within the nursing home. This had the potential to affect 69 of 69 residents identified to resident on the TCU during the survey.
Findings include:
During an interview on 10/18/23 at 10:02 a.m. R68 stated they had not been notified of the existence of a resident council while residing in the TCU, nor had they been invited to participate in any resident group meeting.
Review of resident council meeting minutes for the prior three months, dated 8/4/23, 9/5/23 and 10/6/23 and included resident attendees, lacked evidence of attendance for residents residing in the TCU.
A provided, all campus resident roster, undated, identified a total of 69 residents resided on the TCU unit(s) upon entrance for the recertification survey.
R68's Minimum Data Set (MDS) assessment dated [DATE] indicated R68 was admitted to the facility on [DATE] and was a resident of the facility during the time of the resident council meeting of 10/6/23. R68's MDS also indicated they were cognitively intact since admission.
During an interview on 10/18/23 at 10:17 a.m., therapeutic recreation coordinator (TRC-B), who directed activities for the TCU, stated TCU residents did not get invited to the monthly resident council meetings and did not have a meeting separate of the long-term care residents. TRC-B was unaware of any reason TCU residents did not receive notification of resident council meetings.
During an interview on 10/18/23 at 10:24 a.m. TRC-A stated she facilitated resident council meetings in the building and each unit of the long-term care had their own meeting on the same day. TRD further stated that she was unaware of any resident council meetings on the TCU, but stated TCU residents did not attend resident council with the long-term care residents. She further deferred the question to TRC-B.
During an interview on 10/18/23 at 10:52 a.m. the facility administrator stated resident council meetings were conducted monthly for long term care residents. She further stated since the beginning of the pandemic, TCU and long-term care residents have not been intermingling and she would defer to TRC-B to see what she is offering the residents.
A facility policy on resident council was requested but not received.