CRITICAL
(J)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Immediate Jeopardy (IJ) - the most serious Medicare violation
Free from Abuse/Neglect
(Tag F0600)
Someone could have died · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on staff interviews, record review and facility policy review, the facility failed to protect the resident's right to be f...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on staff interviews, record review and facility policy review, the facility failed to protect the resident's right to be free from sexual abuse for one (1) of 20 residents on the Special Care Unit. Resident #56.
Resident #56 was found on 4/24/25 at approximately 3:00 PM, by a Certified Nursing Assistant (CNA) with Resident #16 in the bed and on top of her, with his hand inside her incontinence brief, performing jabbing motions. Resident #16 became violent with the staff when they tried to remove him from Resident #16's room where he hit a staff member with his fist.
The facility's failure to prevent the sexual abuse of Resident #56 placed Resident #56 and other residents at risk for sexual assault, in a situation that caused and was likely to cause serious injury, serious harm, serious impairment, or death.
This situation was determined to be an Immediate Jeopardy (IJ) and Substandard Quality of Care (SQC) which began on 11/05/24 when Resident #16 began to exhibit sexual behaviors towards staff and the facility did not implement interventions to prevent further sexual behaviors.
The SA notified the facility's Administrator of the IJ and SQC on 4/30/25 at 1:20 PM and provided the Administrator with the IJ templates.
The facility submitted an acceptable Removal Plan on 5/02/25, in which they alleged all corrective actions to remove the IJ and SQC were completed on 5/1/25, and the IJ removed on 5/2/25.
The SA validated the Removal Plan on 5/05/25 and determined the IJ and SQC was removed on 5/2/25, prior to exit. Therefore, the scope and severity for 42 CFR: 483.12 (a)(1)- Free from Abuse, Neglect and Exploitation (F600), was lowered from a scope and severity of J to a D while the facility develops a plan of correction to monitor the effectiveness of the systemic changes to ensure the facility sustains compliance with regulatory requirements.
Cross Reference F609, F656
Findings Include:
Record review of the facility policy Abuse and or Suspected Crimes Reporting Under the Elder Justice Act, last reviewed 3/24 revealed, .Sexual abuse includes .sexual assault . It is the policy of [Proper Name of Facility] that all residents will be free from physical, mental, and/or verbal abuse .
Record review of the facility investigation revealed that on 4/24/25 at approximately 3:00 PM, a Certified Nursing Assistant (CNA) was walking down the hall and saw Resident #16 on top of Resident #56 in an inappropriate manner. Both residents were clothed. The CNA called for assistance from other staff to remove Resident #16 from Resident #56's bed. Upon assessment by the Registered Nurse (RN), Resident #56 was noted to have scratches on her upper legs and scratches and bruising on her labia. The CNA reported that Resident #16's hand was down inside Resident #56's diaper, and he was making a jabbing motion with his hand.
Record review of the Default Flowsheet Data for Resident #56, under Genitourinary on 4/24/25 at 4:13 PM, documented scratches, skin discoloration, and slight edema noted to the labia; maroon/purple and pale overall paleness; maroon/purple bruising noted to the left thigh; maroon/purple bruising with yellow outer edges noted to the left lateral eyebrow; and scratches noted to the left thigh and bilateral outer labia with bruising and redness to both areas.
Record review of the Nursing Note for Resident #56, dated 4/29/25, written by Licensed Practical Nurse (LPN) #2 revealed a late entry for 4/24/25 that stated, This nurse alerted by CNA to come to elder's room. When this nurse entered room, observed a male elder on top of this female elder, both were fully clothed, male elder refuses to get off of female elder and required 2 (two) more CNA to assist, male elder becomes violent and punches one of the CNAs in the nose, male elder removed from this elder's room and taken back to his room with supervision. [Proper Name of Administrator] aware . Social Worker (SW) aware and she talked to family, and [Proper Name of Physicians] aware per this nurse .
Record review of the Nursing Note for Resident #16, dated 4/24/25, documented that a CNA doing a visual check observed the elder in a female elder's room on top of her. The clothes were intact. When attempts were made to remove this elder, he became violent and punched a CNA in the nose. He was returned to his room, and supervision was provided at his doorway to maintain the female resident's safety.
In an interview with CNA #3 on 4/29/25 at 10:45 AM, she stated that on the afternoon of 4/24/25, she came out of another resident's room and heard a commotion. She saw staff going into Resident #56's room, so she followed and saw Resident #16 lying on top of Resident #56. Both residents were fully dressed, and Resident #16 had his hand up Resident #56's pants leg. She said staff were attempting to remove him and he became agitated, hitting a CNA in the face. She stated it took about four staff members to remove him. CNA #3 further stated that Resident #16 frequently makes inappropriate statements about wanting sex and has grabbed CNAs between their legs, but she had never seen him attempt to touch another resident in this way. She said CNAs usually take two people when giving him care and try to discourage his behavior, but that he still grabs staff between their legs. After the incident, he was taken to his room, and the CNAs on duty conducted visual checks, but he was not on 1:1 supervision. At some point, he came out of his room and was in the dining area making sexual statements in front of other residents, so they returned him to his room.
In an interview with the Administrator on 4/29/25 at 12:50 PM, he stated that on 4/24/25 at approximately 3:20 PM, he was notified by LPN #2 that Resident #16 was found on top of Resident #56, and he called for a Registered Nurse (RN) to assess her. He stated that at that time he was not informed that Resident #16 had his hands in Resident #56's brief. He stated that the resident's responsible party was notified by the Social Worker, and the physician was also notified. He verified that he reported the incident online to the Attorney General's Office. The Administrator stated that staff working the unit were instructed to supervise Resident #16 until he was transferred to the geriatric hospital on the afternoon of 4/25/25. He verified that no other residents were assessed for signs of abuse at that time and no other body audits were performed. The Administrator confirmed that this is a memory care unit that both Resident #56 and Resident #16 reside on.
In an interview with RN #3 on 4/30/25 at 9:15 AM, she stated that on 4/24/25 around 4:00 PM, she was called to assess Resident #56 after Resident #16 was found on top of her. Resident #56 was noted to have irregularly shaped scratches and bruising on her left thigh, approximately the size of a quarter, bruising to her left eye, and scratches and bruising on both sides of her labia. She stated she notified the Administrator and Social Worker of her finding in the body audit.
In an interview with CNA #6, #7, and #8 on 4/30/25 at 10:00 AM, they all stated that Resident #16 has a history of touching and grabbing staff's private parts and making comments like give me that p**** in front of other residents. They stated they had never seen him attempt to touch other residents, but he does touch staff and that he makes inappropriate sexual comments to other residents. They said that after the incident on 04/24/25, while Resident #16 was in the dining area on 4/25/25, he was fondling himself, making sexual gestures at female residents, and making inappropriate sexual statements, after which he was returned to his room.
In an interview with LPN #3 on 4/30/25 at 10:15 AM she stated that Resident #16 has always exhibited aggressive verbal sexual behaviors. He makes sexual gestures toward anyone who walks by and says things like I want your p****. She stated he grabs CNAs during Activity of Daily Living (ADL) care and masturbates in common areas. She said that on the morning of 4/25/25, she was instructed to keep him under supervision in the dining room, but he continued to display inappropriate sexual behaviors. Although he was returned to his room, he is ambulatory and would come right back out. She added that he wanders and walks around the unit and, if his roommate is in the bathroom, he will go into other resident's room to use the restroom.
In a telephone interview with CNA #2 on 4/30/25 at 2:00 PM, she confirmed that on the afternoon of 4/24/25, she was returning from filling the ice cart and saw Resident #16 on top of Resident #56 with his hand under her pants, fondling her forcefully. She stated that she witnessed Resident #56 lying on her back with her hands shaking and held over her head and face, while Resident #16 held her down forcefully with his left arm. CNA #2 yelled for help, and three other CNAs came. They physically removed Resident #16, who was aggressive, agitated, and combative, hitting and kicking at staff. She stated he hit her, CNA #3, in the face with his fist. After much effort, the staff removed him from Resident #56's bed and returned him to his room for supervision. She described him as violent and said he has always made sexual statements and grabbed staff.
In a telephone interview with LPN #2 on 4/30/25 around 2:30 PM, she stated she was called to Resident #56's room on the afternoon of 4/24/25 and witnessed Resident #16 on top of Resident #56. Both were clothed, and she did not see his hand in her brief. She confirmed Resident #16 had a history of inappropriate sexual verbalizations, but she had not seen him touch other residents. She verified she notified the Administrator.
In a telephone interview with the Psychiatric Nurse Practitioner (NP) on 5/1/25 at 10:15 AM, she stated that the staff keep her updated on Resident #16's behaviors and notify her if he has any increases. She verified that Resident #16 had inappropriate sexual behaviors and had an increase of these behaviors in November of last year and at that time his Depakote was increased on 11/4/25.
During a further record review of the medical record for Resident#16 the notes below were revealed:
Record review of Nursing Note for Resident #16 dated 11/5/24 revealed elder has inappropriate behaviors of groping at staff .sexually inappropriate behaviors, regularly touch his genitalia in public .
Record review of Psychiatric Progress Note and Case Conceptualization note for Resident #16 dated 11/7/24 completed by Nurse Practitioner, revealed a diagnosis of Dementia. Review of the Case Conceptualization note revealed His Depakote was recently increased due to increase in inappropriate behaviors
Record review of Psychiatric Progress Noted for Resident #16 dated 1/9/25 completed by Nurse Practitioner, revealed Staff reports that patient continues to exhibit inappropriate sexual behaviors .
Record review of Social Work note, for Resident #16 dated 2/3/25 revealed Elder made eye contact with the Social Worker and made sexual statements during the interview .According to staff, the resident makes inappropriate sexual comments to staff routinely .
Record review of Progress Notes, for Resident #16 dated 2/12/25, and signed by the PTA revealed Pt (patient) stated, 'I'll go for a walk with you if you give me some sugar' Then patient attempted to use his foot to inappropriately touch Licensed Physical Therapy Assistant (LPTA) where he stated give me some p**** .
Record review of Progress Notes, for Resident #16 dated 2/17/25, and signed by the Physical Therapy Assistant (PTA) revealed Attempted Physical Therapy Treatment where patient was very inappropriate where he kept attempting to inappropriately touch Licensed Physical Therapy Assistant (LPTA) .patient kept attempting to inappropriately touch LPTA while saying very inappropriate stuff. LPTA discontinued treatment. Nursing staff notified.
Record review of Nurses Notes, for Resident #16 dated 2/20/25 revealed .elder stuck his foot between CNA's legs in a sexual manner .
Record review of the Nursing Note for Resident #16, dated 4/25/25, revealed that the elder ambulated off the unit with staff times two for transfer to [Proper Name of Facility].
Record review of the Minimum Data Set (MDS) with an Assessment Reference Date (ARD) of 2/3/25 for Resident #16 revealed a Brief Interview for Mental Status Score (BIMS) score of 3 indicating severe cognitive impairment.
Record review of Psychiatric Progress Note for Resident #16 revealed a diagnosis of Dementia and he was admitted to the facility on [DATE].
Record review of the MDS with an ARD of 2/13/25 for Resident #56 revealed a BIMS score of 7 indicating severe cognitive impairment.
Record review of the demographic page for Resident #56 revealed that the facility admitted her on 4/15/21 with diagnosis to include Alzheimer's Disease.
Review of the removal plan revealed that the facility took the following actions:
Immediate Action started on 4/24/2025 at approximately 2:53 PM:
1. On 04/24/2025 at 2:53 PM, Certified Nursing Assistant (CNA) 1 saw Resident #16 on top of Resident #56. CNA 1 yelled for help. Licensed Practical Nurse (LPN) 1 and CNA 1, CNA 2, and CNA 3 entered the room and removed Resident #16 and took him back to his room where supervision was provided by CNA 2.
2. On 04/24/2025 at 3:05 PM, Licensed Master Social Worker (LMSW) and Nursing Home Administrator (NHA) notified by LPN of the incident.
3. On 4/24/2025 at 3:06 PM, a CNA was stationed outside the door of Resident #16 until transportation arrived to take him to an inpatient geropsychiatric unit.
4. On 4/24/2025 at 3:50 PM, LMSW went to evaluate Resident #16 for mood or behavior changes, and none were noted.
5. On 04/24/2025 at 4:13 PM, Staff Development Specialist (SDS) performed a full body audit on Resident # 56. The findings included red purple bruising with yellow edges noted to left outer eyebrow, scratches, skin discoloration and slight edema noted to exterior labia overall paleness maroon/purple bruising noted to left thigh approximate size of a quarter scratches noted to left thigh and bilateral outer labia with bruising and redness noted to both areas.
6. On 04/24/2025 at 4:21 PM, Nursing Home Medical Staff Director (NHMSD) notified by phone by RN 1 of findings from body audit. No orders received.
7. On 04/24/2025 at 4:28 PM, NHA notified the Ombudsman of the incident.
8. On 04/24/2025 at 5:49 PM, the LMSW notified Resident #56's Responsible Party (RP) of the incident.
9. On 04/24/2025 at 5:54 PM, NHA and Risk Manager (RM) notified the Director of Risk Management (DRM) of the event. to discuss the event and necessary actions steps needed to be implemented immediately to prevent any further harm. The recommended actions included continuing to seek inpatient geropsychiatric unit placement for Resident # 16 and continuing supervision.
10. On 04/24/2025 at 6:00 PM, RP of Resident # 16 was notified by LMSW regarding the incident and an order for inpatient geriatric psych placement.
11. On 04/24/2025 at 7:00 PM, LMSW verified that a CNA was placed outside Resident #16's room.
12. On 4/25/2025 at 11:23 AM, NHA notified the Mississippi State Department of Health (MSDH) of the incident by telephone.
13. On 04/25/2025 at 12:19 PM a follow-up weekly body audit completed on Resident # 56. No additional injuries identified.
14. On 04/25/2025 at 1:32 PM, Primary physician notified of Resident # 16 acceptance at behavioral health facility.
15. On 04/25/2025 at 3:46 PM, NHA notified the Attorney General's Office of the incident.
16. On 04/25/2025 at 3:53 PM, NHA sent an email reporting the incident to the MSDH via email to facilityreportedincidents@msdh.ms.gov.
17. On 04/25/2025 at 4:16 PM, Resident # 16 was transferred to a behavioral health facility.
18. On 04/30/2025 at 8:30 AM, NHA notified local law enforcement of the incident.
19. On 04/30/2025 at 3:30 PM, local law enforcement on-site.
20. On 04/30/2025 at 4:48 PM, Incident report received from local law enforcement.
21. On 4/30/2025 at 5:00 PM, the Director of Risk Management in-serviced the NHA and the Interim Director of Nursing (IDON) on timely reporting of suspected abuse.
22. On 4/30/2025 at 6:00 PM, the Interim Director of Nursing and SDS initiated Abuse training to include types of abuse, prevention and employee responsibilities for reporting suspected abuse for all 129 employees. No staff will be allowed to work until in serviced.
23. On 4/30/2025 at 6:00 PM, the IDON and SDS initiated an in-service for all Nursing Staff on implementing and developing Comprehensive Care Plans to include interventions that address inappropriate sexual behaviors. No staff will be allowed to work until in serviced.
24. No staff, including the Director of Nursing, will be allowed to work until in serviced.
25. On 4/30/2025 at 7:30 PM, an Ad hoc Quality Assurance (QA) meeting was held to review the immediate jeopardy related to F 600 Free from Abuse and Neglect, F 609 Reporting of Alleged Violations, and F 656 Develop/Implement Comprehensive Care Plan and conducted a Root Cause Analysis (RCA) and review policy and procedures for changes.
Attendees were the NHA, NHMSD, interim-Director of Nursing (DON), Infection Control Nurse Manager (ICNM), and RM.
26. On 5/1/2025 at 3:29 PM, a Follow-up Ad hoc Quality Assurance (QA) meeting was held to review the immediate jeopardy related to F 600 Free from Abuse and Neglect, F 609 Reporting of Alleged Violations, and F 656 Develop/Implement Comprehensive Care Plan and conducted a Root Cause Analysis (RCA) and review policy and procedures for changes. Attendees were the NHA, NHMSD, DON, ICNM, RM, Human Resources Manager (HRM), and RN 1.
27. On 5/1/2025 at 5:30 PM, the Minimum Data Set Nurse (MDSN) completed a 100% care plan audit for behaviors for all 95 residents to include residents at risk for sexual behaviors. Findings of the audit revealed that no other residents had inappropriate sexual behaviors.
Facility alleged Immediate Jeopardy was removed as of 5/2/25.
Validation:
The State Agency (SA) validation of the Removal Plan was made during an on-site survey through record review and interviews on 5/5/25. The SA determined all corrective actions were completed on 5/1/25 by the facility and the IJ was removed on 5/2/25.
CRITICAL
(J)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Immediate Jeopardy (IJ) - the most serious Medicare violation
Report Alleged Abuse
(Tag F0609)
Someone could have died · This affected 1 resident
Based on record review, staff interviews, and facility policy review, the facility failed to report alleged violations of sexual abuse that occurred within the two (2) hour timeframe to the proper aut...
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Based on record review, staff interviews, and facility policy review, the facility failed to report alleged violations of sexual abuse that occurred within the two (2) hour timeframe to the proper authorities for one (1) of one (1) allegations of sexual abuse. Resident # 56
On 4/24/25 at approximately 3:00 PM, Resident #56 was found by a Certified Nursing Assistant (CNA) with Resident #16 in the bed and on top of her, with his hand inside her incontinence brief, performing jabbing motions. Resident #16 became violent with the staff when they tried to remove him from Resident #16's room where he hit a staff member with his fist.
The facility's failure to report sexual abuse of Resident #56 to the proper authorities within prescribed timeframes placed Resident #56 and other residents at risk for sexual assault, in a situation that caused and was likely to cause serious injury, serious harm, serious impairment, or death.
The SA identified Immediate Jeopardy (IJ) and Substandard Quality of Care (SQC) which began on 4/24/25 when Resident #16 was found in the bed and on top of Resident #56, with his hand inside her incontinence brief, performing jabbing motions.
The SA notified the facility's Administrator of the IJ and SQC on 4/30/25 at 1:20 PM and provided the Administrator with the IJ templates.
The facility submitted an acceptable Removal Plan on 5/02/25, in which they alleged all corrective actions to remove the IJ and SQC were completed on 5/1/25, and the IJ removed on 5/2/25.
The SA validated the Removal Plan on 5/5/25 and determined the IJ and SQC was removed on 5/2/25, prior to exit. Therefore, the scope and severity for 42 CFR: 483.12 (c)(1)-Reporting of alleged violations (F609)-Scope and Severity J, was lowered from a scope and severity of J to a D while the facility develops a plan of correction to monitor the effectiveness of the systemic changes to ensure the facility sustains compliance with regulatory requirements.
Cross Reference F600, F656
Findings Include:
Record review of the facility policy Abuse and or Suspected Crimes Reporting Under the Elder Justice Act, last reviewed 3/24 revealed Elder Justice Act-refers to Section 1150B of the Social Security Act, as established by section 6703(b)(3) of the Patient Protection and Affordable Care Act of 2010. Section 1150B of the Act requires certain individuals in a federally funded long-term care facility to timely report any reasonable suspicion of a crime committed against a resident of that facility. Those reports must be submitted to at least one law enforcement agency of jurisdiction and the State Survey Agency . Procedure: 1. If the reportable event involves serious bodily injury to a resident receiving care in this facility, the staff member shall report the suspicion immediately, but not later than two (2) hours after forming the suspicion .
Record review of the facility investigation revealed that on 4/24/25 at approximately 3:00 PM, a Certified Nursing Assistant (CNA) was walking down the hall and saw Resident #16 on top of Resident #56 in an inappropriate manner. Both residents were clothed. The CNA called for assistance from other staff to remove Resident #16 from Resident #56's bed. Upon assessment by the Registered Nurse (RN), Resident #56 was noted to have scratches on her upper legs and scratches and bruising on her labia. The CNA reported that Resident #16's hand was down inside Resident #56's diaper, and he was making a jabbing motion with his hand.
Record review of the Default Flowsheet Data for Resident #56 under Genitourinary on 4/24/25 at 4:13 PM documented scratches, skin discoloration, and slight edema noted to the labia; maroon/purple and pale overall paleness; maroon/purple bruising noted to the left thigh; maroon/purple bruising with yellow outer edges noted to the left lateral eyebrow; and scratches noted to the left thigh and bilateral outer labia with bruising and redness to both areas.
Record review of the Nursing Note for Resident #56, dated 4/29/25, written by Licensed Practical Nurse (LPN) #2 revealed a late entry for 4/24/25 that stated, This nurse alerted by CNA to come to elder's room. When this nurse entered room, observed a male elder on top of this female elder, both were fully clothed, male elder refuses to get off of female elder and required 2 (two) more CNA to assist, male elder becomes violent and punches one of the CNAs in the nose, male elder removed from this elder's room and taken back to his room with supervision. [Proper Name of Administrator] aware . Social Worker (SW) aware and she talked to family, and [Proper Name of Physicians] aware per this nurse .
Record review of the Nursing Note for Resident #16, dated 4/24/25, documented that a CNA doing a visual check observed the elder in a female elder's room on top of her. The clothes were intact. When attempts were made to remove this elder, he became violent and punched a CNA in the nose. He was returned to his room, and supervision was provided at his doorway to maintain the female resident's safety.
In an interview with the Administrator on 5/2/25 at 12:50 PM he confirmed that he did not identify this as sexual abuse at first and therefore did not report the incident to the State Department within two (2) hours. He revealed that he thought he had 24 hours to report it, so he called the report in the next day on 4/25/25. He further stated that he did not report the incident to the local police department because he did not see it as a crime.
Review of the removal plan revealed that the facility took the following actions:
Immediate Action started on 4/24/2025 at approximately 2:53 PM:
1. On 04/24/2025 at 2:53 PM, Certified Nursing Assistant (CNA) 1 saw Resident #16 on top of Resident #56. CNA 1 yelled for help. Licensed Practical Nurse (LPN) 1 and CNA 1, CNA 2, and CNA 3 entered the room and removed Resident #16 and took him back to his room where supervision was provided by CNA 2.
2. On 04/24/2025 at 3:05 PM, Licensed Master Social Worker (LMSW) and Nursing Home Administrator (NHA) notified by LPN of the incident.
3. On 4/24/2025 at 3:06 PM, a CNA was stationed outside the door of Resident #16 until transportation arrived to take him to an inpatient geropsychiatric unit.
4. On 4/24/2025 at 3:50 PM, LMSW went to evaluate Resident #16 for mood or behavior changes, and none were noted.
5. On 04/24/2025 at 4:13 PM, Staff Development Specialist (SDS) performed a full body audit on Resident # 56. The findings were red purple bruising with yellow edges noted to left outer eyebrow, scratches, skin discoloration and slight edema noted to exterior labia overall paleness maroon/purple bruising noted to left thigh approximate size of quarter scratches noted to left thigh and bilateral outer labia with bruising and redness noted to both areas.
6. On 04/24/2025 at 4:21 PM, Nursing Home Medical Staff Director (NHMSD) notified by phone by RN 1 of findings from body audit. No orders received.
7. On 04/24/2025 at 4:28 PM, NHA notified the Ombudsman of the incident.
8. On 04/24/2025 at 5:49 PM, the LMSW notified the Responsible Party (RP) of the incident.
9. On 04/24/2025 at 5:54 PM, NHA and Risk Manager (RM) notified the Director of Risk Management (DRM) of the event. to discuss the event and necessary actions steps needed to be implemented immediately to prevent any further harm. The recommended actions included continuing to seek inpatient geropsychiatric unit placement for Resident # 16 and continuing supervision.
10. On 04/24/2025 at 6:00 PM, RP of Resident # 16 was notified by LMSW regarding the incident and an order for inpatient geriatric psych placement.
11. On 04/24/2025 at 7:00 PM, LMSW verified that a CNA was placed outside Resident #16 ' s room.
12. On 4/25/2025 at 11:23 AM, NHA notified the Mississippi State Department of Health (MSDH) of the incident by telephone.
13. On 04/25/2025 at 12:19 PM a follow-up weekly body audit completed on Resident # 56. No additional injuries identified.
14. On 04/25/2025 at 1:32 PM, Primary physician notified of Resident # 16 acceptance at behavioral health facility.
15. On 04/25/2025 at 3:46 PM, NHA notified the Attorney General's Office of the incident.
16. On 04/25/2025 at 3:53 PM, NHA sent an email reporting the incident to the MSDH via email to facilityreportedincidents@msdh.ms.gov.
17. On 04/25/2025 at 4:16 PM, Resident # 16 was transferred to a behavioral health facility.
18. On 04/30/2025 at 8:30 AM, NHA notified local law enforcement of the incident.
19. On 04/30/2025 at 3:30 PM, local law enforcement on-site.
20. On 04/30/2025 at 4:48 PM, Incident report received from local law enforcement.
21. On 4/30/2025 at 5:00 PM, the Director of Risk Management in-serviced the NHA and the Interim Director of Nursing (IDON) on timely reporting of suspected abuse.
22. On 4/30/2025 at 6:00 PM, the Interim Director of Nursing and SDS initiated Abuse training to include types of abuse, prevention and employee responsibilities for reporting suspected abuse for all 129 employees. No staff will be allowed to work until in serviced.
23. On 4/30/2025 at 6:00 PM, the IDON and SDS initiated an in-service for all Nursing Staff on implementing and developing Comprehensive Care Plans to include interventions that address inappropriate sexual behaviors. No staff will be allowed to work until in serviced.
24. No staff, including the Director of Nursing, will be allowed to work until they are in-serviced.
25. On 4/30/2025 at 7:30 PM, an Ad hoc Quality Assurance (QA) meeting was held to review the immediate jeopardy related to F 600 Free from Abuse and Neglect, F 609 Reporting of Alleged Violations, and F 656 Develop/Implement Comprehensive Care Plan and conducted a Root Cause Analysis (RCA) and review policy and procedures for changes. Attendees were the NHA, NHMSD, interim-Director of Nursing (DON), Infection Control Nurse Manager (ICNM), and RM.
26. On 5/1/2025 at 3:29 PM, a Follow-up Ad hoc Quality Assurance (QA) meeting was held to review the immediate jeopardy related to F 600 Free from Abuse and Neglect, F 609 Reporting of Alleged Violations, and F 656 Develop/Implement Comprehensive Care Plan and conducted a Root Cause Analysis (RCA) and review policy and procedures for changes. Attendees were the NHA, NHMSD, DON, ICNM, RM, Human Resources Manager (HRM), and RN 1.
27. On 5/1/2025 at 5:30 PM, the Minimum Data Set Nurse (MDSN) completed a 100% care plan audit for behaviors for all 95 residents to include residents at risk for sexual behaviors. Findings of the audit revealed that no other residents had inappropriate sexual behaviors.
Facility alleged Immediate Jeopardy was removed as of 5/2/25.
Validation:
The State Agency (SA) validation of the Removal Plan was made during an on-site review through record review and interviews on 5/5/25. The SA determined all corrective actions were completed on 5/1/25 and the IJ was removed on 5/2/25.
CRITICAL
(J)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Immediate Jeopardy (IJ) - the most serious Medicare violation
Comprehensive Care Plan
(Tag F0656)
Someone could have died · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Resident #40
Record review of Resident #40's Care Plan revealed that she had Diabetes Mellitus, and the description of care to b...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Resident #40
Record review of Resident #40's Care Plan revealed that she had Diabetes Mellitus, and the description of care to be received with a start date of 11/25/24 revealed, Diabetic nail care weekly per 7/3 RN.
On 4/29/25 at 11:13 AM an observation and interview Resident #40 revealed she liked her fingernails short. She stated she could not remember the last time they were trimmed. This observation confirmed that Resident #40's fingernails long past the tips of her fingers and jagged.
On 4/30/25 at 2:22 PM, during an observation and interview Registered Nurse (RN) #1 confirmed that Resident #40's nails looked like it had been a while since they were tended to. She confirmed they were long and jogged, and that the residents plan of care had not been followed. She further stated that the RN's were supposed to do nail care with their weekly body audits.
In an interview on 4/30/25 at 3:17 PM, Minimum Data Set (MDS) Nurse #1 confirmed that if Resident #40's nail care was not being done as it was supposed to have been, then it is safe to say that her care plan was not being followed. She revealed she is responsible for developing the residents' care plans and they are developed to identify and address each resident's needs so the staff will know how to care for each resident.
Review of the Resident #40's demographic page revealed the resident was admitted to the facility on [DATE] with medical diagnoses of Type 2 Diabetes Mellitus with Diabetic Nephropathy.
Record review of Resident #40's Section C of the Annual MDS dated [DATE] revealed the BIMS score was 12, indicating the resident has moderate cognitive impairment.
Resident #92
Record review of Resident #92's CNA Care Plan with a start date of 11/25/24 revealed, .nail care weekly .
Record review of Resident #92's Skin Care Plan with a start date of 11/25/24 revealed, Finger and toenail care with trimming weekly as needed per RN Supervisor.
On 4/29/25 at 11:31 AM an observation and interview revealed Resident #92's fingernails were long and dirty. The resident's nails appeared to be approximately ½ (one-half) inch long and had a brown substance under the nail beds. Resident #92 stated that he had asked them to cut and clean, and they always say they will get back to me.
On 4/30/25 at 11:15 AM, during an observation CNA #1 confirmed that Resident #92's fingernails were long and dirty. She confirmed that the CNA's are responsible for cleaning the residents' nails.
An observation and interview on 4/30/25 at 11:35 AM, LPN#1 confirmed that Resident #92's nail care, which is in his care plan, was not being followed, and it should have been. She confirmed that the resident's nails needed trimming and cleaning.
In an interview on 4/30/25 at 3:05 PM, MDS Nurse #1 revealed that Resident #92's care plan was not followed if his fingernails were long and unkempt.
Record review of the Resident #92's demographics revealed the resident was admitted to the facility on [DATE] with medical diagnoses including Metabolic Encephalopathy.
Record review of Resident #92's Section C of the Annual MDS dated [DATE] revealed the BIMS score was 11, indicating the resident has a moderate cognitive impairment.
Based on observation, resident and staff interviews, record review, and facility policy review, the facility failed to implement a comprehensive care plan for
1) for Resident #16 who was a known risk for sexual behaviors towards others, to prevent the resident from entering Resident #56's room and sexually assaulting her while she lay in her bed,
2) transfer assistance for a dependent resident (Resident #5), and
3) assistance with Activities of Daily Living (ADL) (Resident #40, #90, and #92) for five (5) of 22 resident care plans reviewed. Resident's # 5, #16, #40, #90 and #92.
This facility failed to implement the sexual behavior care plan for Resident #16 which led to Resident #56 being sexually assaulted in her room on 4/24/25 at approximately 3:00 PM, when a Certified Nursing Assistant (CNA) observed Resident #16 in the bed on top of Resident #56, with his hand inside her incontinence brief, performing jabbing motions.
The facility's failure to prevent the sexual abuse of Resident #56 placed Resident #56 and other residents at risk for sexual assault, in a situation that caused and was likely to cause serious injury, serious harm, serious impairment, or death.
This situation was determined to be an Immediate Jeopardy (IJ) which began on 11/05/24 when Resident #16 began to exhibit sexual behaviors towards staff and the facility did not implement interventions to prevent further sexual behaviors.
The SA notified the facility's Administrator of the IJ on 4/30/25 at 1:20 PM and provided the Administrator with the IJ templates.
The facility submitted an acceptable Removal Plan on 5/02/25, in which they alleged all corrective actions to remove the IJ were completed on 5/01/25, and the IJ removed on 5/02/25.
The SA validated the Removal Plan on 05/05/25 and determined the IJ was removed on 5/02/25, prior to exit. Therefore, the scope and severity for 42 CFR: 483.21(b) Comprehensive Care Plans - (F656) - Scope and Severity J was lowered from a scope and severity of J to a D while the facility develops a plan of correction to monitor the effectiveness of the systemic changes to ensure the facility sustains compliance with regulatory requirements.
Findings Include
Record review of facility policy titled, Care Plans with a revision date of 11/07/2023, revealed, An individualized Comprehensive Care Plan that includes measurable objectives and timetables to meet the resident's medical, nursing, mental, and psychological needs is developed for each resident.
Record review of facility policy titled, Purposes of a Nursing Care Plan dated, 03/14/2024, revealed, Following the resident's current individualized care plan is crucial and a legal duty as a clinical care team member. Following the resident's current care plan ensures we as a team are providing the best care for each resident.
Resident # 16
Cross Reference F600
Record review of the Encounter Problems (Active) for Resident #16 revealed Problem: Mood/Behaviors, with a start date of 11/4/24, Description: I exhibit sexually inappropriate behaviors . Review of intervention description revealed .Protect the rights and safety of others .Elder and others will not experience harm from agitated behaviors .
Record review of the facility investigation revealed that on 4/24/25 at approximately 3:00 PM, a Certified Nursing Assistant (CNA) was walking down the hall and saw Resident #16 on top of Resident #56 in an inappropriate manner. Both residents were clothed. The CNA called for assistance from other staff to remove Resident #16 from Resident #56's bed. Upon assessment by the Registered Nurse (RN), Resident #56 was noted to have scratches on her upper legs and scratches and bruising on her labia. The CNA reported that Resident #16's hand was down inside Resident #56's diaper, and he was making a jabbing motion with his hand.
During an interview with the Care Plan Nurse on 5/01/25 at 8:55 AM she confirmed that staff did not follow the care plan related to Resident #16's sexual behaviors and therefore did not protect the safety of others. She revealed the purpose of the comprehensive care plan is to identify any specific resident needs and direct staff of resident specific care needed.
Review of the removal plan revealed that the facility took the following actions:
Immediate Action started on 4/24/2025 at approximately 2:53 PM:
1. On 04/24/2025 at 2:53 PM, Certified Nursing Assistant (CNA) 1 saw Resident #16 on top of Resident #56. CNA 1 yelled for help. Licensed Practical Nurse (LPN) 1 and CNA 1, CNA 2, and CNA 3 entered the room and removed Resident #16 and took him back to his room where supervision was provided by CNA 2.
2. On 04/24/2025 at 3:05 PM, Licensed Master Social Worker (LMSW) and Nursing Home Administrator (NHA) notified by LPN of the incident.
3. On 4/24/2025 at 3:06 PM, a CNA was stationed outside the door of Resident #16 until transportation arrived to take him to an inpatient geropsychiatric unit.
4. On 4/24/2025 at 3:50 PM, LMSW went to evaluate Resident #16 for mood or behavior changes, and none were noted.
5. On 04/24/2025 at 4:13 PM, Staff Development Specialist (SDS) performed a full body audit on Resident # 56. The findings were red purple bruising with yellow edges noted to left outer eyebrow, scratches, skin discoloration and slight edema noted to exterior labia overall paleness maroon/purple bruising noted to left thigh approximate size of a quarter scratches noted to left thigh and bilateral outer labia with bruising and redness noted to both areas.
6. On 04/24/2024 at 4:21 PM, Nursing Home Medical Staff Director (NHMSD) notified by phone by RN 1 of findings from body audit. No orders received.
7. On 04/24/2025 at 4:28 PM, NHA notified the Ombudsman of the incident.
8. On 04/24/2025 at 5:49 PM, the LMSW notified Resident #56's Responsible Party (RP) of the incident.
9. On 04/24/2025 at 5:54 PM, NHA and Risk Manager (RM) notified the Director of Risk Management (DRM) of the event. to discuss the event and necessary actions steps needed to be implemented immediately to prevent any further harm. The recommended actions included continuing to seek inpatient geropsychiatric unit placement for Resident # 16 and continuing supervision.
10. On 04/24/2025 at 6:00 PM, RP of Resident # 16 was notified by LMSW regarding the incident and an order for inpatient geriatric psych placement.
11. On 04/24/2025 at 7:00 PM, LMSW verified that a CNA was placed outside Resident #16's room.
12. On 4/25/2025 at 11:23 AM, NHA notified the Mississippi State Department of Health (MSDH) of the incident by telephone.
13. On 04/25/2025 at 12:19 PM a follow-up weekly body audit completed on Resident # 56. No additional injuries identified.
14. On 04/25/2025 at 1:32 PM, Primary physician notified of Resident # 16 acceptance at behavioral health facility.
15. On 04/25/2025 at 3:46 PM, NHA notified the Attorney General's Office of the incident.
16. On 04/25/2025 at 3:53 PM, NHA sent an email reporting the incident to the MSDH via email to facilityreportedincidents@msdh.ms.gov.
17. On 04/25/2025 at 4:16 PM, Resident # 16 was transferred to a behavioral health facility.
18. On 04/30/2025 at 8:30 AM, NHA notified local law enforcement of the incident.
19. On 04/30/2025 at 3:30 PM, local law enforcement on-site.
20. On 04/30/2025 at 4:48 PM, Incident report received from local law enforcement.
21. On 4/30/2025 at 5:00 PM, the Director of Risk Management in-serviced the NHA and the Interim Director of Nursing (IDON) on timely reporting of suspected abuse.
22. On 4/30/2025 at 6:00 PM, the Interim Director of Nursing and SDS initiated Abuse training to include types of abuse, prevention and employee responsibilities for reporting suspected abuse for all 129 employees. No staff will be allowed to work until in serviced.
23. On 4/30/2025 at 6:00 PM, the IDON and SDS initiated an in-service for all Nursing Staff on implementing and developing Comprehensive Care Plans to include interventions that address inappropriate sexual behaviors. No staff will be allowed to work until in serviced.
24. No staff, including the Director of Nursing, will be allowed to work until they are in-serviced.
25. On 4/30/2025 at 7:30 PM, an Ad hoc Quality Assurance (QA) meeting was held to review the immediate jeopardy related to F 600 Free from Abuse and Neglect, F 609 Reporting of Alleged Violations, and F 656 Develop/Implement Comprehensive Care Plan and conducted a Root Cause Analysis (RCA) and review policy and procedures for changes. Attendees were the NHA, NHMSD, interim-Director of Nursing (DON), Infection Control Nurse Manager (ICNM), and RM.
26. On 5/1/2025 at 3:29 PM, a Follow-up Ad hoc Quality Assurance (QA) meeting was held to review the immediate jeopardy related to F 600 Free from Abuse and Neglect, F 609 Reporting of Alleged Violations, and F 656 Develop/Implement Comprehensive Care Plan and conducted a Root Cause Analysis (RCA) and review policy and procedures for changes. Attendees were the NHA, NHMSD, DON, ICNM, RM, Human Resources Manager (HRM), and RN 1.
27. On 5/1/2025 at 5:30 PM, the Minimum Data Set Nurse (MDSN) completed a 100% care plan audit for behaviors for all 95 residents to include residents at risk for sexual behaviors. Findings of the audit revealed that no other residents had inappropriate sexual behaviors.
Facility alleges Immediate Jeopardy was removed as of 5/2/25.
Validation:
The State Agency (SA) validation of the Removal Plan was made on-site during the survey through record review and interviews on 5/5/25. The SA determined all corrective actions were completed on 5/2/25 and the IJ was removed on 5/2/24.
Resident #5
Record review of facility investigation revealed that on 1/27/25 at approximately 1:35 PM Resident #5 was being assisted from her bed to the wheelchair by two (2) Certified Nursing Assistants (CNA), her legs got weak, and the CNAs assisted her to the floor. She was assisted from the floor without difficulty and the Registered Nurse (RN) assessment revealed no injuries. On 1/28/25 at approximately 4:00 PM, Resident #5 complained of pain to her right leg, the physician was notified, and orders were obtained for a radiographic study. The resident was noted to have bruising and edema to her right leg. Her Responsible Party was notified of the findings, and the resident was transferred to the hospital. Evaluation at the hospital revealed that she had a right tibial plateau fracture.
Record review of the Encounter Problems (Active) for Resident #5 revealed Problem: Activities of Daily Living (ADLs) (Certified Nursing Assistant Care Plan) revealed I need assistance with my ADLs because of impaired vision, frequent bladder and bowel incontinence, generalized weakness, falls with right hip fracture . Under intervention description Transfers: Extensive assistance two (2) care partners (using rolling walker).
On 4/30/25 at 9:00 AM, in an interview with CNA #5 she stated that she and CNA #4 were assigned to take care of Resident #5 on 1/27/25. She stated that CNA #4 instructed her that they were going to transfer Resident #5 to the wheelchair because she was supposed to transfer to another room. She stated that she had never transferred Resident #5 before, and CNA #4 instructed her to get beside the resident and stand her up by placing her arm under the resident's arm and lifting. She stated that she questioned CNA#4 on the technique because she had never transferred a resident in this way and did not think it was correct, but that CNA #4 instructed her that that was the way to transfer this resident. She stated they stood the resident, but she was not able to bear weight and CNA #4 told her to lower the resident to the floor. She stated as they were lowering the resident her right leg went up underneath her. She stated that she does not recall exactly how the resident was positioned or if the resident complained because she left the room when the resident was put back in the chair because she was upset that the resident had to be lowered to the ground, because she did not feel she had a good hold on the resident during the transfer due to her position beside the resident. She verified that they did not use a rolling walker. She stated that she had not checked the care plan to determine how the resident transferred because CNA #4 had transferred her before.
On 5/2/25 at 12:00 PM, during a telephone interview with CNA #4, she stated that on 1/27/25 she and CNA #5 went in to assist Resident #5 to the wheelchair to transport her to another room. She stated that she told CNA #5 to get on one side, and she would get on the other and assist the resident to the wheelchair. She stated during the transfer Resident #5 was unable to bear weight on her legs and they had to lower her to the floor. She stated that she did not notice Resident #5's leg going under her while they were lowering her to the floor. She stated that she called the nurse who came in to check the resident. CNA #4 stated that she always transferred Resident #5 this way and had no problems. She stated she felt like CNA #5 did not have a good hold on the resident during the transfer. CNA #4 admitted that she did not use a walker when transferring the resident, stating that she had never used a walker when transferring the resident. CNA #4 further stated that she did not check the residents care plan to see how she was supposed to transfer but agreed that had she used the walker it is likely that the resident could have used it to help bear weight and would not have had to be lowered to the ground.
During an interview with the Care Plan Nurse on 5/01/25 at 8:53 AM, she revealed the purpose of the comprehensive care plan is to identify any specific resident needs and direct staff of resident specific care needed. She also verified that the CNAs are to check the resident ADL Care plans weekly & sign that they have checked them. She revealed after reviewing the ADL care plan for Resident #5 staff did not follow the care plan related to transfers if staff did not use a walker as specified during the resident's transfer.
Record review of the demographic page for Resident # 5 revealed the facility admitted her on 6/14/24.
Resident #90
Record review of CNA Care Plan with start date 11/6/24 revealed, .nail care weekly .
An observation on 4/29/25 at 11:08 AM revealed Resident #90's fingernails were long and jagged with a brown substance under the nail beds.
On 4/30/25 at 11:41 AM during an observation and interview with Licensed Practical Nurse (LPN) #3, she confirmed that Resident #90's fingernails were long with a brown substance underneath and needed cleaning and clipping.
During an interview on 5/5/25 at 10:00 AM with the Care Plan Nurse, she confirmed Resident #90's care plan was not followed. She revealed that failure to follow the care plan could result in the residents' nails remaining unclean.
Record review of Demographics revealed the facility admitted Resident #90 on 2/15/24 with primary diagnosis of Alzheimer's Dementia.
Record review of Resident #90's MDS with an ARD of 2/5/25 revealed a BIMS score of 7, which indicated the resident had moderate cognitive impairment.
SERIOUS
(G)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Actual Harm - a resident was hurt due to facility failures
Accident Prevention
(Tag F0689)
A resident was harmed · This affected 1 resident
Based on staff interview, record review, and facility policy review the facility failed to ensure a resident was free from accident hazards when the facility failed to ensure staff transferred the res...
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Based on staff interview, record review, and facility policy review the facility failed to ensure a resident was free from accident hazards when the facility failed to ensure staff transferred the resident with the proper assistive devices for one (1) of three (3) residents reviewed for accidents. Resident #5.
Findings Include:
Record review of the facility policy Falls Management revealed It is the goal of [Proper Name of Facility] to assure that our residents remain free of accident hazards as possible and that each resident receives adequate supervision and assistive devices as needed to prevent accidents.
Record review of the facility investigation revealed that on 1/27/25 at approximately 1:35 PM Resident #5 was being assisted from her bed to the wheelchair by two (2) Certified Nursing Assistants (CNA), her legs got weak, and the CNAs assisted her to the floor. She was assisted from the floor without difficulty and the Registered Nurse (RN) assessment revealed no injuries. On 1/28/25 at approximately 4:00 PM, Resident #5 complained of pain to her right leg, the physician was notified, and orders were obtained for a radiographic study. The resident was noted to have bruising and edema to her right leg. Her Responsible Party was notified of the findings, and the resident was transferred to the hospital. Evaluation at the hospital revealed that she had a right tibial plateau fracture.
Record review of the Resident #5's History and Physical, dated 1/28/25 for Resident #5 revealed the patient arrived to the hospital after a fall at her nursing home a couple of days ago. She states that she twisted he right knee under her when she fell and had pain. It has continued to swell and have ecchymosis. She finally presented for evaluation today and was found to have a right tibial plateau fracture. She is being admitted for orthopedic evaluation and surgical consideration .
Record review of a Nursing Note dated 1/29/25 10:01 AM revealed a late entry for 1/27/25 at 1:35 PM indicating that Resident was lowered to the floor during a transfer when her knees became weak. No injuries were noted, and the resident had no complaints. There was no indication that the Residents responsible party was notified of the incident.
Record review of the Encounter Problems (Active) for Resident #5 revealed Problem: Activities of Daily Living (ADLs) (Certified Nursing Assistant Care Plan) revealed I need assistance with my ADLs because of impaired vision, frequent bladder and bowel incontinence, generalized weakness, falls with right hip fracture . Under intervention description Transfers: Extensive assistance two (2) care partners (using rolling walker).
In an interview with CNA #5 on 4/30/25 at 9:00 AM, she stated that she and CNA #4 were assigned to take care of Resident #5 on 1/27/25. She stated that CNA #4 instructed her that they were going to transfer Resident #5 to the wheelchair because she was supposed to transfer to another room. She stated that she had never transferred Resident #5 before, and CNA #4 instructed her to get beside the resident and stand her up by placing her arm under the resident's arm and lifting. She stated that she questioned CNA#4 on the technique because she had never transferred a resident in this way and did not think it was correct, but that CNA #4 instructed her that that was the way to transfer this resident. She stated they stood the resident, but she was not able to bear weight and CNA #4 told her to lower the resident to the floor. She stated as they were lowering the resident her right leg went up underneath her. She stated that she does not recall exactly how the resident was positioned or if the resident complained because she left the room when the resident was put back in the chair because she was upset that the resident had to be lowered to the ground, because she did not feel she had a good hold on the resident during the transfer due to her position beside the resident. She verified that they did not use a rolling walker. She stated that she had not checked the care plan to determine how the resident transferred because CNA #4 had transferred her before.
Telephone interview with CNA #4 on 5/2/25 at 12:00 PM, she stated that on 1/27/25 she and CNA #5 went in to assist Resident #5 to the wheelchair to transport her to another room. She stated that she told CNA #5 to get on one side, and she would get on the other and assist the resident to the wheelchair. She stated during the transfer Resident #5 was unable to bear weight on her legs and they had to lower her to the floor. She stated that she did not notice Resident #5's leg going under her while they were lowering her to the floor. She stated that she called the nurse who came in to check the resident. CNA #4 stated that she always transferred Resident #5 this way and had no problems. She stated she felt like CNA #5 did not have a good hold on the resident during the transfer. CNA #4 admitted that she did not use a walker when transferring the resident, stating that she had never used a walker when transferring the resident. CNA #4 further stated that she did not check the residents care plan to see how she was supposed to transfer but agreed that had she used the walker it is likely that the resident could have used it to help bear weight and would not have had to be lowered to the ground.
Interview with the Administrator (ADM) on 5/1/25 at 8:15 AM, he stated that he was not the ADM when the incident occurred with Resident #5, but that he had since spoken to the resident's Resident Representative (RR). He further stated that he explained to the RR that the cause of the fracture was not due to the RN not notifying him, but that it was caused by the CNAs not transferring the resident correctly.
Record review of Resident #5's Demographic Page revealed the facility admitted the resident on 6/14/24.
CONCERN
(D)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Notification of Changes
(Tag F0580)
Could have caused harm · This affected 1 resident
Based on staff interview, record review and facility policy review, the facility failed to notify a Resident Representative (RR) following an accident for one (1) of three (3) residents reviewed for n...
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Based on staff interview, record review and facility policy review, the facility failed to notify a Resident Representative (RR) following an accident for one (1) of three (3) residents reviewed for notifications of change. Resident #5.
Cross Reference F689, F656
Findings Included:
Record review of the facility policy titled Notification of Changes revealed, Policy: i. To immediately notify the resident, consult with the resident's physician, and if known, notify the resident's legal representative or interested family member when: a. An accident involving the resident which results in injury or has the potential for requiring physician intervention .
Record review of the facility investigation revealed that on 1/27/25 at approximately 1:35 PM Resident #5 was being assisted from her bed to the wheelchair by two Certified Nursing Assistants (CNA), her legs got weak, and the CNAs assisted her to the floor. She was assisted from the floor without difficulty and the Registered Nurse (RN) assessment revealed no injuries. On 1/28/25 at approximately 4:00 PM, Resident #5 complained of pain to her right leg, the physician was notified, and orders were obtained for a radiographic study. The resident was noted to have bruising and edema to her right leg. Her RR was notified of the findings, and the resident was transferred to the hospital. Evaluation at the hospital revealed that she had a right tibial plateau fracture.
Record review of the X-ray of the right tibia fibula dated 1/28/25 revealed Mildly displaced transverse fracture through the proximal tibial metadiaphysis and a minimally displaced fracture of the fibula head.
Record review of a Nursing Note dated 1/29/25 10:01 AM revealed a late entry for 1/27/25 at 1:35 PM indicating that Resident #5 was lowered to the floor during a transfer when her knees became weak, no injuries were noted, and the resident had no complaints. This review revealed no indication that the RR was notified of the incident.
An interview with the Administrator (ADM) on 5/1/25 at 8:15 AM revealed that he was not the ADM when the incident occurred with Resident #5 on 1/27/25. He admitted that he had since spoken to the RR regarding the fact that the RN did not notify them of the residents' fall. He confirmed that the RN did not notify the RR following the residents fall, but she should have.
Record review of the Resident #5's demographic page revealed the facility admitted the resident on 6/14/24.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0605
(Tag F0605)
Could have caused harm · This affected 1 resident
Based on staff interview, record review, and facility policy review, the facility failed to carry out a physician ordered gradual dose reduction (GDR) for one (1) of five (5) residents reviewed for me...
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Based on staff interview, record review, and facility policy review, the facility failed to carry out a physician ordered gradual dose reduction (GDR) for one (1) of five (5) residents reviewed for medication. Resident #64
Findings Include:
Review of the facility policy titled Resident's Rights and Privileges with no revision date revealed, 21. Freedom from Chemical and Physical Restraints: Residents in the proper name of the facility shall enjoy freedom from chemical or physical restraints .
Record review of the Consultant Pharmacist Recommendation dated September 3, 2024, revealed the physician ordered a decrease in Resident #64's Effexor (antidepressant) from 75 milligrams daily to 37.5 milligrams daily. Additionally, review of the Consultant Pharmacist Recommendation dated 3/21/25 revealed the physician ordered a decrease in Zyprexa (antipsychotic) 5 milligram to 2.5 milligrams at bedtime.
Record review of the 4/2025 Medication Administration Record for Resident #64 revealed the residents continued to receive Olanzapine (Zyprexa) 5 milligrams nightly and Venlafaxine (Effexor-XR) 75 milligrams daily with breakfast.
During an interview with the Interim Director of Nursing (DON) on 5/01/25 at 2:45 PM confirmed the physician ordered dose reductions for Resident #64 had never been implemented and further explained that this would have been the DON's responsibility. Additionally, she revealed the lack of not implementing these dose reductions caused Resident #64 to take more medication than was ordered to treat his depression. This could have resulted in mood changes and weight loss due to him sleeping more than usual.
During an interview with the Administrator on 5/01/25 at 2:52 PM, he stated that his expectations were for the physician ordered dose reductions to be implemented by the next day.
Record review of the demographics record revealed the facility admitted Resident #64 on 3/01/23 with medical diagnoses that included Unspecified Dementia and Major Depressive Disorder, recurrent, with Psychotic Symptoms.
Record review of Resident #64's Minimum Data Set (MDS) with an Assessment Reference Date (ARD) of 4/24/25 revealed under Section C 1000 revealed the resident was moderately cognitively impaired.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Assessment Accuracy
(Tag F0641)
Could have caused harm · This affected 1 resident
Based on observation, staff interview, and record review, the facility failed to accurately complete section P of the Minimum Data Set (MDS) for one (1) of 22 sampled residents. Resident #19
Findings ...
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Based on observation, staff interview, and record review, the facility failed to accurately complete section P of the Minimum Data Set (MDS) for one (1) of 22 sampled residents. Resident #19
Findings Include:
The facility provided a statement on letterhead that revealed, MDS (Minimum Data Set) at proper name of the facility follows the RAI (Resident Assessment Instrument) Guidelines.
Record review of the MDS with an Assessment Reference Date (ARD) of 4/03/25 revealed under section P, a bed rail was coded as a physical restraint that was used daily.
An observation on 4/29/25 at 11:27 AM revealed Resident #19 with no type of restraint in use.
Record review of Resident #19's Restraint Usage Evaluation dated 4/03/25 revealed under, Has any type of restraint been used in the past 7 days? No was indicated.
During an interview on 4/30/25 at 1:51 PM with the MDS Nurse #2, she revealed that the facility did not have any physical restraints in the building. She confirmed the bed rails were coded as a restraint for Resident #19 and indicated this was an error. She verbalized that she reviewed the assessments before submission, but she did not always review every section.
Record review of the demographic record revealed the facility admitted Resident #19 on 9/11/20 with a medical diagnosis that included Vascular Dementia.
Record review of the MDS with an ARD of 4/03/25 revealed under section C, a Brief Interview for Mental Status (BIMS) summary score of 4, which indicated Resident #19 was severely cognitively impaired.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
ADL Care
(Tag F0677)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, resident and staff interviews, record review, and facility policy review, the facility failed to provide c...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, resident and staff interviews, record review, and facility policy review, the facility failed to provide care to maintain personal hygiene for three (3) of 95 residents in the facility. Resident #40, #90, and #92.
Findings include:
Review of facility policy titled, Activities of Daily Living (ADL'S) last review date 4/3/18, revealed, Policy .to assist residents in achieving maximum function with Activities of Daily Living .will provide assistance to residents as necessary .
Resident #40
An observation and interview on 4/29/25 at 11:13 AM revealed Resident #40's fingernails to be approximately 3/4th (three-fourth) inch long and jagged past the tips of the fingers. Resident #40 stated she would like them to be shorter, and she wasn't sure the last time that her fingernails were trimmed.
An interview and observation on 4/30/25 at 11:25 AM, Certified Nurse Aide (CNA) #1 confirmed the resident's fingernails were long and revealed that the nurses are responsible for cutting the resident's fingernails.
During an interview and observation on 4/30/25 at 12:05 PM, Licensed Practical Nurse (LPN) #1 revealed the Registered Nurses (RN) are supposed to do the weekly fingernail care for each resident. She confirmed the resident's fingernails were long and jagged, and she wasn't sure when the last time they were cut.
During an interview on 4/30/25 at 2:22 PM, Registered Nurse (RN) #1 revealed nail care is supposed to be done by an RN weekly when they do the body audit. She confirmed the resident's nails were long and jagged and revealed it looked like it had been quite some time since her fingernails were tended to.
A record review of Resident #40's Orders revealed, Nail Care Routine, Weekly.
Record review of the resident demographics revealed Resident #40 was admitted to the facility on [DATE] with a medical diagnoses that included Type 2 Diabetes Mellitus with Diabetic Nephropathy.
Record review of Resident #40's Minimum Data Set (MDS) with an Assessment Reference Date (ARD) of 2/25/2025 revealed a Brief Interview for Mental Status (BIMS) score of 12, indicating the resident has moderate cognitive impairment.
Resident #92
An observation and interview on 4/29/25 at 11:31 AM revealed Resident #92's fingernails to be approximately ½ (one-half) inch long past the tips of his fingers, dirty in appearance, with a brown substance under the nail beds. Resident #92 stated, I've told them I need them cut, and they say I'll get back to you. He stated These fingernails are just too long. If I could get a hold of my son, I would have him bring me in some fingernail clippers, and I'll do it myself.
An observation on 4/30/25 at 8:40 AM revealed Resident #92's fingernails remain unchanged from the previous day.
An observation on 4/30/25 at 11:15 AM, CNA #1 revealed that she was assigned to Resident #92 and confirmed that his fingernails were long and dirty with a brown substance underneath. She revealed that we can clean underneath the resident's fingernails, but the CNAs cannot cut them. She stated, I think he will get his bed bath today, and we will clean his fingernails.
An observation and interview on 4/30/25 at 11:35 AM, LPN#1 confirmed that CNAs are responsible for cleaning the fingernails each time the resident gets bathed. She confirmed that Resident #92's fingernails were long, jagged, and dirty. She stated, Wow, these need to be cut. She confirmed it looked like it had been a while since his fingernails were cut and cleaned, revealing that he could scratch himself and cause a skin tear or infection with his nails being that long and jagged.
A record review of Resident #92's Orders revealed, Nail Procedure Routine, Weekly, Finger and toenail care weekly as needed per RN Supervisor.
Record review of the resident demographics revealed Resident #92 was admitted to the facility on [DATE] with a medical diagnosis of Metabolic encephalopathy.
Record review of Resident #92's MDS with an ARD of 2/20/2025 revealed a BIMS score of 11, indicating the resident has a moderate cognitive impairment.
Resident #90
During an observation on 4/29/25 at 11:08 AM, Resident #90 was found lying in bed with eyes closed. Notably, his fingernails were approximately 3/4 inch long, appeared dirty, and had jagged edges with a brown substance underneath.
During an observation and interview on 4/30/25 at 11:41 AM with LPN #3, she confirmed that Resident #90's fingernails were approximately 3/4 inch long with a brown substance underneath, jagged edges and needed cleaning and clipping. The LPN stated that CNAs are responsible for cleaning underneath the fingernails but cannot cut them per facility policy. She noted that the CNAs should have performed this cleaning during the residents' bath. The LPN emphasized that nurses are required to trim nails. She further mentioned that Resident #90 tends to dig, which makes it important for his nails to be kept clean and trimmed, as unkempt nails could lead to infection.
During an interview on 5/5/25 at 10:24 AM with the Interim Director of Nursing (DON), she confirmed that nail care should be performed during showers and as needed.
Record review of Demographics revealed the facility admitted Resident #90 on 2/15/24 with primary diagnosis of Alzheimer's Dementia.
Record review of Resident #90's MDS with an ARD of 2/5/25 revealed in Section C a BIMS score of 7, which indicated the resident had moderate cognitive impairment.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0761
(Tag F0761)
Could have caused harm · This affected 1 resident
Based on observation, staff interview, and facility policy review, the facility failed to ensure medications were stored appropriately for one (1) of 95 residents residing in the facility. Resident # ...
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Based on observation, staff interview, and facility policy review, the facility failed to ensure medications were stored appropriately for one (1) of 95 residents residing in the facility. Resident # 32
Findings Include:
Review of the facility policy titled Administration for Oral Medications unrevised, revealed under, Policy: It is the policy of proper name of the facility that all services provided or arranged by the facility must meet professional standards of quality.
Record review of the Nursing Department QA (Quality Assurance) for Med Pass revised 2/15/12 revealed, Ensure that resident has taken and swallowed medication.
An observation of Resident #32 on 4/29/25 at 11:40 AM revealed she was lying on her left side in bed with her eyes closed. A clear medication cup was observed sitting on the bedside table with seven (7) pills inside.
An observation and interview with Licensed Practical Nurse (LPN) #2 on 4/29/25 at 11:50 AM confirmed that Resident #32's medications were left at the bedside. She revealed that the medication was the resident's morning medication and explained that she had entered the resident's room earlier in the morning to administer them, but the resident was asleep. She revealed she should have taken the medications back with her to secure them, in order to prevent another resident from accessing them.
An interview with the Interim Director of Nursing (DON) on 4/29/25 at 12:16 PM confirmed that the nurse should have taken the Resident #32's medication with her when she left the room to ensure that no one else accessed it. She agreed that many things could happen when medications are left at a resident's bedside such as, another resident could take them, or a family member could come in and take them home.
Record review of Resident #32's Demographic Record revealed the facility admitted the resident on 2/10/17 with medical diagnoses that included Acute on Chronic Heart Failure.
Record review of the Quarterly Minimum Data Set (MDS) with an Assessment Reference Date (ARD) of 1/29/25 revealed under section C, a Brief interview for Mental Status (BIMS) summary score of 13, which indicated Resident #32 was cognitively intact.
CONCERN
(D)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Food Safety
(Tag F0812)
Could have caused harm · This affected 1 resident
Based on observation, interview, record review, and facility policy review, the facility failed to ensure food was stored and served under sanitary conditions, when staff failed to remove perishable f...
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Based on observation, interview, record review, and facility policy review, the facility failed to ensure food was stored and served under sanitary conditions, when staff failed to remove perishable food items, including milk, from the resident's room in a timely manner. This resulted in the potential for foodborne illness due to prolonged exposure of food to room temperature for one (1) of five (5) days of survey. (Resident #90)
Findings include:
Review of the facility policy titled, Dietary Services undated, revealed under, Purpose: To prevent contamination of food products and therefore prevent foodborne illness. Additionally revealed under, . VI. Proper Food Handling . P. Foods that have stood for several hours at room temperature cannot be considered safe and free from contamination .
An observation on 4/29/25 at 11:08 AM revealed Resident #90's breakfast tray was still in the room located on the bedside table. The tray contained leftover contents of breakfast including half a carton of milk.
An interview on 4/30/25 at 11:42 AM with Licensed Practical Nurse (LPN) #3 revealed that the breakfast trays were delivered around 6:30 AM. She explained that Resident #90 usually did not eat his breakfast at that time but ate it later, so they left it for him. She confirmed that leaving the breakfast tray until lunchtime could cause the milk to spoil and could cause Resident #90 to have gastrointestinal upset and illness.
Record review of Resident #90's Demographics Record revealed the facility admitted Resident #90 on 2/15/24 with a primary diagnosis of Alzheimer's Dementia.
Record review of Resident #90's Minimum Data Set (MDS) with an Assessment Reference Date (ARD) of 2/05/25 revealed under section C, a BIMS summary score of 7, which indicated the resident was moderately cognitively impaired.
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 observation, staff interview, and facility policy review the facility failed to put infection control measures in place to prevent the possible spread of infections for one (1) of 95 resident...
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Based on observation, staff interview, and facility policy review the facility failed to put infection control measures in place to prevent the possible spread of infections for one (1) of 95 residents residing in the facility. Resident #81
Findings include:
Record review of facility policy titled, Contact Precautions dated 2018, revealed, It is the intent of this facility to use contact precautions for residents known or suspected to have serious illnesses easily transmitted by direct patient contact or by contact with items in the patient's environment. Contact Precautions shall be used in addition to Standard Precautions for residents with infections that can be easily transmitted by direct and indirect contact.
Resident #81
An observation on 4/29/25 at 12:55 PM revealed an isolation cart outside of Resident #81's room. There was no signage to indicate the type of isolation or precautions to be used.
During an interview on 4/30/25 at 8:45 AM, Registered Nurse #1 revealed that Resident #81 was in contact isolation for a wound infection with MRSA (Methicillin-resistant Staphylococcus aureus). She confirmed there was no contact isolation signage for this resident to inform staff or visitors of what precautions were required for this specific isolation.
During an interview on 4/30/25 at 8:50 AM, the Interim Director of Nursing (DON) confirmed that signage was necessary to indicate what type of isolation and what precautions were required to decrease the spread of infection. She admitted that the facility failed to provide signage to inform staff and visitors of the precautions that were needed. She stated that isolation signage was required for residents in isolation so that visitors and staff were informed of what type of precautions needed to be used.
Record review of Resident #81's Physician's Orders revealed an order for contact isolation status . starting on Monday 2/24/25 . Organism : MRSA (Methicillin-resistant Staphylococcus aureus); Source: Wound.
Record review of Resident #81's Demographic Sheet revealed the facility admitted the resident on 1/4/24.
Record review of Resident #81's Problem List revealed the resident had a diagnosis of Alzheimer's Disease, Vascular Dementia, and Pressure Injury of Buttock.
Record review of Resident #81's Minimum Data Set (MDS) with an Assessment Reference Date (ARD) of 2/27/25 revealed in Section C a Brief Interview for Mental Status (BIMS) score of 5 which indicated the resident had severe cognitive impairment.
CONCERN
(E)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0565
(Tag F0565)
Could have caused harm · This affected multiple residents
Based on resident and staff interview, record reviews, and facility policy review, the facility failed to promptly resolve grievances regarding cold food for four (4) of six (6) residents present in R...
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Based on resident and staff interview, record reviews, and facility policy review, the facility failed to promptly resolve grievances regarding cold food for four (4) of six (6) residents present in Resident Council. (Resident #34, # 37, #47, and #84)
Findings Include:
Review of facility policy titled, Patient Complaint and Grievance Policy effective date 3/18, last review date 1/22, revealed, Policy: Providing quality services is the primary objective .Feedback and comments received by patients or their representatives provide the organization with opportunities for improvement and enhancements of services. Patients and/or their representatives have the right to voice concerns verbally or in writing when their expectations are not met .
During the Resident Council meeting held on 4/30/25 at 2:00 PM, Residents #34, #37, #47, and #84 expressed ongoing concerns regarding cold food, specifically highlighting that eggs served at breakfast were consistently cold. Resident #34 mentioned that she was often the last to receive her food tray and recalled that previously a brick was placed under the plate to keep it warm, but this practice has ceased. All residents agreed that they raised these food concerns in multiple Resident Council meetings over the past months, but no improvements have been made.
Record review of the Resident Council Minutes dated 11/27/24, 2/28/25, and 3/26/25 revealed repeated documentation of complaints regarding cold food yet there was no evidence to track what the facility did to resolve the complaints.
An interview with the Activities Director (AD) #1 on 4/30/25 at 2:44 PM, she acknowledged that residents had previously communicated their dissatisfaction with cold food during Resident Council meetings. She revealed that after a Resident Council meeting, if a resident made a complaint, she made a copy of the minutes and gave it to the department to handle. She revealed that she never got anything back from the departments to know if the issues were resolved or ongoing. She confirmed the cold food complaints were not written up as a grievance and verbalized the issue was ongoing. The AD#1 admitted she was unaware of any specific actions taken by the dietary department in response to the food complaints.
An interview with the Licensed Master Social Worker (LMSW) #1 on 4/30/25 at 2:55 PM, revealed that she was not aware of the food concerns and could only address issues if it was brought to her attention.
An interview with the Dietary Manager (DM) on 5/01/25 at 10:40 AM revealed she was aware of the residents' complaints regarding cold food and had received copies of the meeting minutes. Furthermore, she revealed the facility had discussed the concerns during the morning stand up meeting. She explained that the kitchen monitored the temperatures on all the foods prior to starting the tray line and had not noticed any concerns with the temperatures. She revealed they used a heated plate to ensure the food stayed warm. The DM explained that she had noticed a delay in the staff getting the trays passed and had reported her concerns to the administrative staff. She revealed they (the kitchen) announced when the trays were ready, and it was up to the staff to distribute them timely.
An interview with the Administrator on 5/1/25 at 3:00 PM revealed he was aware of the complaints regarding cold food made during Resident Council meetings. He confirmed these complaints should have been written up as a grievance and they (the staff) should have a tracking process of documentation to ensure the grievances were resolved in a timely manner.
Record review of the admission Record revealed the facility admitted Resident #34 on 8/17/22.
Record review of Resident #34's Minimum Data Set (MDS) with an Assessment Reference Date (ARD)of 4/7/25 revealed a Brief Interview for Mental Status (BIMS) score of 15, which indicated the resident was cognitively intact.
Record review of the admission Record revealed the facility admitted Resident #37 on 6/8/17.
Record review of the Resident #37's MDS with an ARD of 3/12/25 revealed a BIMS score of 15, which indicated the resident was cognitively intact.
Record review of the admission Record revealed the facility admitted Resident #47 on 8/5/21.
Record review of Resident #47's MDS with an ARD of 3/12/25 revealed a BIMS score of 15 which indicated the resident was cognitively intact.
Record review of the admission Record revealed the facility admitted Resident #84 on 2/12/25.
Record review of Resident #84's MDS with an ARD of 2/19/25 revealed a BIMS score of 15 which indicated the resident was cognitively intact.
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0868
(Tag F0868)
Could have caused harm · This affected most or all residents
Based on staff interviews, record review, and facility policy review, the facility failed to ensure quarterly Quality Assurance and Performance Improvement (QAPI) committee meetings were held at least...
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Based on staff interviews, record review, and facility policy review, the facility failed to ensure quarterly Quality Assurance and Performance Improvement (QAPI) committee meetings were held at least quarterly with the mandatory staff present for two (2) of the most recent four (4) quarters. November 2024 and February 2025
Findings include:
Record review of facility policy titled Quality Assurance and Performance Improvement, with revision date of October 2024, revealed, All QAPI (Quality Assurance and Performance Improvement) activities will be unified across all areas of care and services at our facility. There will be a representative of each area of service on the QAA Committee. Each area will be discussed regardless of whether the representative is present or not. All areas will work together to combine care and services across our continuum of care to better meet the needs of the elders living in our facility.
Record review of Monthly Quality Assurance/Improvement Meeting sign-in sheets revealed the facility had not had a Quality Assurance meeting since 08/2024.
During an interview on 5/2/25 at 11:21 AM, the Interim Director of Nursing (DON) confirmed that the facility failed to hold quarterly QAPI meetings with the mandatory staff members present and admitted that she could not find evidence of a meeting since 08/2024. She stated that the hospital and the facility had a combined monthly QAPI meeting but admitted that the required staff were not present.
During an interview on 5/2/25 at 12:00 PM, the Administrator confirmed the facility failed to hold a quarterly QAPI meeting with the required staff members present. He stated he took over the position of Administrator on 2/25/25, admitted that he had not held a facility QAPI meeting since he started.
During a phone interview on 5/2/25 at 12:05 PM, the Medical Director confirmed there was a scheduled QAPI meeting on 4/16/25, which was canceled, and this meeting was not rescheduled