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
Based on interviews, record review, job description review and facility policy review, the facility failed to protect the residents' right to be free from verbal abuse from a staff member for one (1) ...
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Based on interviews, record review, job description review and facility policy review, the facility failed to protect the residents' right to be free from verbal abuse from a staff member for one (1) of 21 sampled residents. (Resident #17)
Resident #17 was verbally abused and threatened on 2/8/25 when Certified Nursing Aide (CNA) #1 used profanity in an argument and aimed a spray bottle of chemical cleaner toward him.
The facility's failure to protect Resident #17 resulted in his reporting he felt nervous and afraid. Additionally, the facility's failure to immediately remove CNA #1 from the facility placed this resident and other residents at risk for similar abuse.
The situation was determined to be Immediate Jeopardy (IJ) and Substandard Quality of Care (SQC). The State Agency (SA) notified the Administrator of the IJ and SQC on 3/12/25 at 2:15 PM and provided an IJ Template.
Based on the facility's implementation of corrective actions on 02/12/25, the SA determined the IJ and SQC to be Past-Non-Compliance (PNC) and the IJ was removed on 02/13/25 prior to the SA's entrance on 03/11/25.
Findings include:
A review of the facility's, Abuse Prohibition Policy, dated 5/17/24, revealed, Intent .Each resident has the right to be free from abuse, mistreatment .Policy: 1. The facility will prohibit neglect, mental or physical abuse .of residents .Definitions .Verbal abuse is defined as the use of, oral, written or gestured language that willfully includes disparaging or derogatory terms to residents .within their hearing distance .Examples of verbal/mental abuse include .cursing, yelling, saying things to frighten a resident .
A record review of the facility's Certified Nursing Assistant (CNA) Job Description dated March 2017, revealed, .Function: Cares for Residents under the direction and supervision of a registered nurse or a licensed practical/vocational nurse .Knows how to respond to Residents' behaviors .Demonstrates a basic understanding of behavior treats Residents with dignity and respect .
A record review of the facility's investigation, dated 02/15/25, revealed On Saturday, February 8, 2025, Certified Nursing Assistant (proper name) was entering the dining room and encountered (Resident proper name) .(Resident proper name) began yelling expletives at (CNA proper name) .(CNA proper name) began arguing back with the resident using profanity .(Resident proper name) was interviewed and stated he was speaking with Licensed Practical Nurse (LPN) proper name) in the dining area when (CNA proper name) entered. He began cursing and calling CNA names and (CNA proper name) became argumentative and also used profanity. He stated that Nurse (proper name) took him back to his room and calmed him down .(CNA proper name) was interviewed. CNA stated (Resident proper name) began screaming swear words at her and then proceeded to roll his wheelchair towards her threatening to slap her in the face. Employee said this made her feel scared so she picked up a spray bottle and told him not to come any closer LPN (proper name) was interviewed. Nurse stated that her and (Resident proper name) were indeed having a conversation in the dining area when (CNA proper name) entered. Nurse stated that (Resident proper name)began cursing at (CNA proper name) and the employee began arguing back. Both (CNA proper name) and (Resident proper name) were using profanity. (CNA proper name) then picked up a spray bottle and pointed towards (Resident proper name) but did not spray the bottle. The resident was then taken back to his room .Life rounds were completed and residents with a BIMS (Brief Interview of Mental Status) of 12 or higher. One resident stated that CNA (proper name) had a smart mouth and another resident stated that he hears her being loud and using profanity in the hallway. Life rounds completed with staff with no issues noted. In services initiated with staff on Resident Rights, Vulnerable Adult, Abuse, Neglect and Customer Service. Currently, the facility decided to terminate employee (proper name) due to multiple policy violations .
A record review of the time sheet for CNA #1 revealed on 2/8/25 she worked from 7:31 AM to 6:45 PM. On 2/9/25 she worked from 8:20 AM to 7:26 PM, and on 2/12/25 she worked from 7:56 AM to 11:30 AM, which was after the abuse occurred on 2/8/25.
On 03/11/25 at 9:00 AM, during an interview Resident #17 confirmed that he and CNA #1 had a disagreement that occurred during the smoke break on 2/7/25. He stated that the CNA had refused to go back into the facility to get his cigarettes. The resident reported that on 2/8/25, he and LPN #1 were in the dining area talking, when CNA #1 entered the dining area. The resident stated he was still upset about the incident from the smoke break and stated to LPN #1 that CNA #1 was a lazy (expletive). CNA #1 then approached him and started using profanity toward him, and she then grabbed a bottle containing cleaning solution, that was sitting on a housekeeping cart and pointed it toward him. Resident #17 stated she did not spray it on him, but he was nervous and afraid because he thought she might spray him.
On 03/11/25 at 10:03 AM, during an interview with the Risk Manager (RM) she acknowledged that she was made aware of the incident on 2/12/25 by the Administrator, which was four (4) days after the abuse occurred. The RM stated she and the Administrator called CNA #1 in for an interview, and she was then suspended. The RM stated CNA #1 fully admitted the details of the incident as reported by Resident #17 and LPN #1.
On 03/11/25 at 3:40 PM, during an interview, LPN #1 stated that on 2/8/25, while walking down the hall, she encountered Resident #17, who looked toward CNA #1 and said, Go hit that (expletive) in the back of the head. LPN #1 stated she initially thought the resident was joking, as he is typically pleasant. As they continued speaking, CNA #1 approached and confronted the resident, saying, Are you talking about me? You better keep my name out of your mouth. LPN #1 stated the resident then called CNA #1 a lazy (expletive), and CNA #1 walked away, but the resident followed her and the two continued yelling at each other. CNA #1 then asked LPN #1 if she was going to intervene to de-escalate the situation. LPN #1 reported that CNA #1 grabbed a spray bottle from a housekeeping cart, pointed it at the resident, and yelled, Back the (expletive) up, back the (expletive) up! I'm going to get [another resident] to come down here to beat you in the head. LPN #1 stated the resident backed away and CNA #1 walked off. LPN #1 reported the incident to LPN #2, the Charge Nurse. Shortly afterward, LPN #3 informed LPN #1 and LPN #2 that CNA #1 had also reported the incident to her. LPN #1 stated that as LPN #3 was preparing to call the Director of Nursing (DON), CNA #1 approached them and began yelling about what should be done to Resident #17. LPN #3 escorted CNA #1 back to her unit and called the Director of Nursing (DON), who later spoke with LPN #2 and advised that he would handle the incident on Monday. LPN #1 stated she was not instructed to send CNA #1 home and did not tell CNA #1 to leave out of fear the hostility might escalate. LPN #1 acknowledged she was aware that Resident #17 was being verbally abused and threatened by CNA #1. She stated she believed reporting the incident to the Charge Nurse fulfilled her obligation but admitted she should have removed the resident once the situation escalated. LPN #1 confirmed that CNA #1 completed her shift on 2/8/25 and was still working at the facility when LPN #1 returned on 2/12/25. She also confirmed she had not been contacted by the DON for a statement prior to meeting with the Administrator on 2/12/25. LPN #1 stated that staff receive frequent in-service training on abuse prevention through computer-based modules, which include topics on de-escalation and resident safety.
On 03/11/25 at 4:15 PM, during an interview, the DON stated that on 2/8/25 at approximately 10:00 AM, he received a phone call from LPN #3 reporting that Resident #17 had directed profanity toward CNA #1. The DON stated that he instructed LPN #3 to ensure that CNA #1 did not assist Resident #17 with smoke breaks moving forward. The DON further explained that around 12:00 PM that same day, he contacted LPN #2 and was informed that CNA #1 had raised her voice at Resident #17 and had been separated from the resident. The DON reported that based on the information provided at the time, he did not view the incident as abuse and, therefore, did not instruct staff to send CNA #1 home.
On 03/11/25 at 4:33 PM, during an interview, LPN #2 confirmed that on 2/8/25, LPN #1 approached her at the nurse's station and informed her about the incident between Resident #17 and CNA #1. Shortly after, LPN #3 arrived from the other unit to inquire about what had occurred. LPN #2 stated that CNA #1 then came to the nurse's station, visibly agitated and upset, and said, Who the (expletive) are you sending home? LPN #2 reported that LPN #3 subsequently escorted CNA #1 back to the other unit and placed a call to the DON to report the situation. LPN #2 stated that when the DON called her later that day, she relayed what LPN #1 had reported, and suggested that the DON follow up directly with LPN #1. LPN #2 confirmed that she specifically informed the DON that CNA #1 had verbally retaliated against Resident #17, stating, Who the (expletive) are you talking to? Who the (expletive) are you calling a (expletive)? LPN #2 also reported that she told the DON about the allegation that CNA #1 had aimed a chemical-filled spray bottle at the resident and threatened to recruit another resident to physically harm him. LPN #2 stated that the DON responded that he would handle the situation on Monday. LPN #2 explained that she did not send CNA #1 home that day, as she was waiting for direct instructions from the DON.
On 3/12/25 at 10:02 AM, during a phone interview, CNA #1 stated that on 2/8/25, she was in the dining area when she noticed Resident #17 speaking with his nurse (LPN#1). CNA #1 reported that she approached them and asked, Is there something you need to tell me? According to CNA #1, Resident #17 began using profanity toward her. CNA #1 stated she turned to the nurse and asked, Are you going to intervene with your resident? CNA #1 reported that Resident #17 then threatened to slap her. In response, she stated that she grabbed a spray bottle of cleaning solution from a nearby cart, aimed it at the resident, and told him not to put his hands on her. CNA #1 said she did not view pointing the spray bottle at the resident as a threatening act but rather as a defensive measure. CNA #1 acknowledged that the facility regularly provides abuse prevention training, which includes guidance on appropriate responses to escalating situations.
On 03/12/25 at 12:15 PM, during an interview, LPN #3 stated that she did not personally witness the incident involving CNA #1 and Resident #17 on 2/8/25. She reported that CNA #1 informed her that Resident #17 had cursed at her, and in response, she cursed back and aimed a spray bottle of cleaning fluid at him. LPN #3 stated that CNA #1 was frustrated because LPN #1 had been standing next to the resident during the incident and did not intervene. LPN #3 explained that she went to the Unit 2 nurse's station to discuss the matter with LPN #1 and LPN #2. According to LPN #3, LPN #2 instructed her to notify the DON. LPN #3 stated that she contacted the DON and informed him that CNA #1 admitted to cursing at Resident #17 and pointing a spray bottle of cleaner at him. LPN #3 reported that the DON instructed her to document a statement and assured her that he would address the issue on Monday. LPN #3 added that she also reminded the DON about CNA #1's responsibility for taking residents to their scheduled smoke breaks.
On 03/12/25 at 12:51 PM, during an interview, the Administrator stated she became aware of the incident from 2/8/25 when CNA #4 approached her on 2/12/25 and asked if she had been made aware of what had occurred. The Administrator explained that, following this, she immediately spoke with Resident #17, the DON, the involved nurses, and CNA #1. The Administrator reported that CNA #1 admitted to the incident as described and was subsequently sent home on 2/12/25. She further stated that in-services were held with all staff to reinforce how to identify and report abuse, which included drills and refresher training. The Administrator confirmed that all staff are regularly trained on appropriate actions in response to allegations or incidents of abuse. She acknowledged that the nursing staff did not follow the facility's abuse policy and protocol, specifically stating that CNA #1 should have been removed from duty immediately.
A record review of the admission Record revealed the facility admitted Resident #17 on 7/15/24 with diagnoses including Anxiety Disorder.
A record review of the Quarterly Minimum Data Set (MDS) with an Assessment Reference Date (ARD) of 01/16/25 revealed Resident #17 had a Brief Interview for Mental Status (BIMS) score of 15, which indicated he was cognitively intact. A review of Section E revealed the resident had not exhibited any verbal behavioral symptoms directed toward others (e.g., threatening others, screaming at others, cursing at others).
Facility Corrective Action Plan:
On 03/12/2025 at 3:15 PM State Agency (SA) notified facility Administrator of Immediate Jeopardy (IJ). State Agency Surveyor provided the facility with the Immediate Jeopardy (IJ) templates. Facility respectfully submits this corrective action plan.
Brief Summary of Events
On 02/12/2025 at 10:45AM the Administrator was notified of allegation of verbal abuse involving Resident #17 and CNA (Certified Nursing Assistant) #1. On 02/08/2025 CNA #1 was delivering a resident tray when she overheard Resident #17 and staff member laughing. The CNA #1 questioned the contents of their conversation. Resident #17 started using profanity directed at her. CNA #1 picked up a spray bottle pointing it in the direction of Resident # 17. CNA # I was using profanity as she was walking away from Resident # 17. CNA #1continued to work in facility in separate care area until allegation was reported to administration on 2/12/2025.
Corrective Actions
1.
On 02/12/2025 at 9:30am. The Treatment Nurse conducted a routine head-to-toe body assessment on Resident #17 to review for any skin abnormalities or concerns. Resident #17 had no negative skin issues or concerns.
2.
On 02/12/2025 at 10:55am The Director of Nursing and Administrator interviewed Resident #17 regarding the allegation of abuse. Resident #17 provided statement of events.
3.
On 2/12/2025 at 1130am, CNA (Certified Nursing Assistant) #1 was interviewed, statement obtained and suspended pending investigation by the Administrator. CNA #1 was subsequently terminated.
4.
On 02/12/2025 at approximately 11:30am an allegation of abuse involving Resident #17 was reported to the State Agency (SA) by the Facility Risk Manager.
5.
On 02/12/2025 at approximately 1140am an allegation of abuse involving Resident #17 was submitted to the Attorney General (AG) complaint website by the Risk Manager regarding allegation of abuse.
6.
On 2/12/2025 at 11:40am, Referral was sent to Psychologist Nurse Practitioner by the Director of Nursing for evaluation and follow up.
7.
On 2/12/2025 at 11:40am, The Medical Director was notified of the allegation by the Administrator.
8.
02/12/2025 at 12:00pm The Administrator notified ombudsman with no answer and left message.
9.
On 2/12/2025 at 12:14pm, The DON conducted Trauma Assessment on Resident #17 with no negative findings.
10.
On 2/12/2025 at 12:30pm, The Risk Manager initiated Life satisfaction rounds on with residents with BIMS (Brief Interview of Mental Status} of 12 or higher regarding Abuse and Safety in the facility. two negative findings on unprofessional behavior resulted with a report of being rude and loud. No allegations of abuse resulted.
11.
On 2/12/2025 at 1:30pm, Peer reviews initiated by Risk Manager regarding Abuse and Safety in the facility involving CNA #1. One finding resulted in witnessing the allegation involving Resident #17. On 2/12/2025 at 1:30-1:45pm, An Abuse Drill Evaluation completed with Station I and II by the DON and Administrator as part of an ongoing monitoring plan. Life satisfaction rounds with two residents having a BIMS of twelve or higher will be completed by the Administrator/DON or Risk Manager weekly times four weeks, every other week times eight and monthly thereafter for three months. The QAPI committee will evaluate additional action based on results. The DON will conduct two random interviews on residents with BIMS of twelve or higher for any
allegations of abuse or neglect weekly times four weeks, every other week times eight weeks and monthly times three months thereafter. The DON, Assistant Director of Nursing, or Risk Manager will conduct two random body audits on residents with BIMS below twelve for any indicators of abuse or neglect weekly times four weeks, every other week for eight weeks and monthly times three months thereafter. The QAPI committee will evaluate additional action based on results. The QAPI Committee will review potential trends and patterns and provide recommendations as needed.
12.
On 2/12/2025 at 2:30pm, an in-service initiated by Risk Manager/ DON/ADM on Abuse and Neglect, Resident Rights, Vulnerable Adult, along with the reporting guidelines including how to address if abuse is noted. No staff was allowed to return to work prior to completion.
13.
On 2/12/2025 at 3:00pm, QAPI Committee held a Quality Assurance Meeting to include Medical Director, Director of Nursing, Assistant Director of Nursing, Risk Manager/Infection Preventionist, Medical Records, Director of Rehabilitation, [NAME] Office Manager, Activity Director and Minimum Data Set Nurse to discuss allegations of abuse along with corrective
action and monitoring in place. Policies were reviewed with no revisions needed.
14.
On 3/12/2025 at 3:15pm. State Agency (SA) notified the Administrator of Immediate Jeopardy with past noncompliance of 02/12/2025. The State Agency (SA) provided the facility with the Immediate Jeopardy templates.
15.
Facility is alleging that all activities to remove the Immediate Jeopardy were completed as of 02/12/2025 and the Immediate Jeopardy was removed 02/13/2025.
Validation:
The SA validated on 3/13/2025, through interview and record review that all corrective actions had been implemented as of 2/12/25, and the facility was in compliance as of 2/13/25, prior to the SA's entrance on 3/11/2025.
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 interviews, record review, and facility policy review, the facility failed to report an allegation of abuse within the required two (2) hour timeframe for one (1) of 21 sampled residents. Res...
Read full inspector narrative →
Based on interviews, record review, and facility policy review, the facility failed to report an allegation of abuse within the required two (2) hour timeframe for one (1) of 21 sampled residents. Resident #17.
Resident #17 was verbally abused and threatened on 2/8/25 when Certified Nurse Aide (CNA) #1 used profanity in an argument and aimed a spray bottle of chemical cleaner toward him. This was witnessed by Licensed Practical Nurse (LPN) #1. This occurred on 02/08/25, however, the facility did not report it to the State Agency (SA) until 02/12/25, delaying the facility's ability to protect the resident from further mistreatment.
The facility's failure to ensure immediate reporting increased the risk of harm which left Resident #17 and other residents in a situation that was likely to cause serious injury, serious harm, serious impairment, or death.
The situation was determined to be Immediate Jeopardy (IJ) and Substandard Quality of Care (SQC). The State Agency (SA) notified the Administrator of the IJ and SQC on 03/12/25 at 2:15 PM and provided an IJ Template.
Based on the facility's implementation of corrective actions on 02/12/25, the SA determined the IJ and SQC to be Past-Non-Compliance (PNC) and the IJ was removed on 02/13/25 prior to the SA's entrance on 03/11/25.
Findings include:
A review of the facility's, Abuse Prohibition Policy, dated 5/17/24, revealed, Intent .Each resident has the right to be free from abuse, mistreatment .Policy: 1. The facility will prohibit neglect, mental or physical abuse .of residents .Definitions .Verbal abuse is defined as the use of, oral, written or gestured language that willfully includes disparaging or derogatory terms to residents .within their hearing distance .Examples of verbal/mental abuse include .cursing, yelling, saying things to frighten a resident . The facility will report all allegations and substantiated occurrences of abuse .to the state agency and to all other agencies as required by law .The Abuse Coordinator will report all allegations of abuse .immediately or within 2 hours of the allegation .
A record review of the facility's investigation, dated 02/15/25, revealed On Saturday, February 8, 2025, Certified Nursing Assistant (proper name) was entering the dining room and encountered Resident (proper name) .(Resident proper name) began yelling expletives at (CNA proper name) .(CNA proper name) began arguing back with the resident using profanity .(Resident proper name was interviewed and stated he was speaking with (Licensed Practical Nurse (LPN) (proper name) in the dining area when (CNA proper name) entered. He began cussing and calling CNA names and (CNA proper name) became argumentative and also used profanity. He stated that Nurse (proper name) took him back to his room and calmed him down .CNA (proper name was interviewed. CNA stated (Resident proper name) began screaming swear words at her and then proceeded to roll his wheelchair towards her threatening to slap her in the face. Employee said this made her feel scared so she picked up a spray bottle and told him not to come any closer LPN, (proper name) was interviewed. Nurse stated that her and (Resident proper name) were indeed having a conversation in the dining area when (CNA proper name) entered. Nurse stated that (Resident proper name began cursing at (CNA proper name) and the employee began arguing back. Both (CNA proper name) and (Resident proper name) were using profanity. (CNA proper name) then picked up a spray bottle and pointed towards (Resident proper name) but did not spray the bottle. The resident was then taken back to his room .Life rounds were completed and residents with a BIMS of 12 or higher. One resident stated that CNA (proper name) had a smart mouth and another resident stated that he hears her being loud and using profanity in the hallway. Life rounds completed with staff with no issues noted. In services initiated with staff on Resident Rights, Vulnerable Adult, Abuse, Neglect and Customer Service. Currently, the facility decided to terminate employee (proper name) due to multiple policy violations .
During an interview on 03/11/25 at 9:00 AM, an interview with Resident #17 revealed that he and CNA #1 got into an argument on 2/8/25 when he was in the dining area talking to LPN #1. Resident #17 admitted that he called CNA #1 a lazy (expletive) and then CNA #1 approached him, using profanity, and grabbed a bottle of cleaning spray and pointed it toward him. He stated he was nervous and afraid that the CNA was going to spray him. He confirmed that LPN #1 witnessed the altercation.
During an interview on 03/11/25 at 10:03 AM, the Risk Manager (RM) revealed she was made aware of the incident on 2/12/25 by the Administrator. The RM stated she and the Administrator called CNA #1 in for an interview on 2/12/25 and she was then suspended. The RM stated CNA #1 fully admitted the details of the incident as reported by the resident and LPN #1.
During an interview on 03/11/25 at 3:40 PM, Licensed Practical Nurse (LPN) #1 explained that on 2/8/25 she witnessed a verbal altercation between Resident #17 and CNA #1. LPN #1 reported the incident to LPN #2, who was the Charge Nurse at the time. Shortly after, LPN #3 approached both LPN #1 and LPN #2 to inform them that CNA #1 had also reported the incident to her. LPN #1 stated that LPN #3 was the one who contacted the Director of Nursing (DON) regarding the situation. LPN #1 confirmed she was not given instructions to send CNA #1 home and admitted that she did not direct CNA #1 to leave because she was concerned the situation could escalate further. LPN #1 acknowledged that she was aware CNA #1 verbally abused and threatened Resident #17 and believed she followed protocol by reporting the incident to the Charge Nurse. LPN #1 also stated she should have immediately removed the resident from the escalating situation. She further noted that she was not contacted by the DON to provide a statement about the incident until 2/12/25.
During an interview on 03/11/25 at 4:15 PM, the DON revealed he received a phone call from LPN #3 at 10:00 AM on 2/8/25 to inform him that Resident #17 has cursed the CNA. The DON stated he instructed LPN #3 to not have CNA #1 assist the resident with smoke breaks. The DON stated that at 12:00 PM on 2/8/25 he called LPN #2 and was told that CNA #1 got loud with Resident #17 and was separated from Resident #17. The DON stated he did not report the incident to the State Agency on 2/8/25 because he did not feel the incident was an abuse situation from the information he had been told by the nurses.
During an interview on 03/11/25 at 4:33 PM, LPN #2 explained that on 2/8/25, LPN #1 approached her at the nursing station and reported the incident involving Resident #17 and CNA #1. LPN #2 stated that CNA #1 then came to the nursing station, visibly aggravated and upset, and stated, Who the (expletive) are you sending home? LPN #2 reported that LPN #3 then escorted CNA #1 back to the other unit and called the DON to report the incident. LPN #2 explained that when the DON called her directly, she relayed what LPN #1 had reported and recommended that the DON speak directly with LPN #1 for further details. LPN #2 stated she specifically informed the DON that CNA #1 had retaliated against the resident by yelling, Who the (expletive) are you talking to? Who the (expletive) are you calling a (expletive)? LPN #2 further reported that she told the DON about CNA #1 aiming a spray bottle containing cleaning chemicals at Resident #17 and threatening to enlist another resident to physically harm him. LPN #2 stated the DON informed her that he would address the situation on Monday. LPN #2 acknowledged that she did not send CNA #1 home because she was waiting for direction from the DON. She stated that during a meeting with the Administrator on the following Wednesday, she was asked why she had not contacted the Administrator directly. LPN #2 explained that she believed notifying the DON was the appropriate course of action.
During an interview on 03/12/25 at 12:15 PM, LPN #3 stated that she did not personally witness the incident involving CNA #1 and Resident #17 on 2/8/25. LPN #3 stated that she contacted the DON and informed him that CNA #1 admitted to cursing at Resident #17 and pointing a spray bottle of cleaner at him. LPN #3 reported that the DON instructed her to document a statement and assured her that he would address the issue on Monday.
During an interview on 03/12/25 at 12:30 PM, in a follow up interview with the RM she explained the DON was questioned as to why he did not report the incident on 2/8/25, the day he was informed about the verbal abuse and threats made to Resident #17 by CNA #1. The RM reported the DON stated he felt the incident was downplayed when it was reported to him and the resident was safe.
During an interview on 03/12/25 at 12:51 PM, the Administrator stated she became aware of the incident that occurred on 2/8/25 when CNA #4 approached her on 2/12/25 and asked if she had been made aware of the incident. The Administrator explained that, following this, she immediately spoke with Resident #17, the DON, the involved nurses, and CNA #1. The Administrator reported that CNA #1 admitted to the incident as described and was subsequently sent home on 2/12/25. She acknowledged that the nursing staff did not follow the facility's abuse policy and protocol, specifically stating that CNA #1 should have been removed from duty immediately.
A record review of the admission Record revealed the facility admitted Resident #17 on 7/15/24 with diagnoses including Anxiety Disorder.
Facility Corrective Action Plan:
On 03/12/2025 at 3:15PM State Agency (SA) notified facility Administrator of Immediate Jeopardy (IJ). State Agency Surveyor provided the facility with the Immediate Jeopardy (IJ} templates. Facility respectfully submits this corrective action plan.
Brief Summary of Events
On 02/12/2025 at 10:45AM the Administrator was notified of allegation of verbal abuse involving Resident #17 and CNA(Certified Nursing Assistant) #1. On 02/08/2025 CNA #1 was delivering a resident tray when she overheard Resident #17 and staff member laughing. The CNA #1 questioned the contents of their conversation. Resident #17 started using profanity directed at her. CNA #1 picked up a spray bottle pointing it in the direction of Resident # 17. CNA # 1 was using profanity as she was walking away from Resident # 17. CNA #1 continued to work in facility in separate care area until allegation was reported to administration on 2/12/2025.
Corrective Actions
1.
On 02/12/2025 at 9:30am. The Treatment Nurse conducted a routine head-to-toe body assessment on Resident #17 to review for any skin abnormalities or concerns. Resident #17 had no negative skin issues or concerns.
2.
On 02/12/2025 at 10:55am The Director of Nursing and Administrator interviewed Resident #17 regarding the allegation of abuse. Resident #17 provided statement of events.
3.
On 2/12/2025 at 1130am, CNA (Certified Nursing Assistant) #1 was interviewed, statement obtained and suspended pending investigation by the Administrator. CNA #1 was subsequently terminated.
4.
On 02/12/2025 at approximately 11:30am an allegation of abuse involving Resident #17 was reported to the State Agency (SA) by the Facility Risk Manager.
5.
On 02/12/2025 at approximately 1140am an allegation of abuse involving Resident #17 was submitted to the Attorney General (AG) complaint website by the Risk Manager regarding allegation of abuse.
6.
On 2/12/2025 at 11:40am, Referral was sent to Psychologist Nurse Practitioner by the Director of Nursing for evaluation and follow up.
7.
On 2/12/2025 at 11:40am, The Medical Director was notified of the allegation by the Administrator.
8.
02/12/2025 at 12:00pm The Administrator notified ombudsman with no answer and left message.
9.
On 2/12/2025 at 12:14pm, The DON conducted Trauma Assessment on Resident #17 with no negative findings.
10.
On 2/12/2025 at 12:30pm, The Risk Manager initiated Life satisfaction rounds on with residents with BIMS (Brief Interview of Mental Status) of 12 or higher regarding Abuse and Safety in the facility. two negative findings on unprofessional behavior resulted with a report of being rude and loud. No allegations of abuse resulted.
11.
On 2/12/2025 at 1:30pm, Peer reviews initiated by Risk Manager regarding Abuse and Safety in the facility involving CNA #1. One finding resulted in witnessing the allegation involving Resident #17. On 2/12/2025 at 1:30-1:45pm, An Abuse Drill Evaluation completed with Station I and II by the DON and Administrator as part of an ongoing monitoring plan. Life satisfaction rounds with two residents having a BIMS of twelve or higher will be completed by the Administrator/DON or Risk Manager weekly times four weeks, every other week times eight and monthly thereafter for three months. The QAPI committee will evaluate additional action based on results. The DON will conduct two random interviews on residents with BIMS of twelve or higher for any allegations of abuse or neglect weekly times four weeks, every other week times eight weeks and monthly times three months thereafter. The DON, Assistant Director of Nursing, or Risk Manager will conduct two random body audits on residents with BIMS below twelve for any indicators of abuse or neglect weekly times four weeks, every other week for eight weeks and monthly times three months thereafter. The QAPI committee will evaluate additional action based on results. The QAPI Committee will review potential trends and patterns and provide recommendations as needed.
12.
On 2/12/2025 at 2:30pm, an in-service initiated by Risk Manager/ DON/ADM on Abuse and Neglect, Resident Rights, Vulnerable Adult, along with the reporting guidelines including how to address if abuse is noted. No staff was allowed to return to work prior to completion.
13.
On 2/12/2025 at 3:00pm, QAPI Committee held a Quality Assurance Meeting to include Medical Director, Director of Nursing, Assistant Director of Nursing, Risk Manager/Infection Preventionist, Medical Records, Director of Rehabilitation, [NAME] Office Manager, Activity Director and Minimum Data Set Nurse to discuss allegations of abuse along with corrective
action and monitoring in place. Policies were reviewed with no revisions needed.
14.
On 3/12/2025 at 3:15pm. State Agency (SA) notified the Administrator of Immediate Jeopardy with past noncompliance of 02/12/2025. The State Agency (SA) provided the facility with the Immediate Jeopardy templates.
15.
Facility is alleging that all activities to remove the Immediate Jeopardy were completed as of 02/12/2025 and the Immediate Jeopardy was removed 02/13/2025.
Validation:
The SA validated on 3/13/2025, through interview and record review that all corrective actions had been implemented as of 2/12/25, and the facility was in compliance as of 2/13/25, prior to the SA's entrance on 3/11/2025.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0657
(Tag F0657)
Could have caused harm · This affected 1 resident
Based on observation, staff interviews, record review, and facility policy review, the facility failed to revise the comprehensive care plan to include the use of zinc oxide, as per a physician's orde...
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Based on observation, staff interviews, record review, and facility policy review, the facility failed to revise the comprehensive care plan to include the use of zinc oxide, as per a physician's order for one (1) of 21 care plans reviewed. (Resident #22)
Findings included:
A review of the facility's Care Plans, Comprehensive Person-Centered dated 2/24/25, revealed, .A comprehensive, person-centered care plan that includes measurable objectives and timetables to meet the resident's physical, psychosocial, and functional needs is developed and implemented for each resident. Policy Interpretation and Implementation .13. Assessments of residents are ongoing and care plans are revised as information about the residents and the residents' conditions change .
On 03/11/2025 at 12:56 PM, during an observation of incontinence care, Certified Nursing Assistant (CNA) #8 applied zinc oxide to the resident's buttocks after providing perineal care.
A record review of Resident #22's Comprehensive Care Plan revealed, I have potential for impairment of my skin integrity related to weakness, decreased mobility, bowel and bladder incontinence, severe protein-calorie malnutrition . There were no interventions in place to address applying zinc oxide.
A record review of the Order Summary Report with active orders as of 3/13/25 revealed Resident #22 had a physician's order, dated 02/15/2025 for Redness: Apply zinc barrier cream to sacrum every day shift.
On 03/13/2025 at 12:56 PM, during an interview, the Director of Nursing (DON) explained that the Care Plan Nurse is responsible for updating the care plan daily by reviewing the physician's orders. The DON confirmed the care plan was not updated to include the application of zinc oxide to Resident #22's buttocks.
On 03/13/2025 at 1:07 PM, during an interview, the Administrator stated that she expects staff to follow the facility's policies and standards of practice. The Administrator further stated she expects staff to update residents' care plans according to facility policy.
On 03/13/2025 at 1:11 PM, during an interview, Registered Nurse (RN) #1 confirmed that the care plan was not updated to reflect the use of zinc oxide. RN #1 stated that she had not yet had a chance to update the care plan and that care plans are updated according to physicians' orders. RN #1 explained that the care plan is used to direct the care of the resident and to assign responsibilities according to staff job descriptions and training.
A record review of the admission Record revealed the facility admitted Resident #22 on 09/10/2024 with diagnoses including Acute and Chronic Respiratory Failure with Hypoxia.
A record review of the Quarterly Minimum Data Set (MDS) with an Assessment Reference Date (ARD) of 12/18/2024 revealed Resident #22 had a Brief Interview for Mental Status (BIMS) score of 15, which indicated the resident was cognitively intact. Section GG revealed Resident #22 was incontinent of bowel and bladder and required partial to moderate assistance for bathing, toileting, and personal hygiene.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0658
(Tag F0658)
Could have caused harm · This affected 1 resident
Based on observation, staff interview, record review, and the facility's Certified Nurse Assistant (CNA) job description review, the facility failed to ensure professional standards practices were mai...
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Based on observation, staff interview, record review, and the facility's Certified Nurse Assistant (CNA) job description review, the facility failed to ensure professional standards practices were maintained when a CNA applied a medicated cream to a resident during one (1) of two (2) incontinent resident care observations. (Resident #22)
Findings Include:
A record review of the facility's Certified Nursing Assistant (CNA) Job Description dated March 2017, revealed, .Function: Cares for Residents under the direction and supervision of a registered nurse or a licensed practical/vocational nurse .
A record review of a letter from the State Board of Nursing, dated 7/15/2005, revealed, .medication administration may only be delegated to another registered nurse or licensed practical nurse and not an unlicensed person. This would include medicated ointments, lotions and protective barriers, regardless of skin integrity .
In an observation of incontinence care on 3/11/25 at 12:56 PM, Licensed Practical Nurse (LPN) #7/MDS Nurse gave CNA #8 zinc oxide cream to put on the resident's buttocks. CNA #8 applied the zinc oxide to the resident's sacrum after completing incontinence care.
A record review of the Order Summary Report with active orders as of 3/13/25, revealed Resident #22 had Physician's Order, dated 02/15/2025, for Redness: Apply zinc barrier cream to sacrum every day shift.
On 03/13/25 at 12:32 PM, in an interview, LPN #7 confirmed she gave CNA #8 the cream to apply to Resident #22's buttocks. She acknowledged that the facility does not allow CNA's to apply medicated creams such as zinc oxide to the residents because CNA's cannot administer medications.
During an interview on 03/13/25 at 12:56 PM, with the Director of Nursing (DON), he stated the facility does not allow the CNAs to apply zinc oxide to the residents and that CNA's do not administer medications. The DON also said both the nurse and CNA have been trained that CNA's cannot administer medications.
During an interview on 03/13/25 01:07 PM, the Administrator stated she expects the staff to follow the facility policies and standards of practice and confirmed the facility does not allow CNAs to administer medications.
A record review of the admission Record revealed the facility admitted Resident #22 on 09/10/2024 with diagnoses including Acute and Chronic Respiratory Failure with Hypoxia.
A record review of the Quarterly Minimum Data Set (MDS) with an Assessment Reference Date (ARD) of 12/18/2024 revealed Resident #22 had a Brief Interview for Mental Status (BIMS) score of 15, which indicated the resident was cognitively intact. Section GG revealed Resident #22 was incontinent of bowel and bladder and required partial to moderate assistance for bathing, toileting, and personal hygiene.
CONCERN
(D)
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, staff interview, and facility policy review, the facility failed to ensure food items in the cooler and freezer were wrapped, covered, and dated and ensure serving bowls were cle...
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Based on observation, staff interview, and facility policy review, the facility failed to ensure food items in the cooler and freezer were wrapped, covered, and dated and ensure serving bowls were cleaned appropriately for one (1) of three (3) days of survey.
Findings included:
A review of the facility's policy titled Food Storage: Cold Foods dated 02/2023 revealed, .All Time/Temperature Control for Safety (TCS) foods, frozen and refrigerated, will be appropriately stored . Procedures . 5. All foods will be stored wrapped or covered in containers, labeled and dated .
A review of the facility's policy titled Ware Washing, dated 02/2023 revealed, .All dishware, serviceware, and utensils will be cleaned and sanitized after each use .
On 03/11/2025 at 8:43 AM, during an observation of the kitchen and interview with Dietary Manager (DM) #1 revealed: Walk-In Cooler #1, there was an opened cheesecake box, which did not indicate the date opened, and the cheesecake was not fully wrapped or covered in the container. In Freezer #1, an opened frozen mixed vegetables container and an opened box of beef patties were not fully wrapped or covered in the containers and were exposed. Dried and stuck-on food residue was observed on serving bowls that were considered washed. The DM stated that these dishes were washed and stacked by the night shift.
On 03/12/2025 at 12:35 PM, during an interview, Dietary Aide (DA) #4 confirmed the importance of ensuring plates and dishes are cleaned and sanitized to prevent residents from becoming sick.
On 03/13/2025 at 2:40 PM, during an interview, the Administrator stated that her expectation is that kitchen staff prepare, store, label, and date foods according to facility policy.
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, interviews, record review, and facility policy review, the facility failed to maintain proper infection control practices by failing to prevent cross-contamination of perineal wi...
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Based on observation, interviews, record review, and facility policy review, the facility failed to maintain proper infection control practices by failing to prevent cross-contamination of perineal wipes during perineal care for one (1) of four (4) residents observed. Resident #58.
Findings included:
A review of the facility's policy titled Perineal Care, revised 04/16/2024, revealed, .The purposes of this procedure are to provide cleanliness and comfort to the resident . to prevent infections and skin irritation .
On 03/13/2025 at 9:18 AM, during an observation of perineal care of Resident #58, Certified Nursing Assistant (CNA)#3, assisted by CNA #5, gathered supplies, sanitized her hands, and donned gloves. CNA #3 removed six (6) premoistened wipes from the pack and used the wipes to clean the front area of the resident. The resident was assisted to her left side and then CNA #3 pulled six (6) additional wipes from the pack, touching the package with contaminated gloves, and then continued perineal care in the buttocks area. Resident #58 had a bowel movement during care and CNA #3's gloves were visibly soiled with feces. CNA #3 pulled six (6) more wipes from the pack, touching the package with visibly soiled gloves. CNA #3 then removed her soiled gloves, sanitized hands, applied clean gloves, and then pulled more wipes from the pack to continue cleaning the resident.
On 03/13/2025 at 9:33 AM, during an interview, CNA #3 stated she improperly removed wipes during care. She confirmed she contaminated the wipes container by pulling more wipes from the pack with soiled gloves.
On 03/13/2025 at 11:36 AM, during an interview, the Risk Manager (RM)/Infection Preventionist (IP) stated that CNA #3 contaminated the wipes each time she pulled them from the pack with dirty gloves on.
On 03/13/2025 at 1:57 PM, during an interview, the Director of Nursing (DON) stated CNA #3 should have pulled enough wipes from the container before beginning care. The DON confirmed there was potential for contamination and possible infection.
A record review of the admission Record revealed the facility admitted Resident #58 on 11/02/2021 with diagnoses including Unspecified Dementia.
A record review of the Quarterly Minimum Data Set (MDS) with an Assessment Reference Date (ARD) of 01/28/2025 revealed Resident #58 had a Brief Interview for Mental Status (BIMS) score of 15, which indicated the resident was cognitively intact. Section GG revealed the resident requires partial to moderate assistance with toileting.
A record review of the facility's Perineal Care Check List, dated 8/22/24, revealed CNA #3 received training and performed a return demonstration regarding perineal care.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0558
(Tag F0558)
Could have caused harm · This affected multiple residents
Based on observation, interview, record review, and facility policy review, the facility failed to ensure the resident's right to reasonable accommodation as evidenced by a call light that was not wit...
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Based on observation, interview, record review, and facility policy review, the facility failed to ensure the resident's right to reasonable accommodation as evidenced by a call light that was not within reach for one (1) of twenty-one (21) sampled residents, Resident #39.
Findings included:
A review of the facility's policy titled Resident Call System, dated 3/28/23, revealed, . Residents are provided with a means to call staff for assistance . Policy Interpretation and Implementation 1. Each resident is provided with a means to call staff directly for assistance .
On 03/11/2025 at 11:38 AM, during an observation, Resident #39's call light was observed draped over a shelf and out of reach. Certified Nurse Aide (CNA) #1 confirmed the call light was not within reach of Resident #39.
On 03/12/2025 at 10:08 AM, during an interview, Licensed Practical Nurse (LPN) #1 stated that call lights are supposed to be left within reach of the resident after each visit, and that CNAs are expected to make rounds every two (2) hours.
On 03/13/2025 at 8:51 AM, during an interview, CNA #2 stated that on every visit to a resident's room, CNAs are trained to ensure the resident is comfortable, the call light is within reach, and that the resident does not need anything else. CNA #2 further explained the importance of answering call lights quickly to ensure residents receive the help they need.
On 03/13/2025 at 2:40 PM, during an interview, the Administrator stated that staff are expected to have the call light within reach and to answer call lights in a timely manner.
On 03/13/2025 at 2:45 PM, during an interview, the CNA Supervisor stated that staff completed in-services in February 2025 and that call light procedures are reviewed at orientation, quarterly, and as needed. The CNA Supervisor confirmed that CNAs are expected to leave call lights within reach of residents before exiting the room.
On 03/13/2025 at 3:21 PM, during an interview, the Director of Nursing (DON) stated that CNAs are expected to leave call lights within reach of residents upon exiting the room and to answer call lights in a timely manner.
A record review of the admission Record revealed the facility admitted Resident #39 on 12/12/2021 and he had current diagnoses including Hemiplegia and Hemiparesis Following Cerebral Infarction Affecting Right Dominant Side.
A record review of Resident #39's Quarterly Minimum Data Set (MDS) with an Assessment Reference Date (ARD) of 12/27/2024 revealed the resident required a staff interview to assess cognition and his cognition was severely impaired.
A review of the facility's In-service Training with a subject of answering call lights in a timely manner, dated 02/27/2025 revealed the facility staff received education to . Make sure call lights are always within reach of your Residents every time you enter and exit the room .
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
Safe Environment
(Tag F0584)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interviews, record review, and facility policy review, the facility failed to ensure the residents' right ...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interviews, record review, and facility policy review, the facility failed to ensure the residents' right to a comfortable, homelike environment related to the facility being an uncomfortably cold temperature for five (5) of 21 sampled residents, with the potential to affect all 99 residents in the facility. Residents #82, Resident #43, Resident #45, Resident #5, and Resident # 34.
Findings included:
A review of the facility's policy titled Resident Rights, revised April 2017, revealed, .Residents shall .r. Live in a physical environment which ensures their physical and emotional security and well-being .
Resident #82
On 03/11/2025 at 9:30 AM, during an interview and observation, the room was cold and Resident #82 stated that it is always cold in her room. She was observed wearing long sleeves, a blouse, a jacket, and was covered with a blanket.
A record review of the admission Record revealed the facility admitted Resident #82 on 06/07/2024 with current diagnoses including Alzheimer's Disease with Late Onset.
A record review of the Quarterly Minimum Data Set (MDS) with an Assessment Reference Date (ARD) of 01/13/2025 revealed Resident #82 had a Brief Interview for Mental Status (BIMS) score of 15, which indicated the resident was cognitively intact.
Resident #43
On 03/11/2025 at 10:48 AM, during an observation and interview, Resident #43 complained about the cold temperature in his room. The resident had two blankets on his bed, while two additional blankets were folded on his roommate's bed. Resident #43 stated it was always too cold in his room.
On 03/11/2025 at 2:35 PM, Resident #43's family member confirmed that his father consistently complains about being cold, and that both his father and the roommate have jackets and extra blankets.
A record review of the admission Record revealed the facility admitted Resident #43 on 06/10/2024 with current diagnoses including Chronic Diastolic (Congestive) Heart Failure.
A record review of the Quarterly MDS with an ARD of 12/18/2024 revealed Resident #43 had a BIMS score of 3, which indicated severe cognitive impairment.
Resident #45
On 03/11/2025 at 9:41 AM, Resident #45 was observed sitting in the hallway wearing a jacket. Resident #45 reported that his room is always too cold, which is why he wears his jacket and stays in the hallway.
A record review of the admission Record revealed the facility admitted Resident #45 on 11/18/2021 with current diagnoses including Peripheral Vascular Disease.
A record review of the Quarterly MDS with an ARD of 11/29/24 revealed Resident #45 had a BIMS score of 15, which indicated the resident was cognitively intact.
Resident #5
On 03/11/2025 at 2:25 PM, in an observation and interview, Resident #5 reported that her room is cold. She was observed wearing a gown and a thick robe near the window and the room was cold.
A record review of the admission Record revealed the facility admitted Resident #5 on 05/11/2022 with current diagnoses including Unspecified Dementia.
A record review of the Quarterly MDS, with an ARD of 12/16/2024 revealed Resident #5 had a BIMS score of 9, which indicated moderate cognitive impairment.
Resident #34
On 03/11/2025 at 11:18 AM, during an observation and interview, Resident #34's room was cold. The resident had placed a sheet in the window to block the draft and reported that his room is normally cold, especially after showers. The resident stated that staff informed him the facility has to remain cold.
A record review of the admission Record revealed the facility admitted Resident #34 on 10/18/2024 with current diagnoses including Acute and Chronic Respiratory Failure with Hypoxia.
A record review of the Quarterly MDS with an ARD of 1/17/2025 revealed Resident #34 had a BIMS score of 15, which indicated the resident was cognitively intact.
On 03/11/2025 at 3:12 PM, temperatures were checked in multiple rooms after residents complained about feeling cold. The following temperatures were observed: Resident #5's room at 3:15 PM measured 67.5 degrees (°) Fahrenheit (F); Resident #82's room at 3:20 PM measured 69°F; Resident #34's room at 3:23 PM measured 65°F; Resident #43 and Resident #45's room at 3:26 PM measured 65.5°F. The Maintenance Director confirmed that thermostats were set at 72°F on the cool setting.
On 03/11/2025 3:30 PM, during an interview, the Maintenance Director stated that he typically keeps the thermostats set at 72°F, but adjustments are made based on resident complaints. He explained that maintaining consistent temperatures is difficult due to varying preferences, building layout, and vent placement. He also mentioned that an igniter malfunctioned in January 2025 on one of the halls and took three days to repair.
On 03/12/2025 10:50 AM, during an interview the Administrator stated that she believed the facility usually meets the federal requirement of 71°F but acknowledged that the building's age, traffic patterns, and vent placements can affect room temperatures.
On 03/12/2025 at 3:00 PM, during an interview, Certified Nurse Aide (CNA) #10 stated that rooms 34, 35, 36, and 37 are always cold and that blankets are placed in the windows to block the cold air. CNA #10 confirmed that residents frequently complain about the cold and that staff provide extra blankets.
On 03/12/2025 at 3:45 PM, during an interview, Licensed Practical Nurse (LPN) #1 stated that rooms near doors throughout the facility have always been colder than other rooms. LPN #1 confirmed that residents frequently complain, and that staff provide extra blankets and block window drafts with blankets. She confirmed that maintenance and management have been informed of the issue.
On 03/12/2025 at 3:50 PM, during an interview with LPN #2 revealed that about one (1) or two (2) residents on each hall occasionally complain about the cold, but staff typically notify maintenance and provide residents with extra blankets or jackets.
On 03/12/2025, at 3:55 PM, during an interview with CNA #9 revealed that some residents occasionally complain about cold rooms, but maintenance usually addresses complaints within approximately 30 minutes, and staff provide extra blankets as needed.
On 03/13/2025 at 10:47 AM, the Maintenance Director verified room temperatures again. The temperatures were as follows: Resident #5's room was measured at 70.5°F; Resident #82's room at 71°F; Resident #43 and Resident #45's room at 70°F; Resident #34's room measured 70.5°F by the door and 67.5°F by the window; room [ROOM NUMBER] measured 69.5°F. Thermostats were set at 74°F on the cool setting.