CRITICAL
(J)
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 interview, and record review, the facility failed to follow its policies and procedures to ensure residents were free f...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview, and record review, the facility failed to follow its policies and procedures to ensure residents were free from sexual abuse. The facility failed to assess residents to determine risks, including capacity to consent to sexual contact. The failure impacted one resident (Resident #126) who was assessed to have impaired cognitive function related to Alzheimer's and dementia. Twice the resident was found unclothed, in a bed with a resident assessed as cognitively intact (Resident #205), who was also unclothed, and once was found on top of Resident #126. The failure also impacted one unknown resident, when Resident #290, a resident with a diagnosis of dementia with behavioral disturbances, was found on top of him/her in bed. The deficient practice also impacted two closed record sampled residents, including Resident #289 who had a diagnosis of dementia with behavioral disturbances, a history of aggressive sexual advances towards others residents (including Resident #203) by trying to touch them, kiss them, and make graphic sexual comments to them. Lastly, the facility failed to ensure an unidentified resident was not sexually abused by Resident #222, who had severe cognitively impairment. An unknown resident reported Resident #222 took all of his/her clothes off and touched the resident on the chest and genital areas. Resident #222 admitted to taking an unidentified resident's brief off. A sample of 37 residents and six closed records were reviewed. The facility census was 250 residents.
The Administrator was notified on 12/8/21 at 3:40 P.M. of an Immediate Jeopardy (IJ) which began on 12/6/21. The IJ was removed on 12/9/21 as confirmed by surveyor onsite verification.
Record review of the facility's Resident Rights policy, dated 8/11, in the undated facility admission packet showed that residents should not be subjected to physical, verbal, sexual, emotional and mental harm or abuse.
Record review of the facility's Sexual Intimacy policy, dated 8/16, showed:
-When residents with dementia (a progressive organic mental disorder characterized by chronic personality disintegration, confusion, disorientation, stupor, deterioration of intellectual capacity and function, and impairment of control of memory, judgment, and impulses) or impaired cognition express their sexuality by engaging in intimate and/or sexual behavior with another resident, the facility has an obligation to the residents involved, their designated responsible parties, and staff to assess the residents' abilities to consent and participate in sexual intimacy to avoid negative outcomes and maintain protective oversight.
-The definition of capacity: the ability to understand the nature and effect of one's acts in a specific moment in time; an individual may have capacity in one area and not in another.
-The definition of competency: refers to global function in making personal decisions across a wide range of domains; a legal finding conducted to allow the court to determine an individual's mental capacity.
-The definition of intimacy: expression of the natural desire for people to be connected. Physical closeness includes physical touching, such as nonsexual touching, hugging and caressing. Intimacy is not a synonym for sex; however sexual activity frequently occurs within an intimate relationship.
-The definition of protective oversight: 24 hour a day awareness of the location of the resident, ability to intervene on behalf of the resident, supervision of all aspects of care and responsibility for the welfare of the resident except when the resident is on voluntary leave.
-The definition of sexual abuse: subjecting another person to sexual contact by force. It includes, but is not limited to sexual harassment, coercion and assault.
-Each resident has the right to fulfill his/her need to have social interactions with other people as they wish, unless having the relationship is clinically contraindicated based upon a documented assessment.
-Residents will be assessed to determine their capacity to consent to engage in sexual activity, as appropriate, if they suffer from dementia or impaired cognition.
-Residents are presumed to have the capacity to consent, absent evidence to the contrary based upon physical and psychological assessments.
-Residents have the right to be protected from nonconsensual physical contact of a sexual nature which does not necessarily involve sexual intercourse.
-The form in Appendix A, Sexual Intimacy History Assessment, is to be completed upon admission.
-When residents are found engaging in some type of sexual contact when they have not been assessed for their ability to consent staff must respond by following the Abuse and Neglect policy; notifying the Administrator, Director of Nursing or his/her designee, residents' physicians and responsible parties for each of the residents; completing an investigation; and documenting an account of the incident and investigation.
-Residents who have a diagnosis of dementia or another form of cognitive impairment will be assessed utilizing the Sexual Consent Assessment form in Appendix B of this policy.
-Nursing staff will notify the residents' responsible parties of an encounter as soon as possible when the Assessments and care planning process have not been initiated.
-Residents who have questionable ability to consent to sexual expression have the right to an assessment to evaluate their competence in making such a decision and, when necessary, for their responsible party to be involved in decisions about their sexual expression.
-Interdisciplinary Team (IDT) meetings including each resident and his/her responsible party separately should be scheduled no later than 72 hours from the initial notification of the DON (Director of Nursing) and social services staff.
-The IDT meeting should include a discussion involving a determination of the residents' past values and if the relationship is consistent with life-long values; a determination regarding whether past values fully apply in the present situation; a determination, based upon current levels of cognition, if the residents involved have the same rights to privacy and free association as other residents who have no cognitive impairments; a determination regarding the extent that others should be allowed to make decisions about this relationship; a determination if each resident is capable of entering into a relationship without coercion; and the results of the Sexual Consent Assessment will be utilized in further decision-making and care planning.
-The facility shall provide initial staff orientation and on-going staff training regarding intimacy and/or sexual expression as well as sensitivity awareness about residents' sexual rights, sexual abuse, and staff responsibilities.
-The facility shall obtain consultation regarding intimacy and/or sexual expression in cases that are considered to be complex or controversial.
Record review of the facility's Abuse Prevention Program policy, dated 3/18, showed:
-The facility affirms the right of their residents to be free from abuse (verbal, mental, sexual, or physical) and prohibits acts of abuse against its residents.
-Sexual abuse is defined as non-consensual sexual contact of any type with a resident.
-Prevention of abuse will include facility assessment to determine risks that contribute to abusive situations; resident assessment to ensure person-centered care approaches are individualized and communicated to facility staff; and a review of incident patterns to ensure resident safety.
1. Record review of Resident #126's face sheet showed he/she was admitted to the facility on [DATE] with the following diagnoses:
-Alzheimer's Disease (a slowly progressive disease of the brain that is characterized by impairment of memory and eventually by disturbances in reasoning, planning, language, and perception).
-Major Depressive Disorder (a state of intense sadness or despair that has advanced to the point of being disruptive to an individual's social functioning and/or activities of daily living).
-Dementia.
-Generalized Anxiety Disorder (a psychiatric disorder causing feelings of persistent anxiety).
-Cognitive Communication Deficit.
Record review of the resident's medical record showed no documentation a Sexual Consent Assessment was completed.
Record review of the resident's care plan, dated 8/18/20 with the last update on 11/23/21, showed:
-The resident was dependent on staff for meeting emotional, intellectual, physical, and social needs.
-The staff should allow the resident to make simple decisions about his/her care and clothes to provide a sense of control.
-The resident was an elopement risk/wanderer related to diagnosis of Alzheimer's Disease and the goal was that the resident's safety would be maintained through the review date.
-The resident had a communication problem due to his/her dementia related to a diagnoses of Alzheimer's Disease and the goal was that the resident would be able to make basic needs known using simple words and answer simple yes/no questions.
-The resident had impaired cognitive function related to Alzheimer's and Dementia.
Record review of the resident's admission Minimum Data Set (MDS-a federally mandated assessment tool used by facility staff for care planning), dated 8/20/20, showed he/she:
-Was severely cognitively impaired with a BIMS (brief interview for mental status) of six out of 15.
-Did not have behaviors such as abusing others sexually, pacing, rummaging, public sexual acts, or disrobing in public.
-Behaviors did not put the resident at risk for illness or injury and did not impact others.
-Did wander 1 - 3 days during the look back period.
-Wandering did not put the resident at risk.
Record review of the resident's Behavior Notes, dated 9/1/20, showed:
-The resident was found with an unidentified resident on top of him/her in another resident's room.
-The resident said the other resident just touched his/her chest and tried to remove an article of clothing.
-The residents were separated and he/she was escorted out of the room and placed on 15 minute checks.
-No injuries were sustained.
-The house supervisor and the physician were notified. A message was left for the residents' responsible parties.
Record review of the resident's incapacity letter, dated 9/15/20, showed:
-The resident's physician (Physician A) signed the letter, which stated the resident is unable to receive and evaluate information or communicate decisions to such an extent that he/she even with appropriate services and assistive technologies, lacks capacity to manage essential requirements for food, clothing, shelter, safety, or other care; such that serious physical injury, illness or disease is likely to occur, and to such an extent that he/she lacks the ability to manage financial resources without supervision or assistant.
-The letter also stated it is the resident's physician's opinion that the power of attorney for the resident should be allowed to serve in that capacity to meet his/her needs.
Record review of the resident's behavior note, dated 11/27/21 at 8:45 P.M., showed:
-Resident #126 was found undressed and in bed with Resident #205, who was also naked.
-The resident resisted but did go back to his/her room.
-The DON was notified and the resident's family was called with a message left.
-Resident refused skin assessment, but staff reported no issues when he/she was getting dressed.
-The resident was pacing around the halls trying to get back to the other resident's room. Staff redirected the resident.
Record review of the undated facility investigation of the 11/27/21 incident showed:
-The investigation included a soft file check list which included a face sheet, Physician Order Sheet (POS), nurses notes, care plan, incident report, witness statements, resident interviews, skin assessment, lab or X-Ray if applicable, most recent BIMS - redo if a change, wander risk if applicable, summary, documentation of follow up actions if applicable (therapy evaluation, psychiatric (psych) referral, etc.), and any other applicable documents (grievance forms, resident council minutes, etc.)
--Witness statements and resident interviews were highlighted with a note beside the resident interviews for the Social Services Designee (SSD) to do an intimacy assessment.
--Documentation of follow up actions had a notation beside it that was highlighted for 15 minute checks.
-An updated care plan for the resident, dated 11/30/21, showed the resident had a consensual relationship with another resident and both residents were agreeable and consenting to the relationship.
-A sexual intimacy history for the resident, dated 11/30/21, showed the resident identified Resident #205 as a person he/she was in a relationship with.
-No documentation a Sexual Consent Assessment was completed per facility policy, although the resident had diagnoses including Alzheimer's disease, dementia, and Cognitive Communication Deficit.
Record review of 15 minute check sheets from 11/27/21 through 12/3/21 showed:
-The 15 minute checks started on 11/27/21 at 7:00 P.M.
-There were no initials on 11/28/21 at 6:30 A.M. and 6:45 A.M.
-The 15 minute checks were completed through 11/30/21.
-The 15 minute checks resumed on 12/1/21 at 10:30 P.M. with no documentation as to why and ended on 12/3/21 at 6:30 A.M.
Record review of the resident's care plan, dated 11/30/21, showed the resident had a consensual relationship with another resident and both residents were agreeable and consenting to the relationship.
Record review of the resident's social services note, dated 11/30/21, showed:
-SSD A spoke with the resident's family member concerning the incident over the weekend involving the resident.
-The resident's family member stated as long as there was no harm and the resident agreed with the contact from the other resident, he/she had no concerns.
-The resident's family member spoke about resident dating life and laughed and told jokes.
Record review of the resident's Sexual Intimacy History, dated 11/30/21, showed:
-The resident answered yes to the following questions:
--Are you comfortable giving or receiving affection such as a soothing touch, hug, or a kiss?
--Are you accustomed to sleeping alone in bed?
--Are you currently involved in a relationship?
--Are you seeking to have a relationship with someone in the facility? If so, explain. The form indicated Resident #205.
-The resident answered no to the following questions:
--Do you have any concerns regarding your interactions with this person. If so, explain.
--Any known history of abuse, mistreatment, or trauma: sexual, physical, emotional, verbal.
--Do you have any known history of sexually transmitted infections?
-The resident did not have a Sexual Intimacy History prior to 11/30/21.
-No documentation a Sexual Consent Assessment was completed per facility policy, although the resident had diagnoses including Alzheimer's Disease, dementia, and Cognitive Communication Deficit.
Record review of the resident's behavior note, dated 12/4/21 at 12:20 A.M., showed:
-The resident was found in bed with a resident.
-The resident was half way naked and the other resident was naked.
-The resident was asked to put his/her top on and was escorted to his/her room.
-The supervisor was notified.
During an observation and interview with the resident on 12/6/21 at 2:15 P.M., showed:
-The resident had a hold of Resident #237's hand and attempted to pull him/her to his/her room.
-The resident said Resident #237 was his/her boyfriend/girlfriend.
-Resident #126 did not know Resident #237's name.
-The resident eventually released Resident #237's hand and went to his/her room.
-He/She said he/she did not remember going into another resident's room or another resident coming into his/her room.
-He/She did not recall being undressed or in bed with another resident.
During an interview on 12/6/21 at 2:20 P.M., Certified Medication Technician (CMT) B said the resident wanders into everyone's rooms, and staff have to redirect him/her frequently.
During an interview on 12/6/21 at 5:20 P.M., the resident's family member said:
-The facility staff called him/her and said his/her family member was found in a room with a member of the opposite sex, but that it was an innocent interaction.
-He/She said the staff told him/her the resident was able to recall the entire interaction, which he/she thought was strange due to the resident's dementia and the resident not able to recall or remember certain family members.
-He/She said it was ok as long as his/her family member was not harmed, he/she wanted the resident to have friends at the facility.
-He/She was not aware the resident and the resident he/she was found with were undressed at the time.
-The resident would not have consented to this before his/her dementia and would not have done something like this prior to his/her dementia.
-The resident did not have the cognitive ability to consent to an intimate relationship and he/she believed the resident would not have wanted that kind of contact if he/she had the ability to make decisions.
-He/She was contacted about a similar situation about six months ago, but to his/her knowledge it was also an innocent interaction and the residents were fully dressed.
-He/She was not aware of any other situations with the resident being in other resident rooms, being undressed, or being found in bed with members of the opposite sex.
During an interview on 12/07/21 at 8:48 A.M., Social Services Designee (SSD) A said:
-He/she went to an Inter-Disciplinary Team (IDT) meeting about the event on 11/26/21, which included the DON, Assistant Director of Nursing (ADON), and he/she could not remember who else was present.
-He/she was told Resident #126 needed an assessment but the situation wasn't specified. He/she read about it in the nurse's notes.
-Nursing attempted to contact the resident's family members the same day of the event, but neither family responded that day.
-He/she called Resident #126's next of kin the following day and told the next of kin the resident was found under the covers, undressed, with another resident of the opposite sex.
-Resident #126 had an inactive Durable Power of Attorney (DPOA) because it was missing signatures, but the DPOA only addressed finances.
-He/she was not aware of any attempts to obtain DPOA for any reason other than finances.
-Resident #126's DPOA reacted normal when told of situation, spoke of Resident #126's history, laughed and joked.
-The DPOA said Resident #126 could have a significant other.
-He/she was only aware of the sexual behaviors on 11/26/21.
-The two residents involved referred to each other as girlfriend/boyfriend.
-Resident #126 has a history of wandering.
2. Record review of Resident #205's face sheet showed he/she was admitted to the facility on [DATE] with the following diagnoses:
-Alzheimer's Disease.
-Dementia.
-Anxiety Disorder.
-Depression.
-Bipolar Disorder (A disorder associated with episodes of mood swings ranging from depressive lows to manic highs).
Record review of the resident's care plan, dated 10/7/19, and updated on 10/1/21 showed the resident was an elopement risk/wanderer related to impaired cognition.
Record review of the resident's quarterly MDS, dated [DATE], showed the resident:
-Was cognitively intact, with a BIMS of 14 out of 15.
-Did not have behaviors such as abusing others sexually, public sex acts, or disrobing publicly.
-Did not have behaviors that impacted self or others.
-Did not wander.
Record review of the resident's behavior note, dated 11/27/21, showed:
-The resident was found in a another resident's room.
-The resident was undressed in bed with Resident #126, who was also naked.
-The resident resisted but did go to his/her room.
-The resident was already on 15 minute checks when this incident occurred.
-The DON was notified and the resident's family was called with a message left.
-No documentation the resident's physician was notified or that the facility staff made contact with the resident's DPOA.
Record review of 15 minute check sheets from 11/27/21 through 12/3/21 showed:
-The 15 minute checks started on 11/27/21.
-There were two sheets for 11/27/21.
-One sheet showed 15 minute checks starting at 7:15 A.M. and the other sheet showed 15 minute checks starting at 3:30 A.M.
-The sheet showing the 15 minute checks starting at 7:15 A.M. was missing initials at 12:45 P.M., 1:00 P.M., 1:15 P.M., 1:30 P.M., and 1:45 P.M.
-There were no initials on 11/28/21 at 6:30 A.M. and 6:45 A.M.
-The 15 minute checks were completed through 11/30/21.
-The 15 minute checks resumed on 12/2/21 at 6:30 A.M. with no documentation as to why and ended on 12/3/21 at 6:30 A.M.
Record review of the undated investigation of the 11/27/21 incident showed:
-The investigation included a soft file check list which included a face sheet, POS, nurses notes, care plan, incident report, witness statements, resident interviews, skin assessment, lab or X-Ray if applicable, most recent BIMS - redo if a change, wander risk if applicable, summary, documentation of follow up actions if applicable (therapy evaluation, psychiatric (psych) referral, etc.), and any other applicable documents (grievance forms, resident council minutes, etc.)
--Witness statements and resident interviews were highlighted with a note beside the resident interviews for the SSD to do an intimacy assessment.
--Documentation of follow up actions had a notation beside it that was highlighted for 15 minute checks.
-An updated care plan for the resident dated 11/30/21 showed the resident had a consensual relationship with a resident of the opposite sex and both residents were agreeable and consenting to the relationship.
-A sexual intimacy history for the resident dated 11/30/21 showed Resident #126 was the resident identified that he/she was having a relationship with.
- No documentation a Sexual Consent Assessment was completed per facility policy, although the resident had diagnoses including Alzheimer's Disease and dementia.
Record review of the resident's care plan, dated 11/30/21, showed the resident had a consensual relationship with another resident and both residents were agreeable and consenting to the relationship.
Record review of the resident's Sexual Intimacy History, dated 11/30/21, showed:
-The resident answered yes to the following questions:
--Are you comfortable giving or receiving affection such as a soothing touch, hug, or a kiss?
--Are you accustomed to sleeping alone in bed?
--Are you currently involved in a relationship?
--Are you seeking to have a relationship with someone in the facility? If so, explain. The form indicated Resident #126.
-The resident answered no to the following questions:
--Do you have any concerns regarding your interactions with this person. If so, explain.
--Any known history of abuse, mistreatment, or trauma: sexual, physical, emotional, verbal.
--Do you have any known history of sexually transmitted infections?
-The resident did not have a Sexual Intimacy History prior to 11/30/21.
Review of the resident's behavior note, dated 12/4/21, showed:
-The resident was found lying on his/her bed with a resident of the opposite sex (Resident #126).
-The resident had no brief on and the other resident had no top on.
-The other resident was redirected to his/her bedroom and the house supervisor was notified.
During an interview on 12/6/21 at 1:41 P.M., Resident #205 said:
-He/she wished he/she had a significant other there.
-He/she and a resident were friends, but they ran his/her friend right out of his/her room.
-The facility didn't let them have time alone together.
-That's why he/she was ready to get out of there.
-He/she didn't have a significant other he/she sees on a regular basis.
-They frowned upon that there.
-The unknown resident lived in the facility too.
-He/she didn't know the last name of the resident or where the resident lives in the facility.
-He/she didn't sneak into the other resident's room, because he/she didn't want to get in trouble.
-Nobody other than staff and his/her roommate came into his/her room.
3. During an interview on 12/8/21 at 10:33 A.M., CNA U said:
-A couple of weeks ago, Resident #126 was found in bed with Resident #205.
-He/She was not sure which staff found the residents, but when he/she arrived to the room, both residents were fully naked in the bed with the blanket over them.
-Resident #205 was leaning over the top of Resident #126, who was laying on his/her back on the bed), kissing Resident #126.
-He/She separated the residents and had them get dressed.
-They were not in either one of their rooms, but in the room and bed of another resident on the unit.
-The roommate of the bed the residents were in yelled out that a member of the opposite sex was in his/her room.
-That was when the other CNA working that day found the residents in another resident's bed.
-The CNA that found them left them in the room together to come get him/her, and that was when he/she arrived to the room to separate the residents.
-Resident #205 had also been seen approaching another resident, but that resident was able to tell him/her no.
-Apparently Resident #205 was supposed to be on 15 minute checks prior to the incident, but that was not communicated to him/her or the other CNA that found the residents that shift.
-He/She and the other CNA were agency staff and did not always get the information on how to care for the residents.
During an interview on 12/8/21 at 4:50 P.M., CNA K said:
-He/she had seen Resident #205 coming up the hall around 9:30 P.M. or 10:00 P.M., but could not remember the date.
-A CMT had told Resident #205 he/she could sit on the couch.
-He/she could not locate Resident #126 later and found him/her in Resident #205's room.
-He/she did a room to room search and he/she saw four feet at the end of the bed.
-Resident #126 was in Resident #205's bed and neither of the residents had any clothes on.
-He/she believed the residents heard him/her coming because Resident #126 rolled over, grabbed a shirt, and covered his/her chest area.
-Resident #205 was on the inside of the bed on his/her side and Resident #126 was on the outer side of the bed.
-He/she asked what they were doing and Resident #126 started cussing him/her out and screaming to get out, and it was none of my business.
-Resident #205 was naked, uncovered, and was visibly aroused.
-He/she went to get the CMT on duty, but the CMT did not do anything.
-There was no charge nurse available.
-Another CNA came and helped get Resident #126 and take him/her out of the room.
-He/she figured they would do an incident report and request a witness statement, but no one ever asked him/her to write one.
-There was no licensed nurse to assess the residents at that time.
-No one called the house supervisor and the residents were never assessed.
During an interview on 12/6/21 at 11:45 A.M., the DON said:
-It was his/her understanding that Resident #126 was found in Resident #205's room on 11/27/21.
-It was his/her understanding that Resident #126's family gave permission for the resident to be sexually intimate with Resident #205.
During an interview on 12/6/21 at 12:56 P.M., CMT B said:
-Resident #126 loved going into other residents' rooms.
-They brought Resident #126 into the common area to watch a movie or to do an activity with him/her when he/she went into other residents' rooms.
-They charted Resident #126's wandering on the MAR.
-Resident #126 was the only resident who wandered from room to room.
-They placed Resident #205 on 15 minutes check for the incident on 12/4.
-The nurse had the 15 minute check documents.
-He/she thought they were still doing the 15 checks.
During an interview on 12/06/21 at 1:09 P.M., Licensed Practical Nurse (LPN) B said:
-He/she worked in all the units so he/she wasn't in this unit all the time.
-Resident #126 had inappropriate sexual behaviors.
-He/she tried to kiss another resident one time but they stopped it.
-Someone placed Resident #126 on 15 minutes checks, but he/she thought those had been completed.
-Someone also placed Resident #205 on 15 minute checks.
-He/she had not experienced Resident #205 having any sexual behaviors.
-He/she only heard about Resident #126's sexual behaviors.
-If staff knew about any sexually inappropriate behaviors, staff should have told the DON and documented it somewhere.
During an interview on 12/6/21 at 1:14 PM., CMT A said:
-He/she had worked on the other side of the Secure Care Unit (SCU).
-He/she did care for Resident #126 at times and knew this resident.
-He/she had to keep re-directing Resident #126 out of other residents rooms.
-Resident #126 would say he/she was going to go to bed with another resident and had to be re-directed.
-Resident #126 was cognitively impaired.
-He/she was not aware of sexual behaviors of the resident.
-If he/she had found two residents together unclothed in bed, he/she would have the residents get dressed and report this to the charge nurse so the information could be documented in the medical record.
-He/she did not think this would be sexual abuse and would be a behavior.
During an interview on 12/6/21 at 1:15 P.M., CNA D said:
-He/she worked the whole floor.
-He/she worked for an agency.
-He/she didn't know of any residents with sexually inappropriate behaviors.
-Resident #126 wandered into others' rooms.
-They just redirected him/her.
-He/she told the charge nurse.
-He/she documented the wandering in the Point of Care (POC) under the resident.
-He/she would inform the charge nurse of any sexually inappropriate behaviors if he/she observed any.
-He/she worked there for the past three weeks and nobody had told him/her anything about residents having relations or trying to have relations with each other.
-Residents did occasionally wander into other rooms, but when that happened the residents were redirected.
-If a resident exhibited sexually inappropriate behaviors he/she would have informed the charge nurse and documented in the computer health record under resident behaviors.
During an interview on 12/06/21 01:36 P.M., CNA G said:
-Resident #126 liked to go in resident rooms and kiss other residents.
-If he/she were to find residents in an inappropriate sexual situation, he/she would notify the nurse, do 15 minute checks, and chart the sexual behavior.
-Resident #126 had been on 15 minute checks frequently because of his/her sexual behaviors.
-Resident #126 liked to go into other resident's rooms but was easily redirected.
-Resident #126 just likes to kiss and caress residents of the opposite sex.
During an interview on 12/06/21 at 1:41 P.M., CMT B said:
-Resident #205 did not have a significant other at the facility.
-He/she was friends with a resident of the opposite sex.
-The facility does not allow the resident's to spend time alone with each other.
-The family must approve of any residents being in a relationship.
-Residents must be in a relationship prior to progressing it to a sexual relationship.
-The only residents in the facility that were in a relationship were a married couple.
During an interview on 12/6/21 at 1:46 P.M., SSD A said:
-There was a situation that occurred with Resident #205 and his/her boyfriend/girlfriend, Resident #126.
-Over a weekend, the residents were both found undressed in bed together.
-He/she found this information out when he/she came in on Monday morning.
-He/she asked Resident #126 if he/she was forced
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0637
(Tag F0637)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** 1. Record review of Resident #146's face sheet showed he/she was admitted to the facility on [DATE] with the following diagnoses...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** 1. Record review of Resident #146's face sheet showed he/she was admitted to the facility on [DATE] with the following diagnoses:
-Congestive Heart Failure (CHF - a serious condition in which the heart doesn't pump blood as efficiently as it should).
-Presence of Cardiac pacemaker.
-Unspecified Dementia (a progressive organic mental disorder characterized by chronic personality disintegration, confusion, disorientation, stupor, deterioration of intellectual capacity and function, and impairment of control of memory, judgement, and impulses) with behavioral disturbances.
-Unspecified Psychosis not due to a substance or known physiological condition.
-Major Depressive Disorder (a mental disorder characterized by a feeling of profound and persistent sadness or despair and is frequently accompanied by a loss of interest in things that were once pleasurable), recurrent and unspecified.
-Hypertension (high blood pressure).
Record review of the resident's undated Physician Order Summary showed he/she admitted to Hospice (care that focuses on relieving symptoms and supporting patients with a life expectancy of six months or less) for CHF on 06/09/21.
Record review of resident's undated care plan showed the resident:
-Requested Do Not Resuscitate (DNR) status, and was on Hospice.
-DNR status would be honored;
-DNR upon absence of vital signs;
-End stage disease process.
Additionally, the care plan instructed staff to:
-Keep the resident as comfortable as possible in the final stages of life;
-Assist in all activities of daily living he/she cannot complete;
-Consult chaplain as needed
-Encourage adequate food and fluids but allow to refuse due to comfort issues;
-Give resident/family opportunities to express feelings;
-Hospice to help with bathing, arrange for agreeable schedule;
-Hospice to provide agreed upon supplies, services, medications and treatments;
-Inform Hospice of any concerns;
-Maintained dignity and keep as comfortable as possible;
-Notify Hospice for all medications, treatment, equipment needs and status changes;
-Notify Hospice if pain regimen was not working;
-Notify Hospice of any status changes or needs;
-Speak in soothing words to help relax and decrease anxiety;
-Use pain scale as appropriate. Notify Hospice if current pain medications did not provide needed comfort.
Record review of the resident's significant change MDS, dated on 8/4/21, showed:
-The resident received Hospice services.
-The resident had a condition or chronic disease that may result in a life expectancy of less than six months.
-The resident's significant change MDS occurred more than 14 days after he/she was admitted to Hospice services,
During an interview on 12/13/21 at 2:30 PM., MDS Coordinator A said:
-He/she did all of the MDS updates for the second floor.
-If resident updates were not documented in the ARD, he/she was not aware a significant change.
-He/she talked to staff and assessed residents and used that information to make updates to care plans and when updating MDS.
-The MDS and any significant change MDS should be completed per the required timeframes.
-He/She did not know why a significant change MDS was not completed timely for this resident.
-There have been a lot of changes with the new ownership.
-He/she was in this position for about four months.
During an interview on 12/14/21 at 9:46 A.M., MDS Coordinator B said:
-He/she was made aware of changes or conditions that go on the MDS by the staff in the facility.
-This was done via the 24 hour report, physician orders, from Social Services, and phone calls.
-When a resident went on hospice he/she would get an email from the social worker and it would also be reflected on the resident census.
-When a resident went on Hospice it would trigger a Significant Change MDS assessment to be done.
During an interview on interview on 12/14/21 at 12:04 P.M., the Director of Nursing (DON) said:
-MDS Coordinator read the 24 hour report and any new orders in order to update the MDS.
-He/she expected the MDS to be accurate and up to date.
-MDS's should be completed on time.
-Pay changes, funding source changes would also alert the MDS Coordinator to make updates to the MDS.
Based on interview and record review, the facility failed to complete the significant change in physical or mental condition timely after hospice admission for one sampled resident's (Resident #146) out of 37 sampled residents. The facility census was 250 residents.
Record review of the facility's Minimum Data Set (MDS - a federally mandated assessment instrument completed by facility staff for care planning) Completion and Submission Timeframes, dated 2/2015, showed:
-MDS assessments are conducted and submitted in accordance with current Federal and State submission timeframes.
-The MDS Coordinator or designee is responsible for ensuring that the resident assessments were submitted to the Centers for Medicare and Medicaid (CMS) Quality Improvement Evaluation System (QIES) Assessment Submission and Processing (ASAP) system in accordance with Federal and State guidelines.
-Significant Change in Status Assessments are required to be completed with an Assessment Reference Date (ARD) of 14 calendar days after determination of significant change in status.
-MDS Competition Date was 14 calendar days after determination of significant change in status.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Assessment Accuracy
(Tag F0641)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the facility failed to accurately complete a Significant Change Minimum Data Set (MDS - a ...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the facility failed to accurately complete a Significant Change Minimum Data Set (MDS - a federally mandated assessment tool completed by facility staff for care planning) for two sampled resident (Residents #73 and #71) out of 37 sampled residents. The facility census was 250 residents.
Requested policy on MDS accuracy and no policy received from facility.
1. Record review of Resident #73's Face Sheet showed he/she was admitted to the facility on [DATE] with the following diagnoses:
-Unspecified Atrial Fibrillation (abnormal heart rhythm).
-Type 2 Diabetes Mellitus (a complex disorder of carbohydrate, fat, and protein metabolism that is primarily a result of a deficiency or complete lack of insulin secretion in the pancreas or resistance to insulin) without complications.
-Hyperlipidemia (high levels of lipids in the blood), unspecified.
-Hypertension (high blood pressure).
-Unspecified Dysplasia (presence of abnormal cells within a tissue or organ) of Prostate.
-Major Depressive Disorder (a state of intense sadness or despair that has advanced to the point of being disruptive to an individual's social functioning and/or activities of daily living), Single Episode, Unspecified.
Record review of the resident's physician's orders showed he/she admitted to hospice with a diagnosis of senile degeneration of brain on 9/14/21.
Record review of the resident's undated care plan showed:
-He/she had a terminal prognosis related to senile degeneration of the brain and was on hospice services.
-His/her dignity and autonomy will be maintained at highest level.
-His/her comfort will be maintained.
-Assess his/her coping strategies and respect resident wishes.
-Consult with his/her physician and Social Services to have Hospice care for the resident in the facility.
-Encourage the support system of family and friends.
-Encourage him/her to express feelings, listened with non-judgmental acceptance and compassion.
-Work cooperatively with the hospice team to ensure his/her spiritual, emotional, intellectual, physical and social needs were met.
Record review of the resident's admission MDS, dated [DATE], showed the resident:
-Was on Hospice.
-The resident did not have a condition or chronic disease that may result in a live expectance of less than six months.
2. Record review of the Resident #71's face sheet, printed on 12/14/21, showed:
-The resident had a severe cognitive deficit (intellectual disability causing significant limitations in the ability to learn and function).
-The resident was diagnosed with:
--Dementia (a progressive organic mental disorder characterized by chronic personality disintegration, confusion, disorientation, stupor, deterioration of intellectual capacity and function, and impairment of control of memory, judgement, and impulses).
--Protein-calorie malnutrition (not consuming enough protein and calories. leading to muscle loss, fat loss, and your body not working as it usually).
--Muscle wasting and atrophy (loss of muscle tissue).
Record review of the resident's Physician Order Summary, showed the facility physician admitted the resident into Hospice due to terminal malnutrition on 9/23/21.
Record review of the resident's MDS, significant change updated on 9/29/21, showed:
-The resident was not on Hospice.
-The resident did not have a condition or chronic disease that may result in a live expectance of less than six months.
During an interview on 12/06/21 at 1:27 P.M., Hospice Nurse A said the resident was admitted to Hospice on 9/23/21.
3. During an interview on 12/14/21 at 9:46 A.M., MDS Coordinator B said:
-He/she was made aware of changes or conditions that go on the MDS by the staff in the facility.
-This was done via the 24 hour report, physician orders, from Social Services, and phone calls.
-When a resident went on hospice he/she would get an email from the social worker and it would also be reflected on the resident census.
-When a resident went on Hospice it would trigger a Significant Change MDS assessment to be done.
-Hospice would be marked as yes.
-Did the resident have a condition or chronic disease that may result in a life expectancy of less than six months would be marked yes.
-Both questions should be answered yes if a resident was on hospice.
-If both questions were not answered correctly, it would be an error, and a correction would have to be submitted to correct the error.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0657
(Tag F0657)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the facility failed to update and revise care plans to reflect residents' current conditio...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the facility failed to update and revise care plans to reflect residents' current condition and needs for two sampled residents (Residents #71 and #290) out of 37 sampled residents. The facility census was 250 residents.
Record review of the facility's Care Plans-Comprehensive policy, updated 7/18, showed:
-Care plans were revised as information about the resident's condition change.
-Changes in the resident's current condition must be reported to the Minimum Data Set (MDS) coordinator or Assistant Director of Nursing (ADON) so a review of the resident's assessment and care plan can be made.
1. Record review of the Resident #71's face sheet, printed on 12/14/21 showed the resident was admitted to the facility on [DATE] and had the following diagnoses:
-Dementia (a progressive organic mental disorder characterized by chronic personality disintegration, confusion, disorientation, stupor, deterioration of intellectual capacity and function, and impairment of control of memory, judgement, and impulses).
-Protein-calorie malnutrition (not consuming enough protein and calories, leading to muscle loss, fat loss, and your body not working as it usually).
-Muscle wasting and atrophy (loss of muscle tissue).
Record review of the resident's Order Summary Report (OSR) showed the facility physician admitted the resident into Hospice (care that focuses on relieving symptoms and supporting patients with a life expectancy of six months or less) due to terminal malnutrition on 9/23/21.
Record review of the resident's significant change Minimum Data Set ((MDS) a federally mandated assessment instrument completed by facility staff for care planning), dated 9/29/21, showed the MDS did not reflect the resident was on hospice.
Record review of the resident's care plan, undated, showed staff did not document the resident was admitted to Hospice.
During an interview on 12/06/21 at 1:27 P.M., Hospice Nurse A said the resident was admitted to Hospice on 9/23/21.
2. Record review of the Resident #290's admission Record showed he/she:
-Was admitted to the facility on [DATE] and with a diagnosis of dementia with behavioral disturbances (a progressive organic mental disorder characterized by chronic personality disintegration, confusion, disorientation, stupor, deterioration of intellectual capacity and function, and impairment of control of memory, judgment, and impulses with behaviors).
-A family member was his/her responsible party.
Record review of the resident's Behavior Notes, dated 8/23/20 at 8:41 P.M., completed by agency staff Licensed Practical Nurse (LPN) K showed:
-The resident was in the television area kissing another resident.
-A Certified Nurses Aide (CNA) reported the incident to the charge nurse and separated the residents.
-The other resident was redirected two times after trying to lead the resident into his/her room.
-Both residents were easily re-directed.
-The residents were placed on fifteen minute checks.
-The resident was presently in his/her room asleep in a chair.
Record review of the resident's Incident Note, dated 9/1/20 at 11:11 P.M., completed by Certified Medication Technician (CMT) C showed:
-He/she had knocked and walked into the resident's room.
-He/she found another resident lying on the bed on his/her back with his/her arms at his/her sides.
-Resident #290 was on top of him/her.
-The resident got off of the other resident and when asked what he/she was doing, he/she said nothing.
-After being questioned again he/she said they were just kissing, he/she knew they should not be doing this and he/she would not do this again.
-The residents were separated and the other resident was escorted out of the room.
Record review of the resident's Care Plan, revised 12/1/20, showed the resident:
-Had self-performance deficits in Activity of Daily Living (ADLs-bathing, grooming, dressing) due related to cognitive impairment.
-Was at risk of elopement related to impaired cognition.
-Was resistant to ADL care at times related to not comprehending what was going on due to a diagnosis of dementia.
-Demonstrated impaired cognition with memory loss and disorientation.
-The care plan had not been updated to reflect the resident's sexual behaviors.
3. During an interview on 12/13/21 at 2:30 PM., MDS Coordinator A said:
-He/she did all of the MDS updates for the second floor.
-He/she was not able to update the care plan without being made aware of the change.
-Nurses should update care plans as they see changes.
-He/she talked to staff and assessed residents and used that information to make updates to care plans and when updating MDS.
-He/She should have been notified by nursing staff of sexual behaviors or if a resident was new to hospice.
-He/She also worked as a House Supervisor, so he/she is sometimes notified of sexual behaviors that way.
-Care plans are updated with the MDS schedule.
-If he/she was made aware of a significant change he/she updated the care plan at that time.
-He/she expected care plans to be accurate.
-He/She noticed a lot of care plans were not accurate and he/she was trying to get them updated.
-There have been a lot of changes with the new ownership.
-He/she was in this position for about four months.
During a telephone interview on 12/13/21 at 4:16 P.M., Licensed Practical Nurse (LPN) M said:
-He/she could update the care plan as needed.
-All nurses could update the care plans.
-Care plans should include if the resident had behaviors, including sexual and if the resident was on hospice.
-The care plans were usually updated by the MDS Coordinator.
-He/she would notify the MDS Coordinator if any of the care plans needed to be updated.
During an interview on 12/14/21 at 12:04 P.M., the Director of Nursing (DON) said:
-MDS Coordinators, nurses, social workers, and anyone updated the care plan if there was a change of condition.
-MDS coordinator read the 24 hour report and any new orders in order to update the MDS and care plans.
-The care plan should be updated to reflect behaviors, including sexual behaviors, and admission to hospice.
-He/she expected the care plans to be accurate and up to date.
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, interview, and record review, the facility failed to ensure dependent residents had baths or showers accor...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, and record review, the facility failed to ensure dependent residents had baths or showers according to the resident's bath schedule and as needed for three sampled residents (Residents #80, #102, and 165) out of 37 sampled residents. The facility census was 250 residents.
1. Record review of Resident #80's admission Record showed he/she was admitted to the facility on [DATE] with the following diagnoses:
-Hemiplegia and Hemiparesis (muscle weakness or partial paralysis on one side of the body) following a stroke affecting the right dominant side.
-Acquired absence of Left leg above the knee.
-End stage renal disease (ESRD- the kidneys have stopped working).
-Dependence on renal dialysis (process of cleansing the blood by passing it through a special machine - necessary when the kidneys are not able to filter the blood).
Record review of the resident's Care Plan, dated 9/18/21, showed he/she needs:
-Assistance with all his/her Activity of Daily Living (ADL- dressing, grooming, bathing, eating, and toileting) self-care performance deficit related to:
--Weakness and multiple comorbidities.
--Left above the knee amputation (AKA).
--Bathing/Showering needs up to dependent assistance.
Record review of the resident's admission Minimum Data Set (MDS - a federally mandated assessment tool completed by the facility staff for care planning), dated 9/24/21, showed the resident:
-Had a brief interview for mental status (BIMS) score of 15 out of 15, cognitively intact.
-Had no signs of delirium (altered state of consciousness, consisting of confusion, distractibility, disorientation, disordered thinking and memory, and defective perception - illusions and hallucinations).
-Had a limitation in his/her lower extremity on both sides.
-Was dependent on one person assist with bathing.
Record review of the undated Three North bath schedule showed that the resident was scheduled for baths/showers on Tuesdays and Fridays.
Record review of the undated Three North alternate bath shower schedule showed that the resident was scheduled for baths/showers on Wednesdays and Saturdays when there were no bath aides on Tuesdays or Fridays.
Record review of the resident's electronic bath/shower sheets for November 2021, showed he/she received a shower on 11/2/21 and 11/16/21 and refused on 11/5/21 and 11/23/21. There was no documentation to show staff offered, or the resident refused, a bath five times during the month.
Record review of the resident's Physician's Order Summary (POS), dated December 2021, showed he/she went to dialysis on Tuesdays, Thursdays, and Saturdays at 10:30 A.M.
Record review of the resident's electronic bath/shower sheets for 12/1/21 - 12/7/21 showed he/she refused on 12/3/21 and received a shower on 12/7/21. Review showed it had been 10 days since the last time staff documented they offered a shower to the resident.
During an interview and observations of the resident on 12/8/21 at 10:00 A.M., 12/10/21 at 10:30 A.M., and 12/13/21 at 10:10 A.M., showed:
-He/She had not received his/her showers.
-His/Her shower days are on Tuesday and Thursday in the mornings before dialysis.
-The resident was in bed wearing a hospital gown.
-Hair uncombed.
2. Record review of Resident #102's admission Record showed he/she was admitted to the facility on [DATE] and showed the following diagnoses:
--Spinal Stenosis - (narrowing of the spinal canal), cervical (neck) region.
--Low back pain.
--Heart failure (a chronic condition in which the heart doesn't pump blood as well as it should).
--Chronic Obstructive Pulmonary Disease (COPD - a disease process that decreases the ability of the lungs to perform ventilation).
Record review of the resident's Care Plan, dated 9/30/21, showed he/she needs:
-Assistance with all his/her ADL's related to limited physical mobility.
-Able to do some of his/her hygiene, staff to provide assistance with what he/she was unable to do.
-Required total assistance for bathing.
Record review of the resident's Quarterly MDS dated [DATE] showed:
-Had a BIMS score of 15 out of 15, cognitively intact.
-Had no signs of delirium.
-Had an impairment in both his/her upper and lower extremities on both sides.
-Was dependent on one person assist with bathing.
Record review of the undated Three North bath schedule showed that the resident was scheduled baths/showers on Tuesdays and Fridays.
Record review of the undated Three North alternate bath shower schedule showed that the resident was scheduled baths/showers on Wednesdays and Saturdays when there were no bath aides on Tuesdays or Fridays.
Record review of the resident's electronic bath/shower sheets for November 2021 showed:
-He/She received a shower on 11/2/21 and 11/19/21.
-He/she had not refused any showers.
-The resident missed seven showers.
Record review of the resident's electronic bath/shower sheets, for 12/1/21 - 12/14/21, showed he/she had not received a shower and had not refused a shower, he/she had missed a total of four showers during this time period.
During an interview on 12/6/21 at 9:32 A.M., the resident said:
-He/she had not had a shower in three weeks.
-There was no shower aide.
-He/She washes up in the sink as much as he/she can.
-He/She was incontinent and gets his/her groin area washed when his/her incontinent brief gets changed.
During an interview on 12/9/21 at 10:02 A.M., the resident said:
-He/She still had not had a shower.
-He/She does wash up in sink from face to groin area and top of legs where he/she was able to reach.
-His/her shower days are Tuesdays and Fridays in the mornings.
During an interview on 12/13/21 at 10:50 A.M., the resident said:
-He/she still had not had a shower over the weekend.
3. Record review of Resident #165's admission Record showed he/she was admitted to the facility on [DATE] with the following diagnoses:
-Amyotrophic Lateral Sclerosis (ALS-a nervous system disease that weakens muscles and impacts physical function).
-Dysarthria (weakness in the muscles used for speech, which often causes slowed or slurred speech) and Anarthria (severe form of dysarthria).
Record review of the resident's Care Plan, dated 10/14/21, showed he/she needs:
-Assistance with all his/her ADL's related to ALS including:
-Extensive assistance of one staff with bathing/showering.
Record review of the resident's significant change MDS, dated [DATE], showed:
-Had a BIMS score of 15 out of 15, cognitively intact.
-Had no signs of delirium.
-Had an impairment in both his/her upper and lower extremities on both sides.
-Required physical help in part with bathing with one person assist.
-Used a motorized wheelchair for mobility.
-Paraplegia (loss of movement of both legs and generally the lower trunk).
Record review of the undated Three North bath schedule showed that the resident was scheduled baths/showers on Tuesdays and Fridays.
Record review of the undated Three North alternate bath shower schedule showed that the resident was scheduled baths/showers on Wednesdays and Saturdays when there were no bath aides on Tuesdays or Fridays.
Record review of the resident's electronic bath/shower sheets, for November 2021, showed:
-The resident received a shower on 11/2/21, 11/16/21, and 11/30/21.
-He/she had not refused any showers.
-The resident missed six showers.
Record review of the resident's electronic bath/shower sheets, for 12/1/21 - 12/14/21, showed he/she had received a shower on 12/3/21 and had missed three showers during this time period.
During an interview on 12/7/21 at 11:04 A.M., the resident's adult child was visiting and said the resident:
-Does not always get a bath.
-Had not had a bath for three weeks.
-Was scheduled for a bath today and had not had it.
Observation of the resident on 12/7/21 at 11:04 A.M., showed:
-The resident was up in his/her wheelchair.
-He/She was wearing a hospital gown.
-His/Her hair uncombed.
During an interview on 12/7/21 at 11:05 A.M., the resident said:
-He/She does not get a bath every week.
-It has been several weeks and he/she had not had a bath.
-He/She was not getting dressed today until he/she gets a bath.
During an interview on 12/8/21 at 9:12 A.M., the resident said he/she never received a shower/bath yesterday.
Observation of the resident on 12/8/21 at 9:12 A.M., showed:
-The resident in bed, hair uncombed.
During an interview on 12/10/21 at 11:44 A.M., the resident said he/she still had not received a shower.
Observation of the resident on 12/10/21 at 11:44 A.M., showed:
-The resident up in wheelchair, hair uncombed.
4. During an interview on 12/10/21 at 10:47 A.M., Certified Nursing Assistant (CNA) N said:
-He/She worked for a staffing agency and had worked at this facility for about one month.
-He/She did not do resident showers.
-The facility bath aides did the showers.
-He/She was not sure if there was a shower aide scheduled for today.
-He/She saw either a Physical Therapist or an Occupational Therapist taking a resident to the shower earlier today.
-The CNAs get a report sheet when they come on shift and the nurse goes over with the CNAs what their duties are for the day and what residents' needs are.
During an interview on 12/10/21 at 11:28 A.M., the Fourth Floor Nursing Supervisor said:
-He/She was covering Three North.
-The facility had been down two shower aides.
-One new shower aide was just hired and needs to be oriented before starting.
-The CNAs do the showers per the alternate shower schedule when there is no shower aide.
During an interview on 12/10/21 at 11:30 A.M., Licensed Practical Nurse (LPN) F/Three North Charge Nurse said:
-He/She does not always work this unit, floats to other units also.
-Knew there was no shower aide today.
-Had not had time to assign a CNA to do showers.
-The Charge Nurse assigns the showers to the CNAs when there are no shower aides available for a unit.
-Had not had a chance to assign showers to the CNAs.
-The CNA doing the shower lets the nurse know if a resident refused.
-The CNA charts the showers in the electronic charting.
During an interview on 12/13/21 at 10:27 A.M., LPN H said:
-He/She works for a staffing agency and had worked two days at this facility as the Charge Nurse.
-The daily staffing sheet showed no bath aide assigned for today.
-Did not know who was responsible to give baths when no bath aide was scheduled.
During an interview on 12/13/21 at 10:58 A.M., CNA J said:
-There was no bath aide scheduled for today.
-There were only two CNAs scheduled for 3 halls.
-He/She and the other CNA were still getting residents up and dressed and will get showers done if they are able to.
During an interview on 12/14/21 at 12:05 P.M., the Director of Nursing (DON) said:
-Residents should be offered a shower twice a week.
-If a resident prefers a shower just once a week, his/her care plan should be updated to show that.
-The facility had bath aides that just do resident showers.
-The Charge Nurses were responsible to assign showers to the CNAs when there was no bath aide.
-The floor supervisors audit resident shower records monthly.
-The Nurses, CNAs, and bath aides are re-in-serviced by the floor supervisor to ensure residents received showers.
-The agency staff may not have charted that a resident had a shower.
-The electronic charting had the letters RR for a resident refusing a shower.
-The electronic charting had the letters NA also and some staff may have used that to indicate refusal.
-Agency staff are oriented each shift as to how the charting was for the facility.
-Agency staff should know to chart RR for refusal and should chart accurately.
Complaint MO00193523
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0698
(Tag F0698)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the facility failed to ensure accurate communication was maintained between the dialysis c...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the facility failed to ensure accurate communication was maintained between the dialysis center and the facility for one sampled resident (Resident #80) out of 37 sampled residents. The facility census was 250 residents.
A policy for dialysis communication was requested and not received at the time of exit.
Record review of the undated facility and the dialysis center communication form showed the following areas to be filled out by the facility and the dialysis center:
-The facility fills out the top half of the form with:
--The resident's name and caregiver;
--Primary care physician's name;
--Date and time of arrival;
--From what facility and the phone and fax numbers;
--The resident's VS (vital signs- Blood Pressure, Pulse, Respirations, Temperature) and date and time taken;
--Time of last meal, if resident needs a meal or snack, and type of diet he/she is on;
--If the resident was on a fluid restriction and the amount;
--Any significant alerts;
--The facility nurse, name, and signature;
-The dialysis center fills out the bottom half of the form with:
--Dialysis center name, phone, and fax numbers;
--The time the resident discharged from the center;
--Where the resident went when he/she left;
--A reason area;
--The resident's Pre-dialysis and Post-dialysis weights with the amount of fluid removed;
--The resident's VS and the time taken;
--Labs drawn and the results;
--Medications or treatments given at dialysis;
--The resident's tolerance to procedure;
---Follow up orders;
--Appointments made and any problems or alerts;
--The dialysis nurse name and signature.
1. Record review of Resident #80's admission Record showed he/she was admitted to the facility on [DATE] with the following diagnoses:
-End stage renal disease (ESRD-the kidneys have stopped working).
-Dependence on renal dialysis (process of cleansing the blood by passing it through a special machine - necessary when the kidneys are not able to filter the blood).
Record review of the resident's Care Plan, dated 9/18/21, showed:
-He/She has ESRD and receives Dialysis;
-Will have no signs or symptoms of complications from dialysis through the review period;
-Do not draw blood or take blood pressure (BP) in the arm with the graft;
-Encourage him/her to go for the scheduled dialysis appointments;
-Monitor labs and report to doctor as needed;
-Monitor vital signs;
-Notify physician of significant abnormalities as needed;
-Monitor, document, and report as needed any signs or symptoms of infection to access site:
--Redness, swelling, warmth or drainage;
-Monitor, document, and report as needed for signs or symptoms of renal insufficiency:
--Changes in level of consciousness, changes in skin turgor, oral mucosa, changes in heart and lung sounds.
-Monitor, document, and report as needed for signs or symptoms of the following: --Bleeding, hemorrhage (bleeding from a ruptured blood vessel, especially when profuse bleeding), bacteremia (bacteria in the bloodstream), and septic shock (widespread infection causing organ failure and dangerously low blood pressure).
-Monitor, document, and report as needed new or worsening peripheral (away from the center) edema (swelling).
Record review of the resident's Physician's Order Summary, dated October 2021, showed:
-The resident went to a dialysis center with a sitting chair time of 10:30 A.M., dated 10/7/21.
-His/Her dialysis days were Tuesday, Thursday, and Saturday, dated 10/10/21.
-Monitor vital signs and report any abnormalities to the dialysis provider and primary physician, dated 10/7/21.
-Monitor for shortness of breath, chest pain, swelling, nausea, vomiting, diarrhea, extreme weakness, increased confusion, or fatigue every shift and report any signs and symptoms to dialysis provider and primary physician, dated 10/7/21.
Record review of the resident's 10/5/21 Dialysis Communication Form showed only the following:
-The resident went to dialysis.
-Facility VS for the resident.
-A discharged time from the dialysis center.
-Dialysis VS and a pre-dialysis weight, no post-dialysis weight.
--NOTE: The top half of the form did not include:
---Any medications the resident had before going to dialysis.
---The last time the resident ate, if needs a meal or snack, and the type of diet he/she was on.
---If the resident was on a fluid restriction and the amount.
--NOTE: The bottom half of the form did not include:
---The amount of fluid removed during dialysis.
---If labs were drawn and the results.
---Any medications that may have been given at dialysis.
---The resident's tolerance to the procedure.
---Any follow-up orders if any.
Record review of the resident's 10/7/21 and 10/9/21 Dialysis Communication Form showed no dialysis charting.
Record review of the resident's 10/12/21 Dialysis Communication Form showed only the following:
-The time the resident arrived at dialysis.
-The facility VS for the resident.
--NOTE: The top half of the form did not include:
---Any medications the resident had before going to dialysis.
---The last time the resident ate, if needs a meal or snack, and the type of diet he/she was on.
---If the resident was on a fluid restriction and the amount.
--NOTE: The bottom half of the form did not include:
---The time the resident discharged from the center.
---The resident's post dialysis VS.
---The pre and post dialysis weights and amount of fluid removed during dialysis.
---If labs were drawn and the results.
---Any medications that may have been given at dialysis.
---The resident's tolerance to the procedure.
---Any follow-up orders if any.
Record review of the resident's 10/14/21, 10/16/21, and 10/19/21 Dialysis Communication Forms showed no dialysis charting for these days.
Record review of the resident's 10/21/21 Dialysis Communication Form showed only the following:
-The facility VS for the resident.
--NOTE: The top half of the form did not include:
---Any medications the resident had before going to dialysis.
---The last time the resident ate, if needs a meal or snack, and the type of diet he/she was on.
---If the resident was on a fluid restriction and the amount.
--NOTE: The bottom half of the form did not include:
---The time the resident discharged from the center.
---The resident's post dialysis VS.
---The pre and post dialysis weights and amount of fluid removed during dialysis.
---If labs were drawn and the results.
---Any medications that may have been given at dialysis.
---The resident's tolerance to the procedure.
---Any follow-up orders if any.
Record review of the resident's 10/23/21 and 10/26/21 Dialysis Communication Forms showed no dialysis charting.
Record review of the resident's 10/28/21 Dialysis Communication Form showed only the following:
-The facility VS for the resident.
-A discharged time from the dialysis center.
-The resident's dialysis VS.
-The resident's pre and post dialysis weights while at dialysis.
-The resident tolerated the procedure well.
--NOTE: The top half of the form did not include:
---Any medications the resident had before going to dialysis.
---The last time the resident ate, if needs a meal or snack, and the type of diet he/she was on.
---If the resident was on a fluid restriction and the amount.
--NOTE: The bottom half of the form did not include:
---The amount of fluid removed during dialysis.
---If labs were drawn and the results.
---Any medications that may have been given at dialysis.
---Any follow-up orders if any.
Record review of the resident's 10/30/21 and 11/2/21 Dialysis Communication Forms showed no dialysis charting.
Record review of the resident's 11/4/21 Dialysis Communication Form showed only the following:
-The resident's Physician's name and the resident's caregivers name.
-The facility VS for the resident.
-The resident's medications received at facility.
-The resident's last meal before dialysis and the type of diet.
-The resident did not have a fluid restriction.
-The facility's nurse name and signature.
-Handwritten across the bottom of the page was a weight no indication of pre or post dialysis.
--NOTE: The top half of the form was filled out.
--NOTE: The bottom half of the form did not include:
---The time the resident discharged from the center.
---The resident's post dialysis VS.
---The hand written weight across the bottom of the form did not indicate if it was a pre or post dialysis weights and amount of fluid removed during dialysis.
---If labs were drawn and the results.
---Any medications that may have been given at dialysis.
---The resident's tolerance to the procedure.
---Any follow-up orders if any.
Record review of the resident's 11/6/21 Dialysis Communication Form showed no dialysis charting.
Record review of the resident's 11/9/21 Dialysis Communication Form showed only the following:
-The facility VS for the resident.
-The resident's medications received at facility.
-The resident's last meal before dialysis and the type of diet.
-The facility's nurse name and signature.
--NOTE: The top half of the form did not include:
---If the resident was on a fluid restriction and the amount.
--NOTE: The bottom half of the form did not include:
---The time the resident discharged from the center.
---The resident's post dialysis VS.
---The pre and post dialysis weights and amount of fluid removed during dialysis.
---If labs were drawn and the results.
---Any medications that may have been given at dialysis.
---The resident's tolerance to the procedure.
---Any follow-up orders if any.
Record review of the resident's 11/11/21 and 11/13/21 Dialysis Communication Form showed no dialysis charting.
Record review of the resident's 11/16/21 Dialysis Communication Form showed only the following:
-The facility VS for the resident.
-The time the resident arrived at dialysis.
-The resident's medications received at facility.
-The resident's last meal before dialysis and the type of diet.
-The facility's nurse name and signature.
--NOTE: The top half of the form did not include:
---If the resident was on a fluid restriction and the amount.
--NOTE: The bottom half of the form did not include:
---The time the resident discharged from the center.
---The resident's post dialysis VS.
---Pre and post dialysis weight and the amount of fluid removed during dialysis.
---If labs were drawn and the results.
---Any medications that may have been given at dialysis.
---The resident's tolerance to the procedure.
---Any follow-up orders if any.
Record review of the resident's 11/18/21 Dialysis Communication Form showed:
-A note from a surgical center for the resident to have Nothing By Mouth (NPO) at midnight.
Record review of the resident's 11/19/21 Dialysis Communication Form showed:
-Dialysis access procedure post discharge instructions for angioplasty (a way to reopen narrowed or blocked blood vessels) of fistula (a connection made between an artery and a vein for dialysis treatment).
Record review of the resident's 11/20/21 Dialysis Communication Form showed only the following:
-The only Respirations and Temperature VS for the resident.
-The resident's medications received at facility.
-The resident's last meal before dialysis and the type of diet.
-The facility's nurse name and signature.
-No time listed when the resident returned to the facility
-The resident completed the Hemodialysis treatment.
-The resident's pre and post dialysis weight and amount of fluid removed.
-The resident's dialysis VS.
-The dialysis center did not do labs.
-The resident tolerated the treatment well.
-The resident's right arm was edematous.
-The dialysis center wanted to know who the resident saw at his/her procedure on 12/19/21.
Record review on 12/9/21 of the resident's electronic Dialysis Communication Form showed no dialysis charting for Tuesday 11/23/21, Thursday 11/25/21, Saturday 11/27/21, Tuesday 11/30/21, Thursday 12/2/21, Saturday 12/4/21, and Tuesday 12/6/21.
Record review of the resident's Nurses Notes, dated 11/8/21 at 6:02 P.M., showed the resident went to dialysis.
Record review of the resident's Nurses Notes, dated 11/8/21 at 7:59 P.M., showed the resident returned from dialysis with no complaints.
Record review of the resident's Nurses Notes, dated 11/8/21 at 8:18 P.M., showed:
-The resident said the papers from dialysis were in his/her bag.
-Upon looking in the resident's bag the nurse found papers from past visits and a hospital visit.
-The nurse put the resident's paperwork into the out box.
During an interview on 12/8/21 at 9:30 A.M., the resident said:
-A private transportation company takes him/her to and from dialysis on Tuesdays, Thursdays, and Saturdays.
-The nurse takes his/her VS before he/she goes.
-He/She was supposed to give the dialysis paperwork to the Certified Nursing Assistant (CNA) or the nurse.
-Sometimes he/she forgets to give the paperwork when they don't ask for it.
During an interview on 12/10/21 at 11:00 A.M., Licensed Practical Nurse (LPN) E said:
-The nurse should fill out the resident's Dialysis Communication Form top portion with:
--The resident's VS.
--Any medications the resident had before going to dialysis.
--The last time the resident ate before going to dialysis.
--And other information on the form.
-The resident takes the form to dialysis.
-The dialysis center fills out the bottom portion with:
--The time the resident left the dialysis center.
--The resident's pre and post dialysis weight.
--The resident's VS and amount of fluid removed.
--Any medications the resident may have received.
--How the resident tolerated the procedure.
--Any follow-up orders.
-The resident brings the form to dialysis.
-The Certified Nursing Assistant (CNA) bringing the resident back to the floor gives the form to the nurse.
-The nurse puts the form in the out box for Medical Records to pick up.
-The out box is at the back of the nurse's station.
-Paperwork that needs to be put into the electronic charting goes there.
-Medical Records staff pick it up and file to the electronic charting.
During an interview on 12/14/21 at 12:05 P.M., the Director of Nursing (DON) said:
-The nurse should fill out the top of the dialysis form that the resident takes with him/her to dialysis.
-The dialysis center fills out the other part of the dialysis form.
-The dialysis form comes back with the resident from dialysis.
-The CNA who brings the resident back to the unit should get the paperwork from the resident and give it to the nurse.
-The nurse should review the dialysis information then put it into the out box to be recorded.
-The nurse should call the dialysis center when a resident does not bring back the dialysis form.
-The nurse should chart that the resident went to dialysis on his/her dialysis days.
-The nurse should chart if they had to call the dialysis center for any updates if the dialysis form is not brought back to the facility.
-There is no audit system at this time to see if each dialysis session paperwork is put into the electronic system.
-He/she does tell the floor supervisors to check if the dialysis information is entered into the electronic system.
-He/She was not sure if the floor supervisors do this or not.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0745
(Tag F0745)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the facility failed to provide medical-related social services for one sampled resident (R...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the facility failed to provide medical-related social services for one sampled resident (Resident #126), who was severely cognitively impaired, out of 37 sampled residents. The facility census was 250 residents.
The facility did not have a policy for Social Services.
1. Record review of Resident #126's face sheet showed:
- The resident's diagnoses were:
-Alzheimer's Disease (a slowly progressive disease of the brain that is characterized by impairment of memory and eventually by disturbances in reasoning, planning, language, and perception).
-Major Depressive Disorder (a state of intense sadness or despair that has advanced to the point of being disruptive to an individual's social functioning and/or activities of daily living).
-Dementia (a progressive organic mental disorder characterized by chronic personality disintegration, confusion, disorientation, stupor, deterioration of intellectual capacity and function, and impairment of control of memory, judgment, and impulses).
-Generalized Anxiety Disorder (a psychiatric disorder causing feelings of persistent anxiety).
-Cognitive Communication Deficit.
Record review of the resident's care plan, last updated on 11/23/21, showed:
-The staff should allow the resident to make simple decisions about his/her care and clothes to provide a sense of control.
-The resident was an elopement risk/wanderer related to diagnosis of Alzheimer's Disease and the goal was that the resident's safety would be maintained through the review date.
-The resident had a communication problem due to his/her dementia related to a diagnoses of Alzheimer's Disease and the goal was that the resident would be able to make basic needs known using simple words and answer simple yes/no questions.
-The resident had impaired cognitive function related to Alzheimer's, dementia.
Record review of the resident's incapacity letter, dated 9/15/20, showed:
- The resident's physician signed the letter, which stated the resident is unable to receive and evaluate information or communicate decisions to such an extent that he/she even with appropriate services and assistive technologies, lacks capacity to manage essential requirements for food, clothing, shelter, safety, or other care; such that serious physical injury, illness or disease is likely to occur, and to such an extent that he/she lacks the ability to manage financial resources without supervision or assistant.
- The letter also stated that it is the physician's opinion that the power of attorney for the resident should be allowed to serve in that capacity to meet his/her needs.
Record review of the resident's annual Minimum Data Set (MDS-a federally mandated assessment tool used by facility staff for care planning), dated 7/20/21, showed the resident was severely cognitively impaired, with a BIMS (brief interview for mental status) of four out of 15.
Record review of the resident's quarterly MDS, dated [DATE], showed the resident was severely cognitively impaired, with a BIMS of four out of 15.
During an interview on 12/14/21 at 9:56 A.M., Social Services Designee (SSD) B said:
-He/she thought the Durable Power of Attorney (DPOA) was active, but he/she found that it was not.
-Another doctor must deem the incompetent in order to enact the health DPOA.
-Only one doctor had deemed him/her incompetent.
-Social services was responsible for ensuring this was completed.
During an interview on 12/14/21 at 12:04 P.M., Director of Nursing (DON) said:
-If a doctor deemed a resident incompetent, they would look at the advanced directives to see if they need one or two letters.
-If a resident was deemed incapacitated and advanced directives are activated, we would enter it in as active.
-In this resident's case, they would have expected the family to request another doctor or psychiatrist to do another incapacitation letter in order to activate the DPOA.
-The resident did not have an active DPOA.
-Social Services was responsible for this process.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Notification of Changes
(Tag F0580)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the facility failed to ensure the physician and family were notified of possible sexual ab...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the facility failed to ensure the physician and family were notified of possible sexual abuse for two sampled residents (Resident #126 and #205); for one closed record resident (Resident #290) and for sexually inappropriate behaviors for one sampled resident (Resident #222) out of 37 sampled residents and six closed sample residents. The facility census was 250 residents.
Record review of the facility's Abuse Prevention Program policy, dated 3/18, showed:
-Any allegation of abuse will be reported immediately to the facility Administrator or his/her designee, who will follow Federal requirements for reporting to the state licensing agency, law enforcement, resident's representative and resident's primary physician.
Record review of the facility's Physician Communication policy, dated 5/09 and reviewed 2/13, showed:
-There was a higher level of acuity and urgent interactions with clinical staff and physicians in regard to long-term care residents versus the general population.
-Physician involvement in long-term care was essential to the delivery of quality long-term care.
-Attending physician would lead the clinical decision-making for residents under his/her care.
-Attending physician provided a high level of knowledge, skill, and experience needed in caring for a medically complex population in a climate of high public expectations and stringent regulatory requirements.
-The Medical Director, attending physicians and clinical staff must adhere to guidelines for efficient communication that enhanced overall quality of resident care.
-Face to face or telephone communication must be documented in the Interdisciplinary Notes in the resident's record, document the person spoken to. The substance of the communication, and stated plan of action. Must be the method of communication for immediate concerns.
-Specific signs, symptoms and laboratory values that suggested an acute illness and that required an immediate medical assessment will be reported to the attending physician as soon as possible after they are identified.
-Sudden onset of new or sever worsening of confusion and/or agitation required immediate action even before contacting the attending physician.
-Any substantial change in physical condition, functional status, or new physical sign which did not require immediate notification would be discussed with the physician on rounds.
A policy for notification of family was requested and not received at the time of exit.
1. Record review of Resident #126's face sheet showed he/she was admitted to the facility on [DATE] with the following diagnoses:
-Alzheimer's Disease (a slowly progressive disease of the brain that is characterized by impairment of memory and eventually by disturbances in reasoning, planning, language, and perception).
-Major Depressive Disorder (a state of intense sadness or despair that has advanced to the point of being disruptive to an individual's social functioning and/or activities of daily living).
-Dementia.
-Generalized Anxiety Disorder (a psychiatric disorder causing feelings of persistent anxiety).
-Cognitive Communication Deficit.
Record review of the resident's admission Minimum Data Set (MDS-a federally mandated assessment tool used by facility staff for care planning), dated 8/20/20, showed he/she:
-Was severely cognitively impaired with a BIMS (brief interview for mental status) of six out of 15.
-Did not have behaviors such as abusing others sexually, pacing, rummaging, public sexual acts, or disrobing in public.
-Behaviors did not put the resident at risk for illness or injury and did not impact others.
-Did wander 1 - 3 days during the look back period.
-Wandering did not put the resident at risk.
Record review of the resident's Behavior Notes, dated 9/1/20, showed:
-The resident was found with a resident on top of him/her in the other resident's room.
-The resident said the other resident just touched his/her chest and tried to remove an article of clothing.
-The residents were separated and he/she was escorted out of the room and placed on 15 minute checks.
-No injuries were sustained.
-A message was left for the residents' responsible parties.
-No documentation of follow-up calls to ensure the resident's family had been notified of the incident.
Record review of the resident's quarterly MDS, dated [DATE], showed:
-The resident was severely cognitively impaired, with a BIMS of four out of 15.
-Did not have behaviors such as abusing others sexually, pacing, rummaging, public sexual acts, or disrobing in public.
-Behaviors did not put the resident at risk for illness or injury and did not impact others.
-The resident wandered four to six days out of the lookback period.
Record review of the resident's behavior note, dated 11/27/21 at 8:45 P.M., showed:
-The resident was found in a different resident's room. The resident was undressed in bed with Resident #205, who was also naked.
-The resident resisted but did go back to his/her room.
-The resident's family was called with a message left.
-Resident refused skin assessment but staff reported no issues when he/she was getting dressed.
-The resident was pacing around the halls trying to get back to the other resident's room. Staff redirected the resident.
-No documentation the resident's physician was notified.
Record review of the undated facility investigation of the 11/27/21 incident showed:
-There was no documentation of notification of physician or family.
Record review of the resident's social services note, dated 11/30/21, showed:
-Social Services Designee (SSD) A spoke with the resident's family member concerning the incident over the weekend.
-The resident's family member stated as long as there was no harm and the resident agreed with the contact from the other resident, he/she had no concerns.
Record review of the resident's behavior note, dated 12/4/21 at 12:20 A.M., showed:
-The resident was found in bed with a resident.
-The resident was half way naked and the other resident was naked.
-The resident was asked to put his/her top on and was escorted to his/her room.
-The supervisor was notified.
-There was no documentation of family or physician notification.
During an interview with the resident's family member on 12/6/21 at 5:20 P.M., he/she said:
-The facility staff called him/her at the end of November and said his/her family member was found in a room with a member of the opposite sex, but that it was an innocent interaction.
-He/She said the staff told him/her the resident was able to recall the entire interaction, which he/she thought was strange due to the resident's dementia and the resident not able to recall or remember certain family members.
-He/She was not aware the resident and the resident he/she was found with were undressed at the time.
-The resident did not have the cognitive ability to consent to an intimate relationship and he/she believed the resident would not have wanted that kind of contact if he/she had the ability to make decisions.
-He/She was contacted about a similar situation about six months ago, but to his/her knowledge it was also an innocent interaction and the residents were fully dressed.
-He/She was not aware of any other situations with the resident being in other resident rooms, being undressed, or being found in bed with members of the opposite sex.
2. Record review of Resident #205's face sheet showed he/she was admitted to the facility on [DATE] with the following diagnoses:
-Alzheimer's Disease.
-Dementia.
-Anxiety Disorder.
-Depression.
-Bipolar Disorder (A disorder associated with episodes of mood swings ranging from depressive lows to manic highs).
Record review of the resident's annual MDS, dated [DATE] and his/her quarterly MDS dated [DATE], showed the resident:
-Was cognitively intact, with a BIMS of 14 out of 15.
-Did not have behaviors such as abusing others sexually, public sex acts, or disrobing publicly.
-Did not have behaviors that impacted self or others.
-Did not wander.
Record review of the resident's behavior note dated 11/27/21 showed:
-The resident was found in a different resident's room.
-The resident was undressed in bed with Resident #126, who was also naked.
-The resident resisted but did go to his/her room.
-The resident refused a skin assessment, but the resident's chest, back and legs were seen with no issues noted.
-The resident was already on 15 minute checks when this incident occurred.
-The resident's family was called with a message left.
-No documentation the resident's physician was notified.
Record review of the undated investigation of the 11/27/21 incident showed:
-There was documentation of notification of physician or family.
Record review of the resident's Nursing Notes, dated 11/28/21, showed the resident's family member/Durable Power of Attorney (DPOA) called the facility. No documentation the staff notified the resident's family member/DPOA of the incident from 11/27/21.
Review of the resident's behavior noted, dated 12/4/21, showed:
-The resident was found lying on his/her bed with a resident (Resident #126).
-The resident had no brief on and the other resident had no top on.
-The other resident was redirected to his/her bedroom and the house supervisor was notified.
-There was no documentation of family or physician notification.
3. During an interview on 12/6/21 at 1:46 P.M., SSD A said:
-There was a situation that occurred with Resident #205 and his/her boyfriend/girlfriend, Resident #126.
-Over a weekend, the residents were both found undressed in bed together.
-He/she found this information out when he/she came in on Monday morning.
-He/she had only been made aware of one incident for these two residents.
-Resident #126 was cognitively impaired and could not give consent for sexual activity.
-Resident #126 had a family member who made all of the resident's decision and was the resident's DPOA.
-He/she had contacted Resident #126's DPOA a couple of days later about the incident and was told by the DPOA the resident was allowed to date.
During an interview on 12/7/21 at 11:59 A.M., Physician A said:
-He/she was not aware of any sexual activity for Residents #126 and #205 and could not recall if the facility had contacted him/her about the situation.
-If the facility had contacted him/her about a situation, he/she would have expected the staff to have documented that in the resident's medical record.
-He/She was under the impression Resident #126's family member was aware of the situation and had approved it.
During an interview on 12/8/21 at 8:48 A.M., SSD A said:
-When he/she was informed of the incident on 11/27/21 between Resident #126 and #205, the department heads were involved.
-He/She left messages for both residents' family members.
-He/She was able to reach Resident #126's family member a couple of days after the incident and told him/her the resident was found in bed under the covers, undressed, with a member of the opposite sex in that resident's room.
-Resident #126's DPOA was not active yet since it needs a second physician's signature.
-He/She attempted to contact Resident #205's family and believes one of the nurse's spoke to his/her family about the incident.
-When he/she told Resident #126's family member, he/she reacted normally.
-He/She did not go into details with the family if this had happened before.
-He/She said Resident #126's family member talked about his/her history, laughed, and joked and said it was ok for the resident to have a boyfriend/girlfriend.
-He/She was not aware of any incidents involving Resident #126 prior to 11/27/21 or after 11/27/21.
-He/She was unaware the residents were found in another resident's room on 11/27/21, he/she was under the impression they were found in Resident #205's room.
-He/She was unaware Resident #205 was found on top of Resident #126 while they were nude in another resident's bed.
-He/She had not communicated that information to Resident #126's family since he/she was not aware of the exact circumstances the residents were found in.
--NOTE: There was no documentation Resident #205's family was contacted about the incident on 11/27/21, 12/2/21, or 12/4/21.
During an interview on 12/8/21 at 10:23 A.M., Licensed Practical Nurse (LPN) P said:
-He/She was the house supervisor at the time of the incident and asked the oncoming house supervisor what he/she should do.
-He/She was told to contact the residents' families and make sure the contact was consensual.
-As far as he/she could tell both residents wanted that type of contact.
-He/She left messages for both residents' family members then turned it over to the oncoming house supervisor since he/she was going to work on a different floor the next shift.
During an interview on 12/13/21 at 2:48 P.M., the MDS Coordinator A said:
-He/she was an MDS Coordinator and also a house supervisor.
-He/she was the house supervisor the night Resident #126 and Resident #205 were found unclothed together.
-He/she had not been notified the residents had been found together unclothed.
-He/she expected the staff to notify him/her if any residents were found unclothed together or of any sexual behaviors.
-The physician and family needed to be notified.
-He/she would have notified the Assistant Director of Nursing (ADON) and Director of Nursing (DON).
-The family should have been notified and told the plan in place to protect the residents.
-Resident #126 was cognitively impaired and could not make decisions.
-He/she did not know Resident #205 very well, because he/she was just moved to the Secured Care Unit (SCU).
5. Record review of Resident #222's face sheet showed he/she was admitted to the facility on [DATE] with the following diagnoses:
-Unspecified dementia with behavioral disturbance.
-Major depressive disorder, recurrent, unspecified.
-Insomnia, unspecified.
Record review of the resident's guardianship papers, dated 7/2/18, showed the resident had been deemed incapable of making his/her decisions through the court and a legal guardian was appointed.
Record review of a written letter from the resident's guardian, dated 1/31/20, showed the guardian requested monthly updates in reference to the resident via email in a notarized letter to the facility.
Record review of the resident's quarterly MDS, dated [DATE], showed he/she:
-Was severely cognitively impaired with a BIMS of 4 out of 15.
-Did not have behaviors, including public sexual acts or disrobing in public.
-Did not wander.
Record review of the resident's Behavioral Note, dated 8/31/20 at 7:09 A.M., showed;
-The resident was found in bed with another resident.
-As staff walked in, the resident was telling staff to get out of the residents room.
-The resident has been walking two other residents around, holding their hands.
-The resident continued with 15 minute checks.
-No documentation the resident's guardian or physician was notified.
Record review of the resident's Behavioral Note, dated 9/1/20 at 7:05 A.M., showed:
-The resident was found in two residents' rooms last night.
-The resident was standing over another resident's bed just looking at the resident.
-Staff caught the resident getting off of a different resident's bed.
-No documentation the resident's guardian or physician was notified.
Record review of the resident's Behavioral Note, dated 9/13/20 at 6:32 A.M., showed;
-The resident admitted to taking his/her roommate's brief off.
-The resident was found still in his/her room, naked from the waist down.
-The resident was also found trying to go into another resident's room.
-No other behaviors noted, continued 15 minute checks.
-No documentation the resident's guardian or physician was notified.
Record review of the resident's quarterly MDS, dated [DATE], showed he/she:
-Was severely cognitively impaired with a BIMS of 4 out of 15.
-Did not have behaviors, including public sexual acts or disrobing in public.
-Did not wander.
-His/Her behaviors did not impact self or put self at risk and did not impact others.
Record review of the resident's Sexual Intimacy History Assessment, dated 10/21/20, showed staff asked the resident about sexual contact indicating the resident could have sexual contact with other residents.
--NOTE: There was no documentation the resident's guardian was included in the assessment or approved of the assessment.
Review of the resident care plan, dated 10/21/20, showed:
-Resident #222 is having a consensual relationship with another resident.
-Resident #222 stated I only have sex with who I want to have sex with as per the care plan.
-Allow both parties the right to maintain and exercise their relationship.
-Ensure families are aware of the relationship.
-Monitor relationship to ensure that both parties are agreeable and consenting-if one party is not, intervene to ensure his/her protection, safety and right to choose relationship.
-Resident placed on 15 minute check for 72 hours; initiated 11/04/20.
Record review of the resident's annual MDS, dated [DATE], showed he/she:
-Was severely cognitively impaired with a BIMS of 3 out of 15.
-Did not have behaviors, including public sexual acts or disrobing in public.
-Did wander 1 - 3 days during the look back period.
-His/Her behaviors did not impact self or put self at risk and did not impact others.
Record review of the resident's Behavioral Note, dated 4/8/21 at 6:35 A.M., showed:
-The resident was reported by another resident as taking all of the reporting resident's clothes off and touching the resident on the chest and genital areas.
-The resident was found with all of his/her clothes off.
-No documentation the resident's guardian or physician was notified.
Record review of the resident's Behavioral Note, dated 5/27/21 at 6:35 A.M., showed:
-The resident started going room to room starting about 4:00 A.M
-The resident was standing naked next to his/her roommate's bed, and was furious because staff saw the resident.
-No documentation the resident's guardian or physician was notified.
Record review of the resident's quarterly MDS's, dated 6/1/21, 8/25/21, and 11/16/21, showed:
-Was severely cognitively impaired with a BIMS of 3 out of 15.
-Did not have behaviors, including public sexual acts or disrobing in public.
-Did not wander.
-His/Her behaviors did not impact self or put self at risk and did not impact others.
During an Interview on 12/13/21 at 5:09 P.M., the resident's guardian said:
-He/She had been contacted three times by the facility in reference to the resident's behaviors, including a light scuffle recently and over the last year there was a nudity issue.
-The nudity issue was due to the resident being found with another resident who was not wearing any pants.
-He/She was not contacted about the noted incident on 4/8/21.
-Contact with the facility on 4/1/21 and 5/2/21 did not reveal any concerns related to sexually inappropriate behaviors.
-He/She had only been notified twice of sexually inappropriate behaviors.
-He/She was unaware and not informed of the updated care plan in reference to the resident having a consensual relationship with another resident on 10/21/20.
-The guardian was not contacted in reference to the sexual intimacy history assessment completed on 10/21/20.
6. During an interview on 12/6/21 at 1:46 P.M., SSD A said the nurses were responsible for notifying the residents' family and physician of sexual situations.
During a telephone interview on 12/13/21 at 1:14 P.M. House Supervisor A said the nurses were responsible for notifying the residents' family and physician if sexual abuse occurred.
During an interview on 12/13/21 at 2:48 P.M., the MDS Coordinator A (also a House Supervisor) said:
-The nurses were responsible for notifying the resident's family and physician of any sexual behaviors.
-When the nurse notified the family they were responsible for giving the details and advising the family of the plan in place to protect the resident.
During an interview on 12/14/21 at 12:14 P.M. the ADON and DON said:
-The nurses were responsible for reporting the sexual abuse/behaviors to the residents' family and physician.
-The nurse was responsible for giving detailed information of the situation when reporting to the family and physician.
4. Record review of the Resident #290's admission Record showed the resident:
-Was admitted to the facility on [DATE] and had the following diagnosis, dementia with behavioral disturbances (a progressive organic mental disorder characterized by chronic personality disintegration, confusion, disorientation, stupor, deterioration of intellectual capacity and function, and impairment of control of memory, judgment, and impulses with behaviors).
-Had a family member as his/her responsible party.
Record review of the resident's Behavior Notes, dated 8/23/20 at 8:41 P.M. completed by an agency staff, LPN K showed:
-The resident was in the television area kissing a resident.
-A Certified Nursing Assistant (CNA) reported the incident to the charge nurse and separated the residents.
-The resident of the opposite sex was redirected two times after trying to lead the resident into his/her room.
-The female resident was not identified in the behavior notes.
-There was no staff documentation showing the physician and family were notified.
Record review of the resident's Care Plan, revised 12/1/20, showed the resident:
-Had self-performance deficits in Activity of Daily Living (ADLs-bathing, grooming, dressing) due related to cognitive impairment.
-Was at risk of elopement related to impaired cognition.
-Was resistant to ADL care at times related to not comprehending what was going on due to a diagnosis of dementia.
-Demonstrated impaired cognition with memory loss and disorientation.
During a telephone interview on 12/17/21 at 9:03 A.M., agency nurse LPN K said:
-He/she had worked on 8/23/21 as an agency nurse.
-He/she had seen the two residents walking together and holding hands before the sexual situation occurred.
-He/she had been told by a CNA or Certified Medication Assistant (CMT) the residents were found kissing, but these behaviors occurred all of the time.
-He/she was concerned about this and contacted another nurse in the building, but was not sure if it was the house supervisor.
-He/she asked about the situation between the two residents and was told by the nurse this happened all the time between them.
-The nurse stated it was consensual sexual contact and no one needed to be notified and no incident report needed to be completed.
-He/she felt this was sexual abuse due to the residents being on a dementia unit.
-The residents' family and physician were not notified.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Report Alleged Abuse
(Tag F0609)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the facility failed to report sexual abuse to the State Agency (SA) or local law enforceme...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the facility failed to report sexual abuse to the State Agency (SA) or local law enforcement when one resident (Resident #126) who was assessed to have impaired cognitive function related to Alzheimer's and dementia, was twice found unclothed, in a bed with a resident assessed as cognitively intact (Resident #205). Resident #205 was also unclothed, and once was found on top of Resident #126. The facility also failed to report abuse when Resident #290, a resident with a diagnosis of dementia with behavioral disturbances, was found on top of an unknown resident in bed. Additionally, the facility failed to report when Resident #289, who had a diagnosis of dementia with behavioral disturbances, a history of aggressive sexual advances towards others residents (including Resident #203) by touching them, kissing them, and making graphic sexual comments to them. Lastly, the facility failed to report when an unidentified resident was sexually abused by Resident #222, who had severe cognitively impairment. The unknown resident reported Resident #222 took all of his/her clothes off and touched the resident on the chest and genital areas. Resident #222 admitted to taking the unidentified resident's brief off. A sample of 37 residents and six closed records were reviewed. The facility census was 250 residents.
Record review of the facility's Abuse Prevention Program policy, dated 3/18, showed:
-The facility affirms the right of their residents to be free from abuse (verbal, mental, sexual or physical) and prohibits acts of abuse against its residents.
-Sexual abuse is defined as non-consensual sexual contact of any type with a resident.
-Prevention of abuse will include facility assessment to determine risks that contribute to abusive situations; resident assessment to ensure person-centered care approaches are individualized and communicated to facility staff; and a review of incident patterns to ensure resident safety.
-The facility will develop and implement policies and procedures to assist in the identification and reporting of events, trends and patterns that may constitute abuse or that may require further investigation.
-Any allegation of abuse will be reported immediately to the facility Administrator or his/her designee, who will follow Federal requirements for reporting to the state licensing agency, law enforcement, resident's representative and resident's primary physician.
Record review of the facility's Sexual Intimacy policy, dated 8/16, showed:
-When residents with dementia (a progressive organic mental disorder characterized by chronic personality disintegration, confusion, disorientation, stupor, deterioration of intellectual capacity and function, and impairment of control of memory, judgment, and impulses) or impaired cognition express their sexuality by engaging in intimate and/or sexual behavior with another resident, the facility has an obligation to the residents involved, their designated responsible parties, and staff to assess the residents' abilities to consent and participate in sexual intimacy to avoid negative outcomes and maintain protective oversight.
-The definition of capacity: the ability to understand the nature and effect of one's acts in a specific moment in time; an individual may have capacity in one area and not in another.
-The definition of competency: refers to global function in making personal decisions across a wide range of domains; a legal finding conducted to allow the court to determine an individual's mental capacity.
-The definition of intimacy: expression of the natural desire for people to be connected. Physical closeness includes physical touching, such as nonsexual touching, hugging and caressing. Intimacy is not a synonym for sex; however sexual activity frequently occurs within an intimate relationship.
-The definition of protective oversight: 24 hour a day awareness of the location of the resident, ability to intervene on behalf of the resident, supervision of all aspects of care and responsibility for the welfare of the resident except when the resident is on voluntary leave.
-The definition of sexual abuse: subjecting another person to sexual contact by force. It includes, but is not limited to sexual harassment, coercion and assault.
-Each resident has the right to fulfill his/her need to have social interactions with other people as they wish, unless having the relationship is clinically contraindicated based upon a documented assessment.
-Residents will be assessed to determine their capacity to consent to engage in sexual activity, as appropriate, if they suffer from dementia or impaired cognition.
-Residents are presumed to have the capacity to consent, absent evidence to the contrary based upon physical and psychological assessments.
-Residents have the right to be protected from nonconsensual physical contact of a sexual nature which does not necessarily involve sexual intercourse.
-The form in Appendix A, Sexual Intimacy History Assessment, is to be completed upon admission.
-When residents are found engaging in some type of sexual contact when they have not been assessed for their ability to consent staff must respond by following the Abuse and Neglect policy; notifying the Administrator, Director of Nursing or his/her designee, residents' physicians and responsible parties for each of the residents; completing an investigation; and documenting an account of the incident and investigation.
-Residents who have a diagnosis of dementia or another form of cognitive impairment will be assessed utilizing the Sexual Consent Assessment form in Appendix B of this policy.
-Nursing staff will notify the residents' responsible parties of an encounter as soon as possible when the Assessments and care planning process have not been initiated.
-Residents who have questionable ability to consent to sexual expression have the right to an assessment to evaluate their competence in making such a decision and, when necessary, for their responsible party to be involved in decisions about their sexual expression.
-Interdisciplinary Team (IDT) meetings including each resident and his/her responsible party separately should be scheduled no later than 72 hours from the initial notification of the DON (Director of Nursing) and social services staff.
-The IDT meeting should include a discussion involving a determination of the residents' past values and if the relationship is consistent with life-long values; a determination regarding whether past values fully apply in the present situation; a determination, based upon current levels of cognition, if the residents involved have the same rights to privacy and free association as other residents who have no cognitive impairments; a determination regarding the extent that others should be allowed to make decisions about this relationship; a determination if each resident is capable of entering into a relationship without coercion; and the results of the Sexual Consent Assessment will be utilized in further decision-making and care planning.
-The facility shall provide initial staff orientation and on-going staff training regarding intimacy and/or sexual expression as well as sensitivity awareness about residents' sexual rights, sexual abuse, and staff responsibilities.
-The facility shall obtain consultation regarding intimacy and/or sexual expression in cases that are considered to be complex or controversial.
1. Record review of Resident #126's face sheet showed he/she was admitted to the facility on [DATE] with the following diagnoses:
-Alzheimer's Disease (a slowly progressive disease of the brain that is characterized by impairment of memory and eventually by disturbances in reasoning, planning, language, and perception).
-Major Depressive Disorder (a state of intense sadness or despair that has advanced to the point of being disruptive to an individual's social functioning and/or activities of daily living).
-Dementia.
-Generalized Anxiety Disorder (a psychiatric disorder causing feelings of persistent anxiety).
-Cognitive Communication Deficit.
Record review of the resident's care plan, last updated on 11/23/21, showed:
-The resident was dependent on staff for meeting emotional, intellectual, physical and social needs.
-The staff should allow the resident to make simple decisions about his/her care and clothes to provide a sense of control.
-The resident was an elopement risk/wanderer related to diagnosis of Alzheimer's Disease and the goal was that the resident's safety would be maintained through the review date.
-The resident had a communication problem due to his/her dementia related to a diagnoses of Alzheimer's Disease and the goal was that the resident would be able to make basic needs known using simple words and answer simple yes/no questions.
-The resident had impaired cognitive function related to Alzheimer's and Dementia.
Record review of the resident's admission Minimum Data Set (MDS-a federally mandated assessment tool used by facility staff for care planning), dated 8/20/20, showed he/she:
-Was severely cognitively impaired with a BIMS (brief interview for mental status) of six out of 15.
-Did not have behaviors such as abusing others sexually, pacing, rummaging, public sexual acts, or disrobing in public.
-Behaviors did not put the resident at risk for illness or injury and did not impact others.
-Did wander 1 - 3 days during the look back period.
-Wandering did not put the resident at risk.
Record review of the resident's Behavior Notes, dated 9/1/20, showed:
-The resident was found with an unidentified resident on top of him/her in another resident's room.
-The resident said the other resident just touched his/her chest and tried to remove an article of clothing.
-The residents were separated and he/she was escorted out of the room and placed on 15 minute checks.
-No injuries were sustained.
-NOTE: No documentation by facility staff the incident reported to the SA or local law enforcement.
Record review of the resident's incapacity letter, dated 9/15/20, showed:
-The resident's physician (Physician A) signed the letter, which stated the resident was unable to receive and evaluate information or communicate decisions to such an extent that he/she even with appropriate services and assistive technologies, lacks capacity to manage essential requirements for food, clothing, shelter, safety, or other care; such that serious physical injury, illness or disease is likely to occur, and to such an extent that he/she lacks the ability to manage financial resources without supervision or assistant.
-The letter also stated that it was the resident's physician's opinion that the power of attorney for the resident should be allowed to serve in that capacity to meet his/her needs.
Record review of the resident's quarterly MDS, dated [DATE], showed:
-The resident was severely cognitively impaired, with a BIMS of four out of 15.
-Did not have behaviors such as abusing others sexually, pacing, rummaging, public sexual acts, or disrobing in public.
-Behaviors did not put the resident at risk for illness or injury and did not impact others.
-The resident wandered four to six days out of the lookback period.
Record review of the resident's medical record showed no documentation a Sexual Consent Assessment was completed.
Record review of the resident's behavior note, dated 11/27/21 at 8:45 P.M., showed:
-The resident was found in a different resident's room. The resident was undressed in bed with a resident, Resident #205, who was also naked.
-The resident resisted, but did go back to his/her room.
-The Director of Nursing (DON) was notified and the resident's family was called with a message left.
-Resident refused skin assessment, but staff reported no issues when he/she was getting dressed.
-The resident was pacing around the halls trying to get back to the other resident's room. Staff redirected the resident.
-NOTE: No documentation by facility staff the incident was reported to the SA or local law enforcement.
Record review of the undated facility investigation of the 11/27/21 incident showed:
-No documentation a Sexual Consent Assessment was completed per facility policy, although the resident had diagnoses including Alzheimer's disease, dementia, and Cognitive Communication Deficit.
-No documentation by facility staff the incident was reported to the SA or local law enforcement.
Record review of the resident's care plan, dated 11/30/21, showed the resident had a consensual relationship with a resident of the opposite sex and both residents were agreeable and consenting to the relationship.
Record review of the resident's social services note, dated 11/30/21, showed:
-SSD A spoke with the resident's family member concerning the incident over the weekend involving a resident of the opposite sex.
-The resident's family member stated as long as there was no harm and the resident agreed with the contact from the other resident, he/she had no concerns.
Record review of the resident's Sexual Intimacy History, dated 11/30/21, showed:
-The resident answered yes to the following questions:
--Are you comfortable giving or receiving affection such as a soothing touch, hug, or a kiss?
--Are you accustomed to sleeping alone in bed?
--Are you currently involved in a relationship?
--Are you seeking to have a relationship with someone in the facility? If so, explain. The form indicated Resident #205.
-The resident answered no to the following questions:
--Since living with us have you noted any changes in the way you show your companion you are? Explain.
--Do you have any concerns regarding your interactions with this person. If so, explain.
--Any known history of abuse, mistreatment, or trauma: sexual, physical, emotional, verbal.
--Do you have any known history of sexually transmitted infections?
-The resident did not have a Sexual Intimacy History prior to 11/30/21.
Record review of the resident's behavior note, dated 12/4/21 at 12:20 A.M., showed:
-The resident was found in bed with a resident of the opposite sex.
-The resident was half way naked and the other resident was naked.
-The resident was asked to put his/her top on and was escorted to his/her room.
-The supervisor was notified.
-NOTE: No documentation by facility staff the incident was reported to the SA or local law enforcement.
During an interview with the resident's family member on 12/6/21 at 5:20 P.M., he/she said:
-The facility staff called him/her and said his/her family member was found in a room with a member of the opposite sex, but that it was an innocent interaction.
-He/She said the staff told him/her the resident was able to recall the entire interaction, which he/she thought was strange due to the resident's dementia and the resident not able to recall or remember certain family members.
-He/She said it was ok as long as his/her family member was not harmed, he/she wanted the resident to have friends at the facility.
-He/She was not aware the resident and the resident he/she was found with were undressed at the time.
-He/She would not have consented to this, his/her family member before his/her dementia would not have done something like this prior to his/her dementia.
-The resident did not have the cognitive ability to consent to an intimate relationship and he/she believed the resident would not have wanted that kind of contact if he/she had the ability to make decisions.
-He/She was contacted about a similar situation about six months ago, but to his/her knowledge it was also an innocent interaction and the residents were fully dressed.
-He/She was not aware of any other situations with the resident being in other resident rooms, being undressed, or being found in bed with members of the opposite sex.
2. Record review of Resident #205's face sheet showed he/she was admitted to the facility on [DATE] with the following diagnoses:
-Alzheimer's Disease.
-Dementia.
-Anxiety Disorder.
-Depression.
-Bipolar Disorder (A disorder associated with episodes of mood swings ranging from depressive lows to manic highs).
Record review of the resident's care plan, updated 10/1/21, showed the resident was an elopement risk/wanderer related to impaired cognition.
Record review of the resident's annual MDS, dated [DATE] and his/her quarterly MDS dated [DATE], showed the resident:
-Was cognitively intact, with a BIMS of 14 out of 15.
-Did not have behaviors such as abusing others sexually, public sex acts, or disrobing publicly.
-Did not have behaviors that impacted self or others.
-Did not wander.
Record review of the resident's behavior note, dated 11/27/21, showed:
-The resident was found in a different resident's room.
-The resident was undressed in bed with another resident Resident #126, who was also naked.
-The resident resisted, but did go to his/her room.
-The resident refused a skin assessment, but the resident's chest, back and legs were seen with no issues noted.
-The resident was already on 15 minute checks when this incident occurred.
-No documentation the facility notified the SA or local law enforcement.
Record review of the undated facility investigation of the 11/27/21 incident showed:
-No documentation a Sexual Consent Assessment was completed per facility policy, although the resident had diagnoses including Alzheimer's disease, dementia, and Cognitive Communication Deficit.
-No documentation by facility staff the incident was reported to the SA or local law enforcement.
Record review of the resident's care plan, dated 11/30/21, showed the resident had a consensual relationship with a resident of the opposite sex and both residents were agreeable and consenting to the relationship.
Record review of the resident's medical record showed no documentation a Sexual Consent Assessment was completed.
Record review of the resident's Sexual Intimacy History, dated 11/30/21, showed:
-The resident answered yes to the following questions:
--Are you comfortable giving or receiving affection such as a soothing touch, hug, or a kiss?
--Are you accustomed to sleeping alone in bed?
--Are you currently involved in a relationship?
--Are you seeking to have a relationship with someone in the facility? If so, explain. The form indicated Resident #126.
-The resident answered no to the following questions:
--Since living with us have you noted any changes in the way you show your companion you are? Explain.
--Do you have any concerns regarding your interactions with this person? If so, explain.
--Any known history of abuse, mistreatment, or trauma: sexual, physical, emotional, verbal.
--Do you have any known history of sexually transmitted infections?
Review of the resident's behavior noted, dated 12/4/21, showed:
-The resident was found lying on his/her bed with Resident #126.
-The resident had no brief on and the other resident had no top on.
-The other resident was redirected to his/her bedroom and the house supervisor was notified.
-No documentation the facility notified the SA or local law enforcement.
3. During an interview on 12/6/21 at 11:45 A.M., the DON said:
-It was his/her understanding that Resident #126 was found in Resident #205's room on 11/27/21.
-It was his/her understanding that Resident #126's family gave permission for the resident to be sexually intimate with Resident #205.
-It was his/her understanding that Resident #126's family gave consent, he/she did not need to report the incident to the SA or law enforcement.
During an interview on 12/6/21 at 1:46 P.M., the SSD A said:
-Resident #205 had been moved to the SCU after trying to leave another floor to meet a porn star and go to a hotel.
-There was a situation that occurred with Resident #205 and his/her boyfriend/girlfriend, Resident #126.
-Over a weekend, the residents were both found undressed in bed together.
-He/she found this information out when he/she came in on Monday morning.
-He/she asked Resident #126 if he/she was forced to get in bed with him/her and he/she said no and believed Resident #205 was his/her boyfriend/girlfriend.
-He/she had only been made aware of one incident for these two residents.
-He/she was unaware if a physician or psychologist had assessed the residents to see if they could cognitively consent to sexual activity.
-Resident #126 was cognitively impaired and could not give consent for sexual activity.
-Resident #126 had a family member who made all of the resident's decision and was the resident's Durable Power of Attorney (DPOA).
-He/she had contacted Resident #126's DPOA about the incident and was told by the DPOA the resident was allowed to date.
-Resident #126 had behaviors of wandering into resident rooms and could make basic needs known.
-Resident #205 started to cognitively decline and had to be placed on the SCU with the use of a wandergard.
-The DON was responsible for reporting sexual abuse to the State Agency (SA) and completing an investigation.
-He/she believed this was reported to the SA.
-He/she was not aware of any other instances between to the residents.
-He/she had only been told of one sexual situation between these two residents.
During an interview on 12/8/21 at 8:48 A.M., SSD A said:
-When he/she was informed of the incident on 11/27/21 between Resident #126 and #205, the department heads were involved.
-He/She was not aware of any incidents involving Resident #126 prior to 11/27/21 or after 11/27/21.
-He/She was unaware Resident #205 was found on top of Resident #126 while they were unclothed in another resident's bed.
-He/She did not report to the SA, he/she thought that it was the DON or Administrator who did that.
During an interview on 12/8/21 at 12:21 P.M., the DON said:
-The 9/1/20 incident involving Resident #126 was not called into the SA.
-The incident on 11/27/21 did not need to be called to the SA since both residents were able to consent to the interaction.
-He/She was not aware the residents were found in another resident room, he/she thought they were found in Resident #205's room.
-He/She was not aware Resident #205 was found on top of Resident #126.
-An investigation was not initiated on the 12/4/21 incident involving Resident #126 being found in bed unclothed since the residents were deemed able to consent to the interaction
During an interview on 12/13/21 at 2:48 P.M., the MDS Coordinator A said:
-He/she was an MDS Coordinator and also a house supervisor.
-He/she was the house supervisor the night Resident #126 and Resident #205 were found unclothed together.
-He/she had not been notified the residents had been found together unclothed.
-He/she expected the staff to notify him/her if any residents were found unclothed together or of any sexual behaviors.
-He/she would have notified the Assistant Director of Nursing (ADON) and DON.
-The Administrator and DON were responsible for reporting sexual abuse to the SA.
6. Record review of Resident #222's face sheet showed he/she was admitted to the facility on [DATE] with the following diagnoses:
-Unspecified dementia with behavioral disturbance.
-Major depressive disorder, recurrent, unspecified.
-Insomnia, unspecified.
Record review of guardianship papers, dated 7/2/18, showed the resident had been deemed incapable of making his/her decisions through the court and a legal guardian was appointed.
Record review of the resident's quarterly MDS, dated [DATE], showed he/she:
-Was severely cognitively impaired with a BIMS of 4 out of 15.
-Did not have behaviors, including public sexual acts or disrobing in public.
-Did not wander.
Record review of the resident's Behavioral Note, dated 8/31/20 at 7:09 A.M., showed:
-The resident was found in bed with another resident.
-As staff walked in, the resident was telling staff to get out of the residents room.
-The resident had been walking two other residents around, holding their hands.
There was no staff documentation that showed the SA was notified.
Record review of the resident's Behavioral Note, dated 9/13/20 at 6:32 A.M., showed:
-The resident admitted to taking his/her roommate's brief off.
-The resident was found still in his/her room, naked from the waist down.
-The resident was also found trying to go into another resident's room.
-No other behaviors noted, continued 15 minute checks.
-No documentation the SA was notified.
Record review of the resident's medical record showed no documentation of a Sexual Intimacy History or Sexual Consent Assessment for the resident.
Record review of the resident's quarterly MDS, dated [DATE], showed he/she:
-Was severely cognitively impaired with a BIMS of 4 out of 15.
-Did not have behaviors, including public sexual acts or disrobing in public.
-Did not wander.
-His/Her behaviors did not impact self or put self at risk and did not impact others.
Review of the resident care plan, dated 10/21/20, showed:
-Resident #222 was having a consensual relationship with another resident.
-Resident #222 stated I only have sex with who I want to have sex with as per the care plan.
-Allow both parties the right to maintain and exercise their relationship.
-Ensure families are aware of the relationship.
-Monitor relationship to ensure that both parties are agreeable and consenting-if one party is not, intervene to ensure his/her protection, safety and right to choose relationship.
-Resident placed on 15 minute check for 72 hours; initiated 11/04/20.
Record review of the resident's annual MDS, dated [DATE], showed he/she:
-Was severely cognitively impaired with a BIMS of 3 out of 15.
-Did not have behaviors, including public sexual acts or disrobing in public.
-Did wander 1 - 3 days during the look back period.
-His/Her behaviors did not impact self or put self at risk and did not impact others.
Record review of the resident's Behavioral Note, dated 4/8/21 at 6:35 A.M., showed:
-The resident was reported by another resident as taking all of the reporting resident's clothes off and touching the resident on the chest and genital areas.
-The resident was found with all of his/her clothes off.
-No documentation the SA was notified.
Record review of the resident's medical record showed no documentation of a Sexual Intimacy History or Sexual Consent Assessment for the resident.
The facility was unable to identify who the resident was that reported the incident. No investigation was found into the incident to determine if the resident being touched had been assessed.
Record review of the resident's Behavioral Note, dated 5/27/21 at 6:35 A.M., showed:
-The resident started going room to room starting about 4:00 A.M.
-The resident was standing naked next to his/her roommate's bed, and was furious because staff saw the resident.
-No documentation the SA was notified.
The facility was unable to identify who the resident was that reported the incident. No investigation was found into the incident to determine if the resident being touched had been assessed.
7. During an interview on 12/6/21 at 1:46 P.M., SSD A said the DON was responsible for reporting sexual abuse to the SA.
During an interview on 12/13/21 at 2:48 P.M., the MDS Coordinator A (also a House Supervisor) said the Administrator and DON were responsible for reporting sexual abuse to the SA.
During a telephone interview on 12/14/21 at 4:16 P.M., LPN M said:
-The House Supervisor was responsible for reporting abuse to the DON.
-The DON was responsible for reporting sexual abuse to the SA.
During the Quality Assurance (QA) interview on 12/14/21 at 10:03 A.M., the Administrator and DON said:
-A morning meeting was held with all department heads.
-If any abuse had occurred, this would be brought up in the morning meeting.
-The House Supervisors, ADON, and DON were responsible for reporting any abuse to the SA.
During an interview on 12/14/21 at 12:14 P.M., the ADON and DON said:
-The House Supervisor was responsible for reporting any sexual abuse to the DON.
-The DON was responsible for reporting the sexual abuse to the SA or would instruct the House Supervisor to report to the SA.
4. Record review of the Resident #290's admission Record showed he/she:
-Was admitted to the facility on [DATE] and had the following diagnosis, dementia with behavioral disturbances (a progressive organic mental disorder characterized by chronic personality disintegration, confusion, disorientation, stupor, deterioration of intellectual capacity and function, and impairment of control of memory, judgment, and impulses with behaviors).
-Had a family member as his/her responsible party.
Record review of the resident's medical record showed no documentation of a Sexual Intimacy History or Sexual Consent Assessment for the resident.
Record review of the resident's Physician's Progress Notes, dated 8/18/20, showed the resident was not able to provide the physician with information and could not answer questions with accuracy.
Record review of the resident's Behavior Notes, dated 8/23/20 at 8:41 P.M. completed by an agency staff Licensed Practical Nurse (LPN) K, showed:
-The resident was in the television area kissing a resident of the opposite sex.
-A CNA reported the incident to the charge nurse and separated the residents.
-The other resident was redirected two times after trying to lead the resident into his/her room.
-Both residents were easily re-directed.
-The other resident was not identified in the behavior notes.
-Documentation did not include notification of the state agency.
Record review of the resident's Incident Note, dated 9/1/20 at 11:11 P.M. completed by Certified Medication Technician (CMT) C, showed:
-He/she had knocked and walked into the resident's room.
-He/she found a resident on the bed, on his/her back with his/her arms at him/her sides.
-Resident #290 was on top of him/ her.
-The resident got off of the resident and when asked what he/she was doing he/she said nothing.
-After being questioned again he/she said they were just kissing, he/she knew they should not be doing this and he/she would not do this again.
-The residents were separated and the other resident was escorted out of the room.
-Documentation did not include notification of the state agency.
Record review of the resident's untitled physician letter, dated 9/10/21, showed:
-The resident was unable to receive and evaluate information and communicate decisions to such an extent he/she, even with appropriate services and assistive technologies, lacks capacity to manage essential requirements for food, clothing, shelter, safety, or other care such that serious physical injury, illness or disease was likely to occur.
-Therefore in my opinion, the resident's DPOA should be allowed to serve in the capacity to meet the resident's needs.
Record review of the resident's Care Plan, revised 12/1/20, showed the resident:
-Had self-performance deficits in Activity of Daily Living (ADLs-bathing, grooming, dressing) due related to cognitive impairment.
-Was at risk of elopement related to impaired cognition.
-Was resistant to ADL care at times related to not comprehending what was going on due to a diagnosis of dementia.
-Demonstrated impaired cognition with memory loss and disorientation.
5. Record review of Resident #203's quarterly MDS, dated [DATE], showed the resident:
-A BIMS of 2, indicating severe cognitive impairment.
-Did not exhibit behaviors.
-Diagno[TRUNCATED]
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Investigate Abuse
(Tag F0610)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the facility failed to follow their policy and procedures to ensure a thorough investigati...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the facility failed to follow their policy and procedures to ensure a thorough investigation of resident to resident sexual contact was completed to determine whether sexual abuse occurred. This deficient practice affected one resident (Resident #126) who was assessed to have impaired cognitive function related to Alzheimer's and dementia, was twice found unclothed, in a bed with a resident assessed as cognitively intact (Resident #205). Resident #205 was also unclothed, and once was found on top of Resident #126. The facility also failed to thoroughly investigate when Resident #290, a resident with a diagnosis of dementia with behavioral disturbances, was found on top of an unknown resident in bed. Additionally, the facility failed to thoroughly investigate when Resident #289, who had a diagnosis of dementia with behavioral disturbances, a history of aggressive sexual advances towards others residents (including Resident #203) by touching them, kissing them, and making graphic sexual comments to them. Lastly, the facility failed to thoroughly investigate when an unidentified resident reported Resident #222 took all of his/her clothes off and touched the resident on the chest and genital areas. Resident #222 admitted to taking the unidentified resident's brief off. A sample of 37 residents and six closed records were reviewed. The facility census was 250 residents.
Record review of the facility's Abuse Prevention Program policy, dated 3/18, showed:
-The facility affirms the right of their residents to be free from abuse (verbal, mental, sexual or physical) and prohibits acts of abuse against its residents.
-Sexual abuse is defined as non-consensual sexual contact of any type with a resident.
-Prevention of abuse will include facility assessment to determine risks that contribute to abusive situations; resident assessment to ensure person-centered care approaches are individualized and communicated to facility staff; and a review of incident patterns to ensure resident safety.
-The facility will develop and implement policies and procedures to assist in the identification and reporting of events, trends and patterns that may constitute abuse or that may require further investigation.
-Facility staff will investigate and report any allegations of abuse within timeframes required by Federal law.
-Any allegation of abuse will be reported immediately to the facility Administrator or his/her designee, who will follow Federal requirements for reporting to the state licensing agency, law enforcement, resident's representative and resident's primary physician.
1. Record review of Resident #126's face sheet showed he/she was admitted to the facility on [DATE] with the following diagnoses:
-Alzheimer's Disease (a slowly progressive disease of the brain that is characterized by impairment of memory and eventually by disturbances in reasoning, planning, language, and perception).
-Major Depressive Disorder (a state of intense sadness or despair that has advanced to the point of being disruptive to an individual's social functioning and/or activities of daily living).
-Dementia.
-Generalized Anxiety Disorder (a psychiatric disorder causing feelings of persistent anxiety).
-Cognitive Communication Deficit.
Record review of the resident's care plan, updated on 11/23/21, showed:
-The resident was dependent on staff for meeting emotional, intellectual, physical and social needs.
-The staff should allow the resident to make simple decisions about his/her care and clothes to provide a sense of control.
-The resident was an elopement risk/wanderer related to diagnosis of Alzheimer's Disease and the goal was that the resident's safety would be maintained through the review date.
-The resident had a communication problem due to his/her dementia related to a diagnoses of Alzheimer's Disease and the goal was that the resident would be able to make basic needs known using simple words and answer simple yes/no questions.
-The resident had impaired cognitive function related to Alzheimer's and Dementia.
Record review of the resident's admission Minimum Data Set (MDS-a federally mandated assessment tool used by facility staff for care planning), dated 8/20/20, showed he/she:
-Was severely cognitively impaired with a BIMS (brief interview for mental status) of six out of 15.
-Did not have behaviors such as abusing others sexually, pacing, rummaging, public sexual acts, or disrobing in public.
-Behaviors did not put the resident at risk for illness or injury and did not impact others.
-Did wander 1 - 3 days during the look back period.
-Wandering did not put the resident at risk.
Record review of the resident's Behavior Notes, dated 9/1/20, showed:
-The resident was found with another resident on top of him/her in another resident's room.
-The resident said the other resident just touched his/her chest and tried to remove an article of clothing.
-The residents were separated and he/she was escorted out of the room and placed on 15 minute checks.
-No injuries were sustained.
-NOTE: No documentation by facility staff the incident was investigated.
Record review of the resident's incapacity letter, dated 9/15/20, showed:
-The resident's physician (Physician A) signed the letter, which stated the resident was unable to receive and evaluate information or communicate decisions to such an extent that he/she even with appropriate services and assistive technologies, lacks capacity to manage essential requirements for food, clothing, shelter, safety, or other care; such that serious physical injury, illness or disease is likely to occur, and to such an extent that he/she lacks the ability to manage financial resources without supervision or assistant.
-The letter also stated that it was the resident's physician's opinion that the power of attorney for the resident should be allowed to serve in that capacity to meet his/her needs.
Record review of the resident's quarterly MDS, dated [DATE], showed:
-The resident was severely cognitively impaired, with a BIMS of four out of 15.
-Did not have behaviors such as abusing others sexually, pacing, rummaging, public sexual acts, or disrobing in public.
-Behaviors did not put the resident at risk for illness or injury and did not impact others.
-The resident wandered four to six days out of the lookback period.
Record review of the resident's behavior note, dated 11/27/21 at 8:45 P.M., showed:
-The resident was found in a resident's room. The resident was undressed in bed with a Resident #205, who was also naked.
-The resident resisted but did go back to his/her room.
-The DON was notified and the resident's family was called with a message left.
-The resident was pacing around the halls trying to get back to the other resident's room. Staff redirected the resident.
-NOTE: No documentation by facility staff the incident was thoroughly investigated, including interviews of staff who were there and witnessed the incident, an interview with the cognitive intact resident, or the residents in whose room they were found in.
Record review of the undated facility investigation of the 11/27/21 incident showed:
-The investigation included a soft file check list which included a face sheet, Physician Order Sheet (POS), nurses notes, care plan, incident report, witness statements, resident interviews, skin assessment, lab or X-Ray if applicable, most recent BIMS - redo if a change, wander risk if applicable, summary, documentation of follow up actions if applicable (therapy evaluation, psychiatric (psych) referral, etc.), and any other applicable documents (grievance forms, resident council minutes, etc.)
--Witness statements and resident interviews were highlighted with a note beside the resident interviews for the Social Services Designee (SSD) to do an intimacy assessment.
--Documentation of follow up actions had a notation beside it that was highlighted for 15 minute checks.
-An updated care plan for the resident dated 11/30/21 showed the resident had a consensual relationship with a resident of the opposite sex and both residents were agreeable and consenting to the relationship.
-A sexual intimacy history for the resident dated 11/30/21 showed the resident identified Resident #205 as a person he/she was in a relationship with.
-There were no witness statements, staff interviews or documentation of notification of physician or family.
-NOTE: No documentation by facility staff the incident was thoroughly investigated. The facility staff did not interview staff who were there and witnessed the incident or the cognitively intact resident, or the residents in whose room they were found in.
Record review of the resident's care plan, dated 11/30/21, showed the resident had a consensual relationship with a resident of the opposite sex and both residents were agreeable and consenting to the relationship.
Record review of the resident's behavior note, dated 12/4/21 at 12:20 A.M., showed:
-The resident was found in bed with another resident.
-The resident was half way naked and the other resident was naked.
-The resident was asked to put his/her top on and was escorted to his/her room.
-The supervisor was notified.
-NOTE: No documentation by facility staff the incident was investigated.
During an interview with the resident's family member on 12/6/21 at 5:20 P.M., he/she said:
-The facility staff called him/her and said his/her family member was found in a room with a member of the opposite sex but that it was an innocent interaction.
-He/She said the staff told him/her the resident was able to recall the entire interaction, which he/she thought was strange due to the resident's dementia and the resident not able to recall or remember certain family members.
-He/She said it was ok as long as his/her family member was not harmed, he/she wanted the resident to have friends at the facility.
-He/She was not aware the residents were undressed at the time.
-He/She would not have consented to this, his/her family member would not have done something like this prior to his/her dementia.
-The resident did not have the cognitive ability to consent to an intimate relationship and he/she believed the resident would not have wanted that kind of contact if he/she had the ability to make decisions.
-He/She was contacted about a similar situation about six months ago, but to his/her knowledge it was also an innocent interaction and the residents were fully dressed.
-He/She was not aware of any other situations with the resident being in other resident rooms, being undressed, or being found in bed together.
2. Record review of Resident #205's face sheet showed he/she was admitted to the facility on [DATE] with the following diagnoses:
-Alzheimer's Disease.
-Dementia.
-Anxiety Disorder.
-Depression.
-Bipolar Disorder (A disorder associated with episodes of mood swings ranging from depressive lows to manic highs).
Record review of the resident's care plan, updated on 10/1/21, showed the resident was an elopement risk/wanderer related to impaired cognition.
Record review of the resident's annual MDS, dated [DATE] and his/her quarterly MDS dated [DATE], showed the resident:
-Was cognitively intact, with a BIMS of 14 out of 15.
-Did not have behaviors such as abusing others sexually, public sex acts, or disrobing publicly.
-Did not have behaviors that impacted self or others.
-Did not wander.
Record review of the resident's behavior note, dated 11/27/21, showed:
-The resident was found in a different resident's room, undressed and in bed with Resident #126, who was also naked.
-The resident resisted, but did go to his/her room.
-The resident was already on 15 minute checks when this incident occurred.
-NOTE: No documentation by facility staff the incident was thoroughly investigated. The facility staff did not interview staff who were there and witnessed the incident or the cognitively intact resident, or the residents in whose room they were found in.
Record review of the undated investigation of the 11/27/21 incident showed:
-The investigation included a soft file check list which included a face sheet, POS, nurses notes, care plan, incident report, witness statements, resident interviews, skin assessment, lab or X-Ray if applicable, most recent BIMS - redo if a change, wander risk if applicable, summary, documentation of follow up actions if applicable (therapy evaluation, psychiatric (psych) referral, etc.), and any other applicable documents (grievance forms, resident council minutes, etc.)
--Witness statements and resident interviews were highlighted with a note beside the resident interviews for the SSD to do an intimacy assessment.
--Documentation of follow up actions had a notation beside it that was highlighted for 15 minute checks.
-An updated care plan for the resident dated 11/30/21 showed the resident had a consensual relationship with a resident and both residents were agreeable and consenting to the relationship.
-A sexual intimacy history for the resident dated 11/30/21 showed Resident #126 was the resident identified the he/she was having a relationship with.
-There were no witness statements, staff interviews or documentation of notification of physician or family.
-NOTE: No documentation by facility staff the incident was thoroughly investigated. The facility staff did not interview staff who were there and witnessed the incident or the cognitively intact resident, or the residents in whose room they were found in.
Record review of the resident's care plan, dated 11/30/21, showed the resident had a consensual relationship with another resident and both residents were agreeable and consenting to the relationship.
Review of the resident's behavior noted, dated 12/4/21, showed:
-The resident found lying on his/her bed with a resident of the opposite sex (Resident #126).
-The resident had no brief on and the other resident had no top on.
-The other resident was redirected to his/her bedroom and the house supervisor was notified.
-There was no documentation of an investigation completed.
3. During an interview on 12/6/21 at 11:45 A.M., the DON said:
-He/She did not do an investigation after Resident #126 and Resident #205 were found naked in bed together on 11/27/21.
-It was his/her understanding that Resident #126 was found in Resident #205's room on 11/27/21.
-It was his/her understanding that Resident #126's family gave permission for the resident to be sexually intimate with Resident #205.
-He/She did not do an investigation after Resident #126 and Resident #205 were found in bed together on 12/4/21 since Resident #126's family had already consented to the relationship.
-Because it was his/her understanding that Resident #126's family gave consent, he/she did not need to investigate the incident.
During an interview on 12/6/21 at 1:46 P.M., the SSD A said:
-Resident #205 had been moved to the SCU after trying to leave another floor to meet a porn star and go to a hotel.
-There was a situation that occurred with Resident #205 and his/her boyfriend/girlfriend, Resident #126.
-Over a weekend, the residents were both found undressed in bed together.
-He/she found this information out when he/she came in on Monday morning.
-He/she asked Resident #126 if he/she was forced to get in bed with him/her and he/she said no and believed Resident #205 was his/her boyfriend/girlfriend.
-He/she had only been made aware of one incident for these two residents.
-He/she was unaware if a physician or psychologist had assessed the residents to see if they could cognitively consent to sexual activity.
-Resident #126 was cognitively impaired and could not give consent for sexual activity.
-Resident #126 had a family member who made all of the resident's decision and was the resident's Durable Power of Attorney (DPOA).
-He/she had contacted Resident #126's DPOA about the incident and was told by the DPOA the resident was allowed to date.
-Resident #126 had behaviors of wandering into resident rooms and could make basic needs known.
-Resident #205 started to cognitively decline and had to be placed on the SCU with the use of a wandergard.
-The DON was responsible for completing an investigation.
-He/she was not aware of any other sexual contact between to the residents.
-He/she had only been told of one sexual situation between these two residents.
During an interview on 12/8/21 at 8:48 A.M., SSD A said:
-When he/she was informed of the incident on 11/27/21 between Resident #126 and #205, the department heads were involved.
-The DON and ADON asked him/her to do a Sexual Intimacy Assessment and he/she was told what to do.
-He/She read what happened from the electronic medical record notes, he/she did not interview the residents or staff.
-He/She left messages for both residents' family members.
-He/She was able to reach Resident #126's family member a couple of days after the incident and told him/her the resident was found in bed under the covers, undressed, with a member of the opposite sex in that resident's room.
-When he/she told Resident #126's family member, he/she reacted normally.
-He/She did not go into details with the family if this had happened before.
-He/She was not aware of any incidents involving Resident #126 prior to 11/27/21 or after 11/27/21.
-He/She was unaware the residents were found in another resident's room on 11/27/21, he/she was under the impression they were found in Resident #205's room.
-He/She was unaware Resident #205 was found on top of Resident #126 while they were undressed in another resident's bed.
-He/She had not communicated that information to Resident #126's family since he/she was not aware of the exact circumstances the residents were found in.
During an interview on 12/8/21 at 12:21 P.M., the DON said:
-There was not an investigation on the 9/1/20 incident involving Resident #126.
-There was not a complete investigation for the 11/27/21 incident involving Resident #126 and Resident #205.
-The incident on 11/27/21 did not need an investigation since both residents were able to consent to the interaction.
-He/She was not aware the residents were found in another resident room, he/she thought they were found in Resident #205's room.
-He/She was not aware Resident #205 was found on top of Resident #126.
-An investigation was not initiated on the 12/4/21 incident involving Resident #126 being found in bed unclosed since the residents were deemed able to consent to the interaction.
During an interview on 12/13/21 at 2:48 P.M., the MDS Coordinator A said:
-He/she was an MDS Coordinator and also a house supervisor.
-He/she was the house supervisor the night Resident #126 and Resident #205 were found unclothed together.
-He/she had not been notified the residents had been found together unclothed.
-He/she expected the staff to notify him/her if any residents were found unclothed together or of any sexual behaviors.
-The nurses were responsible for completing the incident reports.
-He/she would have notified the ADON and DON.
6. Record review of Resident #222's face sheet showed the resident was admitted to the facility on [DATE] with the following diagnoses:
-Unspecified dementia with behavioral disturbance.
-Major depressive disorder, recurrent, unspecified.
-Insomnia, unspecified.
Record review of guardianship papers, dated 7/2/18, showed the resident had been deemed incapable of making his/her decisions through the court and a legal guardian was appointed.
Record review of the resident's quarterly MDS, dated [DATE], showed he/she:
-Was severely cognitively impaired with a BIMS of 4 out of 15.
-Did not have behaviors, including public sexual acts or disrobing in public.
-Did not wander.
Record review of the resident's Behavioral Note, dated 8/31/20 at 7:09 A.M., showed;
-The resident was found in bed with another resident.
-As staff walked in, the resident was telling staff to get out of the residents room.
-The resident had been walking 2 other residents around, holding their hands.
-There was no staff documentation that showed an investigation was completed.
Record review of the resident's Behavioral Note, dated 9/1/20 at 7:05 A.M., showed;
-The resident was found in two residents' rooms last night.
-The resident was standing over another resident's bed just looking at the resident.
-Staff caught the resident getting off of a different resident's bed.
-There was no staff documentation that showed an investigation was completed.
Record review of the resident's Behavioral Note, dated 9/13/20 at 6:32 A.M., showed;
-The resident admitted to taking his/her roommate's brief off.
-The resident was found still in his/her room, naked from the waist down.
-The resident was also found trying to go into another resident's room.
-There was no staff documentation that showed an investigation was completed.
Record review of the resident's quarterly MDS, dated [DATE], showed he/she:
-Was severely cognitively impaired with a BIMS of 4 out of 15.
-Did not have behaviors, including public sexual acts or disrobing in public.
-Did not wander.
-His/Her behaviors did not impact self or put self at risk and did not impact others.
Review of the resident care plan dated 10/21/20 showed:
-Resident #222 having a consensual relationship with another resident.
-Resident #222 stated I only have sex with who I want to have sex with as per the care plan.
-Allow both parties the right to maintain and exercise their relationship.
-Ensure families are aware of the relationship.
-Monitor relationship to ensure that both parties are agreeable and consenting-if one party is not, intervene to ensure his/her protection, safety and right to choose relationship.
-Resident placed on 15 minute check for 72 hours; initiated 11/04/20.
Record review of the resident's annual MDS, dated [DATE], showed he/she:
-Was severely cognitively impaired with a BIMS of 3 out of 15.
-Did not have behaviors, including public sexual acts or disrobing in public.
-Did wander 1 - 3 days during the look back period.
-His/Her behaviors did not impact self or put self at risk and did not impact others.
Record review of the resident's Behavioral Note, dated 4/8/21 at 6:35 A.M., showed:
-The resident was reported by another resident as taking all of the reporting resident's clothes off and touching the resident on the chest and genital areas.
-The resident was found with all of his/her clothes off.
-There was no staff documentation that showed an investigation was completed.
Record review of the resident's medical record showed no documentation of a Sexual Intimacy History or Sexual Consent Assessment for the resident.
The facility was unable to identify who the resident was that reported the incident. No investigation was found into the incident to determine if the resident being touched had been assessed.
Record review of the resident's Behavioral Note, dated 5/27/21 at 6:35 A.M., showed:
-The resident started going room to room starting about 4:00 A.M.
-The resident was standing naked next to his/her roommate's bed, and was furious because staff saw the resident.
-There was no staff documentation that showed an investigation was completed.
The facility was unable to identify who the resident was that reported the incident. No investigation was found into the incident to determine if the resident being touched had been assessed.
Record review of the resident's quarterly MDSs, dated 6/1/21, 8/25/21, and 11/16/21, showed:
-Was severely cognitively impaired with a BIMS of 3 out of 15.
-Did not have behaviors, including public sexual acts or disrobing in public.
-Did not wander.
-His/Her behaviors did not impact self or put self at risk and did not impact others.
7. During an interview on 12/6/21 at 1:46 P.M., the SSD A said the DON and/or ADON were responsible for completing an investigation.
During an interview on 12/13/21 at 2:48 P.M., the MDS Coordinator A (also a House Supervisor) said:
-The nurses were responsible for completing incident reports.
-The DON was responsible for completing any sexual abuse investigations.
During a telephone interview on 12/14/21 at 4:16 P.M., LPN M said:
-The House Supervisor was responsible for reporting to the DON.
-The DON was responsible for completing the investigation.
During the Quality Assurance (QA) interview on 12/14/21 at 10:03 A.M., the Administrator and DON said:
-A morning meeting was held with all department heads.
-If any abuse had occurred, this would be brought up in the morning meeting.
-The DON was responsible for investigating abuse allegations.
During an interview on 12/14/21 at 12:14 P.M. the ADON and DON said:
-The House Supervisor was responsible for reporting any sexual abuse to the DON.
-Social Services, the DON and the ADON were responsible for investigating allegations of sexual abuse.
4. Record review of the Resident #290's admission Record showed the resident:
-Was admitted to the facility on [DATE] and had the following diagnosis, dementia with behavioral disturbances (a progressive organic mental disorder characterized by chronic personality disintegration, confusion, disorientation, stupor, deterioration of intellectual capacity and function, and impairment of control of memory, judgment, and impulses with behaviors).
-Had a family member as his/her responsible party.
Record review of the resident's medical record showed no documentation of a Sexual Intimacy History or Sexual Consent Assessment for the resident.
Record review of the resident's Physician's Progress Notes, dated 8/18/20, showed the resident was not able to provide the physician with information and could not answer questions with accuracy.
Record review of the resident's Behavior Notes, dated 8/23/20 at 8:41 P.M. completed by an agency staff Licensed Practical Nurse (LPN) K, showed:
-The resident was in the television area kissing another resident.
-A CNA reported the incident to the charge nurse and separated the residents.
-Both residents were easily re-directed.
-The residents were placed on fifteen minute checks.
-There was no staff documentation that showed an investigation was completed.
Record review of the resident's Incident Note, dated 9/1/20 at 11:11 P.M. completed by Certified Medication Technician (CMT) C, showed:
-He/she had knocked and walked into the resident's room.
-He/she found a resident on the bed, on his/her back with his/her arms at him/her sides.
-Resident #290 was on top of him/ her.
-The resident got off of the resident and when asked what he/she was doing he/she said nothing.
-After being questioned again he/she said they were just kissing, he/she knew they should not be doing this and he/she would not do this again.
-The residents were separated and the other resident was escorted out of the room.
-An incident report had been completed, but there was no documentation of who the female resident was.
-There was no staff documentation that showed an investigation was completed.
Record review of the resident's untitled physician letter, dated 9/10/21, showed:
-The resident was unable to receive and evaluate information and communicate decisions to such an extent he/she, even with appropriate services and assistive technologies, lacks capacity to manage essential requirements for food, clothing, shelter, safety, or other care such that serious physical injury, illness or disease was likely to occur.
-Therefore in my opinion, the resident's DPOA should be allowed to serve in the capacity to meet the resident's needs.
Record review of the resident's Care Plan, revised 12/1/20, showed the resident:
-Had self-performance deficits in Activity of Daily Living (ADLs-bathing, grooming, dressing) due related to cognitive impairment).
-Was at risk of elopement related to impaired cognition.
-Was resistant to ADL care at times related to not comprehending what was going on due to a diagnosis of dementia.
-Demonstrated impaired cognition with memory loss and disorientation.
During an interview on 12/13/21 at 9:15 A.M., the DON said:
-He/she was not sure of who the residents of the opposite sex were in the incidents that occurred on 8/23/20 and 9/1/20.
-The staff did not report any of these incidents to him/her and should have reported.
-He/she did not complete an investigation.
During a telephone interview on 12/17/21 at 9:03 A.M., agency nurse LPN K said:
-He/she had worked on 8/23/21 as an agency nurse.
-He/she had seen the two residents walking together and holding hands before the sexual situation occurred.
-He/she had been told by a CNA or CMT the residents were found kissing but these behaviors occurred all of the time.
-He/she was concerned about this and contacted another nurse in the building, but was not sure if it was the house supervisor.
-He/she asked about the situation between the two residents and was told by the nurse this happened all the time between them.
-The nurse stated it was consensual sexual contact and no one needed to be notified and no incident report needed to be completed.
-He/she was uncomfortable with this and knew this was under his/her nursing license as the nurse for the shift on the unit.
-He/she felt this was sexual abuse due to the residents being on a dementia unit.
-He/she decided to start fifteen minute checks on the resident, keep a close eye on him/her, and report this on the 24 hour report so hopefully someone in management would see the information.
-He/she also reported this to the oncoming nurse at shift change.
-He/she did not remember who the female resident was.
5. Record review of Resident #203's quarterly MDS, dated [DATE], showed the resident:
-A BIMS of 2, indicating severe cognitive impairment.
-Did not exhibit behaviors.
-Diagnoses including dementia and depression.
Record review of Resident #289's admission Record showed the resident:
-Had a diagnosis of dementia with behavioral disturbances.
-Had a DPOA for healthcare.
Record review of the resident's Care Plan, dated 3/18/18, showed the resident had impaired cognitive function with memory loss and confusion at times.
Record review of the resident's quarterly MDS, dated [DATE], showed the resident:
-Was moderately cognitively impaired.
-Did not exhibit behaviors.
-Was ambulatory with the assistance of one staff member.
Record review of the resident's care plan dated 8/5/21 showed the resident:
-Had a history of aggressive sexual advances towards female staff including try to touch them.
-Had also made inappropriate (sexual) requests to staff and residents.
Record review of the resident's Behavior Note completed by LPN L, dated 7/25/21 at 9:12 P.M., showed:
-Around 5:00 P.M. CNA T notified this nurse that the resident was in his/her room with another resident, kissing him/her.
-When the other resident was redirected by the CNA he/she refused to leave the residents room.
-The CNA came and got LPN L who went to the resident's room and saw the resident standing in front of Residents #289's wheelchair kissing him/her and Resident #289 had his/her hands on the other resident's hips.
-The resident was redirected out of the room by this nurse, before he/she left the room the resident of told Resident #289 that he/she would see him/her again later and he/she agreed. As we left the room the resident [TRUNCATED]
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0678
(Tag F0678)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the facility failed to ensure staff maintained current cardiopulmonary resuscitation (CPR-...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the facility failed to ensure staff maintained current cardiopulmonary resuscitation (CPR- an emergency lifesaving procedure consisting of chest compressions, often combined with artificial breathing, to manually preserve intact brain function, circulation and breathing to an unresponsive person) certification, failed to know if CPR certified staff were available each shift who could provide CPR to residents who needed it, and failed to monitor which staff had maintained CPR certification. The facility census was 250 residents.
Record review of the facility's Cardiopulmonary Resuscitation/Emergency Response Policy dated 4/2012 and revised 6/2016 showed:
-Nursing staff would be provided guidelines for providing prompt and appropriate emergency interventions to persons at the facility with full code, (all resuscitation procedures would be provided to keep the person alive), status throughout ongoing training, validation of competency, and performance roles.
-Registered Nurses (RNs), Licensed Practical Nurses (LPNs) and Certified Medical Technicians (CMTs) were accountable for maintaining current qualifications to provide Basic Life Support CPR according to the American Heart Association's current recommendations.
-Competency to the Code/Emergency Response standard of care/practice would be validated upon hire and throughout ongoing code drills.
1. Record review of documentation provided by the Human Resources Director showed:
-A list of 8 staff members who were documented to have current CPR certification.
-Copies of current CPR cards for 7 additional staff members.
Note: The facility had a total of 297 staff.
Record review of staffing sheets from [DATE] to [DATE] showed at least one CPR certified staff member working all shifts in the facility.
During an interview on [DATE] at 9:27 A.M., LPN Q said:
-He/she hoped the other nurses had their CPR cards.
-His/her CPR card had just expired.
-The facility allowed him/her to work with an expired CPR card.
-He/she was not asked to provide a current CPR card when he/she was hired.
During an interview on [DATE] at 11:00 A.M., the Staffing Coordinator of Nursing said:
-For this facility, staffing agency nurses were not allowed to come without their CPR certification card.
-If he/she requested it, the staffing agency would send nursing licenses and CPR certification cards.
-He/she did not request this information from the staffing agency all the time.
-He/she did not know who, of all the staff, had CPR certification.
-Human Resources was supposed to track this and the information was not shared with him/her.
-He/she did not know which person actually tracks staff CPR certification information.
-He/she assumed everyone had their required credentials, but did not have access to that information.
During an interview on [DATE] at 11:32 A.M., the Staffing Coordinator of Nursing said:
-RNs and LPNs were supposed to have current CPR certification.
-CMTs did not have to have current CPR certification.
-He/she did not have access to the information regarding who has current CPR certification to do staffing.
-He/she knew the staff nurses and the agency nurses were required to have current CPR certification.
-The employee information packets for agency nurses should have the CPR certification information in them.
During an interview on [DATE] at 12:04 P.M., the Director of Nursing (DON) said:
-The expectation of nursing staff was that they would keep their CPR certification current.
-Human Resources should have been tracking who was CPR certified and who was not.
-He/she didn't think Human Resources had ever communicated with the staffing coordinator regarding staff CPR certification.
-When the facility signed a contract with a staffing agency, the expectation was that the agency nursing staff would have current CPR certification.
During an interview on [DATE] at 12:07 A.M., the Human Resources Director said:
-He/she had just recently started keeping track of who had CPR certification.
-Before that, nobody had been tracking this.
-The list of CPR certified staff and the copies of CPR cards for additional staff were all the documentation he/she was able to provide.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0679
(Tag F0679)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, and record review, the facility failed to provide meaningful activities to meet the interests o...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, and record review, the facility failed to provide meaningful activities to meet the interests of and support the physical, mental, and psychosocial well-being of five sampled residents residing on the 200 North Secure Care Unit (SCU)(Residents #42, #71, #90, #188, and #207) out of 37 sampled residents; and failed to provide activities for residents residing on the 200 North SCU. The facility census was 250 residents.
There was no record of activities scheduled or posted for the 200 North SCU.
Record review of the facility's Activity Program Policy, original date of August 1998 and most recently reviewed in May 2016, showed:
-The Activity Program was designed to provide therapeutic benefit and maintenance of normal activity which support the individual resident's needs.
-Activities were scheduled daily and residents were given an opportunity to contribute to the planning, preparation, conducting, clean-up and critique of the program.
-The Activity Program consists of individual, small and large group activities which were designed to meet the needs and interests of each resident and included at a minimum:
--social activities.
--indoor and outdoor activities.
--religious programs.
--creative activities.
--intellectual and educational activities.
--exercise activities.
--individualized activities,
--in-room activities.
--community activities.
-Activity programs were planned in coordination with the resident's comprehensive assessment.
-Individualized and group activities were provided that:
--reflected the scheduled, choices and rights of the residents.
--were offered at hours convenient to the residents, including evenings, holidays, and weekends.
--reflected the cultural and religious interests of the residents.
--appealed to both men and women as well as all age groups of residents resident at the facility.
-Residents were encouraged but not forced to participate in scheduled activities.
Record review of the facility's Daily Census report, dated 12/6/21, showed:
-There were 24 residents residing on the 200 North SCU.
1. Record review of Resident #42's face sheet showed:
-He/She was admitted to the facility on [DATE] and had the following diagnoses:
-Dementia (a progressive organic mental disorder characterized by chronic personality disintegration, confusion, disorientation, stupor, deterioration of intellectual capacity and function, and impairment of control of memory, judgment, and impulses) with behavioral disturbances, and
-Major Depressive Disorder (a state of intense sadness or despair that has advanced to the point of being disruptive to an individual's social functioning and/or activities of daily living).
Record review of the resident's annual Minimum Data Set (MDS-a federally mandated assessment tool required to be completed by facility staff used for care planning), dated 12/29/20, showed:
-The resident was severely cognitively impaired with a Brief Interview for Mental Status (BIMS) of 2 out of 15.
-The resident felt that it was very important to:
--Have snacks available between meals.
-The resident felt it was somewhat important to:
--Have books, newspapers and magazines to read.
--Be around animals such as pets.
--Do things with groups of people.
--Do favorite activities.
--Go outside to get fresh air when the weather was good.
Record review of the resident's care plan on 3/31/21, showed:
-The resident will express satisfaction with type of activities and level of activity involvement when asked.
--The resident needed a variety of activity types and locations to maintain interests.
--The resident needed assistance/escorted to activity functions.
Record review of the resident's Quarterly/Annual Participation Review, dated 9/8/21, showed:
-The resident participated in groups and 1:1 visits.
-The resident enjoyed song selections, watching TV with his/her peers in common areas, walking on the unit for exercise and parties.
-The resident's activity-related focuses remained appropriate/current as per current care plan.
-The resident's activity goals were met.
-The resident had effective activity/related interventions/approaches in reaching his/her goals.
Record review of the resident's annual MDS, dated [DATE], showed:
-The resident was severely cognitively impaired with a BIMS of 3 out of 15.
-The resident felt that it was very important to:
--Have snacks available between meals.
--Have family or close friends involved in discussions for care.
--Listen to music.
--Do things with groups of people.
--Be around animals such as pets.
--Do favorite activities.
-The resident felt it was somewhat important to:
--Go outside to get fresh air when the weather was good.
Record review of the resident's Quarterly/Annual Participation Review, dated 12/6/21, showed:
-The resident participated in groups, events, parties, and 1:1 visits.
-The resident enjoyed music therapy, watching TV with his/her peers in common areas, walking on the unit for exercise and parties.
-The resident's activity-related focuses remained appropriate/current as per current care plan.
-The resident's activity goals were met.
-The resident had effective activity/related interventions/approaches in reaching his/her goals.
There were no Daily Activity Attendance records available to review.
During an observation on 12/06/21 at 10:15 A.M., the resident was seen sitting in a chair in the common area looking at the TV, but the TV was not on.
During an observation on 12/06/21 at 10:38 A.M., the floor charge nurse placed a call to maintenance stating he/she needed someone to come up and fix the TV.
During an observation on 12/10/21 at 11:00 A.M., showed:
-The resident sat in the common area.
-He/she was not talking to anyone.
-He/she was not watching TV.
2. Record review of Resident #71's face sheet showed:
-His/Her diagnoses included: dementia with behavior disturbance and major depressive disorder.
Record review of the resident's annual MDS, dated [DATE], showed:
-The resident was severely cognitively impaired with a BIMS of 3 out of 15.
-The resident felt that it was very important to:
--Have snacks available between meals.
--Go outside to get fresh air when the weather was good.
-The resident felt it was somewhat important to:
--Have family or close friends involved in discussions for care.
--Listen to music.
--Do things with groups of people.
--Be around animals such as pets.
--Do favorite activities.
Record review of the resident's Quarterly/Annual Participation Review, dated 9/24/21, showed:
-The resident participated in 1:1 visits with staff.
-The resident enjoyed visits from family.
-The resident liked snacks.
-The resident preferred curling up in his/her recliner with a blanket.
-The resident's activity-related focuses including needs, strengths and preferences remained current with care plan.
-The resident met his/her activity goals.
Record review of the resident's significant change MDS, dated [DATE], showed:
-The resident was severely cognitively impaired.
-The resident felt that it was very important to:
--Have snacks available between meals.
--Have family or close friends involved in discussions for care.
-The resident felt it was somewhat important to:
--Do favorite activities.
Record review of the resident's Quarterly/Annual Participation Review, dated 10/1/21, showed:
-The resident preferred 1:1 visits for short periods.
-The resident's favorite activity was 1:1 visits, talking to his/her family, and eating snacks.
-The resident's activity-related focuses including needs, strengths and preferences remained current with care plan.
-The resident met his/her activity goals.
Record review of the resident's care plan revised on 10/20/21, showed:
-The resident had little interest in group activities.
-The resident engaged in 1:1 settings.
--The resident was encouraged to participate in 1:1 activities 2-3 times per week as tolerated.
--The resident's preferred activities were 1:1 visits, family visits, and eating snacks.
There were no Daily Activity Attendance records available to review.
During an observation on 12/06/21 at 10:13 A.M., Certified Nursing Assistant (CNA) B entered the resident's room brought him/her a snack and left without speaking to the resident. The resident was not doing an activity.
During an interview on 12/06/21 at 10:13 A.M., CNA B said he/she brought the resident a snack.
During an observation on 12/06/21 at 10:30 A.M., the resident was shouting out that he/she was hungry. No staff entered the room at that time.
During observations from 12/6/21 - 12/10/21 the resident was only observed to be in his/her room or the dining room. The resident was not involved in any activities during this time.
3. Record review of Resident #90's face sheet showed:
-The resident's diagnoses included: dementia with behavioral disturbance, major depressive disorder, and anxiety disorder (anticipation of impending danger and dread accompanied by restlessness, tension, fast heart rate, and breathing difficulty not associated with an apparent stimulus).
Record review of the resident's care plan, dated 2/24/20, showed:
-The resident was dependent on staff for meeting emotional, intellectual, physical and social needs.
--The resident would maintain involvement in cognitive stimulation, social activities as desired.
--The resident needed assistance/escort to activity functions.
--He/She enjoyed going for walks on the unit, music therapy, pet therapy, parties, and events.
--He/She was invited to scheduled activities.
--He/She was provided a program of activities that was of the interest and empowered the resident by encouraging/allowing choice, self-expression and responsibility.
--He/She liked to stay busy.
--He/She was very sociable.
-The resident had periods of being agitated and resistant.
--The resident's disruptive behaviors were minimized by diverting attention with staff walking and talking to the resident, offering a snack or drink, and playing music.
Record review of the resident's MDS, annual dated 1/26/21, showed:
-The resident was severely cognitively impaired with a BIMS of 3 out of 15.
-The resident felt it was important to:
--Have snacks available between meals.
--Listen to music he/she liked.
--Be around animals and pets.
--To do activities with groups of people.
--To do his/her favorite activities.
--Go outside when the weather was good.
--The resident felt it was somewhat important to:
--Have books, newspapers, and magazines to read.
--Participate in religious services and practices.
Record review of the Activity Quarterly/Annual Participation Review, dated 7/14/21, showed:
-The resident participated in small groups for a short time and 1:1 visits.
-The resident enjoyed going for walks on the unit, liked to stay busy, music therapy, pet therapy, and social time.
-The resident's activity related focuses remained appropriate and current with care plan.
-The resident's goals were met.
Record review of the Activity Quarterly/Annual Participation Review, dated 10/6/21, showed:
-The resident participated in small groups for a short time and 1:1 visits, but wandered off.
-The resident enjoyed going for walks on the unit, liked to stay busy, music therapy, pet therapy, and social time.
-The resident's activity related focuses remained appropriate and current with care plan.
-The resident's goals were met.
There were no Daily Activity Attendance records available to review.
During an observation on 12/06/21 at 10:48 A.M., the resident was getting aggressive with a drink tumbler, threatening to hit another resident with it, telling the other resident to get his/her own baby. Resident #90 reached out and hit the resident, saying stop it, move him/her away from me. Registered Nurse (RN) A moved the resident away from Resident #90 to be close to the nurse's station. RN A then took a drink cart down the hall to give the other residents a drink. Observation showed no activities going on.
During an observation on 12/06/21 at 11:00 A.M. another resident sat next to Resident #90. That resident reached out to Resident #90 and touched Resident #90. Resident #90 got up and left. Observation showed no activities going on.
During an observation at 12/06/21 2:00 P.M., there was no music played or activities being conducted. Residents were sitting, watching TV or wandering. Resident #90 was wandering, taking another resident by the hand, led him/her down the hall telling the resident they needed to go buy a car.
During an observation on 12/07/21 at 8:47 A.M., no activities were seen. Residents were watching TV and wandering. Resident #90 was sitting at the table in the common area, not interacting with anyone.
During an observation on 12/09/21 at 10:58 A.M., Resident #90 was sitting next to another resident. Resident #90 told the resident to move far away as he/she wasn't going to listen to him/her anymore. Charge Nurse said Resident #90's name in a calm voice asking if he/she needed anything. Resident continued walking down the hall checking other resident room doors. CNA B gently said Resident #90's name and reminded him/her not to go in other resident rooms. Resident #90 returned to the common area and sat next to a different resident. The resident got up and moved down the hall. Observation showed no activities going on.
During an observation on 12/10/21 at 11:00 A.M., the resident was sitting
in the common area, not interacting with anyone and no one sitting next to him/her. Observation showed no activities going on.
4. Record review of Resident #188's face sheet showed:
-The resident's diagnoses included: dementia with behaviors, major depressive disorder, and anxiety disorder.
Record review of the resident's admission MDS, dated [DATE], showed:
-The resident was moderately cognitively impaired with a BIMS of 9 out of 15.
-It was very important to the resident to:
--Be outside and get fresh air.
--Have snacks between meals.
-It was somewhat important to the resident to:
--Do favorite activities.
--Do activities with groups of people.
--Listen to music.
--Have newspapers, books, and magazines to read.
--Be around animals and pets.
--Have family and close friends involved in discussions of care.
There were no Daily Activity Attendance records available to review.
Record review of the resident's Activities - Initial Review, dated 11/8/21, showed:
-The resident interests included watching TV, music therapy, and socializing with peers and staff.
-The resident wished to participate in activities.
--Group activities.
--1:1 with staff
--Independent activities: puzzles and reading.
Record review of the resident's care plan, dated 11/10/21, showed:
-The resident was dependent on staff for meeting emotional, intellectual, physical and social needs related to cognitive deficits.
--The resident was involved in cognitive stimulation and social activities.
--Provide a program of activities that was of interest and empowers the resident.
--The resident enjoyed looking at art and going outside in nice weather.
During an observation on 12/06/21 at 12:59 P.M., the resident was walking around the unit. The TV was on. No books, magazines, or puzzles were observed for the resident to use. No activities were being conducted.
During an observation on 12/08/21 at 4:09 P.M., eight residents, including Resident #188 were observed in the common area. No activities were being conducted. The TV was on. No books, puzzles, or magazines were observed.
5. Record review of Resident #207's face sheet showed:
-The resident's diagnoses included: dementia with behavioral disturbance, major depressive disorder, and anxiety disorder.
Record review of the resident's initial care plan, dated 12/24/19 and revised on 2/24/21, showed:
-The resident was dependent on staff for meeting emotional, intellectual, physical, and social needs due to cognitive deficits.
--The resident maintained involvement in cognitive stimulation, social activities as desired.
--Provided a program of activities that was of interest and empowers the resident.
-The resident had mood/depression indicators related to overall condition, also demonstrates increased restlessness.
--Develop/provide a program of activities that was meaningful and of interest.
--The resident enjoyed reminiscing about school teaching and being around children.
Record review of the resident's annual MDS, dated [DATE], showed:
-The resident was severely cognitively impaired with a BIMS of 3 out of 15.
-It was very important for the resident to:
--Listen to music.
--Interact with animals and pets.
--Participate in his/her favorite activities.
--Participate in religious services.
--Have family and close friends involved in discussions of care.
--Have a smack between meals.
-It was somewhat important for the resident to:
--Interact with groups of people.
--Go outside.
Record review of the resident's Activities - Quarterly/Annual Participation Review, dated 8/18/21, showed:
-The resident participated in groups, 1:1 visits, and events.
-The resident enjoyed listening to the TV in the common area, socializing with staff/peers, going out in the courtyard, music therapy, hymns, and church service.
-The activity-related focuses remained appropriate as per current care plan.
-The goals were met.
Record review of the resident's Activities - Quarterly/Annual Participation Review, dated 11/10/21, showed:
-The resident participated in groups, 1:1 visits, and events.
-The resident enjoyed listening to the TV in the common area, socializing with staff/peers, going out in the courtyard, music therapy, hymns, and church service.
-The activity-related focuses remained appropriate as per current care plan. The goals were met.
During an observation on 12/08/21 at 4:30 P.M., the resident was in the TV room with no other residents nearby. He/she was looking toward the TV.
During an observation on 12/10/21 at 11:00 A.M., the resident was sitting in common area, not talking to or interacting with anyone. Observation showed no activities going on.
During an observation on 12/10/21 at 11:16 A.M., the resident continued sitting in the TV area. Observation showed no activities going on.
6. Observations on 12/06/21 from 9:34 A.M. to 11:22 A.M., showed no activities being conducted with residents. Residents were wandering and/or watching the television in one of the common areas. The TV in the common area by the nurse's station was not working.
Observations on 12/06/21 from 12:59 P.M. to 1:47 P.M., showed no activities being conducted. No reading materials were observed in the common areas. No music was being played.
Observations on 12/08/21 from 4:00 P.M. to 5:31 P.M., showed no activities being presented to the residents. Residents were observed to be wandering.
Observations on 12/09/21 from 9:21 A.M. to 12:42 P.M., showed no planned activities being conducted. Residents were wandering, watching TV, and in and out of their rooms. No music was heard being played.
7. During an interview on 12/06/21 at 1:47 P.M., Registered Nurse (RN) A said:
-He/She did not do activities.
During an interview on 12/10/21 at 11:08 A.M., CNA B said:
-There was an activity person on this floor.
-The activity person was in the hospital for the last couple of weeks.
-No one has taken his/her place.
-Sometimes CNA A plays music for the residents.
During an interview on 12/10/21 at 11:26 A.M., CNA A said:
-The activities person was in the hospital.
-Sometimes he/she played Christmas music for the residents when he/she returned from breaks.
During an interview on 12/13/21 at 1:35 P.M., the Activities Coordinator for the fourth floor said:
-It was National hot cocoa day, and he/she was doing a hot cocoa bar, passing cocoa to resident's who wanted some.
-Sometimes he/she came down to 2 north SCU when he/she knew the Activities Coordinator wasn't there.
-The Activities Coordinator for 2 north SCU was out and he/she was taking his/her place while he/she is out.
-There were two Activities Coordinators on 2nd floor, one for north and one for south.
-The regular coordinator had been out for two weeks.
-There was no actual plan in place as to who was covering and when.
-He/she came down when he/she could.
-He/she came to 2 north SCU twice in the last two weeks.
-Most of the residents on this floor come to the activities, but needed cues on how to participate.
-Most enjoyed watching the activity.
-The residents liked sensory toys, coloring sheets, and memory games with matching, and hot cocoa day.
-They try to celebrate any national food day as an activity.
During an interview on 12/14/21 at 10:49 A.M., Social Services Designee (SSD) C said:
-The Social Services Department supervised the Activities Coordinators.
-All SSDs follow the same protocol for activities.
-The Activities Coordinator on 2 north SCU was on a leave of absence for an undetermined amount of time.
-The 2 south SCU Activities Coordinator was filling in for him/her.
-The 2 south Activities Coordinator was to provide 1:1 activities, coloring, arts crafts, some type of exercise, ball toss, etc.
-The activities on 2 north SCU were not getting done.
-SSD C was redoing the 2 north Activities schedule.
-An example of activities was to send out morning mail every start of the day, then follow the calendar, and do 1:1 with residents between scheduled activities.
-Activities Coordinators were also responsible for providing input to care plans, assessments, MDS, and activities.
-Mini activities should be planned throughout.
-He/she was unsure if there was an activities calendar for 2 north due to the absence of the Activities Coordinator.
-The activities for 2 south SCU was responsible for ensuring the assessment and MDS were kept up to date.
-Normally Activities Coordinators collaborate in planning.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Quality of Care
(Tag F0684)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** 6. Record review of Resident #125's face sheet showed he/she was admitted to the facility on [DATE] with the following diagnoses...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** 6. Record review of Resident #125's face sheet showed he/she was admitted to the facility on [DATE] with the following diagnoses:
-Heart failure (disorder that impairs the ability of the heart to fill with or pump a sufficient amount of blood throughout the body).
-Dementia.
Record review of the resident's Care Plan, last revised 11/2/21, showed no Hospice care plan.
Record review of the resident's Physician Order Sheet showed he/she was admitted to Hospice services on 11/23/21 due to heart failure.
Record review of the resident's Hospice book, dated 11/23/21, showed:
-An unsigned Physician Orders/Treatment Profile.
Record review of the resident's significant change MDS, dated [DATE], showed the resident:
-Was significantly cognitively impaired.
-Was on Hospice services. 7. Record review of Resident #146's admission Record showed the resident was admitted to the facility on [DATE] with the following diagnoses:
-Congestive Heart Failure (CHF-a chronic condition in which the heart does not pump blood as it should).
-High blood pressure.
Record review of the resident's Long Term Care Coordinated Task Plan of Care, dated 6/8/21 (to start on 6/9/21), showed:
-A Hospice nurse would visit the resident on Wednesdays and Thursdays.
-A Hospice aide would visit the resident on Mondays and Thursdays.
-A Hospice social worker would visit the resident twice a month and as needed.
-A Hospice chaplain would visit the resident twice a month and as needed.
-A Hospice volunteer would visit the resident twice a month and as needed.
Record review of the resident's OSR showed a physician's order to admit to Hospice for CHF, dated 06/09/21.
Record review of the resident's significant change MDS, dated [DATE], showed the resident was admitted to Hospice services.
Record review of the resident's Care Plan, revised 12/2/21, showed the resident was admitted to Hospice services for CHF.
Record review of the unit Hospice book on 12/8/21 at 9:33 A.M. showed:
-There was no resident care information.
-There were no visit notes in the book.
Record review of the resident's Hospice book on 12/13/21 showed:
-There was no documentation that showed a bathing schedule, CNA visits, Nurses visits, social services involvement, or if chaplain visits were scheduled or had been completed by Hospice.Based on interview and record review, the facility failed to have a coordination of care between Hospice (end of life) and the facility and failed to ensure staff were instructed where and how to retrieve the Hospice providers electronic documentation for eight sampled residents (Residents #10, #71, #73, #125, #146, #176, #209, and #211) out of 37 sampled residents. The facility census was 250 residents.
Record review of the facility's Hospice Care policy, revised on 10/15, showed:
-Hospice services are provided to augment the services provided by the facility. The facility retained protective oversight of the resident and continued to provide services for the resident as before the Hospice admission.
-Hospice services provided a comprehensive, individualized care plan based on the current needs of the residents and will be placed in the clinical record once admitted . The plan of care was updated as the resident's condition dictated.
-It was the responsibility of the Hospice service to communicate this plan of care to the appropriate staff with each visit.
-Exercised protective oversight for each resident that received hospice services, if there was a change of condition or an incident, the facility charge nurse and nursing supervisors collaborated with Hospice staff and determined the best approach for the resident. Facility staff lead and involved not only the Hospice staff, but also the resident, his/her family and/or responsible party (as appropriate), and the resident's attending physician. All interventions would be documented in the resident's records in the interdisciplinary notes and telephone orders as appropriate.
1. Record review of Resident #73's admission Record showed he/she was admitted to the facility on [DATE] with the following diagnoses:
-Unspecified Atrial Fibrillation (abnormal heart rhythm).
-Essential (Primary) Hypertension (high blood pressure).
-Unspecified Dysplasia (presence of abnormal cells within a tissue or organ) of Prostate.
-Major Depressive Disorder (a state of intense sadness or despair that has advanced to the point of being disruptive to an individual's social functioning and/or activities of daily living), Single Episode, Unspecified.
Record review of the resident's Order Summary Report (OSR) showed the following physician's order: admitted to hospice with diagnosis of senile (having or showing the weaknesses or diseases of old age, especially a loss of mental faculties) degeneration of brain on 9/14/21.
Record review of the resident's significant change Minimum Data Set (MDS-a federally mandated assessment tool required to be completed by facility staff for care planning), dated 9/29/21, showed the resident was admitted to Hospice services, and had a condition or chronic disease that may result in a life expectancy of less than six months.
Record review of the resident's revised care plan, dated 10/4/21, showed:
-He/she had a terminal prognosis related to senile degeneration of the brain and was on Hospice services.
-His/her dignity and autonomy will be maintained at highest level.
-The residents comfort will be maintained.
-Assessed the resident's coping strategies and respected resident wishes.
-Consulted with physician and Social Services to have Hospice care for the resident in the facility.
-Encouraged the support system of family and friends.
-Encouraged the resident to express feelings, listened with non-judgmental acceptance and compassion.
-Worked cooperatively with hospice team to ensure the resident's spiritual, emotional, intellectual, physical, and social needs are met.
Record review of the resident's Hospice book on 12/13/21 showed:
-The resident's physician's orders.
-There was no documentation that showed a bathing schedule, Certified Nursing Assistant (CNA) visits, Nurses visits, social services involvement, or if chaplain visits were scheduled or had been completed by Hospice.
2. Record review of Resident #176's admission Record showed he/she was admitted to the facility on [DATE] with the following diagnoses:
-Osteomyelitis (swelling of bone) of Vertebra (back), Sacral (lower back) and Sacrococcygeal (lower back to tailbone) region.
-Other Acute Osteomyelitis, right ankle and foot.
-Pressure Ulcer (localized injury to the skin and/or underlying tissue usually over a bony prominence, as a result of pressure, or pressure in combination with shear and/or friction) of Sacral Region, Stage 4 (Full thickness tissue loss with exposed bone, tendon or muscle. Slough or eschar may be present on some parts of the wound bed. Often includes undermining and tunneling).
-Pressure Ulcer of Right Heel, Unstageable (Wound bed cannot be visualized to stage).
Record review of the resident's OSR showed he/she admitted to Hospice with a diagnosis of Osteomyelitis Sacral Region on 8/10/21.
Record review of the resident's admission MDS, dated [DATE], showed the resident was admitted to Hospice services, and had a condition or chronic disease that may result in a life expectancy of less than six months.
Record review of resident's revised care plan, dated 8/26/21, showed:
-Resident admitted to facility and to Hospice at same time.
-He/She requested DNR (a request not to have life saving measures if your heart stops or if you stop breathing status), and was on Hospice.
-End stage disease process.
-He/She would be kept as comfortable as possible in the final stages of life.
-Assisted in all activities of daily living he/she cannot complete.
-Consulted chaplain as needed.
-Encouraged adequate food and fluids, but allowed to refuse due to comfort issues.
-Give resident/family opportunities to express feelings.
-Hospice helped with bathing, arranged for agreeable schedule.
-Hospice provided agreed upon supplies, services, medications and treatments.
-Informed Hospice of any concerns.
-Maintained dignity and kept comfortable as possible.
-Notified Hospice for all medications, treatment, equipment needs, and status changes.
-Notified Hospice if pain regimen was not working.
-Notified Hospice of any status changes or needs.
-Spoke in a soothing words to help relax and decrease anxiety.
-Used pain scale as appropriate. Notified Hospice if current pain medications did not provide needed comfort.
-He/she wanted no interventions for his/her wounds.
Record review of the resident's Hospice book on 12/13/21 showed:
-The resident's physician's orders.
-There was no documentation that showed a bathing schedule, CNA visits, Nurses visits, social services involvement, or if chaplain visits were scheduled or had been completed by Hospice.
3. Record review of Resident #209's admission Record showed he/she was admitted to the facility on [DATE] with the following diagnoses:
-Senile Degeneration of Brain, not elsewhere classified.
-Dementia (a progressive organic mental disorder characterized by chronic personality disintegration, confusion, disorientation, stupor, deterioration of intellectual capacity and function, and impairment of control of memory, judgment, and impulses) without behavioral disturbances.
Record review of the resident's OSR showed he/she was admitted to Hospice with a diagnosis of Senile Degeneration of the brain on 9/8/20.
Record review of resident's revised care plan, dated 9/18/21, showed:
-Resident was admitted and put on Hospice the same day.
-Resident requested DNR status, and is on Hospice.
-DNR upon absence of vital signs.
-The resident was on Hospice for End stage senile degenerative brain disease process.
-He/She would be kept as comfortable as possible during the final stages of life.
-The resident would be assisted in all Activates of Daily Living he/she cannot complete.
-Consulted chaplain as needed.
-Encouraged adequate food and fluids, but allowed to refuse due to comfort issues.
-Gave the resident/family opportunities to express feelings.
-Hospice helped with bathing, arranged for an agreeable schedule.
-Hospice provided agreed upon supplies, services, medications and treatments.
-Inform Hospice of any concerns.
-Maintained dignity and kept as comfortable as possible.
-Notified Hospice for all medications, treatments, equipment needs, and status changes.
-Notified Hospice if pain regimen was not working.
-Notified Hospice of any status changes or needs.
Record review of the resident's Quarterly MDS, dated [DATE], showed the resident was on Hospice services and had a condition or chronic disease that may result in a life expectancy of less than six months.
Record review of the resident's Hospice book on 12/13/21 showed:
-The resident's physician's orders.
-There was no documentation that showed a bathing schedule, CNA visits, Nurses visits, social services involvement, or if chaplain visits were scheduled or had been completed by Hospice.
5. Record review of Resident #71's face sheet showed:
-The resident had a severe cognitive deficit.
-The resident was diagnosed with dementia.
-Protein-calorie malnutrition (not consuming enough protein and calories. leading to muscle loss, fat loss, and your body not working as usual).
-Muscle wasting and atrophy (loss of muscle tissue).
Record review of the resident's Physician OSR showed an order for hospice due to terminal malnutrition, dated 9/23/21.
Record review of the resident's significant change MDS, dated [DATE], showed the MDS did not show the resident was on Hospice.
Record review of the resident's care plan, undated, showed no evidence of the resident being admitted to Hospice.
During an interview on 12/06/21 at 1:27 P.M. Hospice Nurse A said the resident was admitted to Hospice on 9/23/21.
Record review of the resident's Hospice book on 12/13/21 showed:
-There was no documentation that showed a bathing schedule, CNA visits, Nurses visits, social services involvement, or if chaplain visits were scheduled or had been completed by Hospice.4. Record review of Resident #10's admission Record showed he/she was admitted on [DATE] with the following diagnoses:
-Multiple Sclerosis (MS: a chronic, typically progressive disease involving damage to the sheaths of nerve cells in the brain and spinal cord, whose symptoms may include numbness, impairment of speech and of muscular coordination, blurred vision, and severe fatigue).
-Breast cancer.
-Cancer of the lip, mouth, and pharynx.
Record review of the resident's OSR showed physician's order, dated 12/11/20, for admit to Hospice with the diagnosis of MS.
Record review of the resident's significant change MDS, dated [DATE], showed the resident was admitted to Hospice.
Record review of the resident's Care Plan, dated 11/11/21, showed the resident was on Hospice care for end stage disease process of MS.
Record review on 12/13/21 of the Three North Hospice book, showed:
-All residents' Hospice information was in one book.
-No weekly Hospice nursing or aide charting showing that the resident had been seen.
Record review of the resident's Hospice information in the book on 12/13/21 showed:
-No current updates.
-No weekly Hospice nursing or aide charting showing that the resident had been seen.8. Record review of Resident #211's admission Record showed the resident was admitted to the facility on [DATE] with the following diagnoses:
-End stage heart failure.
-High blood pressure.
Record review of the resident's OSR showed the physician ordered to admit the resident to Hospice services for end stage heart failure, dated 5/21/21.
Record review of the resident's significant change MDS, dated [DATE], showed the resident was admitted to Hospice services.
Record review of the resident's Care Plan, revised 6/7/21, showed the resident:
-Was admitted to Hospice services for end stage heart failure.
-Needed facility staff to coordinate care with Hospice for pain, status changes, and concerns.
Record review of the resident's Hospice book on 12/13/21 showed:
-There was no documentation that showed a bathing schedule, CNA visits, Nurses visits, social services involvement, or if chaplain visits were scheduled or had been completed by Hospice.
9. During an interview on 12/9/21 at 10:26 A.M., Hospice Nurse C said:
-A Hospice nurse visited the residents twice a week.
-Hospice staff communicate with the facility staff on each visit, and sit in on resident care plan meetings.
-There should be a red binder at the nurses' station desk, on each of the units.
-The binder should include resident medications, physician information, hospice contact information, and any resident needs for the facility staff or Hospice to provide.
During an interview on 12/10/21 at 01:36 P.M., Licensed Practical Nurse (LPN) B said:
-The Hospice book had everything in it.
-The facility staff did not use the Hospice book.
-The facility staff received verbal reports from Hospice staff.
During an interview on 12/10/21 at 2:10 P.M. the Hospice Social Worker said the facility staff could view all of the Hospice information for any Hospice residents through an online portal.
During an interview on 12/10/21 at 2:16 P.M., the Director of Nursing (DON) said he/she was unaware that Hospice information could be viewed through an online portal.
During an interview on 12/13/21 at 10:24 A.M., LPN H said Hospice nurses chart their visits in the Hospice book at the nurses' station.
During an interview on 12/13/21 at 10:24 A.M., LPN N said Hospice nurses chart in the Hospice communication book which was in the cabinet at nurses' station.
During an interview on 12/13/21 at 10:29 A.M., CNA F said he/she was unaware of how to get Hospice information.
During an interview on 12/13/21 at 11:22 A.M., Hospice Nurse B said:
-The Hospice nurses used to chart in the resident's facility Hospice book when they were doing paper charting.
-They no longer chart in the Hospice book at the facility.
-They use computer/laptops electronic charting now to chart the visits.
-He/She did not think the facility staff had access to the Hospice electronic charting.
-The Hospice nurses verbally communicated to the facility nursing staff what was going on with their resident.
-Each unit at the facility had a Hospice binder with who does a resident cares, the care plan, and the Hospice aide cares.
-There was a general log-in access code in the binder for the facility nurses to use to log into the Hospice electronic charting.
During an interview on 12/13/21 at 12:07 P.M., CNA L said:
-Hospice staff gave verbal report to nurses, not CNAs.
-Nurses notified CNAs of any changes or concerns.
During an interview on 12/13/21 at 12:26 A.M., CNA M said:
-The Hospice staff gave verbal report to nurses.
-The nurses notified CNAs of what to do with residents.
-The house supervisors or charge nurses provided all information regarding hospice care to CNAs.
During an interview on 12/13/21 at 2:20 P.M., MDS Coordinator A said:
-Hospice staff communicated through the portal or hospice book, which contained all notes.
-The Hospice book was a general notebook between the Nurse Practitioner (NP), Physician, and Hospice staff.
-NP, Physician, and Hospice all used the book to enter orders and communicate with each other.
-The Hospice book was the main form of communication between facility and Hospice service.
-Facility and Hospice staff didn't always see each other, which was why the Hospice book was necessary.
During an interview on 12/14/21 at 12:01 P.M., Director of Nursing (DON) said:
-Each unit had their own Hospice book that contained documentation of every Hospice resident on that unit.
-Each resident in the Hospice book had a plan of care (POC), what services were provided, who was responsible for each service, what supplies are ordered, and emergency information.
-Hospice staff documented visit information in their EMR.
-The Hospice EMR is accessed through the portal.
-He/she was unsure if agency staff were aware of how to use the portal to access the Hospice EMR.
-He/she expected staff would be unaware there was a portal or how to access that information.
-Staff would have to be in-serviced on how to access the hospice information through the portal.
-The staff are unaware on how to access the Hospice portal.
-The portal was active and available to use.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Accident Prevention
(Tag F0689)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** 2. Record review of the facility's Fall Prevention policy, revised on 10/16, showed:
-Nursing initiated a Potential to Fall care...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** 2. Record review of the facility's Fall Prevention policy, revised on 10/16, showed:
-Nursing initiated a Potential to Fall care plan upon being admitted or readmitted .
-Minimum Data Set (a federally mandated assessment instrument completed by facility staff for care planning) (MDS) Coordinators would care plan fall interventions based on the resident's risk assessment score and individual needs at the time of resident's assessment.
-All falls will be reviewed daily by the Director of Nursing (DON), Assistant Director of Nursing (ADON), or House Supervisor to ensure adequate care plan interventions have been put in place.
-Care plan interventions would be specific to the needs of the resident.
-The individualized care plan interventions were reviewed with the resident and family.
-Wheelchairs and ambulation aids were included in the facility's maintenance program.
-Assessed the appropriateness of assistive devices (e.g., walker, cane, and wheelchairs), the need for personal assistance, and the presence of restraints.
-If an assistive device was used, is the device being used correctly and effectively?
Record review of Resident #146's admission Record showed the resident was admitted to the facility on [DATE] and had a diagnosis of dementia (a progressive organic mental disorder characterized by chronic personality disintegration, confusion, disorientation, stupor, deterioration of intellectual capacity and function, and impairment of control of memory, judgment, and impulses).
Record review of the resident's quarterly Minimum Data Set (MDS-a federally mandated assessment tool required to be completed by staff for care planning), dated 10/26/21, showed the resident:
-Was moderately cognitively impaired.
-Needed the limited assistance of one staff member when using his/her wheelchair.
-Did not ambulate independently.
-Did not have falls.
-Was frequently incontinent of bowel and bladder.
Record review of the resident's Nurses Note, dated 12/2/21 at 4:36 P.M., showed:
-The resident fell in the bathroom and was found on the floor.
-His/her legs were stretched out under the toilet.
-The wheelchair brakes were not locked.
-The resident stated he/she was getting off the toilet and slid off.
-The resident was assessed with no injuries and did not have pain.
-The family and physician were notified.
-An investigation was completed.
Record review of the resident's fall care plan, updated on 12/2/21, showed an intervention of an anti-roll back device (a device to prevent the wheelchair from rolling backwards) to the back of the resident's wheelchair.
Observation on 12/10/21 at 1:11 P.M., showed:
-The resident was in his/her wheelchair.
-There was no anti-roll back device on the back of his/her wheelchair.
Observation on 12/14/21 at 10:27 A.M., showed:
-The resident was in his/her wheelchair.
-There was no anti-roll back device on the back of his/her wheelchair.
During an interview on 12/14/21 at 10:28 A.M., LPN B said:
-The resident's wheelchair did not have an anti-roll back device on the back of the wheelchair.
-When a resident fell and an intervention was added, the nurses were responsible for notifying maintenance to place a device on the wheelchair.
-The anti-roll back device should have been added to the resident's wheelchair immediately.
During an interview on 12/14/21 at 12:05 P.M., the ADON and DON said:
-When a resident fell the nurses were responsible for updating the intervention in the resident's care plan.
-The nurse was responsible for putting in a work order with maintenance for any devices that needed to be added.
-This should be communicated by electronic mail.
-He/she would expect the new device to be added immediately or if the fall happened over the weekend the following Monday.
-He/she was not aware the resident was supposed to have an anti-roll back device on the back of his/her wheelchair.
Based on observation, interview, and record review, the facility failed to prevent accident hazards by not keeping two medication carts locked when unattended and failed to ensure fall interventions were put into place for one sampled resident (Resident #146) out of 37 sampled residents. The facility census was 250 residents.
A policy for medication carts was requested and was not received at time of exit.
1. During an observation on 12/8/21 at 3:52 P.M., on the Three North unit showed:
-A medication cart unlocked in the common area near the Nurses Station.
-Two nurses and two Certified Nursing Assistants (CNA) at the Nurses Station.
-Two residents in wheelchairs who could maneuver themselves in the common area near the unlocked medication cart.
-One resident in a chair who moved him/herself from the wheelchair to the chair in the common area near the unlocked medication cart.
Observation on 12/8/21 at 4:15 P.M. on the Three North unit, showed:
-The medication cart still unlocked.
-A nurse took an item out of the cart and did not lock the cart.
-The same residents as above were near the cart.
-Several other staff walked by the unlocked cart.
Observation on 12/8/21 at 4:41 P.M. on the Three North unit, showed:
-The medication cart continued to be unlocked.
-A nurse re-stocked wipes and gloves and then took the cart to the medication room.
Observation on 12/8/21 at 5:05 P.M. on the Three North unit, showed:
-The nurse took the medication cart from the medication room down the center hall.
-The nurse took medications into a resident's room and left the cart unlocked and unattended outside of the resident's room.
Observation on 12/8/21 at 5:07 P.M. on the Three North unit, showed:
-The medication cart was unlocked outside of room [ROOM NUMBER] and no nurse was around.
Observation on 12/8/21 at 5:09 P.M. on the Three North unit, showed:
-The nurse was at the medication cart and took medications into another room and left the cart unlocked.
Observation on 12/9/21 at 1:42 P.M., showed:
-A medication cart on the second floor South Side Secured Unit was unlocked.
-The medication cart was left unattended for five minutes.
-Residents on the South Side Secured Unit have diagnoses of dementia (a general term for a decline in mental ability resulting in memory loss, and other mental abilities severe enough to interfere with daily functioning) and freely wander around the unit.
-Multiple residents were wandering around the unlocked medication cart.
During an interview on 12/8/21 at 5:15 P.M., the Three North Unit Charge Nurse/Licensed Practical Nurse (LPN) E said medication carts should never be left unlocked when unattended.
During an interview on 12/10/21 at 11:30 A.M., the Three North Unit Charge Nurse/LPN F said medication carts should never be left unlocked when unattended.
During an interview on 12/10/21 at 11:28 A.M., the Fourth Floor Nursing Supervisor covering the Three North Unit said no medication carts should ever be left unlocked when unattended.
During an interview on 12/14/21 at 12:05 P.M., the Director of Nursing (DON) said:
-Medication carts should not be left unlocked and unattended.
-The medication cart should be locked while the nurse was passing medications to residents.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Staffing Information
(Tag F0732)
Could have caused harm · This affected multiple residents
Based on observation, interview, and record review, the facility failed to post complete staffing information to include the the facility census and the actual hours worked for Registered Nurses (RNs)...
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Based on observation, interview, and record review, the facility failed to post complete staffing information to include the the facility census and the actual hours worked for Registered Nurses (RNs), Licensed Practical Nurses (LPNs), Certified Nursing Assistants (CNAs), and Certified Medication Technicians (CMTs) directly responsible for resident care for each shift, in locations throughout the facility that are easily accessible to residents and visitors. The facility census was 250 residents.
1. Record review and observation of staff sheets, dated 12/10/21, 12/11/21, 12/12/21, and one undated showed:
-The staffing sheet was posted at the receptionist's desk, under a glass countertop, on the first floor at the entry of the facility.
-A copy of this staffing sheet was not posted in a prominent place accessible to residents on the second, third, or fourth floors where residents resided.
Observation on 12/10/21 at 10:26 A.M., of unit 3-South showed:
-Staffing and assignment sheets for the unit were posted on the wall behind the nurses' station.
-These sheets did not include the staff to resident ratio or census for the facility.
-The staffing assignment sheets did not include the number of RNs, LPNs, CMTs, and CNAs on duty for the 24 hour shift or the total nursing hours per shift.
-These sheets could not be read from outside the nurses' station.
During an interview on 12/13/21 at 10:12 A.M., LPN C on unit 4-South said:
-Staffing and assignment sheets were typically kept on the nurses' station counter.
-The unit census was written only on the staff report sheets (used to give information from staff from one shift to the next).
Observation on 12/13/21 at 10:13 A.M., of unit 4-South showed:
-Staffing and assignment sheets for the unit were laying on the counter at the nurses' station.
-These sheets did not include the census for the facility.
-The staffing assignment sheets did not include the number of RNs, LPNs, CMTs, and CNAs on duty for the 24 hour shift or the total nursing hours per shift.
-These sheets could not be read from outside the nurses' station.
During an interview on 12/13/21 at 10:14 A.M., LPN O on unit 4-North said:
-If a resident or visitor wanted to see a staff assignment sheet more closely, he/she would have to ask and a staff member would provide it for that person.
Observation on 12/13/21 at 10:17 A.M., of unit 4-North showed:
-Staffing and assignment sheets were posted behind the nurses' station desk.
-These sheets did not include the census for the facility.
-The staffing assignment sheets did not include the number of RNs, LPNs, CMTs, and CNAs on duty for the 24 hour shift or the total nursing hours per shift.
-These sheets could not be read from outside the nurses' station.
Observation on 12/14/21 at 9:17 A.M., of unit 4-South showed:
-Staffing and assignment sheets were laying on the nurses' station counter.
-These sheets did not include the census for the facility.
-The staffing assignment sheets did not include the number of RNs, LPNs, CMTs, and CNAs on duty for the 24 hour shift or the total nursing hours per shift.
-These sheets could not be read from outside the nurses' station.
Observation on 12/14/21 at 9:21 A.M., of unit 4-North showed:
-Staffing and assignment sheets were posted on a bulletin board behind the nurses' station desk.
-These sheets did not include the census for the facility.
-The staffing assignment sheets did not include the number of RNs, LPNs, CMTs, and CNAs on duty for the 24 hour shift or the total nursing hours per shift.
-These sheets could not be read from outside the nurses' station.
Observation on 12/14/21 at 9:27 A.M., of unit 3-South showed:
-Staffing and assignment sheets were posted behind the nurses' station desk.
-These sheets did not include the census for the facility.
-The staffing assignment sheets did not include the number of RNs, LPNs, CMTs, and CNAs on duty for the 24 hour shift or the total nursing hours per shift.
-These sheets could not be read from outside the nurses' station.
Observation on 12/14/21 at 9:42 A.M., of unit 3-North showed:
-Staffing and assignment sheets were posted behind the nurses' station desk.
-These sheets did not include the census for the facility.
-These sheets could not be read from outside the nurses' station.
Observation on 12/14/21 at 9:50 A.M., of unit 2-North showed:
-Staffing and assignment sheets were posted on a clipboard behind the nurses' station desk.
-These sheets did not include the census for the facility.
-The staffing assignment sheets did not include the number of RNs, LPNs, CMTs, and CNAs on duty for the 24 hour shift or the total nursing hours per shift.
-These sheets could not be read from outside the nurses' station.
Observation on 12/14/21 at 9:55 A.M., on Unit 2-South showed:
-Staffing and assignment sheets were posted on a cupboard behind the nurses' station desk.
-These sheets did not include the census for the facility.
-The staffing assignment sheets did not include the number of RNs, LPNs, CMTs, and CNAs on duty for the 24 hour shift or the total nursing hours per shift.
-These sheets could not be read from outside the nurses' station.
Observation on 12/14/21 at 10:05 A.M., at the facility entry reception desk showed:
-The staffing sheet was posted at the receptionist's desk, under a glass countertop.
-This staffing sheet was not posted elsewhere in the facility.
During an interview on 12/13/21 at 11:00 A.M., the Staffing Coordinator for Nursing said:
-The staffing coordinator would create a master copy of the facility staffing.
-The unit charge nurses were provided staffing sheets for their units at the beginning of their shifts.
-These are updated as needed on the units by the charge nurses and the master copy was also updated by the staffing coordinator or the shift house supervisors.
-The assignment sheets should go in a sleeve on the back of the door behind the nurses' station
-The staffing sheets on the individual units would show which staff were responsible for specific areas of the unit.
-These sheets do not have the facility census on them.
-The facility census and staffing sheets for 24 hours were at the reception desk at the facility front door.
-There was nothing like these sheets on the individual units or floors.
During an interview on 12/13/21 at 11:00 A.M., the Staffing Coordinator for Nursing said:
-The staffing coordinator would create a master copy of the facility staffing.
-The unit charge nurses were provided staffing sheets for their units at the beginning of their shifts.
-These are updated as needed on the units by the charge nurses and the master copy was also updated by the staffing coordinator or the shift supervisors.
-The assignment sheets should go in a sleeve on the back of the door behind the nurses' station.
-The staffing sheets on the individual units would show which staff were responsible for specific areas of the unit.
-This does did have the facility census on it.
-The facility census and staffing sheets for 24 hours were at the reception desk at the facility front door.
-There was nothing like these sheets on the individual units or floors.
During an interview on 12/14/21 at 11:32 A.M., the Staffing Coordinator for Nursing said:
-The staffing coordinator made the master staffing sheets each day.
-There was someone responsible for staffing at all times.
-The evening and night house supervisors should update the master staffing sheet as needed.
-He/she would distribute updated staffing sheet each morning to the units.
-The night house supervisor made the staffing sheets that include the facility ratio and resident census, and those were placed at the front facility reception desk each morning.
During an interview on 12/14/21 at 12:04 P.M., the Assistant Director of Nursing (ADON) and the Director of Nursing (DON) said:
-The expectation of posting of staffing would be the 24 hour report sheets at the entry way of the facility.
-These staffing sheets had the census, which was posted nightly by the house supervisor.
-The staffing coordinator came in at 6:30 A.M. in the mornings.
-The charge nurses were handed their assignments for their unit by the staffing coordinator.
-When the charge nurses arrived at their units, they were to make their assignment sheets which displayed what hall the staff were working and what duties they would have.
-The facility census and staff to resident ratio, including the number of RNs, LPNs, CMTs, and CNAs on duty for the 24 hour shift or the total nursing hours per shift, was only placed downstairs.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Food Safety
(Tag F0812)
Could have caused harm · This affected multiple residents
Based on observation, interview, and record review, the facility failed to keep the kitchen, dry storage, walk-in refrigerator and walk-in freezer floors clean; failed to retain thermometers in all re...
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Based on observation, interview, and record review, the facility failed to keep the kitchen, dry storage, walk-in refrigerator and walk-in freezer floors clean; failed to retain thermometers in all refrigerators to confirm adequate temperature ranges; failed to maintain sanitary utensils and food preparation equipment; failed to change the deep fryer oil in a timely manner; failed to maintain plastic cutting boards and utensils in good condition to avoid food safety hazards; failed to separate damaged food; and failed to ensure the proper refrigeration of food. These deficient practices potentially affected all residents who ate food from the kitchen. The facility's census was 250 residents with a licensed capacity for 300.
1. Observations during the Kitchen inspection on 12/7/21 between 10:10 A.M. and 11:26 A.M., showed the following:
-There were crumbs and paper debris under the racks in walk-in freezer #1.
-There were crumbs, a plastic cup, and paper debris under the racks in walk-in freezer #2.
-There were crumbs, food debris, pieces of foil, and a 16 ounce (oz.) plastic lidded cup of beef base under the racks in walk-in refrigerator #1.
-There were crumbs, paper debris, a butter pad, and a juice cup under the racks in walk-in refrigerator #2.
-A 1 gallon (gal.) jug of soy sauce approximately 1/2 full on a bottom rack in the dry storage room read refrigerate after opening on the label.
-There was paper and plastic debris on the floor under the racks in the dry storage room.
-A large 97 oz. can of evaporated milk on the can dispensing rack in the dry storage room was heavily dented on one side.
-A large 114 oz. can of ketchup on the can dispensing rack in the dry storage room was heavily dented on one side towards the top.
-The oil in two deep fryers was so blackened that the bottom grates inside were not visible.
-The range hood baffles (metal filters that capture grease droplets from rising hot air and condenses them to drain into a filter tray, with the intent of reducing food contamination) above the deep fryers and tilt skillet showed visible accumulation of lint.
-A sticker on the range hood read that it was last professionally cleaned on 7/26/21.
-Plastic green lids in a tub on a bottom rack south of the steam table were heavily covered with flaking plastic bits.
-One red, one purple, one yellow, and one green handled scoop in a utensil drawer all had plastic bits flaking off of them.
-Two large white cutting boards and one smaller white cutting board were heavily scored with plastic flaking off of them.
-The manual can opener on a food preparation table across from the main ovens had paper debris on the blade.
-There was foil and plastic under the racks by the northwest exit door and foil pieces on the floor behind the main ovens.
-One blue handled serrated knife on a wall mounted magnetic strip by the northwest door had food debris on the blade, and another similar one had food debris on it, and a chip in the cutting blade.
-A white handled knife on an adjacent wall mounted magnetic strip had a heavily damaged white plastic handle and a chipped point.
Observations during the pantry inspections on 12/7/21 between 11:28 A.M. and 12:11 P.M., showed the following:
-The third floor pantry's toaster was heavily laden with crumbs.
-The fourth floor pantry had one refrigerator with no thermometer inside and the greenish-gray plastic plate covers had chips around the rims.
Observations during the follow-up Kitchen inspection on 12/8/21 at 1:04 P.M. and 1:20 P.M., showed the following:
-There were crumbs and paper debris under the racks in walk-in freezer #1.
-There were crumbs, a plastic cup, and paper debris under the racks in walk-in freezer #2.
-There were crumbs, food debris, pieces of foil, and a 16 oz plastic lidded cup of beef base under the racks in walk-in refrigerator #1.
-There were crumbs, paper debris, a butter pad, and a juice cup under the racks in walk-in refrigerator #2.
-A 1 gal jug of soy sauce approximately 1/2 full on a bottom rack in the dry storage room read refrigerate after opening on the label.
-There was paper and plastic debris on the floor under the racks in the dry storage room.
-A large 114 oz. can of ketchup on the can dispensing rack in the dry storage room was heavily dented on one side towards top.
- The oil in two deep fryers was so blackened that the bottom grates inside were not visible.
-The range hood baffles (metal filters that capture grease droplets from rising hot air and condenses them to drain into a filter tray, with the intent of reducing food contamination) above the deep fryers and tilt skillet showed a visible accumulation of lint.
-Plastic green lids in a tub on a bottom rack south of the steam table were heavily covered with flaking plastic bits.
-One red, one purple, one yellow, and one green handled scoop in a utensil drawer all had plastic bits flaking off them.
-Two large white cutting boards and one smaller white cutting board was heavily scored with plastic flaking off of them.
-The manual can opener on a food preparation table across from the main ovens had paper debris on the blade.
-There was foil and plastic under the racks by the northwest exit door and foil pieces on the floor behind the main ovens.
-One blue handled serrated knife on a wall mounted magnetic strip by the northwest door had food debris on the blade, and another similar one had food debris on it, and a chip in the cutting blade.
-A white handled knife on an adjacent wall mounted magnetic strip had a heavily damaged white plastic handle and a chipped point.
During an interview on 12/10/21 at 9:27 A.M., the Dietary Manager said the following:
-The Storeroom Coordinator was responsible for cleaning and sweeping the dry storage and walk-in floors every Monday, Wednesday, and Friday, and the cooks and dietary aides were to do the kitchen floors.
-The deep fryer oil was to be changed by the cook after every use, but it was only used about once a month and the oil change was undocumented.
-He/She, the Production Manager, cooks, and dietary aides were all responsible for reporting damaged food preparation equipment and he/she would decide if it needed replaced.
-The Storeroom Coordinator or Production Manager checked in deliveries and would separate any damaged cans and leave on the dock for credit from the food vendor.
-The range hood baffles were cleaned by the dietary staff monthly by being scrubbed and ran through the dishwasher.
-If a food label read refrigerate after opening he/she would expect it to be done.
-Food preparation equipment should be cleaned after each use.
Record review of the 1999 and 2009 Food and Drug Administration (FDA) Food Code and Missouri Food Codes, showed:
-Chapter 4-101.11: Materials that are used in the construction of utensils and food-contact surfaces of equipment may not allow the migration of deleterious substances or impart colors, odors, or tastes to food and under normal use conditions shall be: (A) Safe; (B) Durable, corrosion-resistant, and nonabsorbent; (C) Sufficient in weight and thickness to withstand repeated wear washing; (D) Finished to have a smooth, easily cleanable surface; and (E) Resistant to pitting, chipping, crazing, scratching, scoring, distortion, and decomposition.
-In Chapter 4-501.12, Surfaces such as cutting blocks and boards that are subject to scratching and scoring shall be resurfaced if they can no longer be effectively cleaned and sanitized, or discarded if they are not capable of being resurfaced. Surfaces such as cutting blocks and boards that are subject to scratching and scoring shall be resurfaced if they can no longer be effectively cleaned and sanitized, or discarded if they are not capable of being resurfaced.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0840
(Tag F0840)
Could have caused harm · This affected multiple residents
Based on interview and record review, the facility failed to update written contracts for the use of outside resources and/or sign and date contracts after a change of ownership occurred. The facility...
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Based on interview and record review, the facility failed to update written contracts for the use of outside resources and/or sign and date contracts after a change of ownership occurred. The facility census was 250 residents.
A policy was requested related to use of outside resources and the facility did not have a policy related to this.
1. Review showed the facility had a change of ownership on 10/19/2021.
Record review of the facility's Medical Director Agreement showed:
-An outlined agreement of the Medical Director to provide services to the facility.
-The document was signed by the Medical Director on 4/15/10.
Record review of the facility's Services Agreement for psychiatric services showed:
-An outlined agreement to provide psychiatric services dated 10/11/19.
-The contract was signed by the former facility Administrator on 10/14/19.
-The contract was signed by the authorized representative of the psychiatric group on 10/15/19.
Record review of the Consulting Services Agreement for dining services showed:
-An outlined agreement for dietician services.
-The contract was signed by the dining services president on 2/20/21.
-There was no facility signature or date.
Record review of the Facility Agreement for behavioral health services showed the contract was signed by the former Administrator on 9/10/21 and by the behavioral health representative on 9/10/21.
Record review of the facility's Hospice -Skilled Nursing Facility Contract showed:
-An outlined agreement to provide Hospice services dated 10/19/21.
-The contract was signed by the former Administrator but not dated.
-The Hospice signature and date were not completed.
During an interview on 12/9/21 at 2:40 P.M., the Director of Nursing (DON) and Administrator said:
-Some of the contracts were new.
-Other contracts were not updated and were continued after the change of ownership.
During an interview on 12/14/21 at 9:57 A.M., the DON and Administrator said:
-The contracts were not updated for outside resources.
-The Administrator was responsible for updating the contracts after the change of ownership.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0843
(Tag F0843)
Could have caused harm · This affected multiple residents
Based on interview and record review, the facility failed to update an existing hospital transfer agreement after a change of ownership and to put forth a good faith effort to obtain other hospital tr...
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Based on interview and record review, the facility failed to update an existing hospital transfer agreement after a change of ownership and to put forth a good faith effort to obtain other hospital transfer agreements for hospitals used by the facility. The facility census was 250 residents.
A policy was requested related to transfer agreements and the facility did not have a policy related to this.
1. Review showed the facility had a change of ownership on 10/19/2021.
Record review of the Facility Transfer Agreement, dated 8/20/18, showed:
-A written transfer agreement signed by the former Administrator and the CEO of the hospital.
-The transfer agreement outlined transfer of patients, responsibilities of the transferring facility and receiving facility, and billing.
During an interview on 12/14/21 at 9:57 A.M., the DON and Administrator said:
-There were no other transfer agreements to area hospitals.
-The transfer agreement had not been updated after the change of ownership.
-The facility utilized multiple other hospitals to transfer residents when hospital services were needed.
-The Administrator was responsible for updating the transfer agreements and/or obtaining transfer agreements.
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0865
(Tag F0865)
Could have caused harm · This affected most or all residents
Based on interview and review of facility documentation, the facility failed to ensure a Quality Assurance Performance Improvement (QAPI) plan was developed to drive quality assurance (QA) measures th...
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Based on interview and review of facility documentation, the facility failed to ensure a Quality Assurance Performance Improvement (QAPI) plan was developed to drive quality assurance (QA) measures that addressed resident care and safety. This failure had the potential to affect all 250 residents who currently live in the facility.
1. Record review of the facility policy, revised 01/2008, showed:
-The quality improvement committee was appointed to provide oversight for the quality assurance program.
-The functions of the quality improvement committee:
--Determine quality improvement programs.
-Assess effectiveness of staff in designing, measuring, assessing, and improving the resident care and organizational functions by:
---Reviewing the clinical outcome benchmark data.
---Reviewing data relevant to the needs and expectations of our customers.
---Reviewing customer complaints.
---Reviewing reports from the departments and process improvement teams.
--Act on reports from the quality improvement team.
--Facilitate communications of team progress and improvements through the levels of the organization.
-The quality improvement committee would meet at least monthly.
During the QA interview on 12/14/21 at 10:03 A.M., the Director of Nursing (DON) and the Administrator said:
-The facility met for QA meetings monthly and also had a more extensive QA meeting quarterly.
-The quarterly meeting included the Medical Director, Administrator, DON, Assistant Director of Nursing (ADON), pharmacy services, laboratory services, Activity Director, Social Services, housekeeping, maintenance, and the facility wound nurse.
-They used the facility quality measure reports, audits, grievances and incidents to identify quality concerns.
-The Administrator started at the facility in the middle of 10/2021.
-The Administrator was unsure if he/she had attended a QA meeting.
-During a weekly meeting with Social Services, behaviors were reviewed and interventions were reviewed.
-Staff look at the residents laboratory results, review medications and if needed bring a psychiatrist on board for residents with behaviors.
-Sexual behaviors had not been identified as a quality of care issue in the QA program and no plan was in place to assess, address, and monitor, the behaviors identified.
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Infection Control
(Tag F0880)
Could have caused harm · This affected most or all residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the facility failed to meet the requirements for a comprehensive, facility-specific infect...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and record review, the facility failed to meet the requirements for a comprehensive, facility-specific infection prevention and control program designed to help prevent the development and transmission of waterborne pathogens (a bacterium, virus, or other microorganism that can cause disease), including documented assessments for such an outbreak, in accordance with Centers for Medicare and Medicaid Services (CMS) guidelines. This deficient practice had the potential to affect all residents, visitors, and staff who reside in, visit, use, or work in the facility. The facility census was 250 with a licensed capacity for 300.
1. Record review of the facility's disaster manual entitled The Rosewood Emergency Plan, last reviewed and updated on 1/15/21 and obtained from the 2nd floor's South Nurse Station, showed a 3-page document under the tab Water Program that did not include the following CMS requirements for a waterborne pathogen program:
-A facility-specific risk assessment that considers the American Society of Heating, Refrigerating, and Air Conditioning Engineers (ASHRAE) industry standard.
-A completed Centers for Disease Control (CDC) toolkit assessment including control measures such as physical controls, temperature management, disinfectant level control, visual inspections, and environmental testing for pathogens.
-A facility-specific infection prevention program or plan to deal with outbreaks of Legionella (A [NAME] of pathogenic Gram-negative bacteria that includes the species L. pneumophila, causing legionellosis (all illnesses caused by Legionella) including a pneumonia-type illness called Legionnaires' disease and a mild flu-like illness called Pontiac fever) and/or other waterborne pathogens.
-A program and/or flowchart that identified and indicated specific potential risk areas of growth within the building.
-Assessments of each individual area's potential risk level.
-Documentation of any site log book being maintained with any dated cleanings, sanitizings, descalings, and inspections mentioned.
During an interview on 12/13/21 at 9:02 A.M., the Administrator said the following:
-He/She had just taken over as Administrator about six weeks ago.
-He/She did not know who was responsible for implementing the waterborne pathogen program at the facility.
-He/She was somewhat familiar with CMS requirements for such a program.
During an interview on 12/13/21 at 9:58 A.M., the Maintenance Director said the following:
- The HVAC (heating, ventilation, and air-conditioning) Technician was responsible for testing the facility's water for Chloramine (a secondary disinfectant most commonly formed when ammonia is added to chlorine to treat drinking water to provide longer-lasting disinfection as the water moves through pipes to consumers) levels.
-He/She guessed they would need to get paperwork for all the other requirements.
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Room Equipment
(Tag F0908)
Could have caused harm · This affected most or all residents
Based on observation, interview, and record review, the facility failed to repair or replace three kitchen appliances to maintain safe operating condition according to manufacturers' specifications fo...
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Based on observation, interview, and record review, the facility failed to repair or replace three kitchen appliances to maintain safe operating condition according to manufacturers' specifications for the preparation of meals for the residents. This deficient practice had the potential to affect all residents who ate food from the kitchen. The facility's census was 250 residents with a licensed capacity for 300 residents.
1. Observations during the initial kitchen inspection on 12/6/21 at 9:40 A.M., showed the facility's electric convection oven, an electric combi oven (a combi has a combination mode which uses both dry heat and steam to maintain exact humidity levels, thus providing more control of the moisture levels in food), and an electric pass-thru refrigerator were not in proper working order.
During an interview on 12/07/21 at 2:31 P.M., the Dietary Manager (DM) said the following:
-The top combi oven and the lower convection oven were out of service, but he/she thought the facility may have gotten bids for their replacement.
-The pass-through refrigerator was also not working and they had not heard of any plans to replace it.
During an interview on 12/8/21 at 3:13 P.M., the DM said the following:
-All three kitchen appliances that were out of service were electrical.
-He/She did not know what the time frame was for ordering new ones.
Record review of the three quoted bids for the electric convection oven, electric combi oven, and electric pass-thru refrigerator, provided by the Maintenance Director, showed they were dated from 8/26/21 through 10/28/21.
During an interview on 12/9/21 at 2:57 P.M., the Maintenance Director said the following:
-He/She had bids for all three non-working kitchen appliances.
-He/She did not know why they had not been ordered yet.
-The delay was probably due to the recent ownership change.
During an interview on 12/10/21 at 9:27 A.M., the DM said the following:
-The convection oven had been inoperable since 2019.
-The combi oven had been inoperable for about 11 months.
-The pass-thru refrigerator had been inoperable for over a year and a half.
-Those three appliances being inoperable for so long affected the daily workings of the kitchen.
-There was a new facility ownership change that started about a month and a half ago that may have something to do with the delays.
During an interview on 12/13/21 at 9:02 A.M., the Administrator said the following:
-He/She would expect kitchen appliances to be repaired or replaced in a timely manner.
-It should not normally take over year to facilitate.