CRITICAL
(L)
Immediate Jeopardy (IJ) - the most serious Medicare violation
Deficiency F0886
(Tag F0886)
Someone could have died · This affected most or all residents
⚠️ Facility-wide issue
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interviews and document review, it was determined that the facility failed to ensure: 1.) a symptomatic unvaccinated Ce...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interviews and document review, it was determined that the facility failed to ensure: 1.) a symptomatic unvaccinated Certified Nurse Aide (CNA #1) notified the supervisor, prior to the start of her shift on 04/08/22 that she was ill, 2.) immediate action was taken to initiate COVID-19 testing upon the identification of a staff member (CNA #1) who provided resident care to 9 of 27 residents who resided on a Dementia unit, and tested COVID-19 positive at the end of shift on 04/08/22 and resident testing for COVID-19 was initiated on 04/11/22 (three days later), 3.) the facility followed the relevant Centers for Disease Control and Prevention (CDC), Federal, State guidance for infection control, and 4.) the facility's Outbreak Plan was followed to prevent exposure and mitigate the spread of COVID-19, a deadly highly transmissible infectious disease.
The facility's system wide failure to immediately conduct COVID-19 testing upon the identification of a single new case of a COVID-19 posed a serious and immediate risk to the health and well-being of all staff and residents who resided at the facility and who were placed at risk for contracting a contagious infectious and potentially deadly virus. A serious adverse outcome was likely to occur as the identified non-compliance resulted in an Immediate Jeopardy (IJ) situation that was identified on 04/26/22 at 4:10 PM. The removal plan was verified as implemented by the survey team during an onsite visit conducted on 04/29/22 at 1:22 PM.
The IJ situation began on 04/08/22, when a Certified Nurse Aide (CNA #1) reported to work while ill and proceeded to provide care for nine residents who resided on 1 of 3 resident units (Dementia unit). The residents who were cared for by CNA #1 were tested for COVID-19 on 04/11/22, which was three days after they were identified as exposed.
The evidence is as follows:
Refer to 880F
Reference: Centers for Medicare & Medicaid Services (CMS), QSO-20-38-NH, revised 03/10/22, Interim Final Rule (IFC), CMS-3401-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency related to Long-Term Care (LTC) Facility Testing Requirements.
On 04/20/22 at 9:24 AM, the surveyor conducted an entrance conference with the facility Administrator (LHNA) and Director of Nursing (DON). The DON stated the Dementia unit currently had an outbreak of COVID-19.
On 04/20/22 at 3:00 PM, the DON provided the surveyor with a line listing (LL) for the current facility outbreak. The surveyor reviewed the LL which revealed the following: There were two staff and seven residents listed on the LL. A Staff member, a CNA, who worked on the Dementia unit, was the first COVID positive case and had an Onset Date (symptomatic or specimen date, asymptomatic) of 04/08/22. Asymptomatic had N (no) documented and the CNA had a temperature of 101.0 degrees Fahrenheit and a Y (yes) was indicated for congestion and fatigue. The COVID-19 Antigen Collection date was 04/08/22. Covid-19 Antigen Result was Positive. The surveyor inquired to the DON if the outbreak had been reported to the Department of Health (DOH). The DON confirmed that she had reported the outbreak and the surveyor requested any communication the facility had with the DOH regarding reporting the outbreak.
On 04/21/22 at 8:30 AM, the facility provided the surveyor with an Outbreak Plan, Updated 03/01/2022. The Outbreak Plan revealed Assumptions, Every disease is different. The local, state, and federal health authorities will be the source of the latest information and most up to date guidance on prevention, case definition, surveillance, treatment, and skilled nursing center response related to a specific disease threat.
On 04/21/22 at 9:19 AM, the DON provided the surveyor with an email dated 04/14/22 at 12:05 PM that revealed a Subject: NJDOH Recommendations. The document revealed Outbreak/Investigation Testing, CMS-certified facilities are to follow QSO-20-38-NH, upon identification of a single new case of COVID-19 infection in any staff or residents, testing should begin immediately. The document also revealed You must continue to follow NJDOH Guidance for infection prevention and comply with all applicable regulatory requirements set forth by NJDOH, CMS, or other regulatory agencies.
On 04/21/22 at 9:30 AM, the DON provided the surveyor with eleven pages of contact tracing documents for the current outbreak, and the first page revealed: Positive Employee CNA #1, Date of Exposure 04/08/22, Current Shift 7-3 (7:00 AM-3:00 PM) and Shifts worked in last 48 hours, 2- 04/07/22 and 04/08/22. Number of residents exposed, 9.
The document revealed resident names (Resident #15, #40, #46, #65, #84, #60, #101, #20, #47), and a date that they had received a COVID-19 test, After Exposure 1- 04/11/22 and all nine residents had Negative documented.
On 04/21/22 at 9:21 AM the surveyor, in the presence of another surveyor, interviewed the DON regarding the contact tracing process. The DON stated she would complete the contact tracing along with the facility Infection Preventionist (IP). The surveyor inquired to the DON regarding the facility COVID-19 testing process. The DON stated that the COVID-19 testing was completed twice weekly for all unvaccinated staff, and it depended on when the staff worked regarding when they were tested. The DON stated that the residents were tested depending on the contact tracing that was completed. The DON stated if they were not in an outbreak the residents would not be tested. The DON stated she was currently in the process of completing contact tracing for the current outbreak (04/08/22) and was completing some testing on some of the residents.
On 04/21/22 at 11:52 AM the surveyor, in the presence of another surveyor, conducted an additional interview with the DON regarding the facility contact tracing that was provided by the DON. The DON stated that CNA #1 worked on 04/07/22 and 04/08/22 on the 7:00 AM to 3:00 PM shift. The DON stated that the CNA #1 was not feeling well toward the end of her shift, and she was tested for COVID-19 at that time. The DON stated that the CNA #1's temperature was taken and was elevated at 101.0 degrees Fahrenheit. The DON stated she used a copy of the CNA #1's resident assignment for that day, and the day before (04/07/22 & 04/08/22) for the contact tracing. The surveyor inquired as to what other people were identified as exposed to the CNA #1. The DON stated the CNA #1 had no close contact with any other people. The DON stated the facility tested all of the residents on the CNA #1's assignment for COVID-19 at that time, and all of the residents were negative. (Per the contact tracing documents the residents were tested on [DATE], which was three days after being exposed to the CNA #1 on 04/08/22).
On 04/26/22 at 10:35 AM, the surveyor interviewed the CNA #1 in the presence of the survey team. The CNA #1 stated she worked at the facility for eleven years and had been educated on signs and symptoms of COVID-19 and was aware that she should tell her supervisor prior to coming to work if she was not feeling well. The CNA #1 stated that she did not feel well on 04/08/22, she felt warm, then took Tylenol (fever and pain reducing medicine), fell back asleep and then came into work. She stated she did not report to her supervisor that she had felt ill on 04/08/22. She stated she worked that day, cared for residents, and assisted other staff with their residents. She stated, it was my regular day to get tested and went to get tested at the end of her shift. The CNA #1 stated no one had interviewed her about what she had done on 04/08/22 and who she had contact with.
04/26/22 at 12:56 PM, the surveyor interviewed the DON and IP, in the presence of the survey team. The surveyor inquired regarding, who and when could be contact traced, and the time frame for the look back. The IP stated that the contact tracing was completed for 48 hours prior to the exposure to the positive COVID-19 staff. The contact tracing would include the assignment for who the staff member had cared for, and if the staff had helped with any other assignments. The IP stated they would follow the CDC (Centers for Disease Control and Prevention) algorithm for exposure and the executive order from the DOH which entailed who should be tested.
On 04/26/22 at 1:26 PM, the DON and IP provided the surveyor with the Executive Directive No. 21-012, dated November 24, 2021, The New Jersey Department of Health (NJDOH) Guidance for COVID-19 Diagnosed and/or Exposed Healthcare Personnel, dated February 17, 2022, and Considerations for Cohorting COVID-19 Patients in Post-Acute Care Facilities, dated February 25, 2022. At that time, the surveyor inquired to the DON regarding using the QSO-20-38-NH guidance from CMS, that was referenced in the DOH email. The DON stated the facility used what they had, and she stated she was not sure of the CMS QSO-20-38-NH, Revised 03/10/22.
On 04/26/22 at 1:47 PM the surveyor inquired to the DON and IP, in the presence of another surveyor regarding what would the definition of immediately be in regard to testing, and as referenced in the CMS QSO-20-38-NH, Revised 03/10/22. The DON stated immediately would be within 24 hours. The surveyor requested the documentation regarding the definition and the DON was unable to provide. The surveyor inquired to the DON regarding the date that any residents were tested regarding the 04/08/22 outbreak, which listed a testing date of 04/11/22. The DON confirmed the residents were tested on [DATE]. The DON stated she would go back to 04/06/22 and 04/07/ 22 for the contact tracing. At 1:55 PM the DON stated that she spoke with the unit manager and obtained CNA #1's assignment that would be utilized for the contact tracing. At that time, the surveyor inquired if there was any staff tested regarding the 04/08/22 outbreak. The IP stated that she did not test any staff related to the exposure from the 04/08/22 outbreak. The IP stated that CNA #1's COVID-19 test was completed at the end of her shift. The IP stated that the CNA #1's test was positive, and the IP inquired to the CNA #1 if she was feeling ill and the CNA #1 told the IP that she wasn't feeling well and took Tylenol. At 12:05 PM, the DON stated that as a team we went through the CNA #1's assignment on Monday (04/11/22) and we started to test residents for COVID-19 at that time, she stated I didn't put the times in, regarding the testing and I didn't test immediately. The DON stated that the CNA #1 should have told us about her fever beforehand.
On 04/27/22 at 9:14 AM, the surveyor interviewed the IP, in the presence of the survey team, regarding the facility testing prior to the outbreak of 04/08/22. The IP stated the facility was testing un-vaccinated employees twice weekly and the employees would be swabbed prior to the start of their shift using a rapid test. The IP stated that if she was not there to do the swabbing, then another nurse would test the un-vaccinated employees prior to their shift. The IP stated the importance of testing prior to the shift was because the employee may not be symptomatic and may have COVID-19 and it would prevent the spread of the virus. If the staff member tested positive prior to the shift she stated she would send the employee home. The IP stated the un-vaccinated employee knows that they need to contact the supervisor to be tested prior to the start of their shift. The surveyor inquired as to how the 04/08/22 outbreak started, and the IP stated it started with the CNA #1, the un-vaccinated employee. The IP further stated that the CNA #1 was running late on 04/08/22, and that the CNA #1 wanted to start her assignment, and that was the reason she was not tested prior to the start of her shift. The surveyor inquired as to what should be done after the CNA #1 tested COVID-19 positive. The IP stated that when an employee tested Covid-19 positive we would start testing the residents that he/she had close contact with. The IP stated, I notified the DON that the CNA #1 tested positive for Covid-19. The IP stated testing should be immediate for any close contacts, and it did not matter what the vaccination status of the residents were regarding testing for COVID-19. The IP stated the exposed employees were not tested immediately and un-vaccinated exposed employees are tested within 24 hours of exposure.
On 04/28/22 at 12:34 PM, the surveyor conducted a telephone interview with the Public Health Epidemiologist for the county the facility resided in. The surveyor inquired to the Epidemiologist regarding what the facility guidance should the facility followed for contact tracing and testing regarding the 04/08/22 outbreak. The surveyor referenced the email between the epidemiologist and the facility dated 04/14/22. The epidemiologist stated that the QSO 20-38-NH guidance was what was referenced in the email and that should have been followed by the facility. The epidemiologist stated the facility should have identified using a broad based or close contact method, and the facility was responsible to complete COVID-19 testing immediately.
On 04/29/22 at 10:45 AM, the surveyor, in the presence of another surveyor, inquired to the DON if the DON read the email from DOH on 04/14/22. The DON stated that she read the directive from the DOH on 04/14/22 and since she had already started the contact tracing, she would follow the 03/10/22 directive moving forward.
On 05/03/22 at 12:14 PM, the surveyor requested the COVID-19 testing documentation for all 9 residents exposed to COVID-19 on 04/08/22, and at 12:50 PM the DON provided nine Point of Care (POC) Negative COVID-19 Antigen reports for Resident #15, #40, #46, #65, #84, #60, #101, #20, and #47. The Date the tests were performed for all nine residents was 04/11/22 and the tests were untimed.
On 05/04/22 at 10:12 AM, the surveyor, in the presence of the survey team, interviewed the DON and IP regarding the document that provides the guidance when an outbreak occurred. The DON and IP confirmed that the Outbreak Plan was the guiding document for any outbreak.
A review of the facility provided, Policy for Emergent Infectious Disease (COVID-19) updated 03/01/22, included but was not limited to: Assumption - the local, state, and federal health authorities will be the source of the latest information and most up to date guidance on prevention, case definition, surveillance, treatment, and skilled nursing center response related to a specific disease threat. This document contains recommendations .Modifications should be made based upon the regulatory requirements. Testing of Residents 1. If testing capacity allows, facility-wide testing of all residents should be considered in facilities with suspected or confirmed cases of COVID-19. 3. If testing capacity is not sufficient for facility-wide testing, perform testing on units with symptomatic residents should be prioritized. Testing of nursing home HCP (staff) - 1. If testing capacity allows, all HCP should be considered in facilities with suspected or confirmed cases of COVID-19. Early experience suggests that, despite HCP symptom screening, when COVID-19 cases are identified in a nursing home, there are often HCP with asymptomatic SARS-CoV-2 infection present as well. Testing related to (+) COVID-19 exposure and/or symptoms associated with SARS-CoV-2 1. Contact tracing approach - identifies all resident close contacts and staff high-risk exposures. All individuals with close contact and/or high-risk exposure should be tested. If testing reveals additional cases, contact tracing will continue to be performed. Testing of Residents and Staff as follows: 4. Routing testing: all staff testing must be completed prior to entering the facility and units to decrease exposure to the residents and staff.
A review of the Centers for Medicare and Medicaid Services (CMS) directive QSO-20-38-NH, dated revised 03/10/22, included but was not limited to the definition of Close contact refers to someone who has been within 6 feet of a COVID-19 positive person for a cumulative total of 15 minutes or more over a 24-hour period. Guidance - To enhance efforts to keep COVID-19 from entering and spreading through nursing homes, facilities are required to test residents and staff based on parameters and a frequency set forth by the HHS Secretary. The testing summary included that for newly identified COVID-19 positive staff or resident in a facility that can identify close contacts, the facility should, regardless of vaccination status, test all staff that had a higher-risk exposure with a COVID-19 positive individual and test all residents who had a close contact with a COVID-19 positive individual. Testing during an outbreak revealed -that upon identification of a single new case of COVID-19 infection in any staff or residents, testing should begin immediately. Facilities have the option to perform outbreak testing through two approaches, contact tracing or broad-based (e.g. facility-wide) testing. Documentation of testing - that upon identification of a new COVID-19 case in the facility, document the date the case was identified, the date that other residents and staff are tested, the dates that staff and residents who tested negative are retested, and the results of all tests.
A review of the Policies and Practices- Infection Control Revised/Reviewed: 1/2019 revealed: Policy Statement: This facility's infection control policies and practices are intended to facilitate maintaining a safe, sanitary and comfortable environment and to help prevent and mange transmission of diseases and infections; 2. The objectives of our infection control policies and practices are to: a. Prevent, detect, investigate, and control infection in the facility, b. Maintain a safe, sanitary, and comfortable environment for personnel, residents, visitors, and the general public, 3. The Quality Assurance and Performance Improvement Committee, through the Infection Control Committee, shall oversee implementation of infection control policies and practices, and help department heads and managers ensure that they are implemented and followed .
A review of the Infection Prevention and Control Program Reviewed 3/2021 revealed: Policy Statement: 1. The infection prevention and control program is a facility-wide effort involving all disciplines and individuals and is an integral part of the quality assurance and performance improvement program, 2. The elements of the infection prevention and control program consist of coordination/oversight, policies/procedures, surveillance, data analysis, antibiotic stewardship, outbreak management, prevention of infection, and employee health and safety, 1. Coordination and Oversight, a. the infection prevention and control program is coordinated and overseen by and infection prevention specialist (infection preventionist), 3. Surveillance, a. Surveillance tools are used for recognizing the occurrence of infections, recording their number and frequency, detecting outbreaks and epidemics, monitoring employee infections, and detecting unusual pathogens with infection control implications, 6. Outbreak Management, a. Outbreak Management, Outbreak management is a process that consists of: 1. determing the presence of an outbreak; 2. determining the presence of an outbreak, 3. preventing the spread to other residents, 4. documenting information about the outbreak, 5. reporting the information to appropriate public health authorities, 6. educating the staff and the public, 7. monitoring for recurrences, 8. reviewing the care after the outbreak has subsided; and recommending new or revised policies to handle similar events in the future, 9. Monitoring Employee Health and Safety, a. The facility has established policies and procedures regarding infection control among employees, contractors, vendors, visitors, and volunteers, including: 1. situations when these individuals should report their infections or avoid the facility (for example, the draining skin wounds, active respiratory infections with considerable coughing and sneezing, or frequent diarrhea stools) .
A review of the undated Job Description: Infection Control Preventionist revealed: Broad Function: The infection preventionist is responsible for the facility infection prevention and control program (IPCP), which is designed to provide a safe, sanitary, and comfortable environment and to help prevent the development and transmission of communicable diseases and infections. CMS definition: Infection preventionist: term used for the person (s) designated by the facility to be responsible for the infection prevention and control program .Management of Nursing Department: Oversight of the IPCP, which included, at a minimum, the following elements, A system from preventing, identifying, reporting, investigating, and controlling infections and communicable diseases for all residents, staff, volunteers, visitors, and other individuals providing services under a contractual arrangements based upon the facility assessment .and following accepted national standards, Establish a facility-wide system for the prevention, identification, investigation, and control of infections of residents, staff, and visitors, including surveillance designed to identify possible communicable diseases or infections before they spres, Conduct outbreak investigations, Maintain current knowledge of federal, state, and local regulations and ensure that the facility leaders are informed of appropriate issues, understand and comply with infection, control .
A review of the Certified Nursing Assistant job description revealed the following: Job Summary, The purpose of this position is to assist the nurses in the providing of resident care primarily in the area of the daily living routine.; C. Carry out assignments for resident care including (but not limited to): a. Bathing, b. Dressing, c. Grooming, d. Shaving, e. Feeding, f. Restorative nursing procedures, g. retraining; M. Be responsible for well-being and nursing care of all residents assigned to his/her unit while on duty; Z. Follow established fire, disaster, safety, infection control, and evacuation policies and procedures .
NJAC 8:39- 19.1(a); 19.2(a)(c)
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0558
(Tag F0558)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, record review, and review of facility documentation, it was determined that the facility failed...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, record review, and review of facility documentation, it was determined that the facility failed to respond to a resident call light in a timely manner to provide assistance to a resident who required toileting assistance. This deficient practice was identified for 1 of 25 residents reviewed (Resident #34) and was evidenced by the following:
On 04/25/22 at 9:35 AM, two surveyors were at the nursing station on the Long Term Care Unit (LTC) when we heard screaming in the hallway. The call light for Resident #34's room was activated and sounded at the nursing station. The surveyors proceeded down the hallway and observed Resident #34 was sitting on the bed and appeared visibly upset. At that time, Resident #34 summoned the surveyors to come into the room.
The surveyors entered the room and asked Resident #34 if he/she needed something. Resident #34 stated, I have been here for one and one-half years had never had two (staff) assist with the Sit to Stand. The resident stated that [his/her] call light had been on since 8:00 AM because he/she needed to use the bathroom. and the CNA turned off the light at 8:30 AM, and the Certified Nursing Assistant (CNA) entered the room and indicated that she was waiting for another staff to assist and [The CNA] was still not here to assist.
On 04/25/22 at 9:40 AM, the surveyor interviewed the Temporary Nursing Assistant (TNA) assigned to Resident #34. The TNA revealed that she was aware that Resident #34 needed to use the bathroom and the TNA stated she had informed the resident that she would return to assist after she had collected the breakfast trays, and that she could not locate the Sit to Stand (STS) Lift to transfer the resident. The TNA informed the surveyor that she had returned to the room at 9:30 AM and had apologized to the resident. The TNA stated the resident was very upset and was unable to understand why he/she had to wait that long to use the bathroom. The TNA added that there was only one STS Lift for the unit and she could not locate it. The surveyor inquired to the TNA what other approaches could have been used to assist Resident#34, and the TNA indicated that she could have offered Resident #34 a bedpan since Resident #34 was still in bed.
On 04/25/22 at 12:00 PM, the surveyor interviewed Resident #34 while Resident #34 was sitting in a wheelchair in the room. When asked if the facility staff answered the call light promptly when he/she needed assistance, Resident #34 stated, Sometimes it seems like it takes forever for staff to come. Resident #34 stated that he/she needed help with being transferred and called for assistance. Resident #34 informed the surveyor that one time he/she alerted 911 because he/she needed to be changed and could not get the staff to assist in a timely manner. Resident #34 stated that this morning he/she activated the call light around 8:00 AM and was not assisted until 9:45 AM. When asked about the time, he/she pointed to the clock in the room to indicate that was how he/she knew the time.
On 04/25/22 at 12:25 PM, the surveyor interviewed the Food Service Director (FSD) and requested any logs for the meal cart delivery. The FSD indicated that the Units do not sign when the trays arrived on the unit. However, he provided a log for the time that the trays left the kitchen. According to the log provided, the first cart left the kitchen for the 200's Unit at 7:20 AM, and the last cart scheduled at 7:40 AM. Resident #34's tray was on the second delivery and arrived on the Unit around 7:45 AM. Resident #34 stated to the surveyor that he/she activated the call light around 8:00 AM. Subsequent observations on 04/27/22 and 05/03/22 at 7:50 AM confirmed that Resident #34 received the breakfast tray around 8:00 AM.
On 04/25/22 at 12:54 PM, the surveyor interviewed the LPN/Unit Manager (LPN/UM), regarding the incident with the call light. The LPN/UM stated that her expectation was for call light to be answered in a timely manner. When asked to elaborate she indicated a reasonable time would be within 15 minutes. She added that staff could have been in other rooms providing care or they forgot to turn off the call light. The surveyor asked the LPN/UM if Resident #34 had prior issues with the call light or expressed concerns over his/her needs not being met in a timely manner and the LPN/UM stated, No.
On 04/25/22 at 2:55 PM, the surveyor interviewed the Director of Nursing (DON) regarding if any call light audits completed. The DON stated that the system at the facility was not programmed to register when call lights were activated and deactivated by staff. The DON added that the call light was visible on the panel at the nursing station.
On 04/26/22 at 11:15 AM, the surveyor reviewed the paper call light audits for the prior two months that were provided by the DON. The DON stated that on a daily basis she asked the Unit Managers to document call lights responses and the Unit Managers provided these logs. The facility did not have the ability to confirm the time call lights were activated or when the requested care was provided.
On 04/26/22 at 11:45 AM, the surveyor reviewed Resident #34's electronic medical record which revealed the following:
Resident #34 was admitted to the facility with diagnoses which included but, was not limited to, wedge compression Fracture of T [Thoracic] T 11-T 12 vertebra, subsequent encounter for fractures with routine healing, unspecified osteoarthritis, retention of urine and anxiety disorder. The admission Minimum Data Set (MDS) an assessment tool used by the facility to prioritize care dated 07/31/21, revealed that Resident #34 scored 15/15 on the Brief Interview for Mental Status which indicated the resident was cognitively intact. The MDS further revealed the functional status for bed mobility, dressing, and personal hygiene was coded as the resident required extensive assistance from staff. Resident #34 also required the use of a Sit to Stand Lift (a mechanical lift used for transfer from the bed to a chair) for transfer to the bathroom.
The following Progress Notes entries revealed:
11/21/21 at 15:43:15 [3:43 PM] Note Text: This writer was informed of resident calling 911 for assistance. On arrival to resident's room, observed resident seated at edge of bed and c/o [complained] not being attended to in a timely fashion. [He/She] mentioned that [he/she] was wet and needed to be changed right away and that is why [he/she] called police. This writer informed [him/her] that 911 is for emergency calls only and that we are here to assist in every way possible. This writer, nurse, & CNA immediately performed care and safely transferred [him/her] to the bathroom with use of sit to stand equipment. Kept clean and dry with day clothes on; then transferred into [him/her] w/c [wheelchair]. Resident was content afterwards.
12/08/21 at 17:09 [5:09 PM] Health Status Note Note Text: Resident propelled self to nurses station and informed this writer that the CNAs are not being mean or saying thing to [him/her] that are negative but that they are being breezy to [him/her]. Writer asked [him/her] what that meant and [he/she] replied they are just not as talkative to me as they could be. When writer was re assuring resident that the CNAs were busy and that they did say hello to [him/her] when [he/she] came out of [his/her] room, resident then became angry, yelling and screaming at this [NAME] let's talk about general. Resident then went to activities. At 3:10 PM resident came to this writer and stated I need to go to the bathroom. This writer informed resident that we will send a CNA to [him/her] as soon as we can. Resident was informed that [his/her] CNA was on a break and would be back in a few minutes. Resident then stated I can wait a few minutes. Resident waited about 10 minutes and began screaming for [his/her] aid. Writer informed [his/her] that her CNA had just come back from break and that she was getting her supplies to take resident to the bathroom. Resident then screamed I have been sitting here for 40 minutes. Writer informed [him/her] of the time and that it was 10 minutes. At that time resident stopped yelling and CNA assisted resident into the bathroom.
12/13/21 at 14:59 [2:59 PM] Behavior Note Note Text: Resident continues on prednisone, last dose given, 10 (milligram) mg. Respirations even and unlabored. No cough or shortness of breath noted. No wheezing noted. Increased anxiety noted after lunch, Wanted to be toileted Immediately upon returning from MDR. Resident was made aware aware that the CNAs were toileting other residents and will assist [him/her] when care was completed, that [he/she] should go to [him/her] room to be toileted. Resident #34 began to raise [his/her] voice and did not want to wait. Two CNAs approached Resident #34 with the STS machine for transfers and took [him/her] to her room to be toileted. No further episodes noted.
The surveyor could not locate the incident that occurred in the presence of the surveyor on 04/25/22 in the Electronic Progress Notes. On 04/27/22 at 12:15 PM, after surveyor inquiry to the DON, the DON provided the surveyor a grievance form dated 04/25/22. The form revealed that the LPN/UM reported that Resident #34 was upset about waiting to be toileted and get care. On 05/03/22 at 12:53 PM, the administrator provided an individual Education Record for the TNA who was assigned to Resident #34 which addressed Residents care and preferences.
A review of the Agency-Self Study Orientation Packet for the TNA provided by the facility on 04/27/22 at 2:39 PM, revealed the following under Customer Service/Culture of Caring/ Effective Communication: If you cannot help, ask a supervisor or another person to help. (The TNA acknowledged that she could not assist Resident #34 at 8:30 AM when she collected the breakfast tray and that she did not report to the Unit Manager her conversation with Resident #34 who mentioned that he/she had been waiting for awhile to use the bathroom.) A review of the facility's CNA/TNA main duty was to carry out assignments for resident care including but not limited to answer call light promptly.
On 05/03/22 at 10:30 AM, the surveyor interviewed the DON regarding any entries into the medical record regarding Resident #34's concerns regarding a delay in care. The DON indicated that she was not aware of any prior entries in the clinical record regarding Resident #34 concerns with delay in services. (Resident #34 had 3 prior documented incidents with the call lights/ needed assistance to use the bathroom: 11/21/21 at 15:43, 12/08/21 at 15:10 PM and 12/13/21 at 14:59 PM. The facility did not initiate a care plan to assist the direct staff to meet Resident #34's toileting needs in a timely manner. Resident #34 had a BIMS of 15, there was no documentation in the medical record to indicate that the Interdisciplinary Team met with Resident #34 and addressed the above issues).
On 05/03/2022 at 11:00 AM, the DON provided a copy of the call lights policy. The listed procedures documented, Answer all call lights in a prompt, calm, courteous manner. All staff, regardless of assignment must answer call lights. Turn off call light. Call-light should not be turned off until request is met. Respond to request or, if unable to do so, refer request to appropriate staff member immediately.
On 05/04/2022 at 10:27 AM, the DON indicated that she met with Resident #34 to discuss the concerns and a care plan was developed. The DON stated, I was surprised there was no care plan in place. Our expectations would be to put a care plan to address the issues.
NJAC 8:39-27.1 (a)
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Comprehensive Care Plan
(Tag F0656)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interviews, record reviews, and review of facility documentation, it was determined the facility failed to...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interviews, record reviews, and review of facility documentation, it was determined the facility failed to ensure a comprehensive person-centered care plan was developed with measurable objectives and individualized interventions for 2 of 25 sampled residents (Residents #34, #62) and was evidenced by the following:
1. On 04/21/22 at 9:30 AM, the surveyor observed Resident #34 sitting in a wheelchair in the room watching television.
On 04/25/22 at 9:35 AM, two surveyors were at the nursing station and heard screaming from the hallway. The surveyors proceeded to the hallway and we both observed Resident #34 sitting on the bed and was upset. Resident #34 asked the surveyors to come to to the room. The surveyors entered the room and asked Resident #34 if he/she needed something. Resident #34 stated, I have been here for one and one-half years had never had two (staff) assist with the Sit to Stand. The resident stated that [his/her] call light had been on since 8:00 AM because he/she needed to use the bathroom. Staff then turned off the light at 8:30 AM and the Certified Nursing Assistant (CNA) entered the room and indicated that she was waiting for another staff to assist. [The CNA] was still not here to assist.
On 04/25/22 at 9:40 AM, the surveyor interviewed the Temporary Nurse Assistant (TNA) assigned to Resident #34. The TNA confirmed that the Sit to Stand Lift (STS) was not available to assist Resident #34 to the bathroom in a timely manner.
The surveyor reviewed the medical record for Resident #34 which revealed the following:
Resident #34 was admitted to the facility with diagnoses which included, but were not limited to, Wedge compression Fracture of T [Thoracic Spine] T 11-T 12 vertebra, subsequent encounter for fractures with routine healing, unspecified osteoarthritis, retention of urine and anxiety disorder.
The admission Minimum Data Set (MDS), an assessment tool used by the facility to prioritize care, revealed that Resident #34 scored 15/15 on the Brief Interview for Mental Status which indicated an cognition. Functional status for bed mobility, transfer were coded as requiring extensive assistance from staff. Resident #34 also required a Sit to Stand Lift (mechanical lift to facilitate transfer from the bed/chair) to the bathroom.
On 04/25/22 at 9:45 AM, two surveyors observed the Licensed Practical Nurse/Unit Manager (LPN/UM) enter Resident #34's room with the STS Lift to assist the resident.
On 04/25/22 at 10:12 AM, the surveyor interviewed the LPN/UM and inquired about the process for the call bell response. The LPN/UM stated that the call bell should be answered in a timely manner and resident's needs should be met promptly. The surveyor inquired regarding what promptly meant, and the LPN/UM stated 15 minutes. The LPN/UM further stated that she had only one STS Lift because the other one was broken. She stated there were three residents on the unit who required the STS Lift. She stated that she was not aware that Resident #34 had the light on since 8:00 AM this morning and she acknowledged that she observed the call light after breakfast but was unsure of the time.
On 04/25/22 at 11:22 AM, the surveyor conducted a second interview with the TNA who cared for Resident #34 that day. The TNA stated that Resident #34 did not exhibit behaviors and she confirmed that Resident #34 requested to use the bathroom when she delivered the breakfast tray. She stated she informed Resident #34 that she would return after breakfast to assist him/her. Resident #34 informed then the TNA that he/she had been waiting for a little while. The TNA stated that another staff was using the STS Lift, and that there was only one STS Lift, so she could not assist Resident #34 in a timely manner.
On 04/25/22 at 12:25 PM, during an interview with the Food Service Director (FSD), the FSD revealed that the units did not have signed acknowledge receipts of the meals carts. The FSD then provided the log when the meal carts left the kitchen. According to the log, The 200's Unit received the first breakfast cart at 7:20 AM and the second cart left the kitchen at 7:40 AM. Resident #34's breakfast tray was on the second cart and observations on 04/27/22 and 05/03/22 at 7:50 AM, confirmed that Resident #34 received the breakfast tray close to 8:00 AM.
On 04/25/22 at 12:45 PM, the surveyor conducted another interview with the TNA. She indicated that Resident #34 informed her that she needed to use the bathroom when she collected the breakfast tray. The TNA stated that she was aware that he/she needed to use the STS Lift but the TNA could not locate the STS Lift. She stated she would have to use the hoyer Lift instead. When asked if there was any other approach that could have been used, she stated clearly, the fact that [he/she] was in bed, I could have offered the bedpan. The TNA indicated that she was assisting with breakfast trays and could not assist Resident #34 when he/she requested to use the bathroom.
On 04/25/22 at 12:54 PM, during an interview with the LPN/UM regarding other approaches that could have been used to assist the resident with his/her needs, she indicated the following: The TNA could have borrowed a Sit and Stand Lift from another unit. Could have ask a Physical Therapy staff to assist with transfer. The LPN/UM told the surveyor that the TNA could have offered the bedpan and stated I don't know why she did not offer the bedpan. The LPN/UM stated that she was not made aware of the resident request to use the bathroom earlier. The LPN/UM stated that she had an open door policy, if she was aware she would assist or could have advise the TNA of other approaches that could have been used to assist Resident #34. The surveyor then asked the LPN/UM if delivering/collecting meals trays took precedence over toileting needs. The LPN/UM stated No, however, as a CNA we were trained that when we start passing breakfast tray we had to continue. It is not norm [normal] and we are not trained that way. The LPN/UM added that the TNA took an online course and was not sure if they trained for the State certification yet. They do get trained here. They get a sign in sheet.
The surveyor asked the LPN/UM if Resident #34 had prior incidents regarding delay in answering the call light or meeting his/her toileting needs and she stated, No.
On 04/26/22 at 10:30 AM, the surveyor conducted a review of Resident #34's electronic clinical record. A review of the Progress Notes from 11/21 to present revealed the following entries:
11/21/21 at 14:31 [2:31 PM] Behavior Note, Note Text: Resident continues on med [medication] changed for dc' d [discontinued ] Buspar. No ill effect noted. Fair appetite. Compliant with meds. CNA came to resident's room this morning for care and since she's a new one, resident stated, I don't want somebody to do me that's new. Another CNA was in the room and stated that she's gonna [going ] to help the other staff. Resident refused and stated that the other aid is doing another resident's flower. This writer explained to the resident that we will try to get somebody to help her. In the meantime, lunch tray came in and resident agreed to wait after lunch. When this writer went to the room after lunch, resident stated that [he/she] called the police and they are coming. Supervisor made aware and came to the unit and talked to the resident. Resident stated [he/she] called the police because [he/she] is wet. Care rendered to resident this time with the supervisor and this writer helping.
12/8/21 at 17:09 [5:09 PM], Health Status Note, Note Text: Resident propelled self to nurses station and informed this writer that the CNAs were not being mean or saying thing to [him/her] that are negative but that they are being breezy to [him/her]. Writer asked [him/her] what that meant and [he/she] replied they are just not as talkative to me as they could be. When writer was re assuring resident that the CNAs were busy and that they did say hello to [him/her] when [he/she] came out of [his/her] room, resident then became angry, yelling and screaming at this writer let's talk about general. Resident then went to activities. At 3:10 PM resident came to this writer and stated I need to go to the bathroom. This writer informed resident that we will send a CNA to [him/her] as soon as we can. Resident was informed that [his/her] CNA was on a break and would be back in a few minutes. Resident then stated I can wait a few minutes. Resident waited about 10 minutes and began screaming for [his/her] aid. Writer informed [him/her] that [his/her] CNA had just come back from break and that she was getting her supplies to take resident to the bathroom. Resident then screamed I have been sitting here for 40 minutes. Writer informed her of the time and that it was 10 minutes. At that time resident stopped yelling and CNA assisted resident into the bathroom.
12/13/21 at 14:59 [2:59PM], Behavior Note, Note Text: Resident continues on prednisone, last dose given, 10 (milligram) mg. Respirations even and unlabored. No cough or shortness of breath noted. No wheezing noted. Increased anxiety noted after lunch, Wanted to be toileted Immediately upon returning from MDR. Resident was made aware aware that the CNAs were toileting other residents and will assist [him/her] when care was completed, that [he/she] should go to [his/her] room to be toileted. Resident #34 began to raise [his/her] voice and did not want to wait. 2 CNAs approached Resident #34 with the STS machine for transfers and took [him/her] to [his/her] room to be toileted. No further episodes noted.
The surveyor could not locate the incident that occurred in the presence of the surveyor on 04/25/22 in the Electronic Progress Notes. On 04/27/22 at 12:15 PM, after surveyor inquiry to the DON, the DON provided the surveyor a grievance form dated 04/25/22. The form revealed that the LPN/UM reported that Resident #34 was upset about waiting to be toileted and get care. On 05/03/22 at 12:53 PM, the administrator provided an individual Education Record for the TNA who was assigned to Resident #34 which addressed Residents care and preferences.
On 04/25/22 at 2:45 PM, the surveyor reviewed Resident #34's plan of care. There was no care plan in place regarding a toileting program, or any approaches that could assist the direct care staff to better meet Resident #34's toileting needs.
On 04/29/22 at 8:59 AM, the surveyor reviewed Resident #34's [NAME]. After surveyor inquiry interventions to toilet Resident prior to breakfast was added on 04/27/22.
2. On 04/22/22 at 7:43 AM, the surveyor observed Resident #62 in bed. Resident #62 reported that he/she had a horrible night, and stated I dreamed all night.
On 04/25/22 at 10:15 AM, the surveyor observed Resident #62 in activity holding a doll.
During the tour on 04/20/22 at 10:30 AM, the surveyor observed Resident #62 in bed. The bed was in a low position and a tab alarm was noted on the chair.
A record review of Resident #62 clinical record was conducted on 04/22/22 which revealed the following:
According to the admission Face Sheet, Resident #62 was admitted to the facility with diagnoses which included but not limited to unspecified dementia without behavioral disturbances, anxiety disorder, and low back pain.
02/19/22 at 19:41 [7:41 PM], a Behavior Note revealed: Resident (referring to Resident #62) noted to self propel in w/c [wheelchair] in and out of other resident rooms easy to redirect safety alarm in place.
Another entry dated 03/04/22 at 19:50 [7:50 PM], indicated the following: Resident #62 is on OT [Occupational Therapy] and received responsive and noted propelling self to and from the unit. Resident #62 is alert with confusion. Was redirected several times resident wheeled [him/herself] at the front lobby looking for [his/her] room. Resident requires x 1 assist with care and x 1 with transfers. Resident is able to feed self with set-up help . At this time resident is in bed with eyes close. Bed alarm in place. Will continue to monitor.
On 03/05/22 at 18:56 [6:56 PM], Behavior Note:
Note Text: Resident wandering in wheelchair throughout unit since beginning of shift. Resident propelled self down 40 hallway pushed on exit door alarm sounded. Able to redirect without difficulty. Staff assist to bed.
On 04/01/22 at 18:19 [6:19 PM], Behavior Note:
Note Text: Resident was wandering around on and off the unit. Also found in one of other resident bathroom using the toilet, alarm going off. Resident is confused and required constant redirecting. At this time resident is being monitored. Will continue to monitor.
On 04/04/22 at 16:41 [4:16 PM], Note Text:
Observed this resident wandering, found pt [Patient ], in another room using someone bathroom. Toileting [his/herself]. Redirection given. Shower given . No apparent distress noted. will monitor .
A review of Resident #62's most recent quarterly Minimum Data Set (MDS) with an Assessment Reference Date (ARD) of 03/02/22, indicated some moderate cognitive deficit. Resident #62 scored 10/15 on the Brief Interview for Mental Status (BIMS) which indicated a moderately impaired cognition.
A review of Resident #62's comprehensive care plan initiated 11/24/21 with no revision date, documented there was no care plan of individualized interventions for the wandering behavior. There was no documentation regarding assessments and the facility's rationale for not proceeding with care planning for the documented wandering behavior.
A review of Resident #62's admission MDS with an ARD of 11/30/21, Section V. CAA (Care Area Assessment) Summary, documented cognition loss/dementia, mood and behavior, psychotropic meds (medications) were triggered in the CAA and the interdisciplinary team (IDT) indicated a care plan for those areas was developed.
On 04/26/22 at 9:13 AM, during an interview with the surveyor, the LPN/UM regarding indicated that she was not aware of any behaviors for Resident #62 exhibited.
On 05/03/22 at 9:56 AM, the surveyor interviewed the Certified Nursing Assistant (CNA) who cared for Resident #62. The CNA confirmed the resident wandered. The CNA added that Resident #62 wandered at times but was easily redirected.
On 05/03/22 at 1:03 PM, the Director of Nursing (DON) and the Licensed Nursing Home Administrator (LNHA) was made aware of the above concerns. The DON stated that she was not aware of any wandering behavior. The surveyor referred to the nursing entries in the resident's medical record, and the DON stated that a care plan should have been in place to address the wandering behavior.
On 05/04/22 at 10:32 AM, the DON provided a care plan for the wandering behavior developed on 05/03/22, after surveyor inquiry, with directives for the direct care staff to follow.
The facility policy entitled, Care Planning updated 10/21 provided by the LNHA on 05/03/22 at 11:37 AM, included but was not limited to the policy statement, Our facility's Care Planning/ Interdisciplinary Team is responsible for the development of an individualized comprehensive care plan for each resident. The policy was not being followed.
NJAC:8:39-11.2 (2)
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 review of facility documentation, it was determined that the facility failed to: 1.) immediately conduct...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview, and review of facility documentation, it was determined that the facility failed to: 1.) immediately conduct contact tracing to identify residents and staff who had close contact with a COVID-19 positive staff member, 2.) conduct contact tracing to identify residents and staff who had close contact with a symptomatic COVID-19 positive resident, 3.) ensure an unvaccinated symptomatic Certified Nurses Aide (CNA) #1 notified a supervisor of symptoms prior to her shift on 04/08/22, when she proceeded to deliver direct care for nine of 27 residents on the Dementia unit, and assisted with care for other residents, 4.) ensure that unvaccinated staff, CNA #1 was tested prior to the start of their shift per facility policy, and 5.) follow the Centers for Disease Control and Prevention (CDC), Federal, State, and County guidance to prevent exposure and mitigate the spread of COVID-19, a deadly virus.
This deficient practice was identified on 2 of 3 resident units (Dementia and Subacute) and was evidenced by the following:
Reference F 886L
1.) On 04/20/22 at 9:24 AM, the Licensed Nursing Home Administrator (LNHA) and the Director of Nursing (DON) had informed the survey team that the facility was currently experiencing an outbreak of COVID-19. The survey team was informed there were six positive COVID-19 cases, four cases on the Dementia unit and two cases on the Subacute unit.
On 04/20/22 at 3:00 PM, the DON provided the survey team with the facility line listing which included nine names. The first name listed was a staff CNA #1, assigned to the Dementia unit. The line listing indicated CNA #1 had a TMAX (temperature) of 101.0 degrees Fahrenheit, symptoms that included congestion and fatigue, the symptom onset was 04/08/22, and the COVID-19 antigen (a rapid COVID-19 test) was collected on 04/08/22, with a Positive result. The line listing further revealed five residents who resided on the Dementia unit, and two residents who resided on the Subacute unit as all having tested COVID-19 positive. The line listing revealed the following:
One staff member on the Dementia unit tested 04/08/22, with positive results.
Resident #56, on the Dementia unit tested 04/10/22, with positive results.
Resident #16, on the Dementia unit tested 04/12/22, with positive results.
Resident, unsampled, on the Dementia unit tested 04/17/22, with positive results.
Resident #78, on the Dementia unit tested 04/18/22, with positive results.
Resident, #27, on the Dementia unit tested 04/18/22, with positive results.
Resident #260 on the Subacute unit tested 04/18/22, with positive results.
Resident, unsampled, on the Subacute unit tested 04/19/22, with positive results.
On 04/21/22 at 9:30 AM, the DON provided the surveyor with nine contact tracing documents associated with the facility outbreak. A review of the contact tracing documents revealed there were no staff members identified and listed as exposed to an already identified COVID-19 + (positive) employee or resident. There was a blank contact tracing document provided for Resident #56 who resided on the Dementia unit who had tested positive on 04/10/22, per the facility line listing. The contact tracing document indicated the Date of Exposure was 04/11/22, per the facility, with a notation that Resident Sits by [him/herself] in a Private Room with no staff or residents listed as being exposed.
2.) On 04/21/22 at 11:52 AM, the surveyors interviewed the DON who stated that Resident #56 had been symptomatic, that he/she had no contacts, that he/she was in a private room, and the facility did not conduct contact tracing.
On 04/26/22 at 2:16 PM, the surveyors interviewed the DON who stated that Resident #56 required staff assistance. The DON stated that [NAME] who had provided care for Resident #56 was tested for COVID-19.
The surveyor observed Resident #56 in the common areas on the following date/times:
On 04/21/22 at 12:46 PM, the surveyor observed Resident #56 unmasked and was singing in the Dementia unit activity area with other residents while in close proximity, less than 6 feet.
On 04/25/22 at 9:51 AM, the surveyor observed Resident #56 unmasked and singing in the Dementia unit activity area with other residents in close proximity, less than 6 feet.
On 04/27/22 at 8:37 AM, the surveyor observed Resident #56 in a chair on the Dementia unit by the nurse's station. Resident #56 was not wearing a mask and was within 6 feet of an activity aide who was feeding another resident.
On 04/28/22 at 8:29 AM, the surveyor observed Resident #56 on the Dementia unit by the nurse's station, without a mask and was within 6 feet of two other residents.
On 04/29/22 at 7:46 AM, the surveyor observed an activity aide transporting Resident #56 via wheelchair into a common area on the Dementia unit. Resident #56 had been seated within 6 feet of two other residents.
In total, the facility provided nine contact tracing documents that included two staff and seven residents. The contact tracing documents provided by the facility revealed that the facility failed to completely document the staff and residents who may have been identified as a close contact, and as exposed to a COVID-19 positive staff and resident.
On 04/25/22 at 1:53 PM, the surveyor interviewed the DON regarding what the process would be to identify close contacts, including residents and staff, for COVID-19 exposure. The DON stated that the process to identify residents exposed to a positive staff member would be to review the staff assignment for residents the staff had provided care for. The DON further stated that the process to identify staff exposed to a positive resident would be to review the resident's staff assigned to provide care. The DON further stated that the facility would also rely on the screening process upon entry to help monitor staff, and that the unvaccinated staff would be tested for COVID-19 twice weekly.
3.) On 04/26/22 at 9:31 AM, during an interview with two surveyors, CNA #1 who had tested positive for COVID-19 on 04/08/22, stated she had felt ill about 5:00 AM on 04/08/22. CNA #1 stated she was not sure what her temperature read because she did not take her temperature, but she knew she had a fever because she was warm. CNA #1 stated she took Tylenol prior to coming to work and that she had told the receptionist at the front desk that she didn't feel well. CNA #1 further stated that 04/08/22 was her day to be administered the COVID-19 test, and that she was tested about 3:00 PM after the end of her shift. CNA #1 stated she had not been vaccinated for COVID-19.
On 04/26/22 at 9:37 AM, during an interview with two surveyors, the Registered Nurse Unit Manager (RN UM) on the Dementia unit stated she had not worked on 04/08/22. The RN UM stated if a staff member did not feel well, they must report it to the front desk, be swabbed (administered a rapid COVID-19 test) and have their temperature taken again. The RN UM further stated if an employee felt sick or the employee knew they weren't OK, the employee should tell us (facility). The RN UM stated if an employee tested positive for COVID-19, she inform the DON and Assistant Director of Nursing (ADON). The RN UM also stated if an employee took Tylenol prior to their shift, the employee probably would not register as having a temperature upon screening.
On 04/26/22 at 9:53 AM, during an interview with two surveyors, the front desk Receptionist was asked about to explain the screening process. The Receptionist stated she had worked on 04/08/22. She stated she was educated on the process regarding if a staff member went to check in on the electronic kiosk used for screening, and then mentioned they were sick prior to the start of their shift, she would not let the staff member pass the lobby and she would immediately contact the supervisor. The receptionist further stated that no staff had reported to her they felt sick on 04/08/22.
On 04/26/22 at 10:35 AM, during an interview with the survey team, CNA #1 stated she had been a CNA since 2007 and had worked part time at the facility for 11 years. CNA #1 stated she had been educated on the signs and symptoms of COVID-19 such as a fever, no taste, and no smell. CNA #1 further stated she was educated and knew to inform the supervisor before entering the facility if she had any symptoms. CNA #1 stated that on 04/08/22, she woke up, did not feel well, took Tylenol, went back to sleep, and felt fine. She stated she then reported to work. CNA #1 stated her duties included resident care, assisting (other staff) with two person (resident) transfers, and that she would assist residents with eating. CNA #1 further stated that 04/08/22 was her regularly scheduled day to be COVID-19 tested, and that the ADON RN Infection Preventionist (ADON RN IP) was the one who tested her at the end of her shift. CNA #1 stated she informed the ADON RN IP that she was not feeling well that morning and felt ok now. CNA #1 stated nobody inquired to her regarding any questions about her day on 04/08/22, or who she had contact with during her shift at any time, after she had tested positive for COVID-19.
On 04/26/22 at 12:55 PM, during an interview with the surveyors, the ADON RN IP and DON were asked about contact tracing. The DON replied that a review would be completed to find out who any identified close contacts would be, and that would be completed as a team with the unit managers. The DON stated then interviews would be completed with the staff and the residents. The DON continued to state that if the COVID-19 positive person was a staff member, that they would find out when the staff member had worked last, ask for their assignment, and also inquire if they helped on another assignment. She stated that information would determine who would be need to be tested for COVID-19 and on contact tracing. The DON added that the facility would use the CDC algorithm related to COVID-19 exposure.
On 04/26/22 at 1:47 PM, during a follow up interview with the surveyors, the DON and ADON RN IP presented their copy of QSO-20-38-NH revised 03/10/22 to review. The DON stated the facility referred to and used that directive, and that it was important to identify close contacts quickly and to test for COVID-19 immediately. The DON stated she was aware CNA #1 was sick on 04/08/22 but could not explain why the identified close contacts were not tested until 04/11/22 (three days later), and not on 04/08/22. The DON stated she did not identify, or test staff because she was not aware if CNA #1 had been with any staff for 15 minutes. The DON stated she interviewed the RN UM and other aides on the floor (Dementia unit) and that she did not document the conversations with staff. The ADON RN IP stated that when she administered the COVID-19 rapid test to CNA #1 at the end of her shift, CNA #1 informed her at that time that she wasn't feeling well earlier in the day. The ADON RN IP next stated she informed the DON of CNA #1's positive COVID-19 result, and informed CNA #1 not to return back to work. The DON stated that on Monday 04/11/22, CNA #1's assignment was reviewed as a team, all staff and family were alerted of a positive COVID-19 test result on 04/08/22, and residents were routinely monitored for signs and symptoms of COVID-19 as normal on each shift. The DON stated that she could not answer if testing should have been done immediately because she had utilized a different directive to complete testing at 24 hours. The DON could not speak to why testing was not completed at 24 hours either.
4.) On 04/27/22 at 9:14 AM, the surveyor interviewed the ADON RN IP, in the presence of the survey team, regarding the facility testing prior to the outbreak of 04/08/22. The ADON RN IP stated the facility was testing un-vaccinated employees twice weekly and the employees would be swabbed prior to the start of their shift using a rapid test. The ADON RN IP stated that if she was not there to do the swabbing, then another nurse would test the unvaccinated employees prior to their shift. The ADON RN IP stated the importance of testing prior to the shift was because the employee may not have been symptomatic, may have COVID-19, and it would prevent the spread of the virus. The ADON RN IP stated that if a staff member tested positive prior to their shift, she would send the employee home. The ADON RN IP stated the unvaccinated employees knew that they needed to contact the supervisor to be tested prior to the start of their shift. The surveyor inquired as to how the 04/08/22 outbreak started, and the ADON RN IP stated it started with the unvaccinated employee who tested COVID-19 positive. The ADON RN IP further stated that CNA #1 was running late on 04/08/22, that CNA #1 wanted to start her assignment and that was the reason she (CNA #1) was not tested prior to the start of her shift. The surveyor inquired as to what should have been done after CNA #1 tested COVID-19 positive. The ADON RN IP stated that when an employee tested positive for COVID-19, we should start testing the residents that he/she had close contact with. She further stated I notified the DON that CNA #1 tested positive for COVID-19. The ADON RN IP stated testing should be completed immediately and was regardless of the vaccination status of the residents. The ADON RN IP stated the exposed employees were not tested immediately.
On 04/27/22 at 9:57 AM, the surveyors interviewed the ADON RN IP who stated that when an employee was due for testing, they were supposed to report before the shift started and that the employees knew to do that. The ADON RN IP stated CNA #1 had been running late that day (04/08/22) so CNA #1 came in and started working. The ADON RN IP further stated there was no documented disciplinary action with CNA #1. CNA #1 left at the end of her shift that day after.
On 04/29/22 at 10:23 AM, during an interview with the surveyors, the DON and ADON RN IP informed the survey team they had completed recent contact tracing. The DON stated when someone tested COVID-19 positive, the facility would look back 48 hours prior to identify residents and staff on the unit who may have had a close contact exposure. The DON acknowledged that no doctors or therapist were listed on the original contact tracing documents, and stated they should have been. The DON stated contact tracing should begin immediately, and completed within 24 hours. The DON further stated the supervisors would be responsible to begin the contact tracing, when either she or the ADON RN IP were not at the facility. The DON stated the supervisors were educated, however, she was not sure to what extent of the process they were aware of.
On 04/29/22 at 10:34 AM, the DON further stated a date completed or started was not required on the contact tracing documents because (I) just know I (DON) did the contact tracing. The DON also revealed that since the facility had been following a prior regulation that referred to source control, staff including doctors and therapists were not included in the contact tracing.
On 04/29/22 at 10:41 AM, during an interview with the surveyors, the DON stated the facility was on day 28 of an outbreak from January 2022 and she was unaware that the outbreak of 04/08/22 should be considered a new outbreak. The DON acknowledged she had been in contact with the local health department for guidance, and had been instructed to reference the new directive. The DON stated that since she had already started the contact tracing the prior way, she decided to keep following the prior directive.
5.) On 04/26/22 at 1:26 PM, the DON and IP provided the surveyor with the Executive Directive No. 21-012, dated November 24, 2021, The New Jersey Department of Health (NJDOH) Guidance for COVID-19 Diagnosed and/or Exposed Healthcare Personnel, dated February 17, 2022, and Considerations for Cohorting COVID-19 Patients in Post-Acute Care Facilities, dated February 25, 2022. At that time, the surveyor inquired to the DON regarding using the QSO-20-38-NH guidance from CMS, that was referenced in the DOH email. The DON stated the facility used what they had and she stated she was not sure of the CMS QSO-20-38-NH, Revised 03/10/22.
On 04/28/22 at 12:34 PM, the surveyor conducted a telephone interview with the Public Health Epidemiologist for the county the facility resided in. The surveyor inquired to the Epidemiologist regarding what the facility guidance should the facility followed for contact tracing and testing regarding the 04/08/22 outbreak. The surveyor referenced the email between the epidemiologist and the facility dated 04/14/22. The epidemiologist stated that the QSO 20-38-NH guidance was what was referenced in the email and that should have been followed by the facility. The epidemiologist stated the facility should have identified using a broad based or close contact method, and the facility was responsible to complete COVID-19 testing immediately. The email also provided references for updates and resources with the link to CDC Releases Emergency Guidance for Healthcare Facilities to Prepare for Potential Omicron (a variant of COVID-19) surge.
Reference: Centers for Medicare & Medicaid Services (CMS), QSO-20-38-NH, Revised 03/10/22, Interim Final Rule (IFC), CMS-3401-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency related to Long-Term Care (LTC) Facility Testing Requirements.
A review of the facility provided, Policy and Procedure COVID-19 Pandemic Case Investigation and Contact Tracing, updated 3/2022, included but was not limited to: Objective - case investigation and contact tracing, by local and state health department, is a key strategy for preventing further spread of COVID-19. 3. Contact tracing Procedures - those who were exposed such as staff and residents who are in close contact 48 hours prior will be identified as close contacts and will be monitored closely. Contact tracing is generally recommended for anyone (e.g. HCP, patient, visitor) who had prolonged close contact with the COVID-19 case.
A review of the facility provided, Policy for Emergent Infectious Disease (COVID-19) updated 03/01/22, included but was not limited to: Assumption - the local, state, and federal health authorities will be the source of the latest information and most up to date guidance on prevention, case definition, surveillance, treatment, and skilled nursing center response related to a specific disease threat. This document contains recommendations .Modifications should be made based upon the regulatory requirements. Testing of Residents 1. If testing capacity allows, facility-wide testing of all residents should be considered in facilities with suspected or confirmed cases of COVID-19. 3. If testing capacity is not sufficient for facility-wide testing, perform testing on units with symptomatic residents should be prioritized. Testing of nursing home HCP (staff) - 1. If testing capacity allows, all HCP should be considered in facilities with suspected or confirmed cases of COVID-19. Early experience suggests that, despite HCP symptom screening, when COVID-19 cases are identified in a nursing home, there are often HCP with asymptomatic SARS-CoV-2 infection present as well. Testing related to (+) COVID-19 exposure and/or symptoms associated with SARS-CoV-2 1. Contact tracing approach - identifies all resident close contacts and staff high-risk exposures. All individuals with close contact and/or high-risk exposure should be tested. If testing reveals additional cases, contact tracing will continue to be performed. Testing of Residents and Staff as follows: 4. Routing testing: all staff testing must be completed prior to entering the facility and units to decrease exposure to the residents and staff.
A review of the Centers for Medicare and Medicaid Services (CMS) directive QSO-20-38-NH, dated revised 03/10/22, included but was not limited to the definition of Close contact refers to someone who has been within 6 feet of a COVID-19 positive person for a cumulative total of 15 minutes or more over a 24-hour period. Guidance - To enhance efforts to keep COVID-19 from entering and spreading through nursing homes, facilities are required to test residents and staff based on parameters and a frequency set forth by the HHS Secretary. The testing summary included that for newly identified COVID-19 positive staff or resident in a facility that can identify close contacts, the facility should, regardless of vaccination status, test all staff that had a higher-risk exposure with a COVID-19 positive individual and test all residents who had a close contact with a COVID-19 positive individual. Testing during an outbreak revealed -that upon identification of a single new case of COVID-19 infection in any staff or residents, testing should begin immediately. Facilities have the option to perform outbreak testing through two approaches, contact tracing or broad-based (e.g. facility-wide) testing. Documentation of testing - that upon identification of a new COVID-19 case in the facility, document the date the case was identified, the date that other residents and staff are tested, the dates that staff and residents who tested negative are retested, and the results of all tests.
A review of the Policies and Practices- Infection Control Revised/Reviewed: 1/2019 revealed: Policy Statement: This facility's infection control policies and practices are intended to facilitate maintaining a safe, sanitary and comfortable environment and to help prevent and mange transmission of diseases and infections; 2. The objectives of our infection control policies and practices are to: a. Prevent, detect, investigate, and control infection in the facility, b. Maintain a safe, sanitary, and comfortable environment for personnel, residents, visitors, and the general public, 3. The Quality Assurance and Performance Improvement Committee, through the Infection Control Committee, shall oversee implementation of infection control policies and practices, and help department heads and managers ensure that they are implemented and followed .
A review of the Infection Prevention and Control Program Reviewed 3/2021 revealed: Policy Statement: 1. The infection prevention and control program is a facility-wide effort involving all disciplines and individuals and is an integral part of the quality assurance and performance improvement program, 2. The elements of the infection prevention and control program consist of coordination/oversight, policies/procedures, surveillance, data analysis, antibiotic stewardship, outbreak management, prevention of infection, and employee health and safety, 1. Coordination and Oversight, a. the infection prevention and control program is coordinated and overseen by and infection prevention specialist (infection preventionist), 3. Surveillance, a. Surveillance tools are used for recognizing the occurrence of infections, recording their number and frequency, detecting outbreaks and epidemics, monitoring employee infections, and detecting unusual pathogens with infection control implications, 6. Outbreak Management, a. Outbreak Management, Outbreak management is a process that consists of: 1. determining the presence of an outbreak; 2. determining the presence of an outbreak, 3. preventing the spread to other residents, 4. documenting information about the outbreak, 5. reporting the information to appropriate public health authorities, 6. educating the staff and the public, 7. monitoring for recurrences, 8. reviewing the care after the outbreak has subsided; and recommending new or revised policies to handle similar events in the future, 9. Monitoring Employee Health and Safety, a. The facility has established policies and procedures regarding infection control among employees, contractors, vendors, visitors, and volunteers, including: 1. situations when these individuals should report their infections or avoid the facility (for example, the draining skin wounds, active respiratory infections with considerable coughing and sneezing, or frequent diarrhea stools) .
A review of the undated Job Description: Infection Control Preventionist revealed: Broad Function: The infection preventionist is responsible for the facility infection prevention and control program (IPCP), which is designed to provide a safe, sanitary, and comfortable environment and to help prevent the development and transmission of communicable diseases and infections. CMS definition: Infection preventionist: term used for the person (s) designated by the facility to be responsible for the infection prevention and control program .Management of Nursing Department: Oversight of the IPCP, which included, at a minimum, the following elements, A system from preventing, identifying, reporting, investigating, and controlling infections and communicable diseases for all residents, staff, volunteers, visitors, and other individuals providing services under a contractual arrangements based upon the facility assessment .and following accepted national standards, Establish a facility-wide system for the prevention, identification, investigation, and control of infections of residents, staff, and visitors, including surveillance designed to identify possible communicable diseases or infections before they spres, Conduct outbreak investigations, Maintain current knowledge of federal, state, and local regulations and ensure that the facility leaders are informed of appropriate issues, understand and comply with infection, control .
A review of the Certified Nursing Assistant job description revealed the following: Job Summary, The purpose of this position is to assist the nurses in the providing of resident care primarily in the area of the daily living routine.; C. Carry out assignments for resident care including (but not limited to): a. Bathing, b. Dressing, c. Grooming, d. Shaving, e. Feeding, f. Restorative nursing procedures, g. retraining; M. Be responsible for well-being and nursing care of all residents assigned to his/her unit while on duty; Z. Follow established fire, disaster, safety, infection control, and evacuation policies and procedures .
NJAC 8:39-19.2(a); 19.4(a); 19.4(d)(f)(g)