CRITICAL
(K)
Immediate Jeopardy (IJ) - the most serious Medicare violation
Free from Abuse/Neglect
(Tag F0600)
Someone could have died · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Complaint #: NJ 174085
Refer to F 610
Based on observation, interviews, record review, and review of pertinent documentation, it...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Complaint #: NJ 174085
Refer to F 610
Based on observation, interviews, record review, and review of pertinent documentation, it was determined that the facility failed to protect a cognitively impaired resident from physical abuse and ensure all other residents were protected from potential abuse. This deficient practice occurred for 1 of 2 residents reviewed for abuse (Resident #51).
A review of an abuse investigation revealed on 5/23/24 at 9:45 PM, on the Dementia Unit, a Licensed Practical Nurse (LPN #1) was informed by a Certified Nurse Aide (CNA #1) that a cognitively impaired resident (Resident #51) had a 7 centimeter (cm) left forearm skin tear that required several steri-strips (wound bandage) from the resident (Resident #51) scratching themself and had a 3 cm by 4 cm right posterior hand discoloration. Observation of video footage from the time of the incident revealed that on 5/23/24, CNA #1 was observed forcibly restraining Resident #51 in their wheelchair to prevent the resident from standing and blocked the resident's wheelchair from moving with a chair and the CNA's body. The video footage identified a second resident, Resident #36, witnessed the incident and self-propelled themself away from the situation. Interview on 3/24/25, with the Licensed Nursing Home Administrator (LNHA) and Director of Nursing (DON) revealed that the incident was not initially investigated as abuse until the former LNHA reviewed the video footage two days later (5/25/24) and identified that CNA #1 abused Resident #51. The administration confirmed that CNA #1 finished working their shift on 5/23/24, and had access to all the residents on the locked unit. Resident #36 was not assessed after the incident to rule out psychosocial harm.
The facility's failure to ensure all residents were free from abuse by not investigating the injuries of unknown origin or assessing Resident #36 who was present at the incident, posed a likelihood of serious harm including psychosocial to Resident #36 and Resident #51. The facility's failure to immediately remove CNA #1 from resident care to protect all fourteen residents who resided on the Dementia Unit posed the further risk of abuse for all residents with likelihood of serious harm, injury, impairment, or death. This resulted in an Immediate Jeopardy (IJ) situation.
The IJ situation began on 5/23/24 at 9:33 PM, when CNA #1 was observed holding Resident #51 down. The facility's Administration were notified of the IJ on 3/25/25 at 2:54 PM. An acceptable Removal Plan (RP) was received on 3/27/25 at 2:22 PM. The RP was verified on-site by the survey team on 3/28/25 at 9:20 AM, during the continuation of the survey.
The evidence was as follows:
A review of the facility's policy in effect the date of the incident, Abuse and Neglect, dated 5/4/23, included Policy: the [facility] will not permit residents to be subjected to any form of abuse/neglect .Abuse definition is the willful infliction of injury .intimidation, .mental anguish. Injuries of unknown source - classified .when both of the following conditions are met a.) source of the injury was not observed or the source could not be explained by the resident. AND b.) the injury is suspicious because of the extent, location, .Identification/Investigation/Protection: 1. The [facility] will identify all types of events including .bruising of residents .that may constitute abuse. 2 .appropriate action will be taken to safeguard the resident from harm while the incident is fully investigated. Actions to include .team member placed on fact finding leave pending investigation. Social Worker referral. Psychology consultation as appropriate. Response: all reported occurrences will be fully investigated .to determine what actions are necessary and what changes are needed to policies and procedures to prevent further occurrences. Abuse Training: to ensure proper training of new and existing team members on abuse/neglect prevention, identification and protection of residents. 6. Characteristics of the resident population at risk for abuse .cognitively impaired, psychological medical problems, communication disorders, those who require extensive nursing care. 7. Training on identifying suspicious bruising .
A review of the facility's policy Incident Reporting-Injuries of Unknown Origin/Source dated revised 5/16/16, included Procedure: B. all injuries of unknown origin/source shall be investigated by the nurse on duty and/or Supervisor .E. the nurse will ask the resident how the injury occurred and document their answer. F. the nurse shall obtain statements from everyone on the shift .also from team members for 24 hours prior to the discovery of the injury. G. The nurse shall contact the Supervisor and notify them.
On 3/23/25 at 2:30 PM, the surveyor reviewed the Facility Reportable Event (FRE) submitted to the New Jersey Department of Health (NJDOH) by the former Licensed Nursing Home Administrator (LNHA) on 5/25/24, for Date/Time of Event: 5/23/24 at 9:35 PM. The location of the incident was the memory care Bistro and the type of incident was staff-to-resident abuse. The Description of the Event included: CNA #1 stated she asked Resident #51 to remain seated and she observed [Resident #51] scratch their own arm causing a skin tear. As this is unusual behavior for the resident we requested camera footage of the Bistro for that time period. The video was obtained today (5/25/24) and viewed by the LNHA (former). The video showed [CNA #1] physically restraining [Resident #51] from behind with her hands pushing down on [Resident #51's] shoulders causing [Resident #51] to become increasing[[NAME]] agitated. [Resident #51] was attempting to get free from [CNA #1] and struggling against [CNA #1]. [CNA #1] grabbed [Resident #51's] arm and hand. This is likely the cause of the skin tear and bruising. [Resident #51] showed [CNA #1] the left arm skin tear and [CNA #1] stopped holding [Resident #51's] arm and pushed the resident out of the bistro to the nurse. Others notified: [name redacted] Police Department after video review.
A review of the Incident Investigation submitted with the FRE included: Staff to Resident Abuse Date: 5/23/24, and signed by the former LNHA and Director of Nursing (DON) on 5/29/24. A statement summary from LPN #1 revealed .[CNA #1] told her that she asked [Resident #51] to remain seated and then observed [Resident #51] scratch their own arm causing a skin tear. Investigational Findings: .[Resident #51] can communicate needs but had significant cognitive impairment and had poor safety awareness. At approximately 9:40 PM on 5/23/24, [CNA #1] reported to LPN #1 that [Resident #51's] arm was bleeding and stated that she observed [Resident #51] scratch their own arm. Upon review of the camera footage in the Bistro, the resident attempted to rise from their wheelchair and [CNA #1] grabbed [Resident #51's] arm above the left elbow and hand, and appeared to be talking to resident to sit down (no audio). A few minutes later, the resident again tried to stand. CNA #1 had the resident sit down and moved [Resident #51's] wheelchair using her body and chair as a restraint. As the resident attempted to stand, [CNA #1] pushed down on [Resident #51's] shoulders. That caused increased agitation to [Resident #51]. [Resident #51] struggled to free themselves and swung their arms and hands around their body attempting to hit [CNA #1]. [Resident #51] picked up plastic cups from the table and attempted to throw them behind them at [CNA #1]. [CNA #1] continued to hold [Resident #51] down. During the struggle between the resident and [CNA #1], the skin tear to the arm occurred. During that time, [CNA #1] did not make any attempts to distract the resident by ambulating or engaging in activities.
A review of the Incident Investigation Conclusion revealed that It has been determined after gathering statements and watching footage of the incident that [CNA #1] . used unnecessary restraint on [Resident #51] which resulted in a skin tear and bruising .
The surveyor reviewed Resident #51's medical record.
A review of the admission Record face sheet (an admission summary) revealed the resident was admitted to the facility with diagnoses which included but were not limited to; dementia, anxiety, depression, and the need for assistance with personal care.
A review of the quarterly Minimum Data Set (MDS), an assessment tool dated 5/15/24, revealed Resident #51 had a Brief Interview for Mental Status (BIMS) score of 03 out of 15, indicating that the resident had severe cognitive impairment.
A review of the Individual Comprehensive Care Plan (ICCP) included a focus area initiated on 11/16/22, that the resident was at risk for skin tear and discolorations with an intervention dated 8/22/23, to apply protective arm sleeves or long sleeves. An additional focus area initiated on 11/20/23, for personalized care, included an intervention that the resident preferred a 9:00 PM bedtime. The ICCP also included a focus area revised on 2/20/23, for impaired cognitive function/dementia with an intervention dated 12/14/23, that if the resident becomes agitated at a team member, have another team member try to de-escalate the situation.
A review of a skin evaluation dated 5/20/24, indicated Resident #51 had no skin issues. A second skin evaluation dated 5/24/24, indicated the resident had discoloration of the right hand and a skin tear of their forearm.
On 3/23/25 at 1:54 PM, the LNHA provided two surveyors access to the video surveillance of the abuse incident that occurred on 5/23/24. The surveyors observed the following occurred on 5/23/24:
At 9:33 PM, the footage showed the back of Resident #51 in their wheelchair (w/c) seated at a table in the Bistro. The resident was wearing a long sleeve shirt. To the right of the resident, Resident #36 was observed seated in their w/c at the same table next to Resident #51. CNA #1 was observed to the left of Resident #51 with her right hand on the left shoulder of Resident #51 who was trying to stand up. CNA #1 was holding the resident down and preventing the resident from standing up.
At 9:34.16 PM, CNA #1 stood and walked behind Resident #51. CNA #1 pushed Resident #51's w/c into and underneath the table and locked the left wheel of the w/c. Then CNA #1 moved her chair to be positioned directly behind Resident #51 and CNA #1 had both of her hands on the resident's back. CNA #1 appeared to be speaking in Resident #51's ear. Resident #36 was observed at that time backing away from the table slightly.
At 9:35.19 PM, Resident #36 was moving their w/c back and forth and started to slowly move back distancing themselves from the table.
At 9:36.07 PM, Resident #51 attempted to stand up twice and each time was forcibly pushed back down into the w/c by CNA #1. CNA #1 was positioned behind the resident and was holding the resident down in the w/c.
At 9:36.13 PM, Resident #51 was observed trying to push CNA #1 away by moving left to right with no success. CNA #1 again forcibly pushed Resident #51 towards the back of the w/c. The resident attempted to stand up again, and then CNA #1 pushed the resident down into the w/c. CNA #1 then placed Resident #51 in a hold by placing their left hand close to the resident's neck and their right hand in a hook motion by the right side of the resident's neck.
At 9:36.22 PM, CNA #1 was observed with both of her hands pushing down on Resident #51's shoulders preventing Resident #51's movements.
At 9:36.56 PM, CNA #1 was still positioned behind Resident #51 and observed to be pushing the resident down again with both hands pressed against Resident #51's shoulders.
At 9:37.25 PM, CNA #1 was observed with her hands still holding the resident down by their shoulders. The resident began to struggle by moving left to right and attempted to get away from CNA #1 and threw a cup. Resident #51 next swung towards the right to break free but was unsuccessful. CNA #1 continues to forcibly restrain the resident. Resident #36 self-propels back and leaves the room. CNA #1 again holds Resident #51 down by the back and shoulders as the resident attempts to break away.
At 9:37.37 PM, Resident #51 attempts to stand and CNA #1 was observed placing both hands on the resident's shoulders and pushing the resident back into their w/c.
At 9:38.08 PM, CNA #1 stands, unlocked the w/c and pushed the w/c with the resident into the hall.
At 9:39.31 PM, LPN #1 was observed in the hallway and wheeling Resident #51 down the hall.
The video revealed that CNA #1 forcibly pushed and restrained Resident #51 eight times in the five minutes of video footage. Resident #36 who was observed in the video witnessing CNA #1 forcibly push and restrain Resident #51 was not identified in the facility's investigation or assessed by the facility for potential psychosocial abuse after observing the abuse by [CNA #1] against [Resident #51] on 5/23/24.
The surveyor reviewed Resident #36's medical record.
A review of the quarterly MDS dated [DATE], revealed that Resident #36 had a BIMS score of 03 out of 15, which indicated that the resident had severe cognitive impairment.
A review of the admission Record face sheet revealed Resident #36 had diagnoses which included but were not limited to; dementia and aphasia (a disorder that affects communication).
A review of the ICCP included a focus area dated 4/18/24, that the resident had potential to be a victim of abuse with interventions including to provide emotional support if feeling uneasy or nervous. An additional focus area dated 1/24/24, for dementia with an intervention to monitor for signs of acute confusion. The ICCP also included a focus area dated 1/24/24, for impaired ability to be understood or express ideas with an intervention to explain all procedures and speak slowly and clearly.
A review of the Progress Notes (PN) revealed a Late Entry dated 5/24/24, that Resident #36 was seen for a follow up Depression/anxiety and did not include the incident observed on 5/23/24.
The surveyor reviewed the PNs through 6/19/24, and there was no documented evidence that referenced Resident #36 witnessing the incident of abuse on 5/23/24.
On 3/24/25 at 12:15 PM, the LNHA and the DON were interviewed by two surveyors. The LNHA stated he was the Assistant DON at the time of the incident and confirmed that he and the DON were both working at the facility when the incident occurred. The DON stated the skin tear had to be investigated to figure out what happened so the video was reviewed, and they found CNA #1 was inappropriate. When asked about signs of potential abuse, the DON stated there could be injuries, skin tears, bruising, broken bones, and emotional distress. The DON stated that LPN #1 was still working at the facility. When asked what was determined regarding Resident #51's bruise, the DON stated, I do not remember. When asked what the expectation would be, the DON stated, We would try to figure out what caused the bruise. When asked the procedure upon discovery of a bruise of unknown origin, the DON stated it should be reported to the Nursing Supervisor. The DON further stated that CNA #1 reported that the resident had a scratch. The DON stated that a CNA who identified an injury, should notify the nurse and the nurse investigates. There would be an incident report completed. The DON stated CNA #1 reported the resident scratched themselves so we (the facility) would not question her. When asked about the bruise, the DON stated they would look at the type of bruise such as a hand print. The LNHA stated that when they viewed the video, they observed that the incident was abuse and not what CNA #1 had reported. When asked about the investigation process and if an LPN would be responsible to make the determination of abuse for the bruise of unknown origin, the DON stated the LPN would report to the Nursing Supervisor, but that there would not be a statement from the Nursing Supervisor unless there was additional information to add. The DON added that the Nursing Supervisor would have to assess the bruise at that time but would not necessarily document the assessment. The DON stated she would look for any additional information.
On 3/24/25 at 2:16 PM, during an interview with the LNHA in the presence of the survey team, the surveyor asked the LNHA if any other residents were assessed to rule out abuse since CNA #1 proceeded to work two hours after the bruises of unknown origin were identified on Resident #51. The LNHA stated, we were looking at the event and, did not check any other residents on the neighborhood. The LNHA stated they assumed that it was an isolated incident. When asked if Resident #36 was assessed, the LNHA stated, I do not know. There was no change [regarding Resident #36] reported in their behavior.
On 3/25/25 at 1:05 PM, during a telephone interview in the presence of the survey team, LPN #1 was asked about the incident. LPN #1 stated, I do not even recall the bruise, but I remember the skin tear clearly. LPN #1 stated she asked CNA #1 what happened, and she thought it was a mishap like an accident. LPN #1 stated that she did not know about Resident #51 but that residents get agitated all the time and that it would be for a reason and that if CNA #1 could not redirect the resident, she should have called for help. LPN #1 acknowledged that no supervisor came to assess Resident #51. LPN #1 stated she was later informed of the abuse, but she was not provided any education after the incident. When asked what constituted abuse, LPN #1 stated forcibly handled resident, neglect, deprived of anything, and isolation. When asked about being barricaded between a table and a staff member, LPN #1 stated, oh certainly that would be abuse if they [residents] are held in any way. LPN #1 stated she asked Resident #51 what happened but that the resident was unable to say.
On 3/27/25 at 9:55 AM, the DON acknowledged that an LPN could not do an assessment and that there was no documentation that the Registered Nurse Supervisor came to assess Resident #51 or Resident #36.
On 3/27/25 at 2:01 PM, the LNHA and DON were in the conference room with the survey team. They confirmed that Resident #36 was only coincidentally seen on 5/24/24, but not specifically to address witnessing the abuse of Resident #51.
A review of the facility provided transcript revealed that LPN #1 had completed an Annual Abuse review on 3/21/24.
A review of the facility provided Team Member Handbook Acknowledgment signed and dated 3/14/22, by CNA #1, included but was not limited to; Abuse Policy .will not permit residents to be subjected to abuse by any person. Physical abuse included the infliction of injury including but not limited to pulling, twisting, restraints, controlling behavior through the use of forcibly handling a resident.
A review of the facility provided education and performance records revealed the following: CNA #1 had completed Annual Abuse review on 3/12/24; Restraints and Alternatives training on 4/24/24; Resident Rights and Abuse training on 4/30/24; and Restraint-Free Environment training on 3/13/24. The Performance Evaluation dated 2/4/24, noted that CNA #1 was noted as Improvement Needed with comments that included: does not do well with change and continues to do things as she always has.
An acceptable Removal Plan (RP) was received on 3/27/25 at 2:22 PM, which indicated the action the facility took to prevent serious harm from occurring or recurring. The facility implemented a corrective action plan to remediate the deficient practice including; on 3/27/25 Resident #51 and Resident #36 was assessed by the psychiatry Nurse Practitioner (NP) to confirm no physical or emotion injury related to the 5/23/24 incident, all nurse managers and supervisors would be required to respond to all reported incidents and accidents, and the Abuse Policy was amended to include any staff involved with an injury of unknown origin to a resident must be removed immediately from resident contact and all residents that had contact with the alleged perpetrator would be assessed and/or interviewed to ensure no physical or psychosocial harm had occurred.
The survey team verified the implementation of the RP during the continuation of the on-site survey on on 3/28/25 at 9:20 AM.
NJAC 8:39-4.1(a)(5)
CRITICAL
(K)
Immediate Jeopardy (IJ) - the most serious Medicare violation
Investigate Abuse
(Tag F0610)
Someone could have died · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Complaint #: NJ 174085
Refer to F 600
Based on observation, interview, record review, and review of pertinent documentation, it...
Read full inspector narrative →
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Complaint #: NJ 174085
Refer to F 600
Based on observation, interview, record review, and review of pertinent documentation, it was determined that the facility failed to thoroughly investigate injuries of unknown origin to rule out abuse. This deficient practice was identified for 1 of 2 residents reviewed for abuse (Resident #51).
A review of an abuse investigation revealed on 5/23/24 at 9:45 PM, on the Dementia Unit, a Licensed Practical Nurse (LPN #1) was informed by a Certified Nurse Aide (CNA #1) that a cognitively impaired resident (Resident #51) had a 7 centimeter (cm) left forearm skin tear that required several steri-strips (wound bandage) from the resident (Resident #51) scratching themselves and had a 3 cm by 4 cm right posterior hand discoloration. Observation of video footage from the time of the incident revealed that on 5/23/24, CNA #1 was observed forcibly restraining Resident #51 in their wheelchair to prevent the resident from standing and blocked the resident's wheelchair from moving with a chair and the CNA's body. The video footage identified a second resident, Resident #36, witnessed the incident and self-propelled themselves away from the situation. An interview on 3/24/25, with the Licensed Nursing Home Administrator (LNHA) and Director of Nursing (DON) revealed that the incident was not initially investigated as abuse until the former LNHA reviewed the video footage two days later (5/25/24) and identified that CNA #1 abused Resident #51. The administration confirmed that CNA #1 finished working their shift on 5/23/24, and had access to all the residents on the locked unit. Resident #36 was not assessed after the incident to rule out psychosocial harm.
The facility's failure to implement their abuse policy by immediately conducting a thorough investigation to ensure all residents are free from abuse posed a likelihood of serious harm including psychosocial, injury, impairment, or death to all residents. This resulted in an Immediate Jeopardy (IJ) situation.
The IJ situation began on 5/23/24 at 9:33 PM, when CNA #1 was observed holding Resident #51 down. The facility's Administration were notified of the IJ on 3/25/25 at 2:54 PM. An acceptable Removal Plan (RP) was received on 3/27/25 at 2:22 PM. The RP was verified on-site by the survey team on 3/28/25 at 9:20 AM, during the continuation of the survey.
Findings include:
A review of the facility's policy in effect the date of the incident, Abuse and Neglect, dated 5/4/23, included Policy: the [facility] will not permit residents to be subjected to any form of abuse/neglect .Abuse definition is the willful infliction of injury .intimidation, .mental anguish. Injuries of unknown source - classified .when both of the following conditions are met a.) source of the injury was not observed or the source could not be explained by the resident. AND b.) the injury is suspicious because of the extent, location, .Identification/Investigation/Protection: 1. The [facility] will identify all types of events including .bruising of residents .that may constitute abuse. 2 .appropriate action will be taken to safeguard the resident from harm while the incident is fully investigated. Actions to include .team member placed on fact finding leave pending investigation. Social Worker referral. Psychology consultation as appropriate. Response: all reported occurrences will be fully investigated .to determine what actions are necessary and what changes are needed to policies and procedures to prevent further occurrences. Abuse Training: to ensure proper training of new and existing team members on abuse/neglect prevention, identification and protection of residents. 6. Characteristics of the resident population at risk for abuse .cognitively impaired, psychological medical problems, communication disorders, those who require extensive nursing care. 7. Training on identifying suspicious bruising .
A review of the facility policy, Incident Reporting-Injuries of Unknown Origin/Source, revised 5/16/16, included but was not limited to; Procedure: B. all injuries of unknown origin/source shall be investigated by the nurse on duty and/or Supervisor . E. the nurse will ask the resident how the injury occurred and document their answer. F. the nurse shall obtain statements from everyone on the shift . also from team members for 24 hours prior to the discovery of the injury. G. The nurse shall contact the Supervisor and notify them.
On 3/23/25 at 1:54 PM, the LNHA provided a copy of the completed Facility Reportable Event (FRE) reported to the New Jersey Department of Health (NJDOH), Incident Investigation dated 5/23/24, for Resident #51 including all documentation and statements which revealed the following:
A review of the FRE, included Date/Time of Event: 5/23/24 at 9:35 PM. The location of the incident was the memory care Bistro and the type of incident was staff-to-resident abuse. The Description of the Event included: CNA #1 stated she asked Resident #51 to remain seated and she observed [Resident #51] scratch their own arm causing a skin tear. As this is unusual behavior for the resident we requested camera footage of the Bistro for that time period. The video was obtained today (5/25/24) and viewed by the LNHA (former). The video showed [CNA #1] physically restraining [Resident #51] from behind with her hands pushing down on [Resident #51's] shoulders causing [Resident #51] to become increasing[[NAME]] agitated. [Resident #51] was attempting to get free from [CNA #1] and struggling against [CNA #1]. [CNA #1] grabbed [Resident #51's] arm and hand. This is likely the cause of the skin tear and bruising. [Resident #51] showed [CNA #1] the left arm skin tear and [CNA #1] stopped holding [Resident #51's] arm and pushed the resident out of the bistro to the nurse. Others notified: [name redacted] Police Department after video review.
A review of the Incident Investigation submitted with the FRE included: Staff to Resident Abuse Date: 5/23/24, and signed by the former LNHA and Director of Nursing (DON) on 5/29/24. A statement summary from LPN #1 revealed .[CNA #1] told her that she asked [Resident #51] to remain seated and then observed [Resident #51] scratch their own arm causing a skin tear. Investigational Findings: .[Resident #51] can communicate needs but had significant cognitive impairment and had poor safety awareness. At approximately 9:40 PM on 5/23/24, [CNA #1] reported to LPN #1 that [Resident #51's] arm was bleeding and stated that she observed [Resident #51] scratch their own arm. Upon review of the camera footage in the Bistro, the resident attempted to rise from their wheelchair and [CNA #1] grabbed [Resident #51's] arm above the left elbow and hand, and appeared to be talking to resident to sit down (no audio). A few minutes later, the resident again tried to stand. CNA #1 had the resident sit down and moved [Resident #51's] wheelchair using her body and chair as a restraint. As the resident attempted to stand, [CNA #1] pushed down on [Resident #51's] shoulders. That caused increased agitation to [Resident #51]. [Resident #51] struggled to free themselves and swung their arms and hands around their body attempting to hit [CNA #1]. [Resident #51] picked up plastic cups from the table and attempted to throw them behind them at [CNA #1]. [CNA #1] continued to hold [Resident #51] down. During the struggle between the resident and [CNA #1], the skin tear to the arm occurred. During that time, [CNA #1] did not make any attempts to distract the resident by ambulating or engaging in activities.
A review of the Incident Investigation Conclusion revealed that It has been determined after gathering statements and watching footage of the incident that [CNA #1] . used unnecessary restraint on [Resident #51] which resulted in a skin tear and bruising .
A Progress Note dated 7/9/24 at 2:00 PM, written by LPN #1, included: Incident Date: 5/23/24/ 9:45 PM; Individual that discovered incident: CNA #1, Location of skin issue: Left forearm, right posterior hand; Type of skin issue: Skin tear- left forearm discoloration, right posterior hand; Notifications: (Physician, Family/Sponsor, Nursing Supervisor: List contact name and time notified): Info [information] placed in MD's [physician] book.
A review of the admission Record face sheet (an admission summary) revealed the resident was admitted to the facility with diagnoses which included but were not limited to; dementia, anxiety, depression, and the need for assistance with personal care.
A review of the quarterly Minimum Data Set (MDS), an assessment tool dated 5/15/24, revealed Resident #51 had a Brief Interview for Mental Status (BIMS) score of 03 out of 15, indicating that the resident had severe cognitive impairment.
A review of the Individual Comprehensive Care Plan (ICCP) included a focus area initiated on 11/16/22, that the resident was at risk for skin tear and discolorations with an intervention dated 8/22/23, to apply protective arm sleeves or long sleeves. An additional focus area initiated on 11/20/23, for personalized care, included an intervention that the resident preferred a 9:00 PM bedtime. The ICCP also included a focus area revised on 2/20/23, for impaired cognitive function/dementia with an intervention dated 12/14/23, that if the resident becomes agitated at a team member, have another team member try to de-escalate the situation.
A review of a Nursing Progress Note (NPN) dated 5/23/24 at 9:45 PM, by LPN #1, documented a skin integrity note that identified a skin tear to the left forearm measuring 7 cm and discoloration of the right posterior hand measuring 3 cm by 4 cm. The NPN further noted that the resident was unable to state what happened due to memory impairment.
A review of a typed statement signed by LPN #1, dated 5/23/24, documented that CNA #1 reported that while she was observing the resident in the Bistro for safety, Resident #51 was observed to be anxious and rising from the wheelchair (w/c). CNA #1 reported the resident had to go get the boys and observed Resident #51 had scratched [their] own arm causing a skin tear. (There was no documentation that CNA #1 had reported a bruise on the resident's hand or the possible causal factor of the bruise to the right hand.)
A statement on an Accident/Incident Statement/Interview Form dated 5/23/24, from CNA #1, documented .Resident #51 was sitting at the table with me (and all of a sudden, [Resident #51] stood up and almost tipped their w/c backwards. I jumped up to protect the resident and they yelled at me .had things to do .Then all of a sudden, temper went ballistic and tried throwing things at us, trying to scratch [CNA #1] with their long nails and [the resident] thought had my [CNA #1's] arms but in reality had own arms and digging into own skin on own arms, but scratched themselves. [Resident #51] was out of control. She further documented that she kept yelling for LPN #1 and that she was in the office and when LPN #1 finally did come, I showed her the skin tear on Resident #51's left forearm- [Resident #51] did it to themselves. There was a picture drawn on the page of a figure with two hands together in front and I was behind [Resident #51] trying not to let the wheelchair tip over. The statement section for a Manager/Supervisor signature was left blank and undated.
A review of the facility provided Skin Injury report dated 5/23/24 at 9:45 PM, completed by LPN #1, included but was not limited to; . CNA #1 stated she asked Resident #51 to stay seated and observed the resident scratch their own arm causing a skin tear. When asked how the incident happened, Resident #51 replied fix it. The Witnesses section revealed no witnesses found.
A review of a typed statement signed by the Assistant Director of Nursing (ADON), who was now the LNHA, and dated 5/25/24, documented that when LPN #1 asked Resident #51 what happened, the resident replied, Fix it which contraindicated LPN #1's statement.
A statement on the facility Accident/Incident Statement/Interview Form dated 5/23/24, from CNA #2 on the unit, documented that the resident did not have any skin tears prior to the incident. CNA #2 did not indicate if CNA #1 was yelling out for LPN #1. (There was no statement or assessment provided from the Nursing Supervisor who the facility stated had been made aware.)
At the same time and date (3/23/25 at 1:54 PM) that the LNHA provided the investigation, the LNHA provided two surveyors access to the video surveillance of the abuse incident that occurred on 5/23/24. The surveyors observed the following occurred on 5/23/24:
At 9:33 PM, the footage showed the back of Resident #51 in their wheelchair (w/c) seated at a table in the Bistro. The resident was wearing a long sleeve shirt. To the right of the resident, Resident #36 was observed seated in their w/c at the same table next to Resident #51. CNA #1 was observed to the left of Resident #51 with her right hand on the left shoulder of Resident #51 who was trying to stand up. CNA #1 was holding the resident down and preventing the resident from standing up.
At 9:34.16 PM, CNA #1 stood and walked behind Resident #51. CNA #1 pushed Resident #51's w/c into and underneath the table and locked the left wheel of the w/c. Then CNA #1 moved her chair to be positioned directly behind Resident #51 and CNA #1 had both of her hands on the resident's back. CNA #1 appeared to be speaking in Resident #51's ear. Resident #36 was observed at that time backing away from the table slightly.
At 9:35.19 PM, Resident #36 was moving their w/c back and forth and started to slowly move back distancing themselves from the table.
At 9:36.07 PM, Resident #51 attempted to stand up twice and each time was forcibly pushed back down into the w/c by CNA #1. CNA #1 was positioned behind the resident and was holding the resident down in the w/c.
At 9:36.13 PM, Resident #51 was observed trying to push CNA #1 away by moving left to right with no success. CNA #1 again forcibly pushed Resident #51 towards the back of the w/c. The resident attempted to stand up again, and then CNA #1 pushed the resident down into the w/c. CNA #1 then placed Resident #51 in a hold by placing their left hand close to the resident's neck and their right hand in a hook motion by the right side of the resident's neck.
At 9:36.22 PM, CNA #1 was observed with both of her hands pushing down on Resident #51's shoulders preventing Resident #51's movements.
At 9:36.56 PM, CNA #1 was still positioned behind Resident #51 and observed to be pushing the resident down again with both hands pressed against Resident #51's shoulders.
At 9:37.25 PM, CNA #1 was observed with her hands still holding the resident down by their shoulders. The resident began to struggle by moving left to right and attempted to get away from CNA #1 and threw a cup. Resident #51 next swung towards the right to break free but was unsuccessful. CNA #1 continues to forcibly restrain the resident. Resident #36 self-propels back and leaves the room. CNA #1 again holds Resident #51 down by the back and shoulders as the resident attempts to break away.
At 9:37.37 PM, Resident #51 attempts to stand and CNA #1 was observed placing both hands on the resident's shoulders and pushing the resident back into their w/c.
At 9:38.08 PM, CNA #1 stands, unlocked the w/c and pushed the w/c with the resident into the hall.
At 9:39.31 PM, LPN #1 was observed in the hallway and wheeling Resident #51 down the hall.
The video revealed that CNA #1 forcibly pushed and restrained Resident #51 eight times in the five minutes of video footage. Resident #36 who was observed in the video witnessing CNA #1 forcibly push and restrain Resident #51 was not identified in the facility's investigation or assessed by the facility for potential psychosocial abuse after observing the abuse by [CNA #1] against [Resident #51] on 5/23/24. CNA #1's statement provided in the investigation did not include Resident #36 was at the table with Resident #51 and herself.
On 3/24/25 at 12:15 PM, the current LNHA and the DON were interviewed by two surveyors. The DON stated the skin tear had to be investigated to figure out what happened so the video was reviewed. The DON stated signs of abuse could be injuries, skin tears, bruising, broken bones, and emotional distress. When asked what was determined regarding Resident #51's bruise, the DON stated, I do not remember. When asked what the expectation would be, the DON stated, We would try to figure out what caused the bruise. When asked the procedure upon discovery of a bruise of unknown origin, the DON stated it should be reported to the Nursing Supervisor (NS). The DON stated the CNA notifies the nurse and the nurse investigates, and there would be an incident report completed. The DON stated that CNA #1 reported that the resident scratched themselves, so we (the facility) would not question CNA #1 any further. When asked about the bruise, the DON stated they would look at the type of bruise such as a hand print. When asked about the investigation process and if an LPN would be responsible to make the determination of abuse for a bruise of unknown origin, the DON stated the LPN would have to report to the NS regarding the bruise and the NS would not document a statement unless they felt they had something to add. It was not consistently required. The DON added that the NS was responsible to assess the bruise at that time, but would not have to document the assessment. The facility could not provide any documentation from the NS. When asked about what should have happened with the investigation process, the DON stated that the nurse should have investigated the injury and completed an incident report. The DON further stated that the nurse and supervisor should have investigated the incident that night and they should have obtained statements from staff.
On 3/24/25 at 2:16 PM, during an interview with two surveyors regarding the incident that occurred on 5/23/24, the LNHA stated, yes this was abuse, and confirmed that the Social Worker (SW) did not visit with any residents after the incident. The LNHA stated, we were looking at the event and did not go further to check other residents. I believe we thought it was isolated to this event. The LNHA confirmed that CNA #1 finished her shift after the abuse occurred on 5/23/24, and stated CNA #1 physically restrained Resident #51. The LNHA stated they were looking at the event and did not check any other residents on the neighborhood and stated we assumed that it [the abuse] was isolated. The LNHA was unable to provide any documentation or confirm that all 14 residents were assessed to ensure they were not physically or psychosocially abused. When asked if Resident #36 was assessed, the LNHA stated, I do not know. There was no change [regarding Resident #36] reported in their behavior.
On 3/24/25 at 2:58 PM, the surveyor interviewed LPN #3, who stated that if there was a resident with an injury of unknown origin, the nurse first saw what care the resident needed, then asked the resident if they were able to explain what happened, and then informed the supervisor. LPN #3 further stated that she documented the description of the injury. LPN #3 stated that if it looked like a scratch, she checked the resident's nails and checked the CNA's nails. LPN #3 stated if the injury was of unknown origin, the supervisors initiated the investigation and looked back about 72 hours to obtain statements.
On 3/24/25 at 2:59 PM, during an interview with LPN #2 regarding the investigation process, she stated that if a CNA reported a bruise or any injury, the protocol was to inform the supervisor and notify the physician and the family. If abuse was suspected the supervisor had to report it.
On 3/24/25 at 3:06 PM, during an interview with a Unit Manager (UM), who stated the process when an injury of unknown origin was identified, it was investigated by speaking to all the staff involved with the resident's care. The UM stated she tried to find out what happened and completed an incident report. The UM stated if abuse was suspected, the DON and LNHA were notified, and the police were notified as well.
On 3/25/25 at 1:05 PM, during a telephone interview in the presence of the survey team, LPN #1 was asked about the incident. LPN #1 stated, I do not even recall the bruise, but I remember the skin tear clearly. LPN #1 stated she asked CNA #1 what happened, and she thought it was a mishap, like an accident. LPN #1 stated if a resident had an injury of unknown origin, she would ask a witness what happened and would document what they had said happened. LPN #1 stated she notified the supervisor after she attended to any injuries. LPN #1 further stated she was not present during the incident and she documented what had been told by CNA #1. LPN #1 stated she had not observed Resident #51 being agitated. LPN #1 stated that if she felt a resident was injured maliciously she would have addressed it immediately. LPN #1 further stated that if there was an injury of unknown origin, there needed to be good documentation, meaning she would ask for statements and inform the supervisor. LPN #1 acknowledged that no supervisor came to the assess Resident #51. LPN #1 stated she asked Resident #51 what happened, and the resident was unable to say what occurred.
On 3/27/25 at 9:55 AM, the DON acknowledged that LPN #1 was not permitted to complete an assessment (outside the scope of practice for an LPN) and that there was no documentation that the Registered Nurse Supervisor investigated and assessed either Resident #51 or Resident #36 after the incident occurred on 5/23/24.
An acceptable Removal Plan (RP) was received on 3/27/25 at 2:22 PM, which indicated the action the facility took to prevent serious harm from occurring or recurring. The facility implemented corrective action plan to remediate the deficient practice including; an amended Abuse Policy to ensure: staff involved with any incident or accident of unknown origin must remove the involved staff member immediately and that person must leave the clinical area, and not have further contact with residents until the investigation was completed, all other residents who are on the alleged perpetrator's assignment or have had contact with the alleged perpetrator must be assessed and/or interviewed to ensure no physical or psychological injuries existed, a Supervisor or Manager must respond to all accidents and incidents in person to determine if the injury origin is unknown, and the Supervisor/Manager MUST call the Administrator for all cases of injuries/accidents of unknown origin. On 3/27/25, Resident #51 and Resident #36 were assessed by the psychiatry Nurse Practitioner (NP) to confirm no physical or emotional injury related to the 5/23/24, incident occurred; all nurse managers and supervisors would be required to respond to all reported incidents and accidents.
The survey team verified the implementation of the RP during the continuation of the on-site survey on on 3/28/25 at 9:20 AM.
NJAC 8:39-4.1(a)(5)
CRITICAL
(K)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Immediate Jeopardy (IJ) - the most serious Medicare violation
Deficiency F0808
(Tag F0808)
Someone could have died · This affected multiple residents
Complaint #: NJ 174543
Repeat Deficiency
Based on observation, interview, record review, and review of pertinent documentation, it was determined that the facility failed to ensure special dietary ins...
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Complaint #: NJ 174543
Repeat Deficiency
Based on observation, interview, record review, and review of pertinent documentation, it was determined that the facility failed to ensure special dietary instructions were implemented for a cognitively impaired resident who was identified as being at risk for choking and aspiration (inhaling food into the lungs) and required nectar thick liquids (liquid thickened with an agent for a nectar-like consistency), did not receive a straw. This deficient practice was identified for 1 of 2 residents review for food (Resident #3), and it was previously cited during a complaint visit.
During a breakfast observation on 3/25/25, the surveyor observed Resident #3 in the Lilac Bistro eating their meal and the resident began to forcibly cough. The surveyor observed Resident #3 had a half-filled plastic cup with a straw inserted through the lid. At that time, the Licensed Practical Nurse (LPN #1) proceeded to the resident and removed the straw from the lid, and LPN #1 then approached the Certified Nurse Aide (CNA #1) to inform her that the resident could not have a straw. An interview 3/25/25, with the Speech Therapist (ST), revealed that Resident #3 had dysphagia (difficulty swallowing) and straws had been discontinued because the resident had bad oral control, so the fluid goes back causing the resident to cough, and the resident could choke.
The facility's failure to ensure that a cognitively impaired resident with a special dietary instruction of no straw did not receive a straw. Resident #3 was provided a straw which posed the likelihood of choking and aspiration which result in serious harm, impairment, or death. This resulted in an Immediate Jeopardy (IJ) situation.
The IJ began on 3/25/25 at 8:30 AM, when Resident #3 was observed forcibly coughing with a straw in their drink. The facility's Administration were notified of the IJ on 3/25/25 at 2:54 PM. The facility submitted an acceptable Removal Plan (RP) on 3/27/25 at 11:31 AM. The survey team verified the implementation of the RP on-site on 3/28/25 at 9:20 AM.
The evidence was as follows:
A review of the facility provided policy Thickened Liquids dated 11/10/24, included but were not limited to; Residents with .altered-liquid consistency will receive thickened liquids at the level ordered .to safely maintain hydration. Purpose: to reduce or prevent the risk of aspiration. 6. Commercial thickened .juice will be provided for meal service and for nursing staff .
A review of the facility provided policy Checking Accuracy of Meal Tickets dated 10/15/24, included but were not limited to; maintains a mechanism to ensure the safe and accurate .distribution of food items .Procedure: 6. Meals are placed on the counter for nursing to check for accuracy and special instructions .
A review of the facility provided policy Meal Service dated 10/15/24, included but were not limited to; Procedures: B.10. A nurse will monitor the dining room during meals. C.3. Trained individuals will review the .diet slip .and serve the .beverages .
On 3/25/25 at 8:30 AM, the surveyor observed Resident #3 in the Lilac Bistro eating their meal who began to forcibly cough. The surveyor observed Resident #3 had a half-filled plastic cup with a straw inserted through the lid. At that time, LPN #1 proceeded to the resident and removed the straw from the lid. LPN #1 then approached CNA #1 and informed her that the resident could not have a straw. The surveyor observed the resident's meal ticket that was located next to the resident, and the ticket indicated Special Instructions: NO STRAWS that was highlighted in orange.
On 3/25/25 at 8:31 AM, the surveyor interviewed LPN #1, who stated that Resident #3 should not have any straws.
On 3/25/25 at 8:32 AM, the surveyor interviewed CNA #1, who provided Resident #3 with the straw. CNA #1 stated she was agency (staff) and the process was that she was supposed to check the meal ticket, but she did not see the ticket. CNA #1 stated, I should have looked, and confirmed that she provided the straw to Resident #3.
On 3/25/25 at 8:35 AM, the surveyor interviewed the Registered Nurse/Unit Manager (RN/UM #1), who stated that the nurses and CNAs should check all meal tickets, and stated Resident #3 could have choked on fluids.
On 3/25/25 at 9:11 AM, the surveyor interviewed the ST, who stated that Resident #3 had a dysphagia (difficulty swallowing) evaluation, and straws had been discontinued. The ST stated the resident had bad oral control, so the fluid goes back causing the resident to cough, and the resident could choke.
On 3/25/25 at 9:30 AM, the surveyor interviewed the Licensed Nursing Home Administrator (LNHA), who stated the facility used agency staff, and the Staffing Coordinator educated agency staff on the facility's policies. The LNHA stated, I would have expected that [the special instructions for not having straws] to have been caught prior to the resident receiving the straw. The LNHA confirmed that per the prior Plan of Correction, the agency staff should have been educated.
On 3/25/25 at 9:44 AM, the surveyor reviewed the electronic medical record for Resident #3.
A review of the admission Record face sheet (an admission summary), reflected that Resident #3 had diagnoses which included but were not limited to; dysphagia (difficulty swallowing).
A review of the most recent comprehensive Minimum Data Set (MDS), an assessment tool dated 3/2/25, reflected a Brief Interview for Mental Status (BIMS) score of 06 out of 15, which indicated the resident had a moderately impaired cognition. A review of Section GG for self-care, reflected that Resident #3 was coded as 04, which indicated the resident needed supervision or touching assistance while eating. The MDS further documented that the resident received a mechanically altered diet for both food and liquids.
A review of the Order Summary Report reflected the following orders: a diet order dated 2/21/25, for mechanical soft ground texture and nectar thick liquids; acknowledge that appropriately ordered diet was provided and an order dated 2/23/25, for Speech Therapy Screen evaluate and/or treat consultation related to diet, chewing food, and spitting out.
A review of the individual comprehensive care plan (ICCP) included a focus area dated 4/28/23, and revised 2/28/25, that the resident was at nutritional risk and had a mechanically altered diet. The goal was for the resident to remain comfortable. One intervention included was to provide diet as ordered, regular, mechanical soft with nectar thickened liquids.
A review of the Speech Therapy Evaluation and Plan of Care note dated 2/21/25, included but was not limited to; dysphagia. The reason for referral was that the resident reported fear of swallowing. Medical factors included aspiration precautions.
A review of the Nutrition Significant Change Assessment note dated 2/28/25, included but was not limited to; diet: regular, mechanically soft (downgraded .on 2/21) with nectar thick liquids. No straws.
A review of the undated facility Handbook provided to agency staff included but were not limited to; Explanation of Diets . Dysphagia and why it is important: affects the muscle used for chewing and swallowing which become weak or uncoordinated. As a result, food and drink can go into the lungs instead of the stomach .can cause serious chest infections. Understanding and implementing the diet types are essential .to improve a resident's quality of life and address specific health challenges they may face. When a patient is not given the diet they are ordered one of three things may happen: 1) they may choke . 2) they may spend excess time chewing and may stop eating because they are tired resulting in weight loss, 3) they could aspirate leading to pneumonia or death .
The acceptable Removal Plan on 3/27/25 at 11:31 AM, indicated the action the facility will take to prevent serious harm from occurring or reoccurring. The facility implemented a corrective action plan to remediate the deficient practice which included; on 3/25/25 at 8:30 AM, LPN #1 immediately removed the straw from Resident #3's cup and explained to CNA #1 the resident's special dietary instructions, the nurse auscultated (listened to) the lung fields for Resident #3 and their lungs were clear; on 3/25/25 at 8:17 PM, the Medical Director assessed the resident, Resident #3 was ordered a chest x-ray to rule out aspiration and vitals were ordered every shift for three days to monitor for signs and symptoms of aspiration, all nursing and dining staff were educated on the facility's policy for checking the meal ticket against what was being served to our residents with emphasis placed on the need to look at any printed special instructions.
The survey team verified the implementation on-site during the continuation of the survey on 3/28/25.
NJAC 8:39-17.4(a)1; 27.1(a)
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Accident Prevention
(Tag F0689)
Could have caused harm · This affected multiple residents
Based on observation, interview, review of medical records and other facility documentation, it was determined that the facility failed to identify the causal factor and implement appropriate interven...
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Based on observation, interview, review of medical records and other facility documentation, it was determined that the facility failed to identify the causal factor and implement appropriate interventions to prevent recurrence and consistently follow fall prevention interventions documented on the Care Plan. This deficient practice was identified for 1 of 2 residents (Resident # 76) reviewed for falls and accidents and was evidenced by the following:
On 3/24/25 at 9:49 AM, the surveyor observed Resident #76 in bed, the head of the bed was elevated. A fall mat was observed on the left side of the bed and the call light and blanket were observed on the floor. The resident could not answer the surveyors questions.
On 3/25/25 at 11:30 AM, the surveyor reviewed the admission Record which reflected that Resident #76 was admitted to the facility with diagnoses which included but were not limited to; Personal history of traumatic brain injury, other fracture of left lower leg, subsequent encounter for closed fracture with routine healing, mood disturbance, and unspecified abnormality of gait and mobility.
On 03/27/25 at 9:48 AM, the surveyor again observed the call light, the phone was not within reach of the resident and alerted the staff. Resident was observed on the bed without socks.
The Quarterly Minimal Data Set (MDS) an assessment tool dated 2/17/25, reflected that Resident #76 had a BIMS (Brief Interview for Mental Status) score of 03 out of 15 indicative of severe cognitive impairment and had communication deficits due to the diagnoses of progressive aphasia. The MDS also reflected that Resident #76 required total assistance of one person assist for bed mobility and transfer.
A review of the comprehensive care plan revealed that Resident #76 sustained multiple falls at the facility. The care plan also reflected that Resident #76 was to have mats on both sides of the bed, phone on the bedside table, and personal items within reach.
On 3/25/25 at 9:30 AM, the surveyor requested all investigations for Resident #76.
On 3/26/25 the facility provided the following investigations which revealed the following falls:
1. On 1/16/24 at 10:24 AM, fell in the room. Upon inquiry, Resident #76 informed staff that they were going to the bathroom. Intervention: Ask resident if they need to use the bathroom at the end of the shift.
2. On 1/26/24 at 4:50 PM, Resident #76 slid out of the bed to the floor. Intervention: none were documented as implemented.
3. On 3/16/24 timed 9:49 PM, Resident #76 was found on the floor by the door in their room calling for help. Observed with visible trauma to the face, abrasions seen from forehead down the chin. Resident was transferred to the Emergency Department for evaluation. The intervention was to turn the television off at night as the resident stated they attempted to get out of bed to turn off the television.
4. On 3/18/24 at 3:00 AM, observed on the floor with back against the bed. Intervention: was to ask the resident to call for assistance.
5. On 5/14/24 at 6:55 PM, fell in the room while attempted to transfer self from the chair to the bed. Intervention: Ask the resident to call for assistance with transfers.
6. On 5/17/24 at 12:00 PM, Resident fell from the bed to the floor while attempted to reach for personal items on the floor. Intervention: Do not leave the resident in wheelchair unsupervised. The resident fell from the bed not while sitting in the chair.
7. On 5/17/24 at 11:35 PM, Resident #76 was found on the floor in the room. The intervention was to have the floor mat at bedside while resident was in bed.
8. On 6/6/24 at 8:20 PM, Resident #76 found on the floor in the hallway yelling for help. Resident stated they fell of the bed and crawled on the floor. Interventions: Make rounds more often to ensure safety.
9. On 6/15/24 at 12:41 PM, Call light on, resident stated that they had to go to the bathroom. The resident had the light on at 9:00 and per the Certified Nurses Aide (CNA) was assisted to the bathroom at 9:00 AM. At 12:41 PM, resident was assisted to the bathroom and had a bowel movement. Interventions: Hourly rounds for incontinence care.
10. On 7/4/24 at 7:45 PM. The note reflected that Resident #76 informed the staff that they were trying to reach the phone and slipped down. The intervention was to have all personal items within reach. Place the phone on the bedside table. [The phone was not observed within reach on 3/27/25 at 9:47 AM].
11. On 8/10/24 at 11:50 AM, found on the floor in the room. Resident reported that they were trying to go to the bathroom, slide out of the bed, rang the bell but nobody came. Interventions: Assist with transfer as per physical therapy recommendations.
12. On 8/19/24 at 9:50 AM, Resident #76 call light was on, CNA found the resident on the floor mat. Sustained abrasions to left big toe and right pinky toe. Intervention: Assist resident in listening to audio books during room visits.
13. On 8/20/24 at 1:33 PM, CNA found Resident #76 on the floor on their knees beside their bed in the room. Intervention: Assist resident with ambulation and transfers utilizing therapy recommendations. Determine resident's ability to transfer.
14. On 8/20/24 at 12:40 AM, Resident #76 was found on the floor in the bathroom. There was no intervention for the fall. Staff could not determine who assisted the resident to the bathroom or how long Resident #76 was on the floor.
15. On 10/9/24 at 1:30 PM, Resident #76 slid from the chair while being assisted by a family member. Intervention: Monitor and provide assistance with transfers if needed.
16. On 10/18/24 at 10:25 PM, Resident #76 fell while being transferred by the CNA to the toilet. Intervention: Use wheelchair when taking to the bathroom.
17. On 10/21/24 at 6:14 PM, Resident #76 fell while being assisted in the shower by the CNA. Intervention: Anticipate spontaneous transfer. Have all necessary items within reach. Give resident simple and direct instructions before and during transfers.
18. On 10/30/24 at 12:32 PM, Resident #76 was found on the floor in front of the bed. Intervention: Remind resident to call for assistance.
19. On 11/2/24 at 7:01 PM, Resident #76 found on the floor in front of the bathroom door. Interventions: Have the resident wears hipsters to prevent injury.
20. On 11/22/24 at 1:33 PM, resident found on the floor mat covered with feces, no gripper socks on. Resident stated they fell of the bed. Intervention: Use proper assisted device wheelchair/walker as needed. The incident report did not indicate when the resident was last toileted.
21. On 1/1/25 at 8:50 PM, the Resident Representative (RR) assisted Resident #76 to the bathroom, the resident fell while being transferred from the toilet. Intervention: Educate RR to ask for assistance with transfer as part of the routine.
22. On 2/9/25 at 2:25 PM, during rounds the resident was noted on the floor on the side of the bed. Interventions: Fall mat on both sides of the bed.
23. On 2/23/25 timed 11:05 PM, Resident #76 was found between the bed and the radiator in the room. Intervention: Move bed to another wall away from the radiator.
24. On 2/16/25 at 9:17 PM, RR called and informed the staff that the resident slide out of bed. The RR informed staff that the resident wanted to go to the bathroom. Intervention: Frequent checks when family is visiting.
25. On 3/18/25 at 3:00 AM, observed the resident sitting on the floor with their back against the bed. Observed with a reddish color abrasion on the left ankle measuring 1 centimeter (cm) x 1 cm. The resident stated that they fell. Intervention: Bedside table within reach.
On 3/27/24 at 9:48 AM, the surveyor observed Resident #76 in bed, the call light was underneath the bed. The phone was on the dresser and was not within reach.
On 3/28/25 at 10:47 AM, the surveyor visited the resident, and observed the call light underneath the bed and the phone on the dresser. The phone was to be on the bedside table for easy reach. The surveyor accompanied the nurse to the room where we both observed the call light underneath the bed and the phone not within reach. The nurse told the surveyor that he was an agency staff and did not know much about the resident's routine.
On 3/27/29 at 1:15 PM, the surveyor interviewed the Unit Manager (UM) regarding the falls. The UM stated that Resident #76 refused to get out of the bed and would not get dressed unless they had an appointment. The UM added that staff were to check on the resident frequently while in bed.
On 3/27/25 at 1:35 PM, the surveyor discussed the falls with the Director of Nursing (DON) and asked for a timeline of the falls.
On 03/28/25 at 10:47 AM, the surveyor observed Resident #76 in bed. The call light was observed underneath the bed, the phone was on the dresser and not on the bedside table, out of the resident's reach.
On 03/28/25 at 9:41 AM, the survey team met with the Licensed Nursing Home Administrator (LNHA) and the DON. The surveyor informed the DON and LNHA of the observations regarding Resident #76 multiple falls, observations of socks not worn and pattern of falls related to toileting and a timeline of the falls was requested.
On 3/28/25 at 11:15 AM the DON stated that interventions were added on the care plan after each fall. A review of the timeline provided failed to indicate that the causal factor was identified after each fall and specific interventions were added to prevent recurrence.
On 3/28/25 at 11:30 AM, the surveyor reviewed the facility policy titled, Incident Reporting revised 1/6/25. The policy indicated that All accidents and incidents shall be investigated by the nurse on duty and/or Neighborhood Manager/Supervisor and documented in Risk Management (on the electronic medical record system). If the incident involves a resident fall, the fall investigation Worksheet should also be completed. Interventions based on the assessment of causal factors will be documented on the resident's care plan.
NJAC 8:39-27.1 (a)
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0712
(Tag F0712)
Could have caused harm · This affected multiple residents
Based on observation, interview, and record review, it was determined that the facility failed to ensure that the physician responsible for supervising the care of residents conducted face to face vis...
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Based on observation, interview, and record review, it was determined that the facility failed to ensure that the physician responsible for supervising the care of residents conducted face to face visits, and documented progress notes at least every 60 days. This deficient practice was identified for 3 of 3 residents (Resident #8 and #22, #76) reviewed for physician care and was evidenced by the following:
1. On 3/22/25 at 10:30 AM, the surveyor observed Resident #8 in bed, the resident requested to speak with the surveyor. The resident informed the surveyor that they had not seen their assigned physician for nine months. The resident stated that the Nurse Practitioner (NP) visited monthly for 5 minutes, and then charged for a 30 minute visit.
The surveyor reviewed Resident #8's medical records. Resident #8 was admitted to the facility with diagnoses which included, but were not limited to; adrenal insufficiency, glaucoma, and acromegaly (abnormal increased growth of bones and tissues).
A review of the Physician Progress Notes revealed that from January 2024 to October 2024, the Nurse Practitioner documented that she had seen Resident #8 and written the Progress Notes. 1/15/24, 2/7/24,3/1/24,3/21/24, 4/2/24, 5/3/24. Review of the medical record revealed that the physician wrote a progress notes on 7/24/24. There was no documentation that Resident #8's primary physician had conducted alternating face to face visits with the resident while working in collaboration with the Nurse Practitioner's visits.
2. Resident #22 was had diagnoses which included but were not limited to; acute kidney failure, heart failure, and Extended Spectrum Beta Lactamase (ESBL) Resistance, a carrier or suspected carrier of Clostridium difficile (C. Diff - a bacterium infection) and Cellulitis of right lower limb.
A review of the Physician Progress Notes from January 2024 to November 2024, reflected that the Nurse Practitioner documented that she had seen Resident #22 almost weekly and written the following Progress Notes. A physician note was written 11/8/24 1/28/25, 3/7/25. There was no documentation that Resident #22's primary physician had conducted alternating face to face visits with the resident while working in collaboration with the Nurse Practitioner visits.
3. Resident #76 was admitted to the facility with diagnosis which included, but were not limited to Dementia, left ankle fracture and frequent falls. Resident #76 had delayed speech and could not communicate clearly with the surveyor.
A review of the Physician Progress Notes from November 2023 to March 2025, reflected that the Nurse Practitioner documented that she had seen Resident #76 almost weekly and documented Progress Notes. The physician
completed the history and physical on 11/17/23 and there was no documented physician progress notes in the clinical record regarding that the physician alternating the visits with the Nurse Practitioner.
On 3/28/25 at 11:18 AM, the Licensed Nursing Home Administrator (LNHA) provided the facility policy titled, Medical Service Physician Visits last revised 10/30/2024. The following were documented: A physician or advanced practice nurse shall visit each resident at least every 30 days. Following the initial visit, alternate 30-day visits may be delegated by physician to a Nurse Practitioner who possesses current licensure from the New Jersey State Board of Nursing in accordance with Home policy. Sick visits will be scheduled as needed.
On 3/28/25 at 11:45 AM, the surveyor informed the Administrator and Director of Nursing regarding physician visits for Resident #8, #22 and #76. There was no additional information provided by the facility.
NJAC 8:39-27.1
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Infection Control
(Tag F0880)
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, it was determined that the facility failed to a) ensure the infection control...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview and record review, it was determined that the facility failed to a) ensure the infection control practices for residents on transmission-based precautions (TBP) were implemented in accordance with accepted national standards, and b) ensure the facility's infection control for TBP policy reflected evidence-based standards of infection control practices. This deficient practice was identified for 3 of 3 residents reviewed on TBP (Resident #22, #8 and Resident #37 and was evidenced by the following:
1. On 3/21/25 at 10:14 AM, the surveyor observed a plastic bin with drawers outside the room for Resident #22. The drawers had personal protective equipment (PPE) including gowns and gloves. A sign affixed to the resident's door indicated the following: Contact Precaution and specified the proper Personal Protective Equipment to wear prior to entering the room.
On 3/24/25 at 9:05 AM, the surveyor observed a Certified Nurses Aide (CNA) in the room assisted Resident #22 with care. The CNA was not wearing a PPE gown. The CNA assisted Resident #22 with transfer and changed the bed linens. The CNA washed her hands and exited the room.
On 3/24/25 at 9:10 AM, the surveyor interviewed the CNA who stated that she should have used the proper PPE when providing care. The CNA added that the PPE was to be used when physical care, changing and cleaning was being performed.
On 3/24/25 at 9:15 AM, the surveyor observed the Licensed Practical Nurse (LPN) caring for Resident #22's PICC line (Peripherally inserted central catheter- a thin, flexible tube inserted into a vein in the upper arm and threaded into a larger vein near the heart). The LPN entered the room with the medication and the intravenous tubing, placed them on the bedside table, donned (put on) gloves, hung the medication on the pole, primed the line and removed her soiled gloves. At 9:19 AM, the LPN donned a pair of clean gloves, used an alcohol pad, disinfected the hub of the tubing and removed her gloves. At 9:21 AM, the LPN donned gloves removed the cap from the PICC line and connected the intravenous solution to the PICC line. With the same gloved hands, the nurse adjusted the intravenous tubing to the infusion pump, primed the line and ran the Vancomycin drip (Antibiotic used to treat C-difficile). At 9:30 AM, the LPN donned gloves, adjusted the Foley catheter and placed the Foley catheter in a privacy bag. At 9:33 AM, the LPN failed to wash hands and then used Alcohol Based Hand Rub prior to exiting the room.
On 3/26/25 at 11:55 AM, the surveyor interviewed the LPN regarding the observed procedure. The LPN confirmed that she should wash her hands after removing her gloves because it was the protocol. The LPN stated, I did not do it yesterday. When asked what was the recommended hand hygiene for residents on contact precaution for C-diff, she stated, soap and water.
On 3/26/25 at 12:45 PM, the surveyor discussed the above observation with the Infection Preventionist (IP). The IP confirmed that staff had received in-service education regarding PICC line and Contact Precautions. The IP stated confirmed that during care for Resident #22 staff should wear the proper PPE and wash their hands after removing their gloves.
The IP confirmed that Resident #22 had an infection called Clostridium difficile Colitis (C. difficile, inflammation of the colon caused by the Clostridium difficile). Resident #22 was also on isolation for ESBL (Extended -Spectrum Beta- Lactamase) infection. Resident #22 had also a Foley Catheter and the PPE was only necessary when physical contact rendering care was being performed.
A review of Resident #22's Face Sheet (admission summary) indicated Resident #22 was admitted to the facility on [DATE] and readmitted [DATE] with diagnoses which included acute kidney failure, heart failure, and Extended Spectrum Beta Lactamase (ESBL) Resistance, a carrier or suspected carrier of Cdiff, and Cellulitis of right lower limb.
A review of the resident's electronic physician's order dated 3/5/25 indicated the antibiotic Vancomycin was ordered to treat the right lower leg cellulitis
A review of the resident's electronic Care Plan initiated 3/05/25, indicated Resident #22 was on Enhanced Barrier precautions (EBP) while PICC line was in place. The interventions included for staff to maintain standards precautions. Hand washing before and after each intervention.
2. On 3/24/25 at 10:46 AM, the surveyor observed the same LPN cleansing the G-Tube (gastrostomy tube that provides direct access to the stomach for feeding, hydration and medication) site for Resident # 44. The LPN failed to set a clean field for the procedure. The LPN donned gloves, removed the soiled dressing and placed it on the bedside table. The then LPN donned gloves, cleansed the G-tube site and placed the soiled dressing directly on top of the bedside table. The LPN did not change her soiled gloves after removing the soiled dressing. The LPN disinfected the table prior to exiting the room, and used ABHR to disinfect her hands.
On 3/26/25 at 12:45 PM, the concern was discussed wit the IP. The IP confirmed that the nurse should have had a clean field and should not have placed the soiled dressing on the resident over bed table.
On 3/28/25 at 11:27 AM, the survey team met with the Administrator and Director of Nursing (DON). The DON stated that the concerns were brought to her attention and the staff was reeducated.
A review of the facility policy for Enhanced Barriers Precautions, dated 4/1/24 revealed the following:
Enhanced Barriers precautions are used as an infection control prevention and control interventions to reduce the spread of multi-drug resistant organisms (MDROs) to residents.
EBP employ targeted gown and gloves use during high contact resident care activity when contact precautions do not otherwise apply.
Example of high contact resident care including: dressing, changing linens, device care or use (central line, urinary catheter )
EPB are indicated for residents infected or colonized with ESBL, Vancomycin-resistant Enterococci.
Section D of the policy under Types of Precautions to be used if isolation required: indicated the following under Hand Hygiene When hands are visibly dirty, contaminated or soiled, hands are to be washed with soap and water.
If caring for a resident with C. difficile, or Norovirus, do not use alcohol based hand-rubs; instead wash hands with soap and water.
The policy further indicated that hands are to be washed before resident contact, before putting on gloves or other PPE. Before initiating residents treatments.
3. On 3/21/25 at 9:29 AM, during the initial tour, the surveyor observed two signs on Resident #37's door. The signs were as follow: Contact precautions (a set of infection control practices used to prevent the transmission of infectious agents that are spread by direct or indirect contact with the patient or the patient's environment) and sequence for putting on Personal Protective Equipment (PPE; clothing and equipment that is worn or used in order to provide protection against hazardous substances or environments). The surveyor observed that the Contact precautions sign indicated Everyone must: Clean their hands, including before entering and when leaving the room. Providers and staff must also: Put on gloves before room entry. Put on gown before room entry. The surveyor observed a PPE bin with gowns and gloves at the doorway. The surveyor observed a female CNA who transported a breakfast tray to Resident #37's room and was wearing a N95 mask before entering into Resident #37's room. The CNA was not observed wearing a PPE gown and gloves as the sign on the resident's door indicated that was to be worn before entering into the room. The surveyor observed the CNA exit the resident's room and the CNA did not perform hand hygiene upon exiting the room. The CNA walked to the Bistro area (a casual dining space where they offer meals and snacks) and retrieved food for the resident in a cup and walked back into Resident #37's room. The CNA was not observed performing hand hygiene, when donning the gown and gloves prior to entering the room. The CNA then assisted the resident to cut their food.
At 9:34 AM, upon exiting Resident #37's room, the surveyor conducted an interview with the CNA. The CNA informed the surveyor that she was an agency CNA and it was her third time working at the facility. The CNA informed the surveyor that the resident was on isolation for infection in their urine. The CNA further stated she knew if the resident was on contact precautions, she had to put on gown, gloves and mask before entering the resident's room. The CNA stated that she just brought breakfast for the resident, so she did not have to put on gown and gloves because she was not providing care to the resident.
On 3/21/25 at 9:42 AM, during an interview with the surveyor, the Licensed Practical Nurse/Unit Manager (LPN/UM) stated the resident had a Urinary tract infection (UTI) and was on contact precautions for CRE (superbugs: a type of germ that is resistant to most antibiotics. This makes CRE infections very difficult to treat), VRE (enterococcus [bacteria] that has developed resistance to vancomycin [type of antibiotics]) and ESBL (a type of enzyme or chemical produced by some bacteria and make some antibiotics ineffective in treating bacterial infections.) in urine. The LPN/UM stated the staff had to wear a gown, gloves and masks anytime when they entered the resident's room. The surveyor informed the above-mentioned observations for Resident #37 to the LPN/UM. The LPN/UM acknowledged that the CNA should have put on PPE before entering the resident's room for infection control.
On 3/21/25 at 9:49 AM, the surveyor observed the Nurse Practitioner (NP) going into Resident #37's room. The NP was not observed wearing a gown and gloves before entering the room. The NP performed hand hygiene after exiting the room.
At 9:53 AM, during an interview with the surveyor, the NP stated she was seeing the resident for the first time. The NP acknowledged that she did not see the Contact Precaution signage on the door. The NP pointed towards the PPE bin at the doorway and further stated, this been an indication to put PPE, but I guess I went in the room too fast.
At 10:08 AM, they surveyor informed the LPN/UM about the above-mentioned observations. The LPN/UM stated the staff should be donning the gown and gloves when going into Resident #37's room. The LPN/UM further stated that PPE rule applied to everyone going into the room.
At 10:15 AM, the survey team met with the Licensed Nursing Home Administrator (LNHA) and the Director of Nursing (DON). The surveyor notified of the above-mentioned concerns. The DON stated, it was a concern and further stated the CNA and the NP were pulled-off of the floor and were sent for education. The DON acknowledged that the staff did not follow facility policy by not donning PPE before entering into the contact precaution room.
At 1:07 PM, during an interview, the Infection Preventionist (IP) stated the staff should have put PPE on before entering into resident's room because of resident's history of infections.
On 3/25/25 at 10:08 AM, the surveyor reviewed the medical records for Resident #37 which revealed the following:
The admission Record (AR, admission summary) reflected that the resident was admitted to the facility, had diagnoses which included but were not limited to urinary tract infection (UTI), hypertension (high blood pressure) and malignant neoplasm of bladder (bladder cancer).
The Annual Minimum Data Set (MDS), a resident assessment tool used by the facility to prioritize care, dated 3/24/2025, revealed that Resident #37 scored 13 out of 15 on their Brief Interview for Mental Status (BIMS), which indicated the resident had a moderately impaired cognition.
The March 2025 Physician Order Summary (POS) Report indicated a physician order, dated 3/18/25 for Contact isolation precautions related to CRE, VRE and ESBL in urine every shift.
On 3/28/25 at 9:42 AM, the survey team met with the LNHA and DON to present concerns.
On 3/28/25 at 11:15 AM, the Medical Director (MD) was notified of the above-mentioned concerns via telephone. The MD acknowledged that it was definitely a concern when the NP went into a contact precaution resident's room and was not observed wearing PPE (gown and gloves).
A review of facility provided undated Isolation Procedures, included: D.2.b. Transmission-Based Precautions are to be used in conjunction with Standard Precautions. The 3 basic categories are: a. These precautions are used to stop spread of bacteria via direct contact such as skin to skin contact and indirect contact such as person making contact with contaminated objects such as bed, call bells, etc. b. gloves and gowns are to be worn when making contact with resident's skin or with objects that have been in direct contact with the resident. E.4. CDC's (Center for disease control) recommendations for preventing transmission of ., VRE, ESBLs, consists of Standard Precautions which are used for all resident care as well as Contact Precautions. d. Wear gloves when caring for resident. e. Wear gown during care of resident.
NJAC 8:39-19.4(1,2), 27.1(a)