SERIOUS
(H)
Actual Harm - a resident was hurt due to facility failures
Accident Prevention
(Tag F0689)
A resident was harmed · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** 2. On [DATE] at 9:53 AM, the surveyor observed Resident #89 in the unit day room in a wheelchair feeding themselves during break...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** 2. On [DATE] at 9:53 AM, the surveyor observed Resident #89 in the unit day room in a wheelchair feeding themselves during breakfast.
On [DATE] at 11:30 AM, the DON provided the [DATE] Incident/Accident (I/A) report and stated that there were no other attachments such as statements and summary and conclusion to determine root cause analysis.
The surveyor reviewed the hybrid (combination of paper and electronic) medical records of Resident #89 as follows:
According to the AR, Resident #89 was admitted to the facility with a diagnosis that included but was not limited to dementia (group of thinking and social symptoms that interfere with daily functioning) unspecified severity with behavioral disturbance, Alzheimer's disease unspecified, other seizures (a sudden, uncontrolled burst of electrical activity in the brain), and age-related osteoporosis (a condition in which bones become weak and brittle) without current pathological fracture.
The resident's SCMDS with an ARD of [DATE] documented a BIMS score of 3 which reflected that the resident's cognitive status was severely impaired. Section J Health Conditions showed that the resident had one fall with a major injury.
The personalized CP, initiated on [DATE], revealed a focus that Resident #89 was at risk for falls related to a history of falls, impaired cognition, impaired mobility, and psychoactive drug use. The interventions included but were not limited to: a review of information on past falls and an attempt to determine the cause of falls; Record possible root causes; Alter remove any potential causes if possible; Educate resident/family/caregivers/IDT as to causes.
Further review of the CP for falls included a focus on communication problems r/t Alzheimer's dementia which was created and revised on [DATE].
The Morse Fall Scale dated [DATE] reflected that Resident#89 was at a high risk for falls with a score of 75.
There were no further Morse Fall Scale assessments done after [DATE]. The Morse Fall Scale was to be completed on admission, quarterly, at change of condition, and after a fall.
A review of the resident's fall documentation revealed the following:
1. [DATE] at 02:50 PM. Unwitnessed fall in resident's room with no injury. The investigation showed that cognitively impaired Resident #89 was found lying on the floor in the resident's room by the incoming nurse with no injury. Attached to the I/A report that was prepared by LPN#2 documented that the resident was unable to state what had happened. The interventions added were head-to-toe assessments.
-The IDCP Notes were not completed to identify the root cause analysis.
-The I/A was incomplete. Did not have the name and statements from the incoming nurse.
-The Fall CP included intervention to continue therapy as per plan of care initiated on [DATE].
2. [DATE] at 9:00 AM. Unwitnessed fall in resident's room with no injury. The I/A showed that the cognitively impaired resident was found on the floor by LPN#2 on their left side next to the bed, and the resident could not explain what they were doing. The immediate interventions documented were a head-to-toe assessment, call bell within reach, and the resident was educated to call for help.
-The IDCP Notes dated [DATE] did not identify the root cause analysis.
-The I/A was incomplete. It did not include statements from involved staff.
-The Fall CP was not updated.
A review of the 12 noon, [DATE] Progress Notes (PN) electronically signed by LPN#2 included that the resident was status post fall on [DATE] and the 11-7 shift nurse reported to LPN#2 that Resident #89 complained of pain on the right hip, the physician was made aware and ordered to send to the hospital for further evaluation.
The PN dated [DATE] at 7:30 PM documented by LPN#2 included that the resident returned from the hospital with a diagnosis of pelvic fracture and that the RR was at the bedside.
Further review of the above information, the facility failed to follow the CP interventions to review information on past falls and attempt to determine the cause of falls, record possible root causes and alter/remove any potential causes if possible.
On [DATE] at 10:13 AM, the survey team met with the VPoCS, LNHA, and the DON. The surveyor notified the facility management of the above findings and concerns.
The VPoCS stated that it was best practice to get all the information from involved staff, including their statements. The DON stated that she did not write all the information needed in the [DATE] and [DATE] fall incidents and that I should have gone back and written in detail. The VPoCS stated that they will review all incidents and make sure to complete them accordingly moving forward.
On [DATE] at 10:31 AM, the surveyor interviewed the LNHA regarding I/A. The LNHA was unsure about the facility's policy and procedure with regard to the investigation of incidents.
On [DATE] at 10:15 AM, the VPoRM provided a typewritten Investigation Summary and Conclusion dated [DATE] for the two falls. The VPoRM informed the surveyor in the presence of the survey team that the Investigation Summary and Conclusion was done after the surveyor's inquiry. The VPoRM stated that the facility team decided to meet on [DATE] after the surveyor's inquiry, to re-evaluate the two fall incidents of the residents in order to know the root cause and analysis and identify appropriate interventions to prevent further falls.
At that same time, the VPoRM stated that the facility team acknowledged that Resident #89's intervention to educate the resident to call for help was not an appropriate intervention for a cognitively impaired resident. He further stated that the facility team acknowledged that fall investigations with no statements of involved staff and a conclusion and summary was not initiated for [DATE] I/A.
On [DATE] at 12:02 PM, the survey team met with the LNHA, DON, VPoCS, and VPoRM. The facility management did not provide additional information.
On [DATE] at 11:56 AM, during the facility exit conference of the survey team with the LNHA, DON, VPoCS, VPoRM, Infection Preventionist/Registered Nurse, and Administrator in Training, the facility management did not provide an additional information.
NJAC 8:39-27.1(a); 33.1(d) NJAC 8:39-27.1
Based on observation, interview, record review, and review of other pertinent facility documents, it was determined that the facility failed to: a) ensure adequate supervision was provided to a resident to prevent falls, b) follow the facility accident policy to investigate falls, and c) initiate and implement appropriate care plan interventions to prevent accidents. This deficient practice occurred for two (2) of two (2) residents reviewed (Resident # 89 and #109) for falls with major injury who were identified as being at high risk for falls, sustained multiple falls including falls that required transfer to the emergency room (ER) for evaluation and treatment.
The deficient practice was evidenced by the following:
A review of the facility's Reporting Accidents and Incidents Policy dated [DATE], provided by the [NAME] President of Risk Management (VPoRM), indicated:
#5 The Nursing Supervisor or designee will add the investigation results to the Event and conclude it.
#6 The Nursing Supervisor and designee will add the investigation results into the Event and conclude it. The DON or designee will track incidents and accidents on the facility surveillance log to determine patterns and
trends.
#7 Monthly/Quarterly during the Facility Quality Assurance and Performance Improvement Meeting the results of the Incident and Accident Tracking System will be evaluated.
#8 The facility will provide an environment that is free from accidents hazards over which the facility has control and provides supervision and assistive devices to each resident to prevent avoidable accidents This includes:
a. Identifying hazard (s) and risks (s).
b. Evaluating and analyzing hazard (s) and risk(s).
c. Implementing interventions to reduce hazard(s) and risk (s).
d. Monitoring effectiveness and modifying interventions when necessary.
#10 The facility will ensure each resident receives adequate supervision and assistive devices to prevent accidents.
#15 The facility will conduct an internal risk management and quality assurance program which includes the use of incident reports to be filed with the Director of Nursing (DON) and facility administrator. The DON shall have free access to all resident records of the licensed facility.
A review of the Comprehensive Resident Centered Care Plans Policy with a date of [DATE] that was provided by the VPoRM included that it is the facility's purpose to ensure that each resident is provided with individualized, goal-directed care, which is reasonable, measurable, and based on resident needs. A resident's care should have the appropriate intervention and provide means of interdisciplinary communication to ensure continuity in resident care. Each planned intervention will be specific and include parameters for frequency and time schedule.
1. On [DATE] at 10:04 AM, the surveyor toured the 6th-floor unit and observed Resident #109 seated in a wheelchair (w/c) at the bedside with bruises to the right eyebrow, and a non-adherent dressing to the left upper arm. The surveyor was unable to interview the resident due to cognitive impairment.
On [DATE] at 11:45 AM, [DATE] at 10:43 AM, and [DATE] at 9:44 AM, the surveyor observed Resident #109 sitting in a w/c in their room unsupervised.
On [DATE] at 8:40 AM, the surveyor observed Resident #109 in bed unsupervised.
The surveyor reviewed the medical records of Resident #109 and revealed:
The admission Record (AR) reflected that the resident was admitted to the facility with diagnoses which included but were not limited to; other abnormality of gait and mobility, major depressive disorder, unspecified Dementia without behavioral disturbance, mood disturbance, and anxiety.
The Annual Minimum Data Set (MDS), an assessment tool used to facilitate the management of care with an assessment reference date (ARD) of [DATE] and the Significant Change MDS (SCMDS) dated [DATE] reflected a brief interview for mental status (BIMS) score of 01 out of 15 which reflected that the resident's cognitive status was severely impaired. The MDS also included Section GG Functional Status in which the resident required assistance with ambulation and transfer, used a w/c for locomotion, and had impairment on both upper extremities.
A review of Resident #109's comprehensive Care Plan (CP) provided by the facility on [DATE], revealed: A focus area: Resident #109 is high risk for falls related to history of falls, diagnosis of dementia, impaired gait/balance problems, psychoactive drug use initiated [DATE]. The goal was that Resident #109 would be free of falls through the review date of [DATE].
The Fall CP interventions included but were not limited to:
Initiated [DATE]: Anticipate and meet needs; Assure the resident is wearing appropriate footwear; Be sure the call light is within reach and encourage the resident to use it for assistance as needed; Educate the resident/family/caregivers about safety reminders and what to do if a fall occurs; Follow facility fall protocol; Review information on past falls and attempt to determine the cause of falls. Record possible root causes. Alter remove any potential causes if possible. Educate resident/family/caregiver/IDT (interdisciplinary team) as to causes.
Initiated on [DATE]: Continue PT/OT (Physical Therapy/Occupational Therapy) to address deficits.
Initiated [DATE]: Dycem (chair pad) to the w/c.
Initiated [DATE]: Rehab evaluation as a possible treatment.
Initiated [DATE]: Continue with PT to address deficits.
Initiated on [DATE] and revised on [DATE]: Medication Evaluation.
Initiated on [DATE]: Monitor hourly; Offer toilet hourly while awake.
The ADL (activities of daily living) CP interventions included but were not limited to: Bed mobility, personal hygiene, toilet use, and transfer: the resident required partial/moderate assistance from staff. Initiated and revised on [DATE].
On [DATE] at 12:30 PM, the surveyor requested all investigations, Fall Risk Assessments and a timeline for review from the DON.
The following Incident/Accident (I/A) Reports with additional documentation revealed the following:
1. [DATE] at 5:45 PM. Unwitnessed fall in 6th floor dining area. The resident was unable to describe the incident. The resident complained of left shoulder pain with deformity, was transferred to the hospital for further evaluation, and diagnosed with left shoulder dislocation.
-There were no Interdisciplinary Care Plan (IDCP) Notes regarding the fall.
2. [DATE] at 11:20 PM. Witnessed Fall in the resident's room. The resident fell and hit their head on the bedframe, that resulted in a bleeding laceration to the back of their head. The resident was sent to the hospital and required 4 staples.
-IDCP Notes did not identify the root cause analysis.
-Fall CP was not updated to reflect any new intervention.
3. [DATE] at 8:40 PM. Witnessed fall in resident's room. The resident fell trying to go to the bathroom and sustained bruises to the left cheekbone and left eyebrow.
-IDCP Notes did not identify the root cause analysis.
-Fall CP was not updated to reflect any new intervention.
4. [DATE] at 01:35 PM. Unwitnessed fall in the dining room with no injury. The resident attempted to adjust their position in the w/c.
-IDCP Notes and Fall CP showed Dycem applied to w/c as part of the new intervention.
5. [DATE] at 7:45 PM. Unwitnessed fall in resident's room. The staff heard Resident #109 screaming for help and was found on the floor with pain when moving their right arm. X-Ray confirmed the resident had a right shoulder dislocation and was medicated with Percocet (a controlled pain medication). The resident was transferred to the hospital for treatment and returned on [DATE] with an immobilizer (a medical device that helps keep a body part still or restrict movement).
-IDCP Notes and Fall CP initiated Physical and Occupational Therapy (PT/OT) evaluation and treatment.
6. [DATE] at 9:10 AM. Unwitnessed fall in resident's room with no injury. The staff observed the resident sitting on the floor. The resident was unable to state what happened.
-IDCP Notes did not identify the root cause analysis.
-Fall CP was not updated to reflect any new intervention
7. [DATE] at 7:45 PM. Unwitnessed fall in the dining area with no injury. The staff found the resident sitting on the floor. PT/OT evaluation from an earlier incident continuted and staff to closely monitor the resident was added.
-Fall CP was not updated to reflect any new intervention.
-There was no documentation provided regarding the how staff was to monitor the resident.
8. [DATE] at 10:30 PM. Unwitnessed fall in resident's room. The resident was found by PT Staff on the floor lying on their left side next to the bathroom. The resident sustained a scrape to the left forehead. Licensed Practical Nurse #1 (LPN#1) documented immediate interventions to have a call bell within reach and continue to frequently monitor.
-IDCP Notes did not identify the root cause analysis.
-Fall CP was not updated to reflect any new interventions.
-There was no documentation provided regarding the how staff was to monitor the resident.
9. [DATE] at 01:10 PM. Unwitnessed fall. Certified Nursing Aide #1 (CNA#1) heard a noise and found the resident sitting on the floor by the bathroom door. Interventions included to remind the resident to use the call light and continue with PT/OT.
-IDCP Notes did not address the root cause analysis.
-There was no documentation provided regarding the how staff was to monitor the resident.
10. [DATE] 5:30 PM. Unwitnessed fall in resident's room. The resident stated he/she was going to the bathroom and slid. The nurse found the resident on the floor with a swollen lip. The Fall Inspection Report identified the resident as supervision on transfer status. Per the ADL CP, Resident #109 required partial/moderate assist for transfer from staff.
-IDCP Notes did not identify the root cause analysis
-Fall CP was not updated to reflect any new intervention.
-ADL CP was not followed.
-There was no documentation provided regarding the how staff was to monitor the resident.
11. [DATE] at 6:30 PM. Unwitnessed fall in resident's room. Found sitting on the floor next to the bed and sustained a skin tear to the right forearm. The resident was unable to describe what happened due to cognitive impairment. The Fall Inspection Report identified the resident as set up/minimal assist on transfer status. Per the ADL CP, Resident #109 required partial/moderate assist for transfer from staff. The facility continued the intervention of monitoring frequently.
-Fall CP was not updated to reflect any new intervention.
-ADL CP was not followed.
-There was no documentation provided regarding the how staff was to monitor the resident.
12. [DATE] at 01:30 PM. Unwitnessed fall in the 6th-floor hallway. The resident stated they were walking and fell. The resident sustained redness to the right cheek with mild swelling. Percocet was administered for pain.
-IDCP Notes and Fall CP intervention was to keep the resident in a supervised area as much as the resident would allow but was not initiated until [DATE].
13. [DATE] at 6:30 PM. Witnessed fall in the dining room with no injury. CNA#2 witnessed Resident #109 got up from the chair, lost balance, and fell. The resident was placed at the nurse's station as part of the facility's intervention.
-Fall CP was not updated to reflect any new intervention.
14. [DATE] at 8:20 PM. Unwitnessed fall in resident's room. The staff heard a noise in the room and saw the resident lying on the floor with redness to the right cheek. Interventions included hourly rounding and toileting schedules.
-There was no documentation provided regarding the hourly rounding and toileting schedules.
15. [DATE] at 02:00 AM. Unwitnessed fall in resident's room. The resident got up to use the bathroom and fell. The resident sustained a laceration to the forehead and was sent to the ER.
-The I/A Report was incomplete.
-There was no documentation provided regarding the hourly rounding and toileting schedules.
Further review of the above I/A Reports showed that on six occasions ([DATE] at 8:40 PM; 4/6 at 10:30 PM; 4/13 at 01:10 PM; 4/19 at 5:30 PM; 5/24; and 5/25) Resident #109 fell while attempting to use the bathroom. There was no evidence that the facility identified this as a root cause analysis.
On [DATE] at 9:30 AM, the surveyor interviewed the DON regarding the multiple falls documented for Resident #109 and the interventions implemented. The DON, along with the [NAME] President of Clinical Services (VPoCS), provided an Investigation Summary and Conclusion regarding the falls dated [DATE]. The VPoCS stated that the Investigation Summary and Conclusion was done after the surveyor's inquiry. He further stated that the facility acknowledged the surveyor's concern. The facility indicated that Resident #109's lack of coordination and severe cognitive impairment had been a challenge to prevent falls.
At that same time, the facility management could not provide documentation that the root cause analysis was identified after each fall, CP interventions were updated or revised and describe how staff were to monitor the resident.
On [DATE] at 10:30 AM the surveyor had a telephone interview with Resident #109's Representative (RR). The RR informed the surveyor that Resident #109 fell and dislocated their shoulder three times at the facility on [DATE], [DATE], and [DATE]. The RR further stated that the resident was admitted to the hospital after the fall of [DATE] and the dislocation could not be fixed manually. The RR also stated that Resident #109 was actively bleeding and expired during the surgery.
On [DATE] at 11:08 AM, the surveyor interviewed the Registered Nurse (RN) regarding the fall protocol. The RN stated that Resident #109 was identified as a frequent faller. The interventions implemented were: close monitoring, removal of furniture in the room to promote safety, and frequent toileting. The RN further stated that all residents identified to be at high risk for falls were to be closely monitored. The RN also stated that the CP should be revised after each fall.
On that same date and time, the RN stated that Resident #109 had been in therapy due to multiple falls. The surveyor reviewed the CP with the RN and the RN verified that the CP was not updated after each fall and the root cause was not identified. The RN stated Resident #109 was not monitored by staff.
On [DATE] at 1:00 PM, the VPoCS provided a copy of the Morse Fall Scale (Fall Risk Assessment) with the following information:
Effective date: [DATE]
Category: High risk for falling
Score: 65
Instructions: Completed on admission, quarterly, at change of condition, and after a fall.
Scoring: Morse Fall Scoring: High Risk 45 and higher, moderate risk 25-44, low risk 0-24.
Further review of the above-provided documents for the Morse Fall Scale showed that it was not done after each fall for Resident #109.
On [DATE] at 11:49 AM, the VPoCS provided a timeline and interventions implemented. The timeline did not indicate what interventions were implemented after each fall. The root cause analysis was not identified.
On [DATE] at 1:18 PM, the survey team met with the facility's Licensed Nursing Home Administrator (LNHA), DON, and VPoRM. The surveyor notified the facility management of the above findings and concerns.
CONCERN
(D)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Safe Environment
(Tag F0584)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Complaint # NJ157563
Based on observation, interview, and review of facility documentation, it was determined the facility faile...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Complaint # NJ157563
Based on observation, interview, and review of facility documentation, it was determined the facility failed to maintain a comfortable and homelike environment for resident rooms on one (1) of six (6) nursing units of the facility observed (2nd floor Unit).
The evidence of this deficient practice includes:
On 5/23/24 at 10:28 AM, during the initial tour of the 2nd floor Unit, the surveyor observed the following:
room [ROOM NUMBER] and room [ROOM NUMBER]- Noticeable odor of wet carpet and urine in room
room [ROOM NUMBER]-carpets in room visibly frayed
room [ROOM NUMBER]-carpets in room were visibly frayed and stained.
room [ROOM NUMBER]- large black stain observed between door and window bed.
On 5/28/24 at 12:28 PM, the surveyor observed the following on the 2nd Floor Unit:
room [ROOM NUMBER] and room [ROOM NUMBER]-odor of wet carpet and urine remained.
room [ROOM NUMBER] and 218- carpets remained frayed and stained.
On 5/29/24 at 10:06 AM, during a follow-up tour of the 2nd floor Unit, the surveyor observed the following:
room [ROOM NUMBER]- carpet frayed at door entrance, room to hallway transition strip missing, room odor remained.
room [ROOM NUMBER]- carpet ripped/frayed, odor remained.
room [ROOM NUMBER]- carpet frayed, stained black.
room [ROOM NUMBER]- carpet in front of door ripped/frayed.
room [ROOM NUMBER]- carpet at entrance of room ripped/frayed, room to hallway transition strip is missing.
room [ROOM NUMBER] - carpet by B bed ripped/frayed, room to hallway transition strip missing, carpet near bathroom was stained.
room [ROOM NUMBER]- carpet ripped in 2 areas in between the beds.
room [ROOM NUMBER]- carpet Stained
On 5/29/24 at 10:16 AM, the surveyor interviewed the Director of Maintenance, (DM) who stated that he does environmental rounds such as checking hot water temperatures. The DM further stated that he was just starting to do daily environmental rounds with the housekeeping (HK) department.
On that same date and time, the DM stated that he was aware that the carpets in room [ROOM NUMBER] and room [ROOM NUMBER] were wet because the toilet had overflowed into the two carpeted rooms on 5/21/23. The DM stated that when a staff member finds something broken or needing repair, the staff will write it in the Daily Maintenance Log book. When he does his daily rounds, he will check the book and initial next to the room number then he will put in a work order. If it was an emergency repair, the staff will then page him.
On 5/29/24 at 12:28 PM, the surveyor reviewed the above carpet and room concerns with the Licensed Nursing Home Administrator (LNHA), Director of Nursing (DON), [NAME] President of Risk Management (VPoRM), and [NAME] President of Clinical Services (VPoCS). The LNHA stated that the maintenance department conducts environmental rounds, and the HK department conducts cleaning rounds. The surveyor requested any documentation of the environmental and HK audits or rounding.
A review of the April and May 2024 Daily Maintenance Log binder, located at the 2nd floor Nurses Station, did not reveal any entries regarding the condition of the carpets.
On 5/30/24 at 10:42 AM, the surveyor interviewed the Director of Housekeeping (DH) who stated that every day he does environmental rounding of the whole building. He further stated that he does random rooms and checks the carpets, wheelchairs, curtains, blinds, etc. If something was broken or needed repair, he would report it to maintenance. The DH stated that any maintenance repairs observed during the rounds would be told to maintenance verbally and that he did not write it in the maintenance log. The DM further stated that he was aware that the carpets in Rooms 215 and room [ROOM NUMBER] were wet and had an odor because the toilet had overflowed. He stated that the carpets were cleaned with a shampoo machine. The surveyor reviewed the random audits provided by the DH and there was no documentation of the frayed or stained rugs and that the maintenance department was notified.
On 5/30/24 at 12:02 PM, the administrator stated that he did environmental rounds with the maintenance dept weekly but was unable to provide any documentation or maintenance audits.
A review of the facility's policy Resident Right-Safe/Clean/Comfortable/Homelike Environment dated 5/01/2024, revealed that the facility will provide a safe, clean, comfortable, homelike environment such a manner to acknowledge and respect residents' rights. The resident has a right to a safe, clean, comfortable, and homelike environment.
NJAC 8:39-4.1(a) 11, 31.4(a)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0657
(Tag F0657)
Could have caused harm · This affected 1 resident
Based on observation, interview, and document review, it was determined that the facility failed to ensure the facility policy was followed and a comprehensive person centered care plan was revised to...
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Based on observation, interview, and document review, it was determined that the facility failed to ensure the facility policy was followed and a comprehensive person centered care plan was revised to include target behaviors and non-pharmacological interventions for a resident who was administered antipsychotic medications. This deficient practice occurred for one (1) of five (5) residents reviewed for unnecessary medications (Resident #42) and was evidenced by the following:
On 5/28/24 at 8:38 AM, the surveyor interviewed the Certified Nursing Aide (CNA) providing care for Resident #42. The CNA stated the resident sometimes refused care, screamed, and threw things like the walker. The surveyor asked if the resident would become physical with the CNA who stated, resident will try. The CNA also stated the resident spoke in a foreign language but could understand English. The surveyor then observed Resident #42 with a winter coat on and was walking toward the door in the room, the CNA stated the resident wanted to go see the spouse.
On 5/28/24 at 8:43 AM, the surveyor interviewed Resident #42's Licensed Practical Nurse (LPN) at the medication cart and observed Resident #42 walk by and was dressed in a winter coat. The surveyor asked the LPN about any behaviors the resident had. The LPN stated sometimes complained of pain to the thigh. The surveyor asked if the resident was on psychotropic medication (med) and for what indication, and the LPN stated, yes for depression since the spouse was in the hospital which made the resident sad. The surveyor asked if the resident would leave the unit and the LPN stated the resident went to the other side of the second floor, 2B and wore an elopement monitor on the ankle.
On 5/30/24 at 11:39 AM, the surveyor conducted a telephone interview with the Consultant Pharmacist (CP) regarding the monitoring for psychotropic meds. The surveyor asked if the behaviors for the meds should be documented and should be documented as part of the monitoring, and the CP stated yes.
A review of Resident #42's electronic Medical Record (eMR) revealed:
The admission Record (or face sheet, an admission summary) revealed the resident had diagnoses that included, but were not limited to, major depression disorder and unspecified dementia.
The current Med Administration Record (MAR) for May 2024 revealed the following order for Seroquel (Quetiapine Fumarate) Oral Tablet 25 MG (milligram) Give 0.5 tablet by mouth two times a day for depression with psychosis 0.5 tab x 25 mg = 12.5 mg, Start Date-05/15/2024 1700; Monitor for Behaviors every shift-Start Date-04/12/2024; 2300.
There were no identified target behaviors related to the depression or psychosis documented in the MAR or quantified.
A review of 01/19/2024 06:53 Psychiatry Progress Note revealed:
Diagnosis/Impressions: insomnia, depression with psychosis, anxiety, mood d/o [disorder]
PLAN:
1. Always consider/implement relevant supportive and non-pharmacologic interventions, including: redirection, support/reassurance, comfort measures, reduced environmental stimulation, expression of feelings, family involvement. Treat medical issues including pain, UTI (urinary tract infection), constipation, infection, physical issues, positioning, toileting. Encourage participation in activities, social engagement as tolerated and as possible for psychosocial well being.
The current 21-Page Care Plan, including resolved items, and had a Focus for Antidepressant medication, Initiated 8/30/23 and Target Date of 6/07/24 and a Focus for the use of antipsychotic mediation due to behavior disorder, depression with psychosis and mood disorder, Initiated 12/15/23 and Target Date 06/07/24. An Intervention, Date Initiated: 12/15/2023, Monitor/record occurrence of for target behavior symptoms (SPECIFY: pacing, wandering, disrobing, inappropriate response to verbal communication, violence/aggression towards staff/others. etc.) and document per facility protocol.
The above care plan revealed that it was not revised to reflect specific behavioral expressions. There were no non-pharmacologic interventions as indicated in the Psychiatry documentation.
On 5/30/24 at 12:17 PM, the [NAME] President of Risk Management (VPoRM) stated to the survey team, after the surveyor's inquiry, the team met and reviewed the psychotropic medications and updated the care plans.
The Behavior and Psychoactive Management Program Procedure, dated 05/01/2024 revealed The Facility's behavior Management Program will consist of: 6. Planning and implemented appropriate interventions into the plan of care. 7. Evaluating the effectiveness of Pharmacological and non-pharmacological interventions.
The comprehensive Resident Centered Care Plans Policy, Date: 5/1/24 revealed: Intent: It is the policy of the facility to promote seamless interdisciplinary care for our residents by utilizing the interdisciplinary plan of care based on assessment, planning, treatment, service and intervention. It is utilized to plan for and manage resident care as evidenced by documentation from admission through discharge for each resident. Every resident will have an Interdisciplinary Care Plan. The Care plan will identify priority problems and needs to be addressed by the interdisciplinary team, and will reflect the residents's strengths, limitations and goals. The care plan will be completed, current, realistic, time specific and appropriate to the needs for each resident .
NJAC 8:39-11.2(e)2
CONCERN
(D)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0658
(Tag F0658)
Could have caused harm · This affected 1 resident
2.) Surveyor#2 (S#2) reviewed the medical record for Resident #125.
Resident #125's AR reflected that the resident was admitted to the facility with diagnoses that included but were not limited to uri...
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2.) Surveyor#2 (S#2) reviewed the medical record for Resident #125.
Resident #125's AR reflected that the resident was admitted to the facility with diagnoses that included but were not limited to urinary tract infection, site not specified, benign prostatic hyperplasia (age-associated prostate gland enlargement that can cause urination difficulty) without lower urinary tract symptoms, and unspecified dementia (a group of thinking and social symptoms that interferes with daily functioning).
The most recent comprehensive Minimum Data Set (cMDS), an assessment tool used to facilitate the management of care, dated 3/19/24, reflected that the resident had a Brief Interview for Mental Status (BIMS) score of 15 out of 15, which indicated the resident had an intact cognition. The cMDS also showed that the resident had an indwelling catheter.
A review of the Order Summary Report (OSR) for May 2024 reflected a physician's order (PO) dated 4/23/24 for Urinary Catheter Care every shift. The order was plotted in the May 2024 eTAR for day, evening, and night shifts to include the output.
The May 2024 eTAR revealed the urinary catheter output was not documented for the following days and shifts:
May 2024:
5/02/24 evening and night shifts
5/07/24 evening shift
5/14/24 to 5/16/24 evening shift
5/19/24 evening shift
5/21/24 evening shift
5/23/24 evening shift
On 5/24/24 at 10:13 AM, the survey team met with the VPoCS, Licensed Nursing Home Administrator (LNHA), and the DON. S#2 notified the facility management of the above findings and concerns regarding omitted documentation of urine output in the May 2024 eTAR and did not follow the PO.
On that same date and time, both the VPoCS and DON stated that they (nurses) should put an output or zero if no output in the eTAR and follow the PO.
On 5/28/24 at 8:33 AM, the surveyor observed Resident #125 in their room seated in a wheelchair during breakfast. According to the resident, the Foley catheter was due to bladder and prostate cancer.
On 5/29/24 at 12:02 PM, the survey team met with the LNHA, DON, VPoCS, and VP of Risk Management (VPoRM). The surveyor discussed the above concerns.
A review of the facility's Infection Control-Indwelling Urinary Catheter Use dated 4/01/24 that was provided by the Infection Preventionist Nurse, included that it is the policy of the facility to ensure the appropriate use of indwelling urinary catheters in accordance with state and federal regulations, and national guidelines. Procedure: #9. Documentation to include urine output and monitoring for signs and symptoms of infection.
On 5/30/24 at 11:59 AM, the survey team met with the LNHA, DON, VPoRM, and VPoCS. The DON stated that the nurse failed to put the urine output in the eTAR according to the PO. She further stated that the nurse should follow the order to document the output in the eTAR.
NJAC 8:39-27.1(a), 33.2 (c) 5
Complaint NJ #158377
Based on observation, interview, and review of pertinent facility documents, it was determined that the facility failed to a.) document medications and treatments according to physician's orders for one (1) of 32 residents (Resident #18) reviewed for medication and treatment administration, and b.) consistently document catheter urinary output according to the physician's orders for one (1) of three (3) residents reviewed for urinary catheters (Resident #125) according to standards of clinical practice and facility policy.
This deficient practice was evidenced by the following:
Reference: New Jersey Statutes, Annotated Title 45, Chapter 11. Nursing Board. The Nurse Practice Act for the state of New Jersey states: The practice of nursing as a registered professional nurse is defined as diagnosing and treating human responses to actual or potential physical and emotional health problems, through such services as case finding, health teaching, health counseling and provision of care supportive to or restorative of life and wellbeing, and executing medical regimes as prescribed by a licensed or otherwise legally authorized physician or dentist.
Reference: New Jersey Statutes, Annotated Title 45, Chapter 11. Nursing Board. The Nurse Practice Act for the state of New Jersey states: The practice of nursing as a licensed practical nurse is defined as performing tasks and responsibilities within the framework of case finding, reinforcing the patient and family teaching program through health teaching, health counseling and provision of supportive and restorative care, under the direction of a registered nurse or licensed or otherwise legally authorized physician or dentist.
1.) On 5/21/24 at 9:09 AM, Surveyor #1 observed Resident #18 lying in bed on an air mattress, wearing glasses, and the call bell in reach. Resident #18 was alert and oriented and stated he/she was in the hospital recently and had been at the facility a while. Resident #18 was unable to tell the surveyor of all the previous hospitalizations.
Surveyor #1 reviewed a previous readmission record for Resident #18.
Resident #18's admission Record (AR, or face sheet, an admission summary) reflected a readmission from the hospital with diagnoses included but were not limited to; Multiple Sclerosis (MS, a disease in which the immune system eats away at the protective covering of nerves), contractures, multiple wounds, skin rash neuromuscular dysfunction of the bladder, elevated blood pressure, and glaucoma (a group of eye conditions that can cause blindness).
A review of the facility provided, Physician Orders report from the previous electronic medical record system, included the following:
Created 8/25-8/26/2022, 26 orders including medications (meds), treatments, supplements, and tasks.
A review of the electronic Medication Administration Record (eMAR) and the electronicTreatment Administration Record (eTAR) both dated September 2022, revealed the following documentation of X Not Addressed on 9/04/2022:
Latanoprost eye drop scheduled at 21:00 (9:00 PM)
Olopatadine eye drop scheduled at 18:00 (6:00 PM)
Polyethylene powder (medication mixed with liquid for constipation) scheduled at 21:00
Tiazanidine (medication for MS) scheduled at 17:00 (5:00 PM)
Tecfidera (medication for MS) scheduled at 18:00
Metoprolol (medication for high blood pressure) scheduled at 17:00
Resource Oral Liquid supplement scheduled at 19:00 (7:00 PM)
Nystatin Cream wound treatment for the perineum scheduled at 17:00
ProSource liquid supplement scheduled for 16:00 (4:00 PM)
Nystatin Cream wound treatment left upper thigh scheduled at 17:00
Nystatin Cream wound treatment groin folds scheduled at 17:00
Urinary catheter care scheduled for 14:00 (2:00 PM) and 22:00 (10:00 PM)
Irrigate urinary catheter scheduled for 13:00 (1:00 PM) and 21:00 (9:00 PM)
Out of Bed scheduled for 13:00
Turn and Reposition every 2 hours scheduled for 13:00 and 21:00
Wound treatment genital area scheduled for 17:00
Wound treatment both feet and toes opening scheduled for 9:00 AM and 17:00
Wound treatment left ankle scheduled for 9:00 AM and 17:00
Wound treatment a second genital area scheduled for 9:00 AM and 17:00
Wound treatment of the ischium (hip area) scheduled for 9:00 AM and 17:00
Wound treatment left lateral foot middle scheduled for 9:00 AM and 17:00
Wound treatment left lateral foot second area scheduled for 9:00 AM and 17:00
A review of the resident-centered on-going care plan (CP) included but was not limited to; dated 6/02/21: at risk for pain, pressure ulcers, contractures, MS, and sacral wound with interventions including assist with positioning and administer pain medications as ordered. At risk for skin breakdown, limited mobility, incontinent, MS, readmission from hospital with wounds with interventions assist with turning/repositioning, administer supplements, offload heels, wound treatments as ordered. At risk for UTI [Urinary Tract Infection] history of recurrent UTI, use of suprapubic urinary catheter with interventions irrigate catheter per orders, observe for signs and symptoms of infection, change catheter as ordered, catheter care as ordered, and empty urinary drainage bag every shift.
A review of the Progress Notes (PN) ranging from 9/02/2022 through 9/07/2022, contained no documentation as to why the meds, treatments, and tasks were marked as not addressed. The PN contained no documentation to the physician or family regarding the meds, treatments, and tasks marked as not addressed.
On 5/29/24 at 9:41 AM, during an interview with the surveyor, the Director of Nursing (DON) was questioned if a eMAR or eTAR documented an x, what would that indicate. The DON stated it would mean not given and that there are codes on the bottom [of the eMAR/eTAR] to indicate the documentation. She further explained that if a resident did not receive a med or treatment, the expectation would be to see a PN, call the pharmacy, and call the physician. The DON stated, There should always be a code why med was not given and a PN.
On 5/29/24 at 12:03 PM, the survey team met with the facility administration. Surveyor #1 presented the concerns regarding Resident #18.
On 5/30/24 at 10:25 AM, the facility [NAME] President of Clinical Services (VPoCS) stated the facility reached out to the nurses working 9/04/22, but it was too long ago, and the nurses could not provide any information. She further stated that if the documentation was noted as not addressed, the staff should have reached out to the physician, but we have nothing else.
At that time, the DON acknowledged that the facility was responsible to provide the ordered meds and treatments, but there was no more information the facility could provide. The DON further stated that if a resident was not provided physician ordered meds or treatments, that the resident condition could worsen.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0882
(Tag F0882)
Could have caused harm · This affected 1 resident
Based on interview and review of pertinent facility provided documentation, it was determined that the facility failed to ensure that the employed designated Infection Preventionist (IP) had completed...
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Based on interview and review of pertinent facility provided documentation, it was determined that the facility failed to ensure that the employed designated Infection Preventionist (IP) had completed specialized training in infection prevention and control per Centers for Medicare & Medicaid Services (CMS) guidance prior to assuming the IP role for one (1) of one (1) employee reviewed for IP.
This deficient practice was evidenced by the following:
On 5/23/24 at 11:28 AM, the surveyor interviewed the IP who stated that he started as the facility's IP on June 23, 2023. He added that he started the specialized training after he started as the facility's IP.
On 5/24/24 at 8:14 AM, the surveyor reviewed the facility provided signed job description for the IP which was dated 6/26/23. The surveyor then reviewed the facility provided specialized training certificate which had a completion date of 7/27/23. The IP did not have the specialized training prior to assumption of the IP role.
On 5/24/24 at 9:25 AM, the surveyor interviewed the Licensed Nursing Home Administrator (LNHA) and the VP of Clinical Services (VPoCS) and they confirmed that the date when the IP signed the job description was when he assumed the IP role.
On 5/24/24 at 10:13 AM, in the presence of the survey team, the surveyor notified the LNHA, Director of Nursing (DON) and VPoCS the concern that the IP did not have specialized training prior to assuming the role of IP. The VPoCS stated that the IP was in training with the prior IP at first. The surveyor asked the facility administration when the last day of the prior IP was.
On 5/24/24 at 11:12 AM, in the presence of the survey team, the VPoCS stated that the prior IP's last day was approximately 7/08/23 and that the IP was only under training with the prior IP for part of the time. The VPoCS confirmed that the IP had assumed the IP role prior to finishing the specialized training. She added that she was going to change the job description.
A review of the facility provided IP job description, dated 11/07/2022, included the following:
Intent: Facilities will assign an individual meeting the qualifications listed below as the facility IP. In the event the facility cannot recruit and fire an individual that meets the required qualifications, despite good faith efforts to do so, the facility will notify the DOH and request a waiver. The facility may assign/hire an individual with relevant experience and good potential for the IP role. This individual will receive appropriate orientation and training, and be mentored by an experienced IP .
If an individual is identified with good potential and relevant experience, the IP assigned will complete the online infection prevention course through the Centers for Disease Control Prevention during the orientation process, if they have not already completed it.
N.J.A.C. 8:39-19.1(b)
CONCERN
(E)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Report Alleged Abuse
(Tag F0609)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** 3. On 5/23/24 at 10:13 AM, S#4 observed Resident #35 sleeping in their wheelchair with his/her head resting on the bedside table...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** 3. On 5/23/24 at 10:13 AM, S#4 observed Resident #35 sleeping in their wheelchair with his/her head resting on the bedside table with a pillow.
A review of the resident's most recent quarterly MDS dated [DATE] reflected that the resident had a BIMS score of 15 out of 15 indicating intact cognition.
A review of the Grievance/Complaint Investigation Report dated 5/24/23 revealed Resident #35 filed a grievance with the Assistant Director of Nursing (ADON). The section referencing to documentation of grievance/complaint, documentation of facility follow up and resolution of grievance/complaint read as followed:
-Describe concern briefly using factual terms: (attach resident/family concern form)?
The resident reported he/she was removed from the food committee group meeting by the Director of Activities (DA) when she asked to postpone the meeting when other departments could be present. Resident did not appreciate being spoken to in the matter he/she was.
-What other action to resolve concern (be specific)?
The DA was asked to be mindful of her tone of voice with the residents, as she may come as speaking to loudly and to utilize an approach to gently guide the resident(s) to another aspect or task within the current activity without making them feel interrupted or excluded.
-Was the grievance/complaint resolved?
Yes, the administrator and ADON informed the resident that the staff member was addressed regarding her approach with the resident. The resident was justified with the resolution.
On 5/24/24 at 10:29 AM, S#4 interviewed the Occupational Therapist (OT). The OT stated [he/she] recalled an incident that happened on the second floor of the facility in the activity room/dining area. The OT stated the resident was seated in wheelchair and the DA forcibly pulled the resident away from the table. The OT said it was on camera and the resident filed a complaint. The OT stated that was the last time [he/she] had seen the DA.
On 5/28/24 at 11:29 AM, S#4 interviewed Resident #35 who stated the DA was loud and inappropriate in her approach. Resident #35 stated that the DA wanted [him/her] to leave the room and the resident was not ready to. Resident #35 stated, I was pushed against my will, I told her to stop doing it and she kept doing it. The resident stated [he/she] reported it to administration and there were other people present but can not remember who was there.
On 5/29/24 at 10:00 AM, S#4 interviewed the LNHA in the presence of the survey team and the LNHA stated the DA was terminated shortly after, and the facility had no other statements to provide. The LNHA stated the facility does not have video footage of the incident and the surveillance was only kept for 24-48 hours.
On 5/29/24 at 11:04 AM, the surveyor interviewed the LNHA and stated the DA choose to resign after the incident and the Ombudsman came and did an investigation. The LNHA stated there was nothing to be reported to the DOH.
A review of the provided facility policy dated 5/01/24 included the following:
Reporting:
2. An alleged violation of abuse, neglect exploitation or mistreatment (including injuries of unknown source and misappropriation of resident property) will be reported immediately, but no later than:
- Two (2) hours if the alleged violation involves abuse or has resulted in serious bodily injury; or
-Twenty-four (24) hours if the alleged violation dies not involve abuse AND has not resulted in serious bodily injury.
5. The Administrator, or his/her designee will provide the appropriate agencies or individuals listed above with a written report of the finding of the investigation within five (5) working days of the occurrence of the incident.
NJAC 8:39-9.4 (f)
Based on observations, interviews, review of medical records, and other pertinent facility documentation, it was determined that the facility failed to report as required to the New Jersey Department of Health (NJDOH) within two hours: a) an allegation of sexual abuse that occurred for two residents by a staff member, b.) an injury of unknown origin, and c.) an allegation of abuse. This deficient practice occurred for four (4) of six (6) residents reviewed for abuse (Residents #35, #42, #85, and #104) and was evidenced by the following:
Refer to 610F
1. Surveyor#1 (S#1) reviewed a Reportable Event Record (RER) confirmation sheet that indicated the RER was submitted to the NJDOH by the facility Director of Nursing (DON) on 02/09/24 at 12:34 PM (one day after the incidents were reported).
The RER revealed:
Today's date: 02/08/24
Date of Event: 02/08/24
Time of Event: 6:30 PM
Was this a significant event? Yes.
Type of Incident: Staff- to- Resident Abuse.
Narrative: Resident #85 stated private part was washed roughly by the nursing assistant who got him/her ready for bed on Saturday evening 02/03/24. Resident #85 stated heard Resident #42, speaking in a foreign language and stated the same thing and that's why he/she reported this issue today 02/08/24. Resident #42, upon interview [untimed] stated that during care a few days ago, a [color] male nursing assistant with curly hair entered the room, took the resident do the bathroom and put his mouth on [genital organ].
The undated Investigation Summary submitted by the facility revealed:
Investigation:
On 02/08/24, Resident #85 reported to the nurse on duty, that the resident did not like the way the male nursing assistant who provided care on Saturday evening and washed his/her private part. The nurse informed the DON who went to further interview Resident #85. Resident #85 stated that on 02/03/24 the aide was washing his/her private area kind of in a rough manner.
Resident #85 stated that on 02/03/24, heard Resident #42 talking in a [foreign language] in the hallway about the same thing. When Resident #85 was asked why did not report the incident sooner, resident stated it had been on resident's mind to report it but he/she did not.
Resident #42 explained maybe two nights before, around midnight, a male went into his/her room, led the resident to the bathroom and while in the bathroom, the aide put his mouth on his/her [genital organ].
On 5/28/24 at 01:06 PM, the [NAME] President of Risk Management (VPoRM) provided S#1 with and Abuse Investigation and Reporting Policy.
On 5/30/24 at 10:30 AM, the facility met with the survey team and did not provided any additional information regarding the delay in reporting for the allegations of sexual abuse.
2. On 5/23/24 at 9:32 AM, S#2 received information from S#3 that Resident #104 reported to S#3 that he/she was hit by a staff about a year ago.
On 5/23/24 at 9:35 AM, during a meeting with the Licensed Nursing Home Administrator (LNHA) and the DON, S#2 discussed the information received by the surveyor regarding Resident #104's allegation that a staff had hit the resident.
At that time, the LNHA stated, We will start the investigation right now.
At that time, the DON stated, We will report to the state agency and the Ombudsman.
According to the admission Record (AR, an admission summary) Resident #104 had diagnoses which included, but were not limited to, dementia and Alzheimer's Disease (a brain disorder that slowly destroys memory and thinking skills and, eventually, the ability to carry out the simplest tasks).
A review of the resident's admission Minimum Data Set (MDS), an assessment tool used to facilitate the management of care, dated 3/05/24, included the resident had a Brief Interview for Mental Status score of 12 out of 15 which indicated the resident's cognition was moderately impaired. It included that the resident had no signs or symptoms of delirium.
The resident's individualized care plan reflected a focus that the resident had an activities of daily living deficit, initiated on 02/28/24 .The interventions included maximum assistance for bathing, showering, bed mobility, dressing eating, personal hygiene. Additionally, the resident required skin inspections for redness, open areas, scratches, cuts, bruises and for changes to be reported to the nurse.
A review of Resident #104's skin evaluations revealed the following:
-On 3/25/24, right forearm, skin tear was documented without pain
-On 4/08/24, left posterior hand, skin tear was documented without pain
-On 4/15/24, left posterior hand, skin tear was documented without pain
-On 4/22/24, left posterior hand, skin tear was documented without pain
-On 4/29/24, left posterior hand, skin tear was documented without pain
-On 5/06/24, no skin issues, were documented
-On 5/13/24, no skin issues, were documented
-On 5/27/24, no skin issues, were documented
A review of the facility provided Investigation Summary and Conclusion reflected the Director of Social Services (DSS) interviewed the resident, a resident statement made to the DON and a skin assessment was conducted with no findings.
The Witness Statements revealed the following:
-Review of the statement from the DSS dated 5/23/24, reflected that the resident reported to the DSS that a short haired [color] male registered nurse banged the resident's knees into the wall in the bathroom.
-Review of the statement from the Registered Nurse dated 5/23/24 at 9:45 AM, reflected that the resident stated he/she was hit. The resident was noted to be forgetful, oriented to self and place, no apparent injuries, was able to move all extremities with no difficulties. A fading discoloration noted to bilateral (both) knees.
-Review of the statement from the DON dated 5/23/24 reflected that when she had entered the room the full body assessment was in progress. The resident stated to the DON that he/she ran into the wall by a short white [color] while walking in resident's room and the incident occurred in September 1998. The DON's documentation also reflected that the responsible party (RP) of the resident did not believe the incident was true.
On 5/29/24 at 12:52 PM, in the presence of the survey team, the [NAME] President of Clinical Services (VPoCS), the VPoRM, the LNHA and the DON, S#2 discussed the concern regarding the facility's abuse investigation process for Resident #104's injury of unknown origin. There was no evidence provided that the facility reported to the State Agency within the two (2) hour time frame upon discovery.
On 5/30/24 at 9:41 AM, in the presence of S#2, and the [NAME] President of Clinical Services (VPoCS), the DON stated that the allegation of staff to resident abuse was reported to the State Agency and the Ombudsman.
At that time, the DON submitted a copy of the RER that indicated the event was called in on 5/23/24 at 10:00 AM and was reported as a staff to resident abuse.
Further review of the RER reflected the resident alleged that the resident was hit by a nurse and could not identify the nurse. The resident stated it might have been a short [color] male. The incident occurred in the bathroom, while in the chair, then while walking and that the incident occurred in 1998.
At that time, the DON stated that the allegation was unsubstantiated for the staff to resident abuse since there were no short haired [color] male nurses.
At that same time, S#2 asked the DON if there were any other information associated with Resident #104's faded discoloration noted to bilateral knees. The DON stated that the staff to resident abuse was unsubstantiated, while the investigation for the faded bruising continued. The incidents were delineated which was the reason it was not mentioned in the summary and conclusion provided.
On 5/30/24 at 12:02 PM, in the presence of the survey team, the VPoCS, the VPoRM, and the LNHA, the DON stated that the resident had narrated three (3) different stories. The DON stated she had unsubstantiated the part of that a man had pushed the resident and was still investigating the bruise on the resident's knees.
At that time, the DON provided three additional statements that were related to the bruising investigation. The DON confirmed the investigation for the bruises had not concluded.
On 5/31/24 at 9:54 AM, in the presence of the survey team, the surveyor gave the VPoCS, the VPoRM, the LNHA, and the DON an opportunity to submit additional information. No additional information was provided.
Complaint #NJ171307 #NJ164582
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Pharmacy Services
(Tag F0755)
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 other facility provided documents, it was determined that the facil...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, record review and review of other facility provided documents, it was determined that the facility failed to provide pharmaceutical services in accordance with professional standards to ensure, a.) expired supplies were identified and removed from active inventory, b.) maintain a system of medication (med) records that enabled to account the disposition and the prompt identification of potential drug diversion of controlled dangerous substance (narcotics meds, with high potential for abuse and are tracked with detail) within the narcotic box of a med cart, and c.) demonstrate periodic reconciliation of controlled dangerous substances stored within the electronic back-up machine (EBM) was maintained.
This deficient practice was identified for three (3) of six (6) medication carts, one (1) of one (1) med room, and one (1) of one (1) EBM, inspected for med storage and labeling.
The evidence was as follows:
1.) On [DATE] at 9:57 AM, in the presence of the Registered Nurse (RN), the surveyor began the emergency crash cart inspection located in the dining area of the 6th floor.
At that time, the surveyor and the RN observed the following:
1. Two (2) suction connecting tube with male connector (used to evacuate fluid and debris from suction catheter or yankauer suction handle into a vacuum canister) that had an expiration date of [DATE] and [DATE].
2. One (1) yankauer suction handle (used to remove fluid and debris from a person's airway) had an expiration date of 5/2021.
3. Two (2) nonconductive connecting tubing with two (2) female connector (use to connect suction catheter and yankauer to suction sources to evacuate fluid and debris) that had an expiration date of [DATE].
4. Two (2) suction catheter kit (used to clear the airway of a person when unable to clear secretions on their own when airway is blocked, and breathing is difficult) that had expiration date of [DATE].
At 10:08 AM, the surveyor and the RN reviewed the Emergency Cart Check (emergency crash cart) accountability log of the 6th floor which reflected the cart was checked and signed daily until [DATE].
At that time, during an interview with the surveyor, the RN stated the 11:00 PM to 7:00 AM nurse was responsible to ensure all items were in date and that the nurse probable missed the expired supplies.
At that time, the RN acknowledged that expired supplies should have been removed and replaced. She would remove the identified expired items immediately, replenish the supplies and inform the Director of Nursing (DON) of the concern.
On [DATE] at 11:34 AM, in the presence of License Practical Nurse #1 (LPN #1), the surveyor began the emergency cart inspection located in the nurse's station of the 1st floor.
At that time, the surveyor and LPN #1 observed the following:
1. One (1) suction connecting tube with male connector that had an expiration date of [DATE].
2. One (1) yankauer suction handle had an expiration date of 5/2021.
3. One (1) nonconductive connecting tubing with two (2) female connector that had an expiration date of [DATE].
At that time, the surveyor and LPN #1 reviewed the Emergency Cart Check accountability log for the 1st floor which reflected that the cart was checked and signed daily until [DATE].
At that time, during an interview with the surveyor, LPN #1 stated the 11:00 PM to 7:00 AM, nurse was responsible to ensure all items on the emergency cart were up to date. LPN #1 acknowledged no expired items should be in the cart.
At that time, LPN #1 stated she would dispose the expired items, replace, and inform the DON of the concern.
On [DATE] at 12:43 PM, in the presence of the Infection Preventionist/Registered Nurse (IP/RN), the surveyor observed the following:
1. Two (2) suction connecting tube with male connector that had an expiration date of 10/2019, and [DATE].
2. Two (2) nonconductive connecting tubing with two (2) female connector that had an expiration date of [DATE].
3. One (1) suction catheter kit that had expiration date of [DATE].
At 12:48 PM, the IP/RN confirmed the items were expired, will dispose the meds, and inform the DON.
2.) On [DATE] at 10:33 AM, in the presence of LPN #2 the surveyor began the narcotic med inspection, which was stored in a mounted, double locked portion of the med cart (narcotic box).
At 10:34 AM the surveyor and LPN #2 observed that Controlled Drug Administration Record (CDAR) for Resident 77's Lorazepam (a narcotic med) was wasted (disposed) five (5) times on [DATE] without a documented time or reason for the disposal.
At that time, LPN #2 could not locate the accountability explanation as to the reason why five (5) tablets (tabs) were wasted. The surveyor and LPN #2 did observe the disposition had two nurses' signatures.
A review of Resident #77's electronic Med Administration Record (eMAR) for [DATE] did not reflect refusals for the Lorazepam on [DATE].
3.) On [DATE] at 12:43 PM, the surveyor, LPN #3 and the IP/RN could not locate the narcotic log for the EBM.
At that time, during the cycle count conducted by LPN #3 and IP/RN, the surveyor and the staff observed a discrepancy for the Hydromorphone (narcotic med for pain) populated.
At that time, the IP/RN did not know how to produce the discrepancy report from the EBM machine.
At that same time, the surveyor had not received the transaction log that reflected the date a narcotic med was removed, who removed the narcotic med, for which resident and the electronic log to reflect the shift-to-shift accountability report for the EBM.
On [DATE] at 12:52 PM, in the presence of the survey team, the [NAME] President of Clinicals Services (VPoCS), the VP of Risk Management (VPoRM), the Licensed Nursing Home Administrator (LNHA) and the DON, the surveyor discussed the concern regarding the expired supplies in the emergency carts and the med room, the potential for diversion reflected on the CDAR without documentation of the time disposed and the reason for the disposal for Resident #77's Lorazepam. The missing paper file for the reconciliation of the narcotic meds in the EBM and the inability of the facility to produce the electronic transaction journal that showed the periodic reconciliation of the narcotic meds in the EBM for [DATE].
On [DATE] at 10:29 AM, in the presence of the survey team, the VPoRM, the LNHA and the DON, the VPoCS stated that all the expired supplies have been replenished and acknowledged it should not have been there.
At that time, the DON submitted a picture of a text she had received from her staff dated [DATE], informing her that they had wasted/disposed of five (5) tabs of Resident #77's Lorazepam due to poor packaging. No information was presented that the pharmacy was notified, and the Lorazepam that was poorly packaged was not returned to the pharmacy.
At 12:02 PM, during the continuation meeting with the survey team, the VPoCS, the VPoRM, and the LNHA, the DON stated that the 11:00 AM to 7:00 PM shift nurses should have performed the narcotic reconciliation for the EBM machine. The DON stated she had received the discrepancy report. The DON admitted that she had not identified prior to surveyor inquiry that the periodic reconciliation of the narcotics for the EBM machine was not occurring. The expectation was that the nurse supervisor counted daily.
Furthermore, the DON stated that from that day forward the reconciliation would be signed and counted daily.
A review of the provided facility policy Storage of Meds dated [DATE], included the following under Policy Interpretation and Implementation.
4. Drug containers that have missing incomplete, improper, or incorrect labels are returned to the pharmacy for proper labeling before storing. Discontinued, outdated, or deteriorated drugs or biologicals or returned to the dispensing pharmacy or destroyed.
A review of the undated facility policy Controlled Substance Accountability included the following:
-Have another nurse witness and co-sign the wasting of any dose of controlled drug. The reason for wasting should be documented.
-Verify the expiration date of control substances in the back-up [EBM] daily or shift to shift cycle counts.
NJAC 8:39-29.4 (g) (k),29.7(c)
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Unnecessary Medications
(Tag F0759)
Could have caused harm · This affected multiple residents
2.) According to the manufacturer's specifications for Toprol XL (metoprolol succinate) tablet, Extended Release under section 2.4 titled, Administration: TOPROL-XL tabs are scored and can be divided;...
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2.) According to the manufacturer's specifications for Toprol XL (metoprolol succinate) tablet, Extended Release under section 2.4 titled, Administration: TOPROL-XL tabs are scored and can be divided; however, do not crush or chew the whole or half tab.
On 5/24/24 at 8:50 AM, two surveyors observed the Registered Nurse (RN) prepare meds for Resident #88. The meds included a PO for Metoprolol Succinate ER (extended release) 24-hour, 50 mg tab, give 1 tab by mouth one time a day, related to essential primary hypertension (high blood pressure) with an order start date of 10/05/23.
At 8:59 AM, the surveyors observed the RN crush the meds, which she poured into a med cup that contained apple sauce, in preparation for administration to Resident #88 that included Metoprolol Succinate ER 50 mg.
At that time, the RN stated the resident had special instructions for med administration of crush meds.
At that time, the surveyor observed on the eMAR an annotation of crush meds.
At 9:01 AM, the RN confirmed she was ready to administer the crushed meds to Resident #88 and proceeded to walk towards the resident who was seated in the dining room.
At that time, in the presence of another surveyor, the surveyor, asked to speak with the RN, and walked back together to the med cart parked at the hallway.
At 9:02 AM, the surveyor asked the RN, could an extended-release med such as Metoprolol ER for Resident #88 be crushed. The RN stated I am not sure while reviewing the eMAR.
At 9:05 AM, the surveyor and the RN reviewed the bingo card for Metoprolol ER, together. The bingo card had an affixed cautionary label that indicated Do not crush.
At that time, the RN was unsure of how to proceed with the med administration for Resident #88 and called the Nurse Practitioner (NP) for the resident.
At that time, the RN stated she was instructed by the NP to administer the Metoprolol ER whole.
At 9:15 AM, the surveyors observed the RN dispose of the crushed meds into a liquid drug disposal system.
At 9:16 AM, the surveyors observed the RN prepare the meds for Resident #88 that included a whole tablet of Metoprolol into applesauce.
At 9:21 AM, the surveyor asked the RN if the resident had an individualized care plan for the meds to be crushed. The RN was silent and had no response.
At 9:32 AM, during a telephonic interview with the surveyors, the NP stated that Metoprolol ER cannot be crushed or dissolved because of loss of efficacy.
The surveyor reviewed the medical record for Resident #88.
According to Resident #88's admission Record (or face sheet, an admission summary) reflected that that resident was a long-term care (LTC) resident at the facility and had diagnoses which included but were not limited to syncope (fainting), heart failure (heart can't pump blood well enough to give your body a normal supply) and dysphagia (a swallowing disorder that makes it difficult to use the mouth, lips, and tongue to control food or liquid) and dementia ( loss of cognitive functioning) .
A review of Resident #88s most recent quarterly Minimum Data Set (MDS), an assessment tool used to facilitate the management of care, dated 3/15/24, reflected that the resident had a Brief Interview for Mental Status (BIMS) score of 3 out of 15, which indicated that Resident #88's cognition was severely impaired. The qMDS revealed the resident did not have a swallowing disorder and while a resident had a mechanically altered diet (change in texture of food or liquid such as pureed food or thickened liquid).
A review of the Order Summary Report for May 2024 did not reflect a PO to crush meds.
A review of the Care Plan included a focus that the resident had a nutritional problem or potential for nutritional problem related to dementia, initiated on 6/07/23. The interventions included ground texture initiated on 12/27/23.
On 5/29/24 at 12:02 PM, in the presence of the survey team, the VPoCS, the VPoRM, the LNHA and the DON, the surveyor discussed the concern regarding the med pass wherein the RN failed to review and adhere to the med cautionary displayed on the bingo card.
On 5/30/24 at 12:02 PM, during a follow-up meeting with the survey team, the VPoCS, the VPoRM, and the LNHA, the DON acknowledged that the Metoprolol ER should not have been crushed or dissolved, the physician should have been informed, and the PO should be followed.
A review of the provided facility policy dated 5/01/24, included the following:
Procedure:
E. If it is safe to do so, med tabs may be crushed, or capsules emptied out when a resident has difficulty swallowing or is tub-fed [tube-fed] using the following guideline:
a. Long acting or enteric coated dosage forms should generally not be crushed; an alternative should be sought.
NJAC 8:39-11.2 (b), 29.2 (d)
REPEAT DEFICIENCY
Based on observation, interview, record review, and review of other pertinent documents, it was determined that the facility failed to ensure that all medications (meds) were administered without error of 5% or more. During the med observation conducted on 5/24/24, the two (2) surveyors observed five (5) nurses administer meds to six (6) residents. There were 30 opportunities, and three errors were observed which resulted in a med error rate of 10%. This deficient practice was identified for two (2) of six (6) residents (Residents #31 and #88), which was administered by two (2) of five (5) nurses.
This deficient practice was evidenced by the following:
According to the manufacturer's specifications for Omeprazole included Administration Instructions to take before meals.
1. On 5/24/24 at 8:09 AM, the surveyor observed the Licensed Practical Nurse (LPN) prepare meds for Resident #31. The meds included an active physician's order (PO) dated 3/17/23 of the following:
Miralax Powder 17 gm/scoop, give 17 gm (gram) by mouth one time a day for constipation and mix with 8 oz (ounces) fluid of choice. The order was plotted in the electronic Med Administration Record (eMAR) for 9 AM.
Omeprazole cap (capsule) 20 mg (milligrams) give one cap orally one time a day related to gastroesophageal reflux disease (a digestive disease in which stomach acid or bile irritates the food pipe lining) without esophagitis. The order was plotted in the eMAR for 7:30 AM.
On that same date and time, the surveyor observed the LPN pour one (1) cap of Omeprazole 20 mg into a med cup (one ounce) for administration to Resident #31. The LPN did not read the cautionary in the bingo card (also known as blister packs, or bubble packs, are the most commonly used medication packaging in long-term care facilities) to take meds before a meal or as directed by your doctor.
The LPN also poured a scoop of Miralax to half a cup of water into a 4 oz plastic cup.
At 8:14 AM, inside the resident's room, the LPN confirmed with the surveyor that she was ready to administer the resident's meds. Then, the surveyor stopped the med pass observation in the resident's room and asked the LPN to walk back to the med cart parked outside the resident's room. The surveyor asked the LPN how much water was in the plastic cup and to review the order again.
At that same time, the LPN reviewed the eMAR and confirmed that the order for Miralax was 8 oz fluid, and the cup was an 8 oz cup. The LPN stated that the resident would complain if she filled up the cup with water. The surveyor observed the LPN fill the cup with ¾ water, proceeded inside the resident's room, and confirmed to the surveyor that she was ready to administer the meds.
At 8:17 AM, the surveyor observed the Director of Activity (DA) inside the room deliver the resident's breakfast tray. The DA and the LPN both repositioned the resident in the bed. The DA set up the breakfast tray.
At 8:26 AM, Resident #31 took a bite of food that was served by the DA. The LPN then administered all meds (including Omeprazole) whole with applesauce to the resident and the Miralax.
Afterward, the surveyor interviewed the LPN after the nurse signed the eMAR. The LPN informed the surveyor that she used an 8 oz cup of water to mix one scoop of Miralax. The surveyor then asked the LPN to use a clean plastic cup to measure a med cup (one ounce) filled with water to determine how many ounces of the med cup could fill up the plastic cup. The LPN took a med cup and stated that the med cup was a one-ounce cup. The LPN filled up the med cup with water and transferred the water to a plastic cup and it filled the cup halfway. The LPN confirmed that the plastic cup she used for mixing the Miralax was not an 8 oz cup and she was not sure how many ounces it was.
At that same time, the LPN stated that she did not follow the PO for Miralax to mix it with 8 oz of fluid.
On 5/24/24 at 8:44 AM, the Director of Nursing (DON) in the presence of the Licensed Nursing Home Administrator (LNHA) and the [NAME] President of Risk Management (VPoRM) that she (DON) will get back to the surveyor to determine how many ounces were the plastic cup that the LPN was used in mixing one scoop of Miralax.
On 5/24/24 at 10:11 AM, the DON informed the surveyor that the plastic cup was a four-ounce cup.
On 5/24/24 at 11:05 AM, the surveyor interviewed the LPN regarding Omeprazole. The LPN showed the bingo card of Omeprazole and read the cautionary. The LPN stated that the med instruction meant to give the med 30 minutes before a meal. The surveyor then asked the LPN why she administered the med with the meal. The LPN responded that the resident wanted to eat.
On 5/29/24 at 12:02 PM, the survey team met with the LNHA, DON, VP of Clinical Services (VPoCS), and VPoRM. The surveyor discussed the above concerns and findings.
On 5/30/24 at 8:14 AM, the surveyor called and interviewed the Consultant Pharmacist (CP) in the presence of the two surveyors. The surveyor asked about Omeprazole on when to administer it. The CP informed the surveyor that it should be administered on an empty stomach around 6 AM or at least 30 minutes before meals. The surveyor asked what was the reason that it should be administered on an empty stomach, the CP responded that Omeprazole was a proton pump inhibitor (PPI, are medicines that decrease stomach acid production) and that she usually puts that in her recommendation when she reviews MRR (Medication Record Review) monthly.
On that same date and time, the surveyor asked about the Miralax. The CP stated that Miralax should be mixed with 4-6 oz of water/fluids, a minimum of 4 oz. The surveyor then asked if the order was to mix with 8 oz of water what the nurse should do, the CP stated that the nurse should have followed the order.
At that same time, the surveyor notified the CP of the above findings and concerns. The CP stated it was wrong to administer Omeprazole with meals, and if the CP was the one doing the med pass observation, it would be a med error.
A review of the facility's Med Administration Policy with a date of 5/01/24 that was provided by the VPoRM included that meds are administered as prescribed in accordance with good nursing principles and practices. Meds are administered in accordance with the written orders of the attending physician.
On 5/30/24 at 11:59 AM, the survey team met with the LNHA, DON, VPoRM, and VPoCS. The DON informed the surveyor that the new order for Omeprazole was after the surveyor's inquiry. The DON stated that the physician was notified of the concern regarding the Miralax and advised the facility to talk to the CP. The DON further stated that the CP was notified of the physician's information. According to the DON, the CP responded that Miralax should be mixed with 4-8 oz of fluid.
At that same time, the VPoCS stated that Omeprazole should be given on an empty stomach.
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0790
(Tag F0790)
Could have caused harm · This affected multiple residents
Based on observation, interview, and review of medical records, it was determined that the facility failed to promptly, within three (3) days, refer Resident #88 for dental services to replace the los...
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Based on observation, interview, and review of medical records, it was determined that the facility failed to promptly, within three (3) days, refer Resident #88 for dental services to replace the lost dentures which persisted for nine months, and resulted in a diet texture change to ground due to difficulty chewing.
This deficient practice was identified for one (1) of six (6) residents observed during medication (med) administration (Resident #88), and was evidenced by the following:
On 5/24/24 at 8:59 AM, the surveyors observed the Registered Nurse (RN) crush the meds, which she poured into a med cup that contained apple sauce, in preparation for administration to Resident #88 that included Metoprolol Succinate ER (extended release, medication for blood pressure) 50 mg (milligrams).
At that time, the RN stated the resident had special instructions for med administration of crush meds.
At that same time, the surveyor observed on the May 2024 electronic Med Administration Record (eMAR) an annotation of crush meds.
The surveyor reviewed the medical record for Resident #88.
According to the admission Record (or face sheet, an admission summary) reflected that resident was a long-term care (LTC) resident at the facility and had diagnoses which included but were not limited to syncope (fainting), heart failure (heart can't pump blood well enough to give your body a normal supply) and dysphagia (a swallowing disorder that makes it difficult to use the mouth, lips, and tongue to control food or liquid) and dementia ( loss of cognitive functioning).
The most recent quarterly Minimum Data Set (qMDS), an assessment tool used to facilitate the management of care, dated 3/15/24, reflected that the resident had a Brief Interview for Mental Status (BIMS) score of 3 out of 15, which indicated that Resident #88's cognition was severely impaired. The qMDS revealed the resident did not have a swallowing disorder and while a resident had a mechanically altered diet (change in texture of food or liquid such as pureed food or thickened liquid).
A review of the Care Plan (CP) included a focus that the resident had a nutritional problem or potential for nutritional problem related to dementia, initiated on 6/07/23. The interventions included ground texture initiated on 12/27/23.
Further review of the CP under special instructions revealed Crushed Meds.
A review of the resident's Dental Consultation dated 8/17/23, revealed that Resident #88 had his/her dentures inserted, and adjustment was made. Resident was to return for adjustment as needed.
A review of Progress Notes (PN) for Resident #88 reflected the following:
-On 8/17/23 at 10:58 PM, the nurse documented that the resident refused to remove his/her dentures despite the education given by the Certified Nursing Assistant (CNA). The resident slept with the dentures.
-On 8/18/23 at 3:53 PM, the nurse documented that the resident was received without dentures. The staff looked through resident's room and belongings and was unable to locate the dentures. All parties were made aware.
-On 9/20/23 at 02:04 PM, the Speech Therapist [Speech-language pathologist; SLP] documented that the resident did not have any functional deficits. The resident was on the safest and least restrictive diet.
- On 10/27/23 at 7:49 PM, the nurse documented that the [responsible party] requested that the resident not having dentures, found difficulty chewing food. An SLP consult was completed. A new diet order was received: ground with gravy, bread, and thin liquids. The nurse called the [responsible party] who did not answer.
A review of the Speech Therapy, SLP Evaluation and Plan of Treatment dated 10/27/23 to 01/17/24, included the following:
Current Referral: Reason for Referral/Current Illness: Patient was referred to skilled ST dysphagia evaluation due to recent loss of dentures. Patient presented with mild/moderate dysphagia (difficulty swallowing) characterized by prolonged mastication (chewing), diminished bolus formation (a swallowing abnormality when the tongue doesn't coordinate properly to form a bolus after chewing), and delayed A/P transit anterior (front) hard palate to tongue pressure with cognitive impairment overlay.
A review of the SLP Discharge Recommendation dated 12/21/23, included the following recommendations:
The diet recommended was minced and moist. The liquid recommended was thin liquids. Restorative and functional maintenance program were not indicated for the resident.
A review of the Resident's weight history reflected the following:
on 8/02/23, the weight was 129 pounds (lbs.)
on 9/05/23, the weight was 133 lbs.
on 10/03/23, the weight was 134 lbs.
on 10/31/23, the weight was 134 lbs.
on 11/01/23, the weight was 135 lbs.
on 12/01/23, the weight was 133 lbs.
on 12/28/23, the weight was 133 lbs.
on 01/18/23, the weight was 134 lbs.
on 02/07/24, the weight was 132 lbs.
on 3/07/24, the weight was 134 lbs.
on 4/05/24, the weight was 135 lbs.
on 5/13/24, the weight was 134 lbs.
On 5/24/24 at 10:20 AM, during an interview with the surveyor, the SLP confirmed that the referral was due to Resident #88's loss of dentures. The SLP stated that since the resident was unable to chew without the dentures, the resident's diet was changed to ground.
At that time, the SLP stated nursing was informed, and the kitchen was informed.
At that same time, the Occupational Therapist/ Rehabilitation Director (OT/RD) stated that they had to make sure the resident was safe, and when Resident #88 received his/her new dentures, a re-evaluation can be done.
Furthermore, the OT/RD stated that he was part of the interdisciplinary team (a group of health care professionals from complementary fields who work together to treat a patient) and attended the meetings where the resident's recommendations were discussed.
On 5/28/24 at 10:39 AM, during an interview with the surveyor, the Director of Social Services (DSS) stated that she had started three (3) months ago.
On that same date and time, the DSS explained to the surveyor that all residents, family member or nursing staff were able to report a missing item to her. The DSS stated that after an item was reported to her as lost, she documented the missing item into the Missing Items Report Log (MIRL) and directed the information to the corresponding department; As an example, hearing aids, glasses, and dentures, depending on the insurance we [the facility] would try to replace it.
At that time, the surveyor and the DSS reviewed the MIRL and did not find an entry for Resident #88's missing dentures.
In addition, the surveyor and the DSS reviewed the Social Services PN from 4/06/23 to 3/21/24, which did not reflect a documentation that the facility had tried to replace Resident #88's dentures or reason for the delay of receiving dental services.
On 5/29/24 at 12:52 PM, in the presence of the survey team, the [NAME] President of Clinical Services (VPoCS), the VP of Risk Management (VPoRM), the Licensed Nursing Home Administrator (LNHA) and the DON, the surveyor discussed the concern regarding the facility's failure to promptly, within three (3) days refer a resident with lost dentures for dental services and whose diet texture was changed to ground due to difficulty chewing food from October 2023. The resident was without dentures from August 18, 2023, nine months to date.
On 5/30/23 at 10:29 AM, in the presence of the survey team, the VPoRM, the LNHA and the DON, the VPoCS stated that when the dentures went missing the [responsible party] was informed and the [responsible party] wanted to take the resident to their own dentist but none of that was documented.
On that same date and time, the VPoCS stated the other option was for the resident to see the in-house dentist. The option was offered to the [responsible party] who agreed.
At that time, the VPoCS stated that their facility policy was three (3) days to follow-up. The VPoCS acknowledged that it should have been done as prior to surveyor inquiry.
A review of the provided facility policy, Dental Services dated 5/01/24, included the following under Procedure:
2. The facility will, if necessary or if requested, assist the resident:
c. will promptly, within 3 days refer residents with list or damaged dentures for dental services.
NJAC 8:39-15.1 (b) (c)
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Infection Control
(Tag F0880)
Could have caused harm · This affected multiple residents
Based on observation, interview, and review of pertinent facility documents, it was determined that the facility failed to follow appropriate hand hygiene practices during medication (med) administrat...
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Based on observation, interview, and review of pertinent facility documents, it was determined that the facility failed to follow appropriate hand hygiene practices during medication (med) administration and dining observation. This deficient practice was identified for two (2) of six (6) staff (one Licensed Practical Nurse and Certified Nursing Aide #1) during med administration, and for two (2) of four (4) staff (CNA#2 and Hospitality Aide) during dining observations according to facility's policy, practice, and Centers for Disease Control and Prevention (CDC) guidelines.
This deficient practice was evidenced by the following:
According to the CDC Clinical Safety: Hand Hygiene for Healthcare Workers dated 02/27/24, included, Healthcare personnel should use an alcohol-based hand rub (ABHR) or wash with soap and water for the following clinical indications:
Immediately before touching a patient
Before performing an aseptic task or handling invasive medical devices
Before moving from work on a soiled body site to a clean body site on the same patient
After touching a patient or the patient's immediate environment
After contact with blood, body fluids, or contaminated surfaces
Immediately after glove removal.
Know how to wash hands with soap and water:
Wet hands with water. Apply the manufacturer's recommended amount of product to your hands. Rub hands together vigorously for at least 15 seconds, covering all surfaces of the hands and fingers. Rinse hands with water and use disposable towels to dry. Use a towel to turn off the faucet. Other entities recommend cleaning hands with soap and water for at least 20 seconds. Either time is acceptable. The focus should be on cleaning your hands at the right times and scrubbing hands and fingers with soap.
1. On 5/24/24 at 8:17 AM, the surveyor observed the Director of Activity (DA) inside the room deliver Resident #31's breakfast tray. The Licensed Practical Nurse (LPN) asked Certified Nursing Aide #1 (CNA#1) who was also inside the room attending to the roommate of the resident to get a box of gloves outside the room. The LPN checked the resident's drawer and nightstand table for gloves and did not find gloves.
CNA#1 at that time was wearing a pair of gloves, doffed off (removed) gloves, exit the room without performing hand hygiene. CNA#1 returned to the room with a box of gloves, donned (put on) a new pair of gloves without performing hand hygiene, and assisted the roommate with breakfast. LPN#1 also donned a new pair of gloves without performing hand hygiene after touching the resident's immediate [resident's nightstand table] environment.
At that time, the DA and the LPN both repositioned Resident #31 in the bed. The DA set up the breakfast tray.
On that same date and time, the surveyor in the presence of the LPN asked CNA#1 about the gloves stored inside the CNA uniform pocket. CNA#1 acknowledged that she was using them (gloves) during the resident's care. The LPN also acknowledged the surveyor's concern regarding CNA#1's hand hygiene and gloves inside the uniform pocket. The LPN stated that the CNA should not store gloves in her uniform pocket for infection control and should perform hand hygiene before and after gloves.
At 8:26 AM, Resident #31 took a bite of food, and then the LPN administered all meds. The LPN then performed handwashing for 22 seconds under the stream of running water. The surveyor notified the LPN of the concern regarding scrubbing her hands under a stream of running water and the LPN stated that she did not realize that she was scrubbing her hands under water and that she should have scrubbed her hands outside the water.
On 5/24/24 at 8:38 AM, the surveyor interviewed CNA#1 in the 2nd-floor dining area. The CNA informed the surveyor that she was an agency aide. The CNA stated that she should not store gloves inside her uniform pocket. She further stated that she should perform hand hygiene before and after using gloves and other PPE (personal protective equipment). The surveyor then asked the CNA why she stored gloves in her pocket and did not perform hand hygiene when the surveyor observed her in the resident's room above. The CNA responded that she was moving around and there were no gloves inside the room at that time.
On 5/24/24 at 8:53 AM, the surveyor interviewed the Infection Preventionist/Registered Nurse (IP/RN) in the presence of another surveyor. The surveyor notified the IP/RN of the above findings and concerns regarding CNA#1 and the LPN. The IP/RN stated that regardless of the situation, the CNA and nurse should follow the facility's protocol and policy with hand hygiene and PPE use.
2. On 5/28/24 at 8:44 AM, the surveyor observed the Hospitality Aide (HA) provided hand wipes to all seven residents in the 3rd-floor day room and assisted all residents with their hand hygiene in preparation for breakfast. After the HA collected the used hand wipes, the HA then went to the sink in the day room and performed handwashing. The HA did not wet her hands after turning on the faucet, immediately scrubbed her hands for 26 seconds, then washed off the soap, dried her hands with paper towels, and discarded the used paper towels into the garbage.
Afterward, the surveyor interviewed the HA regarding her handwashing. The HA stated the above handwashing as the proper way of performing handwashing according to the education she received from the Director of Nursing (DON). The HA acknowledged and stated that she did not have to wet her hands prior to applying soap and when scrubbing her hands.
On that same date at 8:50 AM, the surveyor observed CNA#2 in the 3rd-floor day room assisting the HA. CNA#2 performed handwashing for 8 (eight) seconds. During an interview of the surveyor with CNA#2, CNA#2 stated that handwashing should be at least 20 seconds according to the education and in-service she received from the DON and the previous Assistant Director of Nursing. The surveyor asked the CNA if she scrubbed her hands for 20 seconds and she stated Maybe I did it fast. The surveyor then notified the CNA of the concern that she scrubbed her hands for 8 seconds. The CNA acknowledged that she felt the same way that it was not 20 seconds.
On 5/28/24 at 8:55 AM, the surveyor interviewed the IP/RN in the 3rd-floor unit near the day room in the presence of another surveyor. The surveyor notified the IP/RN of the above findings and concerns regarding HA and CNA#2 about handwashing. The IP/RN stated that it was not appropriate what the CNA and the HA performed during handwashing and will re-educate both staff about proper handwashing to wet hands first and it should be done for at least 20 seconds the hand scrubbing.
On 5/29/24 at 12:02 PM, the survey team met with the Licensed Nursing Home Administrator (LNHA), DON, [NAME] President of Clinical Services (VPoCS), and VP of Risk Management (VPoRM). The surveyor discussed the above concerns regarding hand hygiene.
A review of the facility's Handwashing/Hand Hygiene Policy with a review date of 5/01/24 that was provided by the VPoCS included that the facility considers hand hygiene the primary means to prevent the spread of infections. Use an ABHR; or, alternatively, soap and water for the following situations: before and after direct contact with residents; before donning gloves; before moving from a contaminated body site to a clean body site during resident care; after removing PPE; before and after handling food; and before and after assisting a resident with meals.
Washing hands: wet hands first with water, then apply an amount of product recommended by the manufacturer to hands, rub hands together vigorously for at least 20 seconds, covering all surfaces of the hands and fingers
On 5/30/24 at 11:59 AM, the survey team met with the LNHA, DON, VPoRM, and VPoCS. There was no further information provided by the facility management.
NJAC 8:39-19.4(a)(1)
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Free from Abuse/Neglect
(Tag F0600)
Could have caused harm · This affected most or all residents
Based on observation, interview, record review and review of pertinent facility documents, it was determined that the facility failed to ensure that a resident was free from alleged abuse. This defici...
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Based on observation, interview, record review and review of pertinent facility documents, it was determined that the facility failed to ensure that a resident was free from alleged abuse. This deficient practice occurred for one (1) of four (4) residents reviewed for abuse (Resident #6) and was evidenced by the following:
Refer to 610 F
On 5/21/24 at 11:04 AM, Resident #6 stated the following:
On 5/06/24 a phlebotomist and a Certified Nursing Assistant (CNA) held both of the residents arms down against the residents will to obtain blood work that the resident did not agree to. As a result the resident sustained bruises to both forearms. Resident #6 then stated that he/she was frustrated and she reported the incident to the facility (RN on duty) on the next day 5/07/24. The resident informed the surveyor that he/she had laboratory (lab) blood work drawn on 5/03/24 and wanted to know why he/she needed to have blood drawn again on 5/06/24.
On 5/22/24 at 9:30 AM, the surveyor again interviewed Resident #6, regarding the lab work drawn on 5/06/24. The resident stated that she had lab drawn on 5/03/24 and was not informed of the result. On 5/06/24, the phlebotomist came wanted to draw blood again. The resident refused. When Resident #6 inquired why blood had to be drawn again, the phlebotomist could not provide the rationale for the lab work. Resident #6 stated that he/she she did not agree to the blood being drawn again. The phlebotomist then asked the CNA to hold the resident's arms down for the blood work and the resident was screaming and was frustrated. After the blood work, he/she developed bruises to both forearms.
On 5/23/24 at 12:30 PM, the surveyor interviewed the Director of Nursing (DON) about the concerns that were reported by Resident #6. The DON stated that she was aware of the issue with the blood drawn on 5/06/24 and an incident report was generated. The DON added that she did not investigate the issue because she knew what happened and confirmed it was not reported to the New Jersey Department of Health (NJDOH) until after surveyor inquiry on 5/23/24.
On 5/23/24 at 12:41 PM, the DON provided the Incident/Accident (I/A) Report. According to the I/A Report provided dated 5/07/24 timed 5:00 PM, there was a diagram that indicated bruises on the forearms. A Registered Nurse (RN) documented on 5/07/24, Resident #6 stated on 5/07/24 that the bruise happened when the CNA assisted with lab work on 5/06/24. The Interdisciplinary notes dated 5/08/24 indicated the following: Resident #6 stated that their arm was held tight while lab work was being drawn. The line of the tourniquet could be seen on bilateral arms (2 days later on 5/08/24). Monitor for worsening. Educate technician.
A review of the Progress Notes dated 5/07/24 revealed that the resident reported the incident to to the RN on 5/07/24. The Resident Representative visited the resident on 5/11/24, observed the bruises and reported it to the administrative staff. The resident reported the alleged incident to the Licensed Social Worker (LSW) on 5/16/24. The LSW informed the facility and reported the incident to the DON on 5/16/24.
There was no investigation of the alleged abuse and it was not reported to the NJDOH until 5/23/24. The facility did not initiate an investigation even after the incident was reported on 5/07/24, 5/11/24 and 5/16/24. The CNA was not asked to provide a statement regarding the incident. The phlebotomist was not contacted and did not have a statement attached to the I/A Report provided dated 5/07/24. There was no documented evidence that the phlebotomist was educated as stated in the Interdisciplinary Notes dated 5/08/24.
On 5/23/24 at 01:14 PM, the surveyor interviewed the DON in the presence of the survey team regarding the allegations of abuse made by Resident #6 to the surveyor. The DON stated that she was already aware of the bruises on the bilateral arms. The DON stated that the incident actually took place on 5/06/24. The DON confirmed that an investigation had not yet been started (17 days later).
On 5/28/24 at 12:23 PM, the surveyor interviewed the CNA who the resident alleged held their arms down for the blood work. The CNA denied that she held Resident #6's arms down for blood work on 5/06/24. The CNA stated that she requested not to be assigned to Resident #6.
There was no evidence that the facility provided regarding the phlebotomist was in-serviced on abuse or had reported the incident to the lab.
On 5/28/24 at 02:30 PM, the DON provided the surveyor with the investigation summary and conclusion. A statement from Resident #6 dated 5/23/24 (17 days after the incident occurred) which documented that both the phlebotomist and the CNA held Resident #6's arms down to draw blood. The statement from the phlebotomist was dated 5/24/24 (18 days after the incident) and indicated that the resident was being aggressive and the Phlebotomist asked the CNA to help. An undated statement from the RN indicated that she heard the Resident #6 screaming and she went to the room while the blood work was being drawn. A statement dated 5/24/24 from the CNA, that was already in the room, and documented that she heard the resident asking why he/she had to have blood drawn again. The resident was screaming and she came to calm the resident.
Further review of the above information, the facility did not investigate timely or report the incident to the NJDOH as required as revealed by the Long Term Care Reportable Event Summary was completed on 5/23/24 after the surveyor inquiry, 15 days later after the facility was made aware of the incident.
On 5/29/24 at 12:41 PM, the surveyor interviewed the LSW. The LSW stated that Resident #6 reported the incident on 5/16/24 and she stated she was not made aware of aware of any prior allegations against staff.
A review of the facility's Abuse Investigation and Reporting Policy that was provided by the [NAME] President of Risk Management (VPoRM) included the procedures that should have been followed for an investigation as follows:
The Policy Dated: 05/01/24 revealed:
Intent: All reports of resident abuse, neglect, exploitation, misappropriation of resident property, mistreatment and/or injuries of unknown source (abuse) shall be promptly reported to local, state and federal agencies (as defined by current regulations) and thoroughly investigated by facility management. Findings of abuse investigations will also be reported.
Procedure:
Role of the Administrator:
1. If an incident or suspected incident of resident abuse, mistreatment, neglect or injury of unknown source is reported, the Administrator will assign the investigation to an appropriate individual.
2. The Administrator will provide any supporting documents relative to the alleged incident to the person in charge of the investigation.
3. The Administrator will keep the resident and his/her representative (sponsor) informed of the progress of the investigation.
4. The Administrator will suspend immediately any employee who has been accused of resident abuse, pending the outcome of the investigation.
5. The Administrator will ensure that any further potential abuse, neglect, exploitation or mistreatment is prevented.
On 5/31/24 at 11:56 AM, the survey team met with Licensed Nursing Home Administrator, DON, [NAME] President of Clinical Services, VPoRM, Administrator In Training, and Infection Preventionist/Registered Nurse. There was no additional information provided by the facility management.
NJAC 8:39-4.1(a)(5)
CONCERN
(F)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Abuse Prevention Policies
(Tag F0607)
Could have caused harm · This affected most or all residents
Complaint #NJ171307
Based on interview, record review and review of pertinent documents, it was determined that the facility failed to develop comprehensive policies and consistently implement procedu...
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Complaint #NJ171307
Based on interview, record review and review of pertinent documents, it was determined that the facility failed to develop comprehensive policies and consistently implement procedures to prevent and investigate abuse by failing to ensure: a) a system was in place to pre-screen contracted staff timely and provide training on the current facility abuse policies, b) all residents who may have been abused were identified and a documented system was in place to rule out abuse, c) all involved persons, including potential witnesses, were identified, and a documented interview was completed per facility policy, and d) a system was in place to ensure a complete and thorough investigation occurred and was documented. This deficient practice occurred for two (2) of two (2) residents (Resident #42 and #85) who alleged sexual abuse by a contracted certified nurse aide.
This deficient practice was evidenced by the following:
Refer to 610F
On 5/22/24 at 10:40 AM, the Licensed Nursing Home Administrator (LNHA) provided the survey team with the Abuse Prohibition Policy and Procedures that was required as part of the entrance documents provided by the facility. The unsigned document, contained 19 unnumbered pages, included, but was not limited to the following:
-Freedom from Abuse, Neglect, and Exploitation Policy/Procedure, dated 6/01/23.
Intent: The facility will develop and operationalize policies and procedures for screening and training employees, protection of residents and for the prevention, identification, investigation, and reporting of abuse, neglect, mistreatment, and misappropriation of property; to include the use of physical and or chemical restraints. The purpose is to assure that the facility is doing all that is within its control to prevent occurrences.
Procedure:
This policy will include:
1. Free from Abuse and Neglect.
2. Free from Misappropriation/Exploitation.
3. Free from Involuntary Seclusion.
4. Right to be Free from Physical Restraints.
5. Right to be Free from Chemical Restraints.
6. Not Employ/Engage Staff with Adverse Actions.
7. Develop/Implement Abuse/Neglect, etc. Policies.
8. Reporting of Reasonable Suspicion of a Crime.
9. Reporting of Alleged Violations.
10. Investigate/Prevent/Correct Alleged Violation.
-The next page revealed Subject: Freedom from Abuse, Neglect, Misappropriation, Exploitation with the same Intent. Procedure:
1. The resident has the right to be free from abuse, neglect, misappropriation of resident property and exploitation as defined in this subpart. This includes but is not limited to freedom from corporal punishment, or involuntary seclusion. [The remainder of the page was left blank and there was no documented process or procedure].
-Another page revealed the Subject: Freedom from Abuse, Neglect, etc. and had the same Intent.
Procedure:
1. The facility will develop and implement written and policies and procedures that: a. Prohibit and prevent abuse, neglect, and exploitation of resident and misappropriate of resident property. b. Establish policies and procedures to investigate any such allegations, and c. Include training. [The remainder of the page was left blank and there was no documented process or procedure].
-Another page revealed the Subject: Reporting of Reasonable Suspicion of a Crime and Alleged Violations and had the same Intent.
Procedure:
. 4. In response to allegations of abuse, neglect, exploitation, or mistreatment, the facility will: a. Have evidence that all alleged violations are thoroughly investigated. b. Prevent further potential abuse, neglect, exploitation, or mistreatment while the investigation is in progress. c. Report the results of all investigation to the administrator or his or her designated representative and to other officials in accordance with State Law .
9. The facility Risk Manager or Designee will be responsible for the Form completion when a staff member does not complete one and will also be responsible for the investigation and documentation of final findings. The document did not specify procedures to follow to screen contracted employees, educate contracted employees, identify, and protect other residents that may have been abused when an allegation of abuse was made, and what specific procedures were to be followed to conduct a thorough investigation.
A review of a Reportable Event Record (RER) that had been submitted to the Department of Health (DOH) by the facility Director of Nursing (DON) on 02/09/24 at 12:34 PM revealed:
Type of Incident: Staff- to- Resident Abuse.
Narrative: Resident #85 stated private part was washed roughly by the nursing assistant who got him/her ready for bed on Saturday evening 02/03/24. Resident #85 stated heard Resident #42, speaking in a foreign language and stated the same thing and that's why he/she reported this issue today 02/08/24. Resident #42, upon interview [untimed] stated that during care a few days ago, a [color] male nursing assistant with curly hair entered the room, took the resident do the bathroom and put his mouth on [genital organ].
What interventions were implemented after the incident:
Both residents were interviewed and total body assessment were completed immediately. Family and physicians were notified. Police Department was notified. Investigation on going.
The undated Investigation Summary submitted by the facility revealed:
Investigation:
On 02/08/24, Resident #85 reported to the nurse on duty, that he/she did not like the way the male nursing assistant who provided care on Saturday evening and washed his/her private part. The nurse informed the DON who went to further interview Resident #85. Resident #85 stated that on 02/03/24 the aide was washing his/her private area kind of in a rough manner.
Resident #85 stated that on 02/03/24, heard Resident #42 talking in a [foreign language] in the hallway about the same thing.
DON and a [foreign language] speaking staff interviewed Resident #42.
Resident #42 explained maybe two nights before, around midnight, a male went into his/her room, led to the bathroom and while in the bathroom, the aide put his mouth on his/her [genital organ].
Resident #42 stated that he/she told his/her family member (FM). About the incident.
The DON placed a call to the FM.
The involved Certified Nurse Aide (CNA) was interviewed and denied the accusation. The CNA stated he was assisting Resident #42 to the toilet when the FM arrived at the floor, the CNA left when FM entered the room.
Both patients were interviewed by the Police.
The roommate of Resident # 85 was present in the room during all interactions and denied seeing or hearing any incidents.
Both Residents had complete skin assessment and no injuries noted.
Summary/Conclusion:
-The Allegation was Unsubstantiated.
-According to the staff, Resident #42's FM visited right when the CNA was with Resident #42 and entered the room before the CNA left.
-The CNA stated he only assisted the patient at that time before his/her FM visited and that the FM met the CNA in the bathroom with the resident when he was sitting Resident #42 down on the toilet and left the resident in the care of the FM.
- All alert and oriented patients on the unit who were cared for by the employee were interviewed and did not report any concerns.
Interventions:
-Both Resident #42 and #85 were educated on reporting incidents immediately.
-FM was educated on reporting incidents regardless of the patients' cognition or description of the incident.
-Both patients were assessed, complete body assessment was done with no abnormalities noted.
-Both patients were referred for psychology consult for emotional support.
-Incident reported to the Ombudsman.
-The employee was an agency staff; he was suspended immediately pending the investigation and will not return.
On 5/23/24 at 10:30 AM, the surveyor reviewed the electronic Medical Record (eMR) for Resident #85 as follows:
The admission Record (AR, or face sheet, an admission summary) revealed diagnoses which included, but were not limited to; type 2 diabetes, Parkinson's Disease and major depressive disorder.
A review of the 22-page current Care Plan (CP) with a target date of 7/19/24 and including resolved items, did not reveal a Focus related to the allegation of sexual abuse that occurred on 02/03/24 and was reported on 02/08/24.
The multi-disciplinary progress notes (PN) from 01/29/24 through 02/26/24 did not show a nurses note or physician documentation related to the allegation of sexual abuse that occurred on 02/03/24 and was reported on 02/08/24. A physical, psychosocial or any other type of assessment related to the allegation of sexual abuse was not located in the eMR or paper medical record.
The most recent Annual Minimum Data Set (MDS), an assessment tool used to facilitate the management of care, indicated the resident scored a 14/15 on the brief interview for mental status (BIMS) which indicated the resident was cognitively intact.
A review of Resident #42's EMR showed the following:
The AR had diagnoses that included, but were not limited to, major depression disorder and unspecified dementia.
The current 21-Page CP, including resolved items, and had a target date of 6/07/24, did not show a Focus related to the allegation of sexual abuse that occurred on 02/03/24 and was reported on 02/08/24.
Reviewed all interdisciplinary PN from 02/02/24 through 02/20/24 which did not reveal a nurses note or physician documentation related to the allegation of sexual abuse that occurred on 02/03/24 and was reported on 02/08/24. A physical, psychosocial or any other type of assessment related to the allegation of sexual abuse was not located in the eMR or paper medical record.
A review of the most recent Quarterly MDS indicated the resident scored a 9/15 on the BIMS which indicated the resident was moderately cognitively impaired.
On 5/28/24 at 9:20 AM, the [NAME] President of Risk Management (VPoRM) provided the surveyor with what he stated was the completed facility investigation and provided the RER. The surveyor then requested all documents from the DON, in the presence of the VPoRM regarding statements and any investigative documents reviewed. The DON pointed to her type-written summary and stated, those were the statements.
On 5/28/24 at 10:30 AM, the surveyor asked the Licensed Nursing Home Administrator (LNHA) what the process was regarding hiring agency staff and educating them on abuse. The LNHA stated, the agency staff had an orientation and was in-serviced by the DON and the process was the same as for a new employee. The process was the same for all new employees and stated was not sure of the process. The surveyor asked if the abuse policy that was provided was the only facility abuse policy and the LNHA stated he will look for any other specific abuse policy.
On 5/28/24 at 11:10 AM, the surveyor interviewed the Director of Social Services (DSS) who stated she had been at the facility for three months. She stated she was the Grievance Officer. The surveyor asked what the protocol for abuse was. She stated if she received an allegation of abuse she would inform the LNHA and DON. She stated she interviewed residents and family and would document in the grievance book.
At that same time, the surveyor asked the DSS if she had a grievance for abuse from Resident #85 and #42 and she stated, not that she was aware of. The surveyor asked what constituted abuse and the DSS stated if a resident felt they were touched inappropriately, or any signs of bruises that she would interview the resident and anyone involved. The surveyor asked if there was a process for the investigation and she stated she would look for it.
On 5/28/24 at 11:32 AM, the survey team met with the LNHA, DON, [NAME] President of Clinical Services (VPoCS) and VPoRM. The surveyor asked if there was anything that was provided as guidance to staff regarding what was supposed to completed when an allegation of abuse occurred. At that time, when asked about the investigation related to Resident #85 and #42, the DON confirmed there were no other individual statements taken from any other residents. The LNHA then confirmed he did not review the investigation as he was not at the facility during that time.
A review of the facility provided investigation revealed there were two statements attached, one untimed statement from the accused CNA, dated 02/08/24 and another document with a typed statement, undated and untimed. There were no assessments, interviews from other staff, residents, the FM or any of the alleged documents referenced per the RER, and there were no attached police reports. The education for the CNA that was attached to the facility provided investigation included a copy of an abuse policy from a completely different facility located in another town and did not have the same company name.
On 5/28/24 at 01:01 PM, the VPoRM provided a second abuse policy titled, Abuse Investigation and Reporting Policy, dated 5/01/24 which included:
Intent: All reports of resident abuse, neglect, exploitation, misappropriation of resident property, mistreatment and/or injuries of unknown source (abuse) shall be promptly reported to local, state, and federal agencies (as defined by current regulations) and thoroughly investigated by facility management. Findings of abuse investigations will also be reported.
Procedure:
Role of the Administrator
1. If an incident or suspected incident of resident abuse, mistreatment, neglect, or injury of unknown source is reported, the Administrator will assign the investigation to an appropriate individual.
2. The Administrator will provide any supporting documents relative to the alleged incident to the person in charge of the investigation.
3. The Administrator will suspend immediately any employee who has been accursed of resident abuse, pending the outcome of the investigation.
5. The Administrator will ensure that any further potential abuse, neglect exploitation or mistreatment is prevented.
Role of the Investigator:
The individual conducting the investigation will, as a minimum.
-Review the completed documentation forms.
-Review the resident's medical record to determine events leading up to the incident.
- Interview the person(s) reporting the incident.
- Interview the resident.
-Interview other residents to who the accused employee provides care or services.
- Interview the residents's roommate, family members, and visitors.
The following guidelines will be used when conducting interviews: .
-Witness reports will be obtained in writing. Either the witness will write his/her statement and sign and date it, or the investigator may obtain a statement, read it back to the member and have him/her sign and date it.
On 5/29/24 at 12:52 PM, the above concerns were shared with the LNHA, DON, VPoCS and VPoRM and there was no additional information provided during the exit conference held on 05/31/24 at 11:56 AM.
NJAC 8:39-4.1(a)5
CONCERN
(F)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Investigate Abuse
(Tag F0610)
Could have caused harm · This affected most or all residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** 2. On 5/24/24 at 10:29 AM, the surveyor interviewed the Occupational Therapist (OT). The OT stated [he/she] recalled an incident...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** 2. On 5/24/24 at 10:29 AM, the surveyor interviewed the Occupational Therapist (OT). The OT stated [he/she] recalled an incident that happened on the second floor of the facility in the activity room/dining area. The OT stated the resident was seated in their wheelchair and the Director of Activities (DA) forcibly pulled the resident away from the table. The OT said it was on camera and the resident filed a complaint. The OT stated that was the last time [he/she] had seen the DA.
On 5/28/24 at 11:29 AM, the surveyor observed Resident #35 in their room watching television and socializing with her peer. Resident #35 was noted to be in their wheelchair and greeted the surveyor at the door and motioned for the surveyor to come in. The resident stated he/she had been at the facility for eight years.
On that same date and time, Resident #35 stated the DA was loud and inappropriate in her approach. Resident #35 stated that the DA wanted him/her to leave the room and the resident was not ready to. Resident #35 stated, I was pushed against my will, I told her to stop doing it and she kept doing it. The resident stated he/she reported it to administration and there were other people present but cannot remember who was there.
A review of the resident's most recent quarterly MDS dated [DATE] reflected that the resident had a BIMS score of 15 out of 15 indicating intact cognition.
A review of the Grievance/Complaint Investigation Report dated 5/24/23 revealed Resident #35 filed a grievance with the Assistant Director of Nursing (ADON). The section referencing to documentation of grievance/complaint, documentation of facility follow up and resolution of grievance/complaint read as followed:
-Describe concern briefly using factual terms: (attach resident/family concern form)?
The resident reported he/she was removed from the food committee group meeting by the DA when she asked to postpone the meeting when other departments could be present. Resident did not appreciate being spoken to in the matter she/he was.
-What other action to resolve concern (be specific)?
The DA was asked to be mindful of her tone of voice with the residents, as she may come as speaking to loudly and to utilize an approach to gently guide the resident(s) to another aspect or task within the current activity without making them feel interrupted or excluded.
-Was the grievance/complaint resolved?
Yes, the administrator and ADON informed the resident that the staff member was addressed regarding her approach with the resident. The resident was satisfied with the resolution.
A review of the attached paperwork to the Grievance/Complaint Investigation Report revealed a statement dated June 8, 2023 by the ADON. The statement read as followed.
Upon the beginning of afternoon rounds, I entered the second-floor day room and noticed the residents enjoying the activity being held. I approached the resident where he/she was noted to be participating. The resident explained there was a situation with the DA, where resident felt the DA was loud. I explained to the resident that the DA tends to be loud in nature at times which he/she understood. I assured the resident I would further be speaking to the DA to address resident's concerns. I further followed up with the DA regarding the resident's concern from the meeting. I addressed the concern of the resident perceiving her being loud, the DA agreed she would come to nursing leadership for further interventions when applicable. I returned to the resident and assured the resident I had resolved the matter with the DA. The resident was pleased with my intervention.
On 5/29/24 at 10:00 AM, the surveyor interviewed the LNHA in the presence of the survey team and the LNHA stated the DA was terminated shortly after, and the facility has no other statements to provide. The LNHA stated the facility does not have video footage of the incident and the surveillance was only kept for 24-48 hours.
On 5/29/24 at 11:04 AM, the surveyor interviewed the LNHA in the presence of the survey team. The surveyor asked the LNHA the steps the facility would take for a resident that complained about an abuse allegation. The LNHA stated they would send the person accused of abuse home, call the police, notify family, Ombudsman, and DOH. The LNHA further stated after notifying everyone, the facility would start to investigate, speak to the resident and any witnesses, and come to a conclusion.
On 5/30/24 at 12:41 PM, the surveyor interviewed the LNHA in the presence of the survey team. The LNHA stated Yes I learned and need to get statements moving forward. The LNHA stated we were missing statement, and the facility did not do a thorough investigation.
NJAC 8:39-4.1(a)5
2. The surveyor reviewed a Reportable Event Record (RER) that had been submitted to the Department of Health (DOH) by the facility DON on 02/09/24 at 12:34 PM revealed:
Today's date: 02/08/24
Date of Event: 02/08/24
Time of Event: 6:30 PM
Was this a significant event? Yes.
Type of Incident: Staff- to- Resident Abuse.
Narrative: Resident #85 stated private part was washed roughly by the nursing assistant who got the resident ready for bed on Saturday evening 02/03/24. Resident #85 stated heard Resident #42, speaking in a foreign language and stated the same thing and that's why he/she reported this issue today 02/08/24. Resident #42, upon interview [untimed] stated that during care a few days ago, a [color] male nursing assistant with curly hair entered the room, took the resident do the bathroom and put his mouth on [genital organ].
2. Prior to the event, was a plan of care developed that addressed this issue: No.
3. What interventions were implemented after the incident/event? For example, supervision, resident sent to hospital, CNA suspended. Please describe investigative findings/conclusions:
-Both residents were interviewed and total body assessment were completed immediately 02/08/24.
-Staff identified and was send home immediately.
-Family and physicians were notified.
-Police Department was notified. Investigation on going.
The undated Investigation Summary submitted by the facility revealed:
Investigation:
On 02/08/24, Resident #85 reported to the nurse on duty, that the resident did not like the way the male nursing assistant who provided care on Saturday evening and washed resident's private part. The nurse informed the DON who went to further interview Resident #85. Resident #85 stated that on 02/03/24 the aide was washing his/her private area kind of in a rough manner.
Resident #85 stated that on 02/03/24, heard Resident #42 talking in a [foreign language] in the hallway about the same thing. When Resident #85 was asked why did not report the incident sooner, resident stated it had been on resident's mind to report it but he/she did not.
DON and a [foreign language] speaking staff interviewed Resident #42.
Resident #42 explained maybe two nights before, around midnight, a male went into resident's room, led him/her to the bathroom and while in the bathroom, the aide put his mouth on his/her [genital organ].
Resident #42 stated that he/she told his/her family member (FM). About the incident who told the resident to let it go and stop talking about it.
The DON placed a call to the FM and asked why the FM did not report the incident. I did not know what to make of it, my [parent] is confused and has been upset about [spouse] being in the hospital and I thought that is what was bothering him/her, [parent] is very private and does not want anyone to care for him/her
The involved CNA#3 was interviewed and denied the accusation. CNA#3 stated he was assisting Resident #42 to the toilet when the FM arrived at the floor, the CNA left when FM entered the room.
Both residents were interviewed by the Police.
The roommate of Resident # 85 was present in the room during all interactions and denied seeing or hearing any incidents.
Both Residents had complete skin assessment and no injuries noted.
Summary/Conclusion:
-The Allegation was Unsubstantiated.
-According to the staff, Resident #42's FM visited right when CNA#3 was with Resident #42 and entered the room before the CNA left.
-CNA#3 stated he only assisted the resident at that time before his/her FM visited and that the FM met the CNA in the bathroom with the resident when he was sitting Resident #42 down on the toilet and left the resident in the care of the FM.
- All alert and oriented patients on the unit who were cared for by the employee were interviewed and did not report any concerns.
Interventions:
-Both Residents #42 and #85 were educated on reporting incidents immediately.
-FM was educated on reporting incidents regardless of the residents' cognition or description of the incident.
-Both residents were assessed, complete body assessment was done with no abnormalities noted.
-Both residents were referred for psychology consult for emotional support.
-Incident reported to the Ombudsman.
-The employee was an agency staff; he was suspended immediately pending the investigation and will not return.
On 5/23/24 at 10:30 AM, the surveyor reviewed the electronic Medical Record (eMR) for both residents to determine compliance with the investigation submitted by the DON.
Resident #85's AR revealed diagnoses which included, but were not limited to; type 2 diabetes, Parkinson's Disease and major depressive disorder.
A review of the 22-page current CP with a target date of 7/19/24 and including resolved items, did not reveal a Focus related to the allegation of sexual abuse that occurred on 02/03/24 and was reported on 02/08/24.
A review of the multi-disciplinary PN from 01/29/24 through 02/26/24 did not reveal a nurses note or physician documentation related to the allegation of sexual abuse that occurred on 02/03/24 and was reported on 02/08/24. A physical, psychosocial or any other type of assessment related to the allegation of sexual abuse was not located in the eMR or paper medical record. There was no assessment and complete body assessment completed and documented as per the facility documented interventions. There was no psychology consult for emotional support documented in the medical record and as per the facility documented interventions.
The most recent Annual MDS of Resident #85 indicated a BIMS score of 14 out of 15 that showed resident was cognitively intact.
On 5/28/24 at 8:20 AM, the surveyor conducted an interview with Resident #85 while the resident was in the room eating breakfast. The surveyor asked the resident about any concerns that occurred with any staff. Resident #85 stated, a CNA touched him/her in the private area inappropriately and stated the CNA did it when he was getting Resident #85 ready for bed.
Furthermore, Resident #85 stated the same day a few hours later, the resident overheard Resident #42 stating the same CNA touched Resident #42 touched him/her inappropriately and Resident #85 reported it 1-2 days later. Resident #85 confirmed the police came and interviewed Resident #85. When asked about the roommate being present at the time, Resident #85 stated the curtain was drawn.
On 5/28/24 at 8:53 AM, the surveyor requested, from the Licensed Nursing Home Administrator (LNHA) and the [NAME] President of Risk Management (VPoRM) the investigations related to Resident #42 and Resident #85's allegations of abuse and specifically requested the documents in their entirety, including any statements and any documents utilized to complete the investigation and completed because of the investigation.
On 5/28/24 at 9:20 AM, the VPoRM provided the surveyor with, what he confirmed, was the completed facility investigation. The surveyor initially reviewed the documents which included one document titled Witness Statement from the accused CNA#3, and a type written undated document. The surveyor again requested all documents from the DON, in the presence of the VPoRM regarding statements and any investigative documents that were reviewed to determine the conclusion of the investigation. The DON pointed to her type-written summary and stated, those were the statements.
On 5/28/24 at 9:35 AM the DON, in the presence of the survey team, stated that the two documents provided, one titled Witness Statement and the other untitled document were the only separate statements as part of the investigation. The surveyor asked why the typed statement was not dated and she stated, it was a mistake. The surveyor requested the information when the accused CNA#3 worked and requested the time punch logs. The surveyor asked the DON about any assessments that were completed as alleged and the DON stated, that usually when we do a regular body assessment, we put a note in the [eMR].
At that time, the surveyor notified the DON that there were no documented assessments in the eMR and she did not provide any assessments for any other residents that may have been affected or the alleged victims. The DON stated, if it is not there, then I did not do it. The surveyor asked the DON when the accused CNA#3 provided a statement, and the DON stated he was asked to come in to only fill out a statement and she will look for additional documents related to the investigation.
A further review of the facility provided investigation revealed the following documents:
-A copy of a police officer's card (there were no police reports included in the investigation). The surveyor requested a copy of the police reports from the VPoRM as the facility confirmed they never requested the reports.
- The RER
- A handwritten Witness Statement Date of Incident: [Left Blank]; Time of Incident: [Left Blank]; Date and Shift of Witness Involvement: 7-3; Job Title: CNA#3; Please describe what happened in detail: The bed alarm went off for [Resident #42's room] so I went to check since [CNA #4] was with another resident. I took [him/her] to bathroom when [he/she] asked me when I arrived to [his/her] room. The FM came into the bathroom while I was sitting the resident down. I then left and the FM was going to help [Resident #42] afterwards. [Resident #42] then came a couple of hours later exclaiming that I did inappropriate things to [him/her]. I informed nurse and the family when they came back. Signed by CNA#3, Date Completed: 02/08/24.
- A type written document, undated and signed by [CNA #4] revealed: I was assigned to Resident #42 for the shift; while I was assisting another patient (also known as resident) next door, the other CNA came to me to tell me that Resident #42 needed help. I asked him to go help the resident as I was busy. When I came out of the other patient's room, I saw the FM of Resident #42 in the hallway and he/she asked me where Resident #42 was and I told FM they took him/her to the bathroom; the FM opened the bathroom door to check on the resident and I saw CNA#3 leaving the room. After a while, the FM left, Resident #42 was saying no good, no good, but when I asked [him/her] what happened [he/she] did not say anything. I helped the nurse take Resident #42 back to their room. The document was signed and undated.
There was no documented statement from Resident #42 or the roommate, Resident #85, the FM, nurse, or any other staff or residents who may have been a witness.
The Investigation Summary:
On 02/08/24, Resident #85 reported to the nurse on duty, that he/she did not like the way the male nursing assistant who provided care on Saturday evening and washed his/her private part. The nurse informed the DON who went to further interview Resident #85.
Resident #85 stated that on 02/03/24 CNA#3 approached him/her and asked if the resident was ready to be washed for bed. Resident #85 stated that CNA#3 washed him/her, felt was washing his/her private area kind of in a rough manner. No documented statements from the nurse on duty or the DON were included and no statements were obtained from any other staff or residents cared by CNA#3 .
Resident #85 stated that on 02/03/24, heard Resident #42 talking in a [foreign language] in the hallway about the same thing. When Resident #85 was asked why did not report the incident sooner, resident stated it had been on resident's mind to report it but he/she did not.
DON and a [foreign language] speaking staff interviewed Resident #42. There was no statement included in the investigation from the DON or foreign speaking staff.
Resident #42 explained maybe two nights before, around midnight, a male went into resident's room, a male with a lot of hair, medium built-in stature, led the resident to the bathroom and while in the bathroom, the aide put his mouth on resident's [genital organ]. There were no additional details included in the description as to what was provided to the DOH, and there were no documented statements from Resident #42.
When the DON asked Resident #42 what the resident did about it and why the resident did not report it. Resident #42 stated he/she chased CNA#3 out of the bathroom and told the FM who then told him/her to let it go and stop talking about it.
There was no additional information added from the DOH submission and no documented statements included.
The DON placed a call to the FM.
The FM explained that visited Resident #42 multiple times that day and spoke to Resident #42 who then told the FM what happened.
The DON placed a call to the FM and asked why the FM did not report the incident. I did not know what to make of it, my [parent] is confused and has been upset about [spouse] being in the hospital and I thought that is what was bothering him/her, [parent] is very private and does not want anyone to care for him/her.
DON educated FM to immediately report any incidents.
The involved CNA#3 was interviewed and denied the accusation. CNA#3 stated he was assisting Resident #42 to the toilet when the FM arrived at the floor, the CNA left when FM entered the room. The documented Witness Statement from the CNA differs from this account and from CNA #4's documented statement and was not further investigated.
CNA #4, the assigned CNA stated that the FM spent some time with Resident #42, then left with no issues. CNA #4 stated that sometime later after the FM left, she saw Resident #42 in the hallway upset saying no good but was redirected back to resident's room.
A Nurse on duty stated that the FM visited multiple times during the shift. She stated that nothing was reported to her at that time and the FM left. There was no statement included from the nurse in the investigation.
Both residents were interviewed by the police department:
Resident #85 reported to the police, in the presence of the DON, that felt as if washed roughly. Resident #85 told the officer that reported the incident because Resident #42 said the same thing in a foreign language.
Resident #42 repeated the same thing he told the DON to the officer.
The roommate of Resident # 85 was present in the room during all interactions and denied seeing or hearing any incidents.
Both Residents had complete skin assessment and no injuries noted.
Summary/Conclusion:
(Differed from the original that indicated the allegations were unsubstantiated.)
The facility could not conclude whether the nursing assistant did put his mouth on Resident #42's genital, or whether CNA#3 roughly washed or fondled Resident #85.
According to the staff, the FM visited right when the nursing assistant was with the resident and entered the room before the staff left.
CNA#3 stated that he only assisted the patient at that time before the FM visited and that the FM met him/her right when he/she was sitting him/her down on the toilet; and that he left the patient in the care of the FM.
The resident's FM stated that Resident #42 did not tell him/her about the incident when visiting and met him/her in the bathroom, until the FM came back later about 8-8:30 PM.
All alert and oriented residents on the unit who were care for by the employee were interviewed and did not report any concern with regards to him rendering care.
On 5/28/24 at 10:04 AM, the surveyor asked the DON, who was looking through documents in her office, about any additional investigation documents including statements and the DON stated she will continue to look and asked Human Resources for the punch in and out logs for CNA#3. The DON stated, if she did not have anything else she would let the surveyor know.
On 5/28/24 at 10:21 AM, the DON stated she cannot locate any other documents.
On 5/28/24 at 10:30 AM, the LNHA provided the dates CNA#3 worked at the facility which included the following dates and punch in and out times:
1. 01/28/24- 7:26 AM-3:09 PM
2. 01/28/24- 3:09 PM-10:55 PM
3. 02/03/24- 3:10 PM-10:51 PM
4. 02/04/24- 7:13 AM-3:00 PM
5. 02/04/24-3:00 PM -10 (area x)
6. 02/06/24-8:38 AM-3:11 PM
7. 02/06/24- 3:13 PM-10:41 PM
8. 02/08/24- 8:42 AM-3:02 PM
On 5/28/24 at 11:10 AM, the surveyor interviewed the Director of Social Services (DSS) who stated she had been at the facility for three months. She stated she was the Grievance Officer. The surveyor asked what the protocol for abuse was. She stated if she received an allegation of abuse, she would inform the LNHA and DON. She stated she interviewed residents and family and would document in the grievance book.
On that same date and time, the surveyor asked the DSS if she had a grievance for abuse from Resident #85 and #42 and she stated, not that she was aware of. The surveyor asked what constituted abuse and she stated if a resident felt they were touched inappropriately, or any signs of bruises that she would interview the resident and anyone involved. The surveyor asked if there was a process for the investigation and she stated she would look for it.
On 5/28/24 at 11:20 AM (Resident #85) and 01:01 PM (Resident # 42), the VPoRM provided copies of two police reports which he obtained from the police department. The repots both revealed the DON reported the allegations on 02/09/24 at 9:07 AM. The Investigation Report for Resident #42 detailed a narrative and the officer interviewed the resident (DON not indicated as present for this interview as documented in the summary) and the report documented . the CNA escorted the resident to the bathroom, began to fondle his/her genitals and performed [inappropriate sexual action] on Resident #85 .The narrative for Resident #42 documented . that after the resident heard the account being yelled by Resident #85, he/she informed the staff the he/she was sexually assaulted on 02/03/24 by the same CNA (DON not indicated as present for this interview as documented in the summary) . Resident #42 was escorted to the bathroom by CNA#3, washed genitals, and fondled his/her genitals and then told CNA#3 to stop .
On 5/28/24 11:32 AM, the survey team met with the LNHA, DON, [NAME] President of Clinical Services (VPoCS) and VPoRM. The surveyor asked if there was anything that provided guidance to staff regarding what is supposed to be completed in the event of an allegation of abuse. At that time, when asked about the investigation related to Resident #85 and #42, the DON confirmed there were no other individual statements taken from any other residents and the LNHA confirmed he did not review the investigation.
On 5/28/24 at 11:35 AM the surveyor, asked the DON where the supporting documents regarding any interviews of any other residents and any other supporting documentation regarding the investigations. The DON stated I included what I had, everyone that was able to tell me, but only the alert and oriented residents could give me a statement and I did not go to the non-alert residents that could not speak. The
At that same time, the LNHA stated we go to the oriented person first, and asked staff if they saw something. The LNHA did not explain why there were no documented interviews or assessments completed with other residents and why non-alert residents were not assessed. The DON then stated, she spoke to residents as soon as she found out and it was not documented.
On 5/28/24 at 11:50 AM, in the presence of the survey team, the surveyor asked the LNHA about who was responsible to ensure an investigation was completed and he confirmed that he was responsible for the overall process and ensuring the statements were completed. The DON stated, it was just the two CNA's, the one involved and the other one.
On 5/28/24 at 12:27 PM, the surveyor interviewed the FM of Resident #42, in the presence of the survey team, regarding the incident. The FM stated the resident told him/her that the nurse did something to me, he put is mouth on [private area]. The FM also stated that other staff, including a nurse, informed the FM what happened with Resident #42 and CNA#3. The FM also stated that Resident #42 informed his/her spouse about what happened. When the surveyor asked the FM if he/she was ever asked to document a statement, the FM responded, never. The FM also remembered speaking with the CNA who told the FM that Resident #42 stated to him, that he did not touched Resident #42.
On 5/28/24 at 01:01 PM, the VPoRM provided a second abuse policy stated it included the procedures that should have been followed for the investigation. At that time, the surveyor requested the assignments sheets from the VPoRM for CNA#3 for the days he worked when the allegation occurred. The VPoRM stated, that would need to be researched and the VPoRM confirmed the assignment sheets were not part of the investigation.
The policy titled, Abuse Investigation and Reporting Policy, dated 05/01/24 which revealed:
Intent: All reports of resident abuse, neglect, exploitation, misappropriation of resident property, mistreatment and/or injuries of unknown source (abuse) shall be promptly reported to local, state, and federal agencies (as defined by current regulations) and thoroughly investigated by facility management. Findings of abuse investigations will also be reported.
Procedure:
Role of the Administrator
1. If an incident or suspected incident of resident abuse, mistreatment, neglect, or injury of unknown source is reported, the Administrator will assign the investigation to an appropriate individual.
2. The Administrator will provide any supporting documents relative to the alleged incident to the person in charge of the investigation.
3. The Administrator will suspend immediately any employee who has been accused of resident abuse, pending the outcome of the investigation.
5. The Administrator will ensure that any further potential abuse, neglect exploitation or mistreatment is prevented.
Role of the Investigator:
The individual conducting the investigation will, as a minimum.
-Review the completed documentation forms.
-Review the resident's medical record to determine events leading up to the incident.
- Interview the person(s) reporting the incident.
- Interview the resident.
-Interview other residents to who the accused employee provides care or services.
- Interview the residents' s roommate, family members, and visitors.
The following guidelines will be used when conducting interviews: .
-Witness reports will be obtained in writing. Either the witness will write his/her statement and sign and date it, or the investigator may obtain a statement, read it back to the member and have him/her sign and date it.
On 5/28/24 at 02:15 PM, the LNHA, upon inquiry by surveyor provided a copy of an invoice from the Staffing Agency that CNA#3 was sent home early and does not indicate the exact time on 02/08/24.
On 5/29/24 at 12:52 PM, the above concerns were shared with the LNHA, DON, VPoCS and VPoRM and there was no additional information provided during the exit held conference on 05/31/24 at 11:56 AM.
Complaint #NJ164582, NJ169759, and NJ171307
Based on observations, interviews, record review and review of other facility pertinent documents, it was determined the the facility failed to complete and document a thorough investigation: a) to determine the origin for bilateral bruises to a resident's (Resident #6) arms, b) after receiving an allegation of two residents who were sexually abused by a staff member (Resident #42 and Resident #85), and c) an allegation of physical abuse (Resident #35). This deficient practice was identified for four (4) of four (4) residents reviewed for abuse and evidenced by the following:
1. On 5/21/24 at 10:15 AM, the surveyor observed Resident #6 in bed. The resident informed the surveyor that resident had an issue that he/she would like to discuss after breakfast.
On that same date at 11:05 AM, the surveyor returned to Resident #6's room. The resident explained to the surveyor that he/she had some bruises to the bilateral arms that the resident obtained during blood drawn. The resident stated that the laboratory (lab) technician had Certified Nursing Assistant #1 (CNA#1) holding the resident's down for blood work on 5/06/24. Resident #6 further stated that he/she attempted to explain that he/she had blood drawn on 5/03/24 and would like to know why blood work had to be drawn again the morning of 5/06/24. Instead of providing the rationale for the blood work, the lab technician ordered the CNA to hold the resident down for the blood work.
Furthermore, the resident stated that the Registered Nurse (RN) on duty that day heard them screaming and was mad at them for screaming. The RN did not explain why blood had be drawn this morning again on 5/06/24. Resident #6 stated that he/she was frustrated, upset and all bruised and sore, and the resident reported the incident. Resident #6 further stated that the resident had been on Eliquis (a blood thinner) and never had this issue before.
The surveyor reviewed the medical record of Resident #6.
The admission Record (AR, or face sheet, an admission summary) indicated that Resident #6 was admitted to the facility with diagnoses which included, but were not limited to chronic kidney disease, difficulty in walking, need for assistance with personal care.
The Quarterly Minimum Data Set (MDS), an assessment tool used to facilitate the management of care, dated 02/09/24 revealed that Resident #6 had a Brief Interview for Mental Status (BIMS) score 11 out of 15 indicative of moderate cognitive impairment. The MDS of the resident showed that the resident was able to make his/her needs known.
The comprehensive Care Plan (CP) with a Focus for potential impairment in skin integrity was initiated on 5/16/24. The CP did not have a Focus which indicated that the resident was combative with care and staff needed to hold the hands down for blood work.
A review of the nurses's progress notes (PN) dated 5/07/24 timed 6:35 PM. The RN documented: Noticed bruises on bilateral arms of the resident. Left Arm: 14 centimeter (cm) x 8 cm. Right arm: 9 cm x 6 cm. Dark purplish in color. Not in pain. Mild swelling on right arm. No changes in Range of Motion (ROM). Resident said, It probably happen during lab drawn yesterday referring to 5/06/24 and a CNA was assisting to stabilize the arms. Resident Representative and Nurse Practitioner (NP) made aware.
On 5/21/24 at 11:50 AM, the surveyor interviewed the RN who wrote the progress note dated 5/07/24. The nurse confirmed that he noted the bruises,took pictures, measured the bruises and generated the incident report. The RN stated that the incident was reported to the administrative staff.
On 5/23/24 at 11:14 AM, during an interview with the CNA involved with the incident, she revealed that Resident#6 gets frustrated [TRUNCATED]
CONCERN
(F)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Quality of Care
(Tag F0684)
Could have caused harm · This affected most or all residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Complaint # NJ162913
Based on observation, interview, and record review, it was determined that the facility failed to a.) ensur...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Complaint # NJ162913
Based on observation, interview, and record review, it was determined that the facility failed to a.) ensure there was no delay in addressing laboratory (lab) values in a timely manner for two (2) of two (2) residents (Resident #6 and #109), b.) notify the physician of the the change in condition generated by a [health alert system] for three (3) of three (3) residents (Residents #6, #109, and #330), c.) monitor the skin, specifically the arm of Resident #109, who had a known behavior of scratching, and d.) provide wound care in accordance with professional standards of practice.
This deficient practice was evidenced by the following:
Reference: New Jersey Statutes, Annotated Title 45, Chapter 11. Nursing Board. The Nurse Practice Act for the state of New Jersey states: The practice of nursing as a registered professional nurse is defined as diagnosing and treating human responses to actual or potential physical and emotional health problems, through such services as case finding, health teaching, health counseling and provision of care supportive to or restorative of life and wellbeing, and executing medical regimes as prescribed by a licensed or otherwise legally authorized physician or dentist.
Reference: New Jersey Statutes, Annotated Title 45, Chapter 11. Nursing Board. The Nurse Practice Act for the state of New Jersey states: The practice of nursing as a licensed practical nurse is defined as performing tasks and responsibilities within the framework of case finding, reinforcing the patient and family teaching program through health teaching, health counseling and provision of supportive and restorative care, under the direction of a registered nurse or licensed or otherwise legally authorized physician or dentist.
1. On 5/21/24 at 10:04 AM, the surveyor observed Resident #109 seated in the room. The surveyor observed some bruising to the right eyebrow and a non adherent dressing to left upper arm. The resident was unable to participate in an interview.
On 5/22/24 at 10:43 AM, the surveyor observed the resident sitting in the room.
The electronic Medical Record (eMR) was then reviewed which revealed that the resident had sustained multiple falls at the facility and that Resident #109 was a high fall risk.
On 5/23/24 at 8:40 AM, the surveyor observed the resident in bed, and at 9:44 AM, the surveyor observed the resident sitting in a wheelchair in the room and was eating breakfast.
The surveyor again reviewed Resident #109's eMR which revealed:
The admission Record (AR, or face sheet, an admission summary) reflected that Resident #109 was admitted to the facility with diagnoses which included, but was not limited to; other abnormality of gait and mobility, unspecified Dementia and mood disturbances.
The Annual and the Significant Change Minimum Data Set (MDS), an assessment tool used to facilitate the management of care, respectively dated 02/20/24 and 02/29/24, indicated that Resident #109 scored 01/15 on the Brief Interview for Mental Status (BIMS) indicating severe cognitive impairment.
Review of a Nursing Progress Note (PN) dated 5/20/24 at 01:22 PM, indicated that Resident #109 had a skin tear to right arm with skin breakage with clear drainage and small, reported from scratching. Injury cleaned with saline and bordered gauze dressing applied for protection.
On 5/22/24 at 23:07 the nurse documented: Skin issue # 001 Needs Review. Issue type: Bruising . Location right upper arm.
#002 Needs review Issue type Laceration. Right upper arm.
#003 Needs Review Issue Type: Laceration. Location: Right anterior elbow.
Skin is fragile: redness noted to bilateral hands., and full thickness wound to right upper arm.
Another entry dated 5/22/24 time 11:39 PM indicated the following:
Foul odor and slough noted to wound right upper arm, endorse to night nurse to follow up with wound care nurse.
Further review of the medical record revealed there was no documentation regarding the wound to indicate any follow up was completed. A review of the Physician PN did not reflect evidence that the attending Physician was aware of the resident's right upper arm wound having a foul smell. There was no documented evidence that the skin issue was addressed with the Physician. The facility did not alert the Physician of the change in condition regarding the redness on both hands and the full thickness wound to the right upper arm. The area was not measured.
The PN of 5/23/24 timed 3:13 PM revealed: [health alert system] (remote patient monitoring device placed within a detectable range of each patient that alerted the staff of any change in condition). Protocol Upon receiving the alert, the resident had to be assessed, vital signs had to be monitored every shift for 3 days, lab work, Comprehensive metabolic profile and and Complete Blood Count (CBC) had to be ordered. Staff were to monitor the lab result and alerted the Physician or the Assistant Physician Nurse (APN) of the result. Resident #109 had another [health alert system] alert on 5/23/24 at 21:50 [9:50 PM]. Laboratory blood drawn on 5/24/24 at 5:53 AM revealed a blood sugar of 61. Normal Range 65-99 mg/dl. The result was forwarded at 3:56 PM.
The surveyor reviewed the result on the eMR with the Infection Preventionist/Registered Nurse (IP/RN). Both the surveyor and the IP/RN noted that the result was marked as Not reviewed on 5/29/24. There was no documented evidence that the Physician was notified of the low blood sugar.
On 5/29/24 at 10:36 AM, during an interview with the Physician, he revealed that he was not informed of the low blood sugar or any change in condition regarding Resident #109. He acknowledged that he reviewed the lab result today 5/29/24 (5 days later).
2. The surveyor reviewed the medical records of Resident #6 as follows:
Resident #6 was admitted to the facility with diagnoses which included, but were not limited to chronic kidney disease, difficulty in walking, need for assistance with personal care.
The Quarterly MDS dated [DATE] revealed that Resident #6 had a BIMS score 11 out of 15 indicative of moderate cognitive impairment.
On 5/02/24 Resident #6 had a [health alert system] alert. The protocol was for a physical assessment to be done, vital signs and lab work to be completed and report any abnormal lab work to the Physician. Resident #6's blood work was collected on 5/03/24 at 11:47 AM. The result was available the same day at 9:39 PM. A potassium (electrolyte that helps with nerve function, muscle movement heartbeat regulation) level of 2.8 was detected. Normal range 3.4 -5.3 mMOL/Liter (millimoles per liter).
The facility did not checked the result or alert the Physician of the [health alert system] alert. The result status was checked and revealed that the blood work had not been reviewed as of 5/29/24 (26 days later).
On 5/29/24 at 9:15 AM, the surveyor interviewed the APN regarding the [health alert system] alert of 5/02/24 and the lab result of 5/03/24 with the low potassium level for Resident #6. The APN informed the surveyor that she was not made aware that Resident #6 had blood drawn on 5/03/24. Regarding the potassium level of 2.8, she informed the surveyor that she would have addressed it if she was was made aware.
On 5/29/24 at 10:36 AM, the surveyor interviewed the Physician in charge of Resident #6's care. The Physician stated that the [health alert system] alert was a good system that can alert of any change in condition and avoid hospitalization. However, the staff needs to communicate with the physician. The Physician stated that he was not made aware of the [health alert system] alert and the abnormal lab result. The physician stated that his expectations were the facility will either communicate with the physician or the APN any concerns regarding the resident.
3. On 5/23/24 the surveyor reviewed the closed medical record of Resident #330.
Resident # 330 was admitted to the facility with diagnoses which included but were not limited to; muscle wasting, dysphagia (problem with swallowing) and difficulty in walking.
The New Jersey Universal Transfer Form dated 02/20/23 reflected that Resident # 330 was admitted with one stage 2 pressure ulcer to the coccyx area measuring 1 centimeter (cm) x 1 cm x 0.2 cm. The admission record 02/14/23 contained an order to provide wound care every shift. Cover with layer of Xeroform, 2 x 2 gauze. Call wound care nurse for any changes in wound characteristics. Wound location: left lower Sacrum/ Coccyx. Wound type: Pressure Ulcer. Stage: Stage 3 or full thickness Cleanse with wound cleanser, apply venelex Change : Every shift. The physician order sheet dated 02/14/23, had an order for Resident #330 to be turned or repositioned every or within two hours of last turned.
The surveyor reviewed the PN and noted that staff documented that the resident was being turned and repositioned every 2 hours as ordered and that wound care was being done. The Braden Scale assessment dated [DATE] timed 01:29 AM, revealed that the resident was a high pressure ulcer risk and was constantly moist by perspiration or urine. Resident # 330 received a score of 10 indicative of high risk for pressure ulcer.
On 3/02/23 the Health Status Note dated 3/02/23 indicated that Resident #330 was seen by the Wound nurse and the wound treatment was changed from zinc oxide and replaced with Santyl a debrided agent. The electronic Treatment Administration Record (eTAR) was not signed to indicate that the wound care was being done from 3/03/23 to 3/16/23.
A skin check was ordered for every evening shift on Wednesday with a start date of 3/15/23. The skin checked was not signed as being done on 3/15/23. The eTAR revealed an order for Santyl external Ointment to apply to inner buttock every shift for pressure ulcer with a start date of 3/16/23. The eTAR was not initialed on 3/16/23, 3/17/23, 3/18/23, 3/21/23 and 3/23/23. The eTAR was left blank. There was no rationale to indicate why the wound care was not documented as completed on those five days.
On 3/16/23 timed 23:54 (11:54 PM), a new skin issue was identified. The Physician entered a late entry dated 3/20/23 timed 14:31 (02:31 PM), Resident was seen for Wound Consultation follow up for wound management of open wounds of bilateral gluteal region and erythematous rash with denudements was to sacrum and bilateral gluteal region:
-Wound (+) full-thickness of the left gluteal region, 0.6 centimeter (cm) x 3.0 cm.(merged site). Wound base with 50% yellow slough tissue and 50% granular tissue.
-Wound (+) full-thickness of the right gluteus/ gluteal region gluteal region 0.5 cm x 1.3 cm. wound base 100% yellow slough tissue.
-[plus sign] erythematous rash noted to the sacrum and bilateral gluteal region. denudes site of the left gluteal region measuring 1.5 x 1.0 cm. scant amount of drainage.
Plan discussed with primary Physician. If applicable, pressure Ulcer Care, Application of ointment.
A PN dated 3/24/23 timed 20:24 [8:24 PM], documented that the Resident Representative (RR) was upset over the worsening of the wound due to incontinence care not being provided in a timely manner. According to the documentation the wound care was not done as ordered. (The eTAR indicated that wound care was not completed on 3/16/23, 3/17/23, 3/18/23, 3/21 and 3/23/23.)
On 3/24/23 timed 20:24 the Licensed Practical Nurse (LPN) documented the responsible party (RP) came in very upset c/o [complain of] resident bottom getting worse within a two days period, saying Resident #330 not being changed in a timely manner. Resident sacral wound dressing was changed at 18:00 (6:00 PM). The morning nurse said she got busy and could not do the dressing.
An entry dated 3/25/23 timed 20:38 PM (8:38 PM), revealed that the Unit Nurse from the agency arrived to the floor at 7:45 PM and indicated that the RP was upset regarding the care. The nurse went to the 1st floor and observed two Certified Nursing Assistant (CNA) performing wound care to Resident #330's sacral wound. The Unit nurse was not on the floor at that time. The RP went to the Police Department and filed a complaint regarding the care. The RP took the resident home the same day at 8:57 PM.
The facility administration was interviewed and did not provide any documentation regarding the above documented concerns.
A review of the Certified Nursing Assistant Job Description under specified duties revealed the following Assists the resident in maintaining and improving function, encouraging independence whenever responsible for the Activities of Daily Living, and overall hygiene of the resident: baths, shampoos, shaves, nail care mouth care, foot care and peri-care per facility policy.
The job description did not indicate that CNA would perform wound care.
A review of the Registered Nurse (RN) Job description indicated the following:
As member of the Interdisciplinary team, the RN assumes responsibility and accountability for nursing services delivered to assigned residents of a designated unit for one shift. The RN provides direct care, administers treatments and medication, organize and distribute daily assignments to direct care staff consistent with staff competency and each individual resident's comprehensive resident assessment and plan of care. Supervises direct care staff and makes decisions about resident care needs during shifts concerning scope of clinical competence, consistent with facility policies and procedures. Ensures that Flow of Care is followed.
The Director of Nursing (DON) job description indicated that the DON assumes full time administrative and clinical authority for the delivery of nursing services in the facility. Manages employees in the provision of care and services according to professional standards of nursing practice, consistent with facility philosophy of care and state and federal laws and regulations. Develops and implements policies and procedures consistent with current law. In collaboration with the Nursing Home Administrator, allocates department resources in an efficient and economic manner to enable each resident to attain or maintain the highest practicable physical, mental and psychosocial well-being . Makes daily rounds on unit to supervise, observe, examine, interview residents, to evaluate staffing needs, to monitor regulatory compliance, to achieve the care environment and to evaluate staff interactions and clinical skills competency. Review 24 hours reports from every unit daily to ensure timely, effective responses to significant changes in condition, transfers, discharges, use of physical or chemical restraints, unexplained injuries, potential abuse or neglect, medication errors, loss of resident property, any evidence of resident or family dissatisfaction.
The DON could not comment on the documentation regarding Resident #330 as she was not employed at the facility when the incident occurred.
On 5/30/31 at 01:15 PM, the survey team met with the Licensed Nursing Home Administrator (LNHA), [NAME] President of Clinical Services, and [NAME] President of Risk Management. The administrative staff did not provide any rationale for not informing the Physician of the change in condition for both residents. The DON acknowledged that the nurse should have notified the Physician regarding the laboratory work result.
NJAC 8:39-27.1(a)
CONCERN
(F)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0725
(Tag F0725)
Could have caused harm · This affected most or all residents
Complaint #s NJ157563, NJ158377, NJ159018, NJ162913, NJ169759, and NJ173245
Based on observation, interview, record review and review of pertinent documentation, it was determined that the facility fa...
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Complaint #s NJ157563, NJ158377, NJ159018, NJ162913, NJ169759, and NJ173245
Based on observation, interview, record review and review of pertinent documentation, it was determined that the facility failed to provide sufficient nursing staff to ensure residents' were provided with care to achieve their highest practical wellbeing by failing to a.) provide adequate staff to ensure effective supervision and documentation for residents with multiple falls (Resident #89 and #109) for two (2) of four (4) residents reviewed for falls, and b.) maintain the required minimum direct care staff-to-resident ratios as mandated by the state of New Jersey.
This deficient practice was evidenced by the following:
Refer to F689H
1.) On 5/21/24 at 9:53 AM, Surveyor #1 (S#1) observed Resident #89 in the unit day room in a wheelchair (w/c) eating breakfast.
A review of the electronic medical record (eMR) revealed that Resident #89 had:
-falls: 02/09/24 and on 3/09/24 (fall with injury).
-Resident #89 was documented to have a Brief Interview for Mental Status (BIMS) score of 03 out of 15 which indicated severely impaired cognition.
Surveyor #1 reviewed the Incident/Accident (I/A) reports provided by the facility. The reports included but were not limited to the following:
Dated 02/09/24, unwitnessed fall with no injury. The investigation did not include all pertinent staff statements, left blank areas that should have been filled out, fall inspection report done asked for footwear wearing of the resident at the time of fall and was left blank. Interventions added: Head to toe assessment. The report did not include a summary or conclusion and was not signed by the Licensed Nursing Home Administrator (LNHA) or Director of Nursing (DON). The facility did not identify the hazards and risks why the resident fell in order to implement interventions to reduce hazards and risk and modify the interventions when necessary when the resident was cognitively impaired.
Dated 3/09/24, unwitnessed fall with no injury. Interventions added was left blank. Immediate interventions: Head to toe assessment, call bell within reach, patient educated to call for help. fall inspection report done. List of immediate interventions: head to toe assessment call bell within reach, patient educated to call for help. The report failed to identify the staff who found the resident on the floor.
On 5/24/24 at 10:13 AM, in the presence of the survey team, the DON stated that the Certified Nursing Aide (CNA) who wrote the statement on 3/09/24 incident was late and nurse who was administering medications was supposed to take of care of Resident #89. Surveyor #1 then asked the facility management, how the only nurse on that unit, at that time be assigned also perform resident care from 7 AM to 9 AM, and why there was no CNA assigned to the resident instead. The DON stated that the two other CNAs were aware that they would take care of the resident even though they were not assigned. The surveyor also asked who were the two other CNAs and why there were no statements from them. The DON was unable to state the names of the two other CNAs and stated that she had the documentation. The DON was unable to provide the documentation from the two CNAs for 3/09/24 incident.
On that same date and time, Surveyor #1 then asked the DON if the fall incidents on 02/09/24 and 3/09/24 were complete investigations. The DON stated, I did not write all the information and I should have went back and wrote in details.
On 5/29/24 at 10:15 AM, Surveyor #1 interviewed the [NAME] President of Risk Management (VPoRM) who provided a typewritten Investigation Summary and Conclusion dated 5/24/24 for the two falls: 02/09/24 and 3/09/24. The VPoRM stated in the presence of the survey team that the Investigation Summary and Conclusion were completed after surveyor's inquiry. He stated the team decided to meet on 5/24/24 after surveyor's inquiry, to re-evaluate the two fall incidents of the resident in order to know the root cause and analysis, identify appropriate interventions to prevent further fall because as the surveyor identified and questioned the fall intervention to remind the resident to call for help was not appropriate due to resident's cognitive impairment. He further stated that the facility team acknowledged the surveyor's concern as well as the concern that the investigation had no statements and conclusion and summary for one fall incident.
2.) On 5/21/24 at 10:04 AM, Surveyor #2 observed Resident #109 sitting in their room. The surveyor observed a bruise on the right eyebrow. The resident was unable to be interviewed.
On 5/22/24 at 10:43 AM, Surveyor #2 observed Resident #109 sitting in their room.
On 5/23/24 at 8:40 AM, Surveyor #2 observed Resident #109 in bed resting.
On 5/23/24 at 9:44 AM, Surveyor #2 observed Resident #109 in their room sitting in a w/c eating breakfast.
A review of the eMR revealed that Resident #109 had multiple falls as follows: 12/26/23, 02/02/24, 02/20/24 fall with injury, 3/07/24, 4/06/24, 4/13/24, 5/19/24, and 5/25/24 fall with injury.
Resident #109 was documented to have a BIMS of 01 out of 15 which indicated severely impaired cognition.
A review of the resident-centered on-going care plan included but was not limited to; interventions of educate the resident to ask for assistance, keep resident in supervised area as much as she will allow, ensure appropriate footwear when ambulating, review past falls and attempt to determine the cause, and supervision.
On 5/28/24 at 11:08 AM, during an interview with Surveyor #2, the Licensed Practical Nurse (LPN) revealed that the resident was identified for frequent falls. The LPN stated that the staff needed to monitor and keep Resident #109 close to the nursing station, furniture was removed from the room, and to provide frequent toileting.
On 5/29/24 at 11:21 AM, Surveyor #2 called the family member (FM) regarding the resident and the falls. The FM stated that the resident was sent to the hospital for repair of resident's shoulder. The shoulder was pretty messed up. The FM further stated that the resident was sent to the operating room, started bleeding, and passed away that morning.
3.) On 5/31/24 at 8:26 AM, S#1 asked LNHA to describe the Facility Assessment (FA) 3.2 and what it meant as stipulated in the FA the following: Based on your resident population and their needs for care and support, describe your general approach to staffing to ensure that you have sufficient staff to meet the needs of the residents at any given time. Based on resident census and acuities, staffing is assigned to ensure there is sufficient staff to meet the needs of the residents at any time. Position Nurse aides, total number needed or average or range 39, licensed nurses providing direct care total number needed or average or range 19. The LNHA responded that it meant that any given time, the facility was required to have total or average range of 39 CNA and 19 nurses.
On that same date and time, the LNHA stated that he was aware of the staffing requirements and the New Jersey (NJ) mandated law. He further stated that he was aware that there were times that the facility was not meeting the requirements and the mandated law.
4.) Review of the NJ Department of Health Long Term Care Assessment and Survey Program Nurse Staffing Report revealed the facility was deficient in CNA staffing as follows:
For the 2 weeks of staffing prior to survey from 05/05/2024 to 05/18/2024, the facility was deficient in CNA staffing for residents on 11 of 14 day shifts as follows:
-05/05/24 had 13 CNAs for 131 residents on the day shift, required at least 16 CNAs.
-05/06/24 had 14 CNAs for 131 residents on the day shift, required at least 16 CNAs.
-05/07/24 had 14 CNAs for 131 residents on the day shift, required at least 16 CNAs.
-05/08/24 had 14 CNAs for 131 residents on the day shift, required at least 16 CNAs.
-05/10/24 had 16 CNAs for 136 residents on the day shift, required at least 17 CNAs.
-05/12/24 had 15 CNAs for 132 residents on the day shift, required at least 16 CNAs.
-05/13/24 had 15 CNAs for 132 residents on the day shift, required at least 16 CNAs.
-05/14/24 had 15 CNAs for 132 residents on the day shift, required at least 16 CNAs.
-05/15/24 had 17 CNAs for 143 residents on the day shift, required at least 18 CNAs.
-05/16/24 had 16 CNAs for 143 residents on the day shift, required at least 18 CNAs.
-05/18/24 had 17 CNAs for 146 residents on the day shift, required at least 18 CNAs.
NJAC 8:39-4.1(a), 25.2(b), 27.1(a)
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Administration
(Tag F0835)
Could have caused harm · This affected most or all residents
Based on observation, interview, review of medical records, and other facility provided documents, it was determined that the facility administration failed to ensure policies, procedures, and effecti...
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Based on observation, interview, review of medical records, and other facility provided documents, it was determined that the facility administration failed to ensure policies, procedures, and effective systems were implemented to maintain each resident's highest practicable physical, mental, and psychosocial well-being by failing to ensure a.) resident was free from the alleged abuse, b.) a thorough investigation was completed for all alleged abuse and frequent falls with history of falls and fractures, c.) the physician was notified of the change in condition and the results of the blood work in a timely manner, and d.) staffing levels were adequate to meet resident needs. This failure had the potential to affect all 148 residents who currently live in the facility.
This deficient practice was evidenced by the following:
Refer to: F600F, F607F, F610F, F684F, F689H, and F725F
On 5/21/24 at 10:22 AM, the surveyor conducted an entrance conference with the Licensed Nursing Home Administrator (LNHA), Director of Nursing (DON), and [NAME] President of Clinical Services (VPoCS). The facility management informed the surveyor that the facility census (total number of residents) was 148.
On 5/23/24 at 12:30 PM, the surveyor interviewed the DON about the concerns that were reported by Resident #6. The DON stated that she was aware of the issue with the blood drawn on 5/06/24 and an incident report was generated. The DON added that she did not investigate the issue because she knew what happened and confirmed it was not reported to the New Jersey Department of Health (NJDOH) until after the surveyor's inquiry on 5/23/24.
There was no investigation of the alleged abuse and it was not reported to the NJDOH until 5/23/24. The facility did not initiate an investigation even after the incident was reported on 5/07/24, 5/11/24 and 5/16/24. The Certified Nursing Aide (CNA) was not asked to provide a statement regarding the incident. The phlebotomist was not contacted and did not have a statement attached to the Incident/Accident (I/A) Report provided dated 5/07/24. There was no documented evidence that the phlebotomist was educated as stated in the Interdisciplinary Notes dated 5/08/24.
On 5/23/24 at 12:50 PM, in the presence of the survey team, the DON provided the I/A report dated 5/07/24 and stated that all she had. The DON added that she knew what had happened, and the resident was alert and able to explain that the bruises were obtained during the blood drawing of Resident #6. The DON stated that she did not have an investigation. There were no other employee statements from the prior three shifts included in the I/A report provided. The I/A report included the CNA statement who worked and reported the bruises on 5/07/24 around 4:00 PM. There were no written statements obtained from the day shift staff involved with Resident #6's care.
On 5/28/24 at 10:31 AM, the surveyor interviewed the LNHA regarding I/A. The LNHA was unsure about the facility's policy and procedure with regard to the investigation of incidents.
On 5/28/24 at 11:32 AM, the survey team met with the LNHA, DON, VPoCS, and VP of Risk Management (VPoRM). The surveyor asked if there was anything that was provided as guidance to staff regarding what was supposed to be completed when an allegation of abuse occurred. At that time, when asked about the investigation related to Residents #85 and #42, the DON confirmed there were no other individual statements taken from any other residents. The LNHA then confirmed he did not review the investigation as he was not at the facility during that time.
A review of the facility provided investigation revealed there were two statements attached, one untimed statement from the accused CNA, dated 02/08/24, and another document with a typed statement, undated and untimed. There were no assessments, interviews from other staff, residents, facility management, or any of the alleged documents referenced per the incident, and there were no attached police reports. The education for the CNA that was attached to the facility-provided investigation included a copy of an abuse policy from a completely different facility located in another town and did not have the same company name.
On 5/28/24 at 11:50 AM, in the presence of the survey team, the surveyor asked the LNHA about who was responsible to ensure an investigation was completed and the LNHA confirmed that he was responsible for the overall process and ensuring the statements were completed.
On 5/29/24 at 9:15 AM, the surveyor interviewed the Assistant Physician Nurse (APN) in charge of Resident #6's care. The APN revealed that she was not made aware of the laboratory (lab) work being done on 5/03/24 and 5/06/24. The APN was made aware of the bruises on 5/08/24 and spoke with the nurse, who stated that the bruises were obtained during the lab being drawn.
On 5/30/24 at 11:59 AM, the survey team met with the LNHA, DON, VPoRM, and the VPoCS. The VPoCS stated that the nurse should have called the doctor at that time. The LNHA stated I know we should have done the whole investigation, and the statements but it was not done.
On 5/30/31 at 01:15 PM, the facility management did not provide any rationale for not informing the physician of the change in condition for both residents. The DON acknowledged that the nurse should have notified the physician regarding the lab work result.
On 5/31/24 at 8:09 AM, the surveyor interviewed the LNHA regarding the facility's Quality Assurance and Performance Improvement (QAPI). The surveyor discussed the concerns of the surveyors and asked the LNHA what areas in the surveyors identified concerns the facility was not able to identify from the facility's QAPI. The LNHA responded that the facility's investigation process was basically the more detailed documents process with proper outcome, how the facility investigated the incident, and who the facility spoke to.
At that same time, the surveyor asked the LNHA were those areas identified as concerns by the surveyors were the facility's process and policy. The LNHA stated, Yes this is our process and policy and should have happened but did not happen. He further stated that he should know those policies and procedures and the I/A that happened.
During the follow-up interview of the surveyor with the LNHA on 5/31/24 at 8:26 AM, the LNHA stated that he was aware of the requirement and NJ mandated law. He further stated that there were times when the facility was not meeting the requirements and the mandated law for staffing.
The signed LNHA Job Description, dated 6/06/22 revealed:
This position is responsible to establish and maintain systems that are efficient and effective to operate the nursing home in a manner to safely meets residents' needs in accordance with federal, state, and local regulations.
Essential Requirements, Duties, and Responsibilities (included and were not limited to):
Develop, maintain, and implement operational policies and procedures to meet residents' needs and compliance with federal, state, and local requirements.
Determine the personnel requirements of the facility in collaboration with Department Managers and the Human Resource Department and hire or arrange for sufficient staff to provide sound resident care and implement the facility policies and procedures.
Establish systems to enforce the facility policies and procedures.
Supervise the recruitment, employment, performance, evaluation, promotion, and discharge of all staff in collaboration with the Human Resources Department.
Inform appropriate agencies of changes in facility personnel as required.
Assume the responsibility of reviewing and evaluating all recommendations of the facility's committee and consultants.
Establish systems to ensure compliance with all federal, state, and local regulations.
Observe all facility policies and procedures.
A review of the facility's Abuse Investigation and Reporting Policy, dated 5/01/24 which revealed:
Intent: All reports of resident abuse, neglect, exploitation, misappropriation of resident property, mistreatment and/or injuries of unknown source (abuse) shall be promptly reported to local, state, and federal agencies (as defined by current regulations) and thoroughly investigated by facility management. Findings of abuse investigations will also be reported.
Procedure:
Role of the Administrator
1. If an incident or suspected incident of resident abuse, mistreatment, neglect, or injury of unknown source is reported, the Administrator will assign the investigation to an appropriate individual.
2. The Administrator will provide any supporting documents relative to the alleged incident to the person in charge of the investigation.
3. The Administrator will suspend immediately any employee who has been accused of resident abuse, pending the outcome of the investigation.
5. The Administrator will ensure that any further potential abuse, neglect exploitation or mistreatment is prevented.
NJAC 8:39- 5.1(a); 25.2(a)(b); 27.1(a); 33.1(d)(e)
MINOR
(C)
Minor Issue - procedural, no safety impact
Assessment Accuracy
(Tag F0641)
Minor procedural issue · This affected most or all residents
Based on the observation, interview, and review of pertinent facility documentation it was determined that the facility failed to accurately code the Minimum Data Set (MDS) for one (1) of the 32 resid...
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Based on the observation, interview, and review of pertinent facility documentation it was determined that the facility failed to accurately code the Minimum Data Set (MDS) for one (1) of the 32 residents reviewed, Resident #89.
This deficient practice was evidenced by the following:
On 5/21/24 at 9:53 AM, the surveyor observed Resident #89 in the unit day room in a wheelchair feeding themselves during breakfast.
The surveyor reviewed the hybrid (combination of paper and electronic) medical records of Resident #89 as follows:
According to the admission Record (admission summary), Resident #89 was admitted to the facility with a diagnosis that included but was not limited to dementia (group of thinking and social symptoms that interfere with daily functioning) in other diseases classified elsewhere, unspecified severity, with behavioral disturbance, Alzheimer's disease unspecified, other seizures (is a sudden, uncontrolled burst of electrical activity in the brain), and age-related osteoporosis (a condition in which bones become weak and brittle) without current pathological fracture.
A review of the Progress Notes (PN) included the following:
1. Effective date of 02/09/24 at 02:50 PM documented and electronically signed by Licensed Practical Nurse #1 (LPN#1) included that per the incoming nurse, the resident was lying on the floor unwitnessed and unable to recall what had happened. LPN#1 further documented that there were no injuries noted, a head-to-toe assessment was completed, a neuro (neurological) check was activated, physician and family were notified.
2. Effective date of 3/09/24 at 9:00 AM that was electronically signed by LPN#1 about the unwitnessed fall incident of Resident #89 with no injury.
3. Effective date 3/10/24 at 12:00 PM that was electronically signed by LPN#1 about s/p (status post) fall 3/09/24 that 11-7 shift nurse reported to LPN#1 that resident complained of pain on the right hip, the physician was made aware and ordered to send to hospital for further evaluation.
4. Effective date 3/10/24 at 7:30 PM that was electronically signed by LPN#1 that the resident returned from the hospital with a diagnosis of pelvic fracture (happens when there's a break in one or more of your bones that make up your pelvis) and that the responsible party was at the bedside.
The resident's Significant Change MDS (SCMDS), an assessment tool used to facilitate the management of care, with an assessment reference date (ARD) of 01/29/24 revealed in Section C Cognitive Status with a BIMS (Brief Interview for Mental Status) score of 4 which reflected that the resident's cognitive status was severely impaired. Section J Health Conditions of the SCMDS showed that the resident had no falls.
The SCMDS with an ARD of 3/18/24 indicated that the resident's BIMS score was 3, severely impaired cognition. Section J showed that the resident had one fall with a major injury.
Further review of the above MDS showed that the fall with no injury on 02/09/24 was not captured in the SCMDS ARD of 3/18/24.
On 5/23/24 at 10:34 AM, the surveyor interviewed the Registered Nurse/MDS Coordinator (RN/MDSC). The RN/MDSC informed the surveyor that the SCMDS ARD 3/18/24 did not capture the fall with no injury on 02/09/24 and it was missed.
On 5/24/24 at 10:13 AM, the survey team met with the [NAME] President of Clinical Services (VPoCS), Licensed Nursing Home Administrator (LNHA), and Director of Nursing (DON). The surveyor notified the facility management of the above concern with inaccurate MDS that did not capture the fall with no injury on 3/18/24 SCMDS. The VPoCS stated that it was important that the fall incident was captured in the MDS.
On 5/29/24 at 12:02 PM, the survey team met with the LNHA, DON, VPoCS, and VP of Risk Management. The facility management did not provide additional information.
NJAC 8:39-11.2(e)(1,2)