CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Abuse Prevention Policies
(Tag F0607)
Could have caused harm · This affected 1 resident
Based on interview and review of pertinent documentation provided by the facility it was determined that the facility failed to implement the facility's abuse policy to ensure licensed staff credentia...
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Based on interview and review of pertinent documentation provided by the facility it was determined that the facility failed to implement the facility's abuse policy to ensure licensed staff credentials were verified upon hire. This deficient practice was identified for six (6) of ten (10) newly hired staff reviewed, (Staff #1, #2, #6, #7 #8, and #9).
This deficient practice was evidenced by the following:
On 9/28/23 at 8:30 AM, the surveyor reviewed nine randomly selected new employee files for license verification which revealed the following:
Staff #1, a Certified Nursing Assistant (CNA), hired 10/24/21, had a New Jersey Department of Health (NJDOH) online Public Registry license verification printout (used to verify the status of a CNA's license and to check the nurse aide registry) which did not include the date that the verification was done.
Staff #2, a Physical Therapy Assistant (PTA), hired 12/20/21, had a New Jersey Division Consumer Affairs license verification printout (used to verify the status of a licensed professional other than a CNA) which had accurate as of December 22, 2021 2:48 PM. The date was two days after the date of hire.
Staff #6, a Licensed Practical Nurse (LPN), hired 7/12/21, had a New Jersey Division Consumer Affairs license verification printout which had accurate as of November 18, 2021 4:55 PM. The date was four months after the date of hire.
Staff #7, a Registered Nurse (RN), hired 01/26/23, had a New Jersey Division Consumer Affairs license verification printout which had accurate as of September 26, 2023 11:35 AM. The date was eight months after the date of hire.
Staff #8, a Certified Nursing Assistant (CNA), hired 7/26/22, had a NJDOH online Public Registry license verification printout that was dated 9/24/23 12:32 PM. The date was more than 1 year after the date of hire.
Staff #9, a Certified Nursing Assistant (CNA), hired 3/26/23, did not have a NJDOH online Public Registry license verification printout. There was no documented evidence that Staff #9's license was verified.
On 9/28/23 at 9:44 AM, the surveyor interviewed the Human Resource Director (HRD) regarding the process for license verification of newly hired employees. The HRD stated that after the employee was interviewed, she would do the license verification. The surveyor asked when the date of hire was. The HRD stated that the hire date was once they clear everything. She added all should be done prior to the hire date and that date was when the employee started on the floor even if they were only shadowing another employee.
On that same date and time, the surveyor asked when the HRD started at the facility. The HRD stated that she had started on 8/21/23. The surveyor asked the HRD if the employee files that were provided to the surveyor were the complete files. The HRD stated that she could not speak for someone else's work and that if the prior person went through her process that the files should be complete.
On 9/28/23 at 10:27 AM, in presence of another surveyor, the HRD confirmed that six of the nine employees did not have the license verification prior to date of hire.
On 9/28/23 at 11:47 AM, in the presence of the survey team, the surveyor notified the Licensed Nursing Home Administrator (LNHA) and Director of Nursing (DON) the concern that the employees did not have a license verification prior to date of hire.
On 9/28/23 at 11:58 AM, in the presence of the survey team and LNHA, the DON stated that the employees should have license verification before date of hire.
A review of the undated facility provided policy, titled New Hire and Onboarding Process included the following:
Prior to a start date:
Valid NJ State License (RN, LPN, C.N.A., etc.)
A review of the facility provided policy titled, Prohibition of Resident Abuse & Neglect dated 3/18/23, included the following:
Employee and Volunteer Screening
2. Inquiry of State Nurse Aide Registry for CNA applicants
3. Inquiry of licensing authorities for all licensed/certified positions .
N.J.A.C. 8:39-43.15(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 interviews, and review of the facility provided documents, it was determined that the facility failed to revise a care plan to address the discharge plan for one (1) of three (3) residents re...
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Based on interviews, and review of the facility provided documents, it was determined that the facility failed to revise a care plan to address the discharge plan for one (1) of three (3) residents reviewed for closed record, (Resident #90) reviewed for a comprehensive person-centered care plan.
This deficient practice was evidenced by the following:
The surveyor reviewed Resident #90's medical records.
The admission Record (or face sheet; an admission summary) revealed that the resident was admitted to the facility with diagnoses that included but were not limited to diffuse traumatic brain injury without loss of consciousness (following trauma, secondary diffuse brain injury), major depressive disorder, recurrent severe without psychotic features, chronic obstructive pulmonary disease unspecified (COPD; a group of lung diseases that block airflow and make it difficult to breathe), other seizures (caused by rapid and uncoordinated electrical firing in the brain), and anxiety (feeling of fear, dread, and uneasiness).
The admission Minimum Data Set (aMDS), an assessment tool used to facilitate the management of care, with an Assessment Reference Date (ARD) of 7/26/23 showed Section C Cognitive Patterns a Brief Interview for Mental Status (BIMS) score of 14 out of 15 which indicated that the resident's cognitive status was intact. The aMDS Section Q Participation in Assessment and Goal Setting revealed that the resident participated in the assessment and the resident's overall goal established during the assessment process that the resident expects to remain in the facility.
A review of the Progress Note (PN) dated 8/17/23 in the electronic medical record by Social Worker#1 (SW#1) revealed that the resident was cognitively intact and was able to make his/her needs known. In addition, the 8/17/23 PN included that the resident was a long-term care (LTC) resident and had plans to be discharged (d/c) to the community.
Further review of the 8/24/23 PN included that the resident came to SW#1 and communicated that the resident would like to be d/c next week. The SW also documented that SW to follow up and begin the d/c process.
The baseline care plan dated 7/20/23 in the electronic medical record showed that the initial admission/discharge goals were blank.
A review of the baseline care plan dated 8/16/23 revealed that the initial admission/discharge goal was to remain in the facility and that the discharge plans were not initiated.
Further review of the electronic medical record showed that the comprehensive personalized care plan did not include revision of the d/c care plan when the resident communicated to the SW on 8/17/23 and 8/24/23 that the previous plan for being a LTC resident was changed to be d/c to the community.
On 9/26/23 at 01:29 PM, the surveyor interviewed SW#2 who informed the surveyor that she replaced SW#1 and SW#2 started on September 21, 2023. SW#2 stated that discharge planning starts on admission and is documented in the baseline care plan within 48 to 72 hours upon admission and care plan revision as needed. She further stated that if there will be a change in the d/c plan, there should be an interdisciplinary (IDCP) meeting to make sure that the d/c plan is safe and care plan will be updated.
On 9/27/23 at 8:44 AM, the surveyor interviewed the Director of Nursing (DON) in the presence of another surveyor. The surveyor notified the DON of the above findings. The surveyor then asked the DON why the resident's care plan was not revised on two opportunities that the resident communicated on 8/17/23 and 8/24/23 his/her plan to be d/c to the community. The DON did not respond.
On 9/27/23 at 01:22 PM, the survey team met with the Licensed Nursing Home Administrator (LNHA) and the DON and notified them of the above findings.
A review of the facility's Discharge Planning Policy that was provided by the DON with a revised date of 3/29/23 included that Goal: the resident's needs pertaining to post-discharge care will be assessed upon admission. The IDCP team members will perform the assessment. A plan to meet these needs will be developed and interventions to meet specific discharge planning goals will be designed. The plan will be monitored and revised as necessary throughout the nursing home stay. Process: at the time of admission the following tasks will be accomplished by the following disciplines indicated if necessary. 1. Admissions will notify all departments of a resident's admission status, i.e. short -term or long-term. 2. IDCP team will meet within 72 hours after the admission of a short term resident to discuss placement status. Care plans will be written for each of the identified residents which shall include the problem, goals, and interventions.7. The discharge planning process will begin with the pre-admission screen review and the Therapy Discharge Planning Schedule which are communicated to the whole IDCP team.
A review of the facility's undated Interdisciplinary Care Planning Policy and Procedures that was provided by the LNHA included that it is the policy of this facility to establish an individualized interdisciplinary plan of care for each resident within seven days of completion of the MDS assessment. In addition, the IDCP must evaluate resident progress a minimum of quarterly or as required by changes in the resident's condition. Procedure: An interim plan of care that addresses the immediate care needs of the resident will be initiated by nursing on the day of admission. An interdisciplinary note will be completed at the conclusion of the care conference that provides the rationale for care plan decisions and will be signed by all in attendance. The IDCP team will assess each resident at a minimum of once every three months to determine if any changes are needed to the care plan of care. Since the care plan is a dynamic document, in the interim between quarterly reviews, the IDC team must revise problems, goals, and interventions in response to changes in the needs of residents.
On 9/28/23 at 01:30 PM, the survey team met with the LNHA, DON, and [NAME] President of Clinical Services for an Exit Conference and the facility did not refute findings. The facility management did not provide additional information.
NJAC 8:39-11.2 (e, 1)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0658
(Tag F0658)
Could have caused harm · This affected 1 resident
Based on observation, interview, record review and review of pertinent facility documentation, it was determined that the facility staff failed to follow a physician's order for one (1) of nineteen (1...
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Based on observation, interview, record review and review of pertinent facility documentation, it was determined that the facility staff failed to follow a physician's order for one (1) of nineteen (19) residents reviewed (Resident #5).
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 stated, 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 regimens 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 stated, 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.
On 9/20/23 at 11:20 AM, the surveyor observed Resident #5 seated in a wheelchair in the resident's room.
The surveyor reviewed Resident #5's medical record.
The admission Record (or face sheet; admission summary) indicated that the resident was admitted to the facility with medical diagnoses that included but were not limited to; schizophrenia (a disorder that affects a person's ability to think, feel, and behave clearly), acquired absence of left leg below knee (below knee amputation) and dementia (a condition characterized by progressive or persistent loss of intellectual functioning, especially with impairment of memory and abstract thinking, and often with personality change, resulting from organic disease of the brain).
The quarterly Minimum Data Set (qMDS), an assessment tool used to facilitate the management of care, dated 8/10/23, indicated a Brief Interview for Mental Status (BIMS) score of 15 out of 15, which reflected that the resident's cognition was intact. Further review of the qMDS indicated the resident received antipsychotic medication (also known as neuroleptics, are a class of psychotropic medication primarily used to manage psychosis, principally in schizophrenia but also in a range of other psychotic disorders).
A review of Resident #5's September 2023 Medication Administration Record (MAR) and Treatment Administration Record (TAR) included the following orders:
1. BEHAVIOR & INTERVENTION MONITORING
See Key
every shift for Monitoring BEHAVIOR(S) EXHIBITED:
0. NONE 1. Agitated 2. Anxious 3. Biting 4. Pacing 5. Crying 6. Screaming/Yelling 7. Hallucinations/Paranoia/Delusions 8. Insomnia 9. Striking out/hitting 10. Withdrawn-Order Date 11/04/2021 0021
Each shift for each day were signed by the nurse with a check mark which was not a symbol that was indicated in the key under the physician's order. The surveyor was unable to determine if the resident had any behaviors since the numbers that were indicated to use under the key were not used.
2. BEHAVIOR & INTERVENTION MONITORING
See Key
every shift Record Potential Side Effects:
0. None 1. Stiff Neck 2. Tremors 3. Confusion 4. Tardive Dyskinesia 5. Hypotension/Dizziness 6. Dehydration 7. Insomnia 8. Anxiety/ Agitation 9. Sedation 10. Appetite Changes-Order Date 11/04/2021 0021
Each shift for each day were signed by the nurse with a check mark which was not a symbol that was indicated in the key under the physician's order. The surveyor was unable to determine if the resident had any side effects to the medication they received since the numbers that were indicated to use under the key were not used.
The surveyor then reviewed Resident #5's June 2023, July 2023 and August 2023 MAR/TAR which indicated that the two orders for Behavior and Intervention Monitoring had a check mark for each shift of each day and not a number that was indicated in the key under the order.
On 9/20/23 at 11:49 AM, the surveyor interviewed the Licensed Practical Nurse (LPN) regarding a physician's order for behavior monitoring. The LPN stated that in the MAR/TAR there would be an order for the behavior monitoring and that there is a number for either no behavior or a behavior like agitation. The surveyor asked the LPN if there would be a check mark that the nurse puts on the MAR/TAR. The LPN stated that it would have a number and not a check mark.
On 9/20/23 at 01:25 PM, the surveyor interviewed the Director of Nursing (DON) regarding a physician's order for behavior monitoring. The DON stated that there is an order in the MAR/TAR and that the order had numbers equivalent to a behavior or none to indicate there was no behavior. The surveyor then asked the DON to view Resident #5's printed September 2023 MAR/TAR. The surveyor asked the DON if the check marks on the two orders were the correct way to document the behavior monitoring and side effect monitoring. The DON stated that she would get back to the surveyor and that it might be a glitch.
On 9/21/23 at 9:17 AM, the DON stated that there must have been a glitch in the computer system and that the system did not generate the number key for the two orders. The surveyor asked the DON who would view the MAR/TAR to do the monthly summary recap of behaviors. The DON stated that the Unit Manager (UM) would do the summary but that she was on vacation. The surveyor asked the DON what the process was for doing the monthly recap of behaviors. The DON stated that the UM would look at the resident's progress notes, talk to staff and look at the MAR/TAR. The surveyor asked the DON if the UM should have seen that the physician order was not followed prior to surveyor inquiry. The DON stated that the UM could have picked it up if she had looked at the MAR/TAR. The surveyor asked what the expectation was to see how many episodes a resident had a behavior. The DON stated that the expectation would be to look at the monthly MAR/TAR to count how many episodes of a behavior the resident had.
On 9/22/23 at 10:39 AM, in the presence of the survey team, the surveyor notified the Licensed Nursing Home Administrator and the DON the concern that Resident #5's physician's order for behavior monitoring and side effect monitoring was not followed as ordered.
On 9/27/23 at 01:43 PM, in the presence of the survey team and LNHA, the DON stated that Resident #5's physician's order was fixed in the computer system and that the error should have been picked up earlier.
A review of the facility provided policy titled Physician Medication Orders with a revised date of December 2020, did not include information regarding physician orders for behavior monitoring.
A review of the undated facility provided policy titled Behavior Assessment and Monitoring did not include information regarding following a physician's order for behavior monitoring on the MAR/TAR.
On 9/28/23 at 01:30 PM, the survey team met with the LNHA, DON, and [NAME] President of Clinical Services for an Exit Conference. The facility management did not provide additional information and did not refute findings.
N.J.A.C. 8:39-11.2 (b)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0661
(Tag F0661)
Could have caused harm · This affected 1 resident
Based on interviews, record review, and review of pertinent facility documentation, it was determined that the facility failed to ensure that: a) a physician order for discharge (d/c) was obtained for...
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Based on interviews, record review, and review of pertinent facility documentation, it was determined that the facility failed to ensure that: a) a physician order for discharge (d/c) was obtained for two (2) of two (2) residents (Resident #84 and #142) and b) d/c summary was completed by the physician for one (1) of two (2) residents who were transferred to another facility (Resident #142) reviewed for d/c.
This deficient practice was evidenced by the following:
1. The surveyor reviewed the medical records of Resident #84.
The admission Record (or AR; face sheet; an admission summary) reflected that the resident was admitted to the facility and had diagnoses that were not limited to malignant neoplasm of the pancreatic duct (most common malignant tumor of the pancreas), type two diabetes mellitus without complications (a chronic disease affecting blood glucose regulation), unspecified lack of coordination, and muscle weakness.
A review of the admission Minimum Data Set (aMDS), an assessment tool used to facilitate the management of care, with an Assessment Reference Date (ARD) of 8/13/23 Section C Cognitive Patterns and with a Brief Interview for Mental Status (BIMS) score of 10 out of 15, reflected that the resident's cognitive status was moderately impaired.
Further review of the most recent discharge return not anticipated MDS (DRNA/MDS) showed that Section A Identification Information included that the resident was d/c to another nursing home.
There was no physician order for the resident's transfer to another facility in the hybrid medical record (both electronic medical record (eMR) and the paper chart).
On 9/21/23 at 01:39 PM, the surveyor in the presence of the survey team, the surveyor notified the Licensed Nursing Home Administrator (LNHA) and the Director of Nursing (DON) of the concern that there was no physician order for transfer that was obtained for Resident #84. The DON verified and confirmed that there was no written and transcribed order for d/c to another facility on the hybrid medical records. The DON stated that there should be an order from the physician.
On 9/22/23 at 10:07 AM, the survey team met with the LNHA and the DON, and the surveyor notified the facility management of the above findings.
On 9/25/23 at 10:35 AM, the survey team met with the LNHA and the DON. The LNHA stated that Resident # 84 was still within 30 days for the physician to do a d/c summary but should have an order for transfer to another facility.
2. The surveyor reviewed the medical records of Resident #142.
The AR revealed that the resident was admitted to the facility with diagnoses that included but were not limited to chronic multifocal osteomyelitis (a disease that causes pain and damage in bones due to inflammation) right femur (right thigh bone), muscle weakness, anemia unspecified (when blood produces a lower-than-normal amount of healthy red blood cells), other abnormalities of gait and mobility.
The aMDS with an ARD of 8/02/23 showed a BIMS score of 15 out of 15 which indicated that the resident's cognitive status was intact.
Further review of the DRNA/MDS showed that Section A included that the resident was d/c to another nursing home.
There was no physician order for the resident's transfer to another facility in the hybrid medical records.
On 9/21/23 at 12:54 PM, the surveyor met with the DON and the LNHA in the presence of the survey team. The surveyor asked the facility management about the facility's process of discharging residents to another facility. The DON stated, that the nurse will call the doctor to get an order for the transfer to another facility, which should be transcribed to eMR the order for d/c. The DON further stated that the d/c summary was done by a physician, then a nurse will write when the resident was d/c on the date of d/c. The DON informed the surveyor that it was the physician's responsibility to write the summary of the resident's stay in the facility including the diagnosis and what was done to the resident at the facility.
On that same date and time, the DON stated that the physician should write the discharge summary at the time of discharge and shortly after. The DON further stated that the physician can write the order for d/c in either paper or electronic order.
At that same time, the DON checked and verified the hybrid medical records for the physician's d/c order and d/c summary. The DON confirmed that there was no order for transfer to another facility and no physician's discharge summary. Both the LNHA and the DON acknowledged that it should have been done.
A review of the facility's Discharge Planning Policy that was provided by the DON with a revised date of 3/29/23 included that Goal: the resident's needs pertaining to post-discharge care will be assessed upon admission. The IDCP team members will perform the assessment. A plan to meet these needs will be developed and interventions to meet specific d/c planning goals will be designed. The plan will be monitored and revised as necessary throughout the nursing home stay. Process: at the time of admission the following tasks will be accomplished by the following disciplines indicated if necessary. 1. Admissions will notify all departments of a resident's admission status, i.e. short -term or long-term. 2. IDCP team will meet within 72 hours after the admission of a short term resident to discuss placement status. Care plans will be written for each of the identified residents which shall include the problem, goals, and interventions.7. The discharge planning process will begin with the pre-admission screen review and the Therapy Discharge Planning Schedule which are communicated to the whole IDCP team. 9. The Physician Discharge Summary will be completed within thirty days are the resident has been permanently discharged from the facility.
On 9/28/23 at 01:30 PM, the survey team met with the LNHA, DON, and [NAME] President of Clinical Services for an Exit Conference. The facility management did not provide additional information and did not refute findings.
NJAC 8:9-36.1(b), (c)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0676
(Tag F0676)
Could have caused harm · This affected 1 resident
Based on observation, interview, and record review, it was determined that the facility failed to provide a communication device for a resident identified as having language barrier.
This deficient p...
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Based on observation, interview, and record review, it was determined that the facility failed to provide a communication device for a resident identified as having language barrier.
This deficient practice was identified for one (1) of one (1) resident (Resident #39) reviewed for language and communication deficits and was evidenced by the following:
On 9/18/23 at 10:54 AM, the surveyor observed the resident lying in bed, who waived to the surveyor. The surveyor observed the menu in the Resident's room was written in both English and Chinese. The English Activities Communication Calendar in Resident #39's room was dated September 2023, and the Chinese Activities Communication Calendar was dated June 2023.
On 9/18/23 at 12:08 PM, the surveyor called the family for interview and did not receive a response.
On 9/19/23 at 10:40 AM, the resident was observed lying in bed, waived to the surveyor and pulled the blanket over his/her shoulders.
The surveyor reviewed the medical records for Resident #39.
The resident's admission Record (an admission summary) reflected that Resident #39 was admitted to the facility with diagnoses that included but were not limited to chronic kidney disease, hypertension (high blood pressure), gastroesophageal reflux disease without esophagitis (acid reflux), atrial fibrillation (abnormal heart rhythm).
According to the quarterly Minimum Data Set, (qMDS), an assessment tool used to facilitate the management of care dated 7/27/23, with a Brief Interview for Mental Status score of 4 out of 15, indicating that the resident had a severely impaired cognition.
Further review of the qMDS section A. 1100 revealed the resident needed or wanted an interpreter to communicate with doctor or health care staff.
A review of the Care Plan (CP) included a focus that indicated the resident had a diagnosis of dementia initiated and revised on 12/10/23. The interventions included use brief/simple words, cues and/or statement when speaking with resident. Repeat as needed.
Further review of the CP reflected a focus that Resident #39 participated in daily activities provided, initiated on 6/07/21, and revised on 5/12/22. The interventions included, provide a monthly activity schedule initiated on 6/07/21, and revised on 5/12/22.
A review of the Form CMS-672 (a standard form from Centers for Medicare and Medicaid Services) submitted by the facility revealed under section F142 that there were Zero residents in the facility that utilized non-oral communication devices.
On 9/20/23 at 10:51 AM, the surveyor interviewed the Recreation Director (RD) who stated she had worked in the facility for five weeks but had over 20 years of experience. The RD explained that the activities for the English and Chinese speaking residents occurred simultaneously in the Dining area. Both programs followed the same calendar.
At that time, the RD informed the surveyor that the Activities Communication Calendars were posted every first of the month by her and her staff. The calendars were available in English and Chinese which were both placed in the Chinese speaking resident's rooms.
At that time, the RD stated the Recreation Aid who spoke Chinese would enter each of the Chinese speaking resident's room and remind the Resident of the day's activities schedule. My team and I would ask the resident if they will be attending.
On 9/20/23 at 11:43 AM, during a follow up interview with the surveyor, the RD stated she posted the calendars in each of the resident's room.
At that time, the surveyor and the RD entered Resident #39's room to review the calendars posted on the walls. The surveyor asked the RD to step outside the resident's room to discuss.
At that time, the RD confirmed the Activities Communication Calendar in English was dated September 2023, while the Chinese was dated June 2023.
At that time, the RD stated she missed it along with everyone else (recreation aid and nurses) who had the opportunity to observe it and missed it since June 2023. The RD stated that the accurate date [month] on the Activities Communication Calendar was important for the resident's reality orientation. It will take time to train.
On 9/22/23 at 10:09 AM, during a meeting with the survey team, the Licensed Nursing Home Administrator (LNHA) and the Director of Nursing (DON), the surveyor discussed the concerns regarding the two different dates for the Activities Communication Calendar for Resident #39, with the Chinese translated Activities calendar that was not updated since June 2003, and its possible effects on the residents time orientation and emotions.
On 9/25/23 at 10:36 AM, during a meeting with the survey team, and the DON, the LNHA stated an audit for the calendars were conducted, the calendar was replaced and a Quality Assurance and Performance for Improvement (QAPI; a data driven and proactive approach to quality improvement that included QA and Performance Improvement to ensure services are meeting quality standard and assuring care reached a certain level) was initiated after surveyor's inquiry.
A review of the facility provided policy Activity Program revised August 2006 included under Policy Statement, Activity programs designed to meet the needs of each resident are available on daily basis.
The Policy and Interpretation and Implementation included under section 6. Scheduled activities are posted on the resident bulletin board. Activity schedules are also provided individually to the residents who cannot access the bulletin board (e.g. Bed bound or visually impaired residents).
A review of the Recreation Director job description dated 9/21/23 included under Job Responsibilities and Standards section 8. Prepares and posts are written monthly activity schedule for their area, and section 13. Oversees the over-all performance of the recreation staff for this area.
On 9/28/23 at 01:30 PM, the survey team met with the LNHA, DON, and [NAME] President of Clinical Services for an Exit Conference. The facility management did not provide additional information and did not refute findings.
NJAC 8:39-27.1 (a)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Quality of Care
(Tag F0684)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on the interviews, review of the facility closed record, and the review of facility provided documents, it was determined ...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on the interviews, review of the facility closed record, and the review of facility provided documents, it was determined that the facility failed to: a) follow the physicians' orders for consultation for two (2) of 22 residents (Residents# 12 and #89) and b) ensure that the physician documented a recapitulation (a summary) of resident's stay at the facility and visit progress notes in accordance with the resident's care and professional standards of clinical practice for two (2) of 22 residents, (Residents#12 and #89) reviewed for quality of care and 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 and 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 regimens 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.
According to the N.J. Admin. Code § 8:85-2.3, Current through Register Vol. 54, No. 42, [DATE], Section 8:85-2.3 - Physician services included: 2. The attending physician shall also be responsible for initial and ongoing medical evaluation, as follows:
i. The medical assessment of the Medicaid beneficiary shall begin at the time of admission to a NF and shall be the foundation for the planning, implementation, and evaluation of medical services directed toward the care needs of the resident.
ii. The medical assessment shall consist of the complete, documented, and identifiable appraisal (from the time of admission to discharge) of the Medicaid beneficiary's current physical and psychosocial health status. The medical assessment shall be utilized to determine the existing and potential requirements of care. The evaluation of the data obtained from the medical assessment shall lead to the development of the medical services portion of the interdisciplinary care plan. The assessment data shall be available to all staff involved in the care of the resident.
iii. The tools utilized in the assessment process shall include a complete history and physical examination, eliciting medically defined conditions and prior medical history, admission form(s), transfer form(s), HSDP, and data from other members of the interdisciplinary team.
3. Physician progress notes shall:
i. Be maintained in accordance with accepted professional standards and practices as necessitated by the Medicaid beneficiary's medical condition;
ii. Be a legible, individualized summary of the Medicaid beneficiary's medical status and reflect current medical condition, including clinical signs and symptoms; significant change in physical or mental conditions; response to medications, treatments, and special therapies; indications of injury including the date, time and action taken; medical necessity for extent of change in the medical treatment plan; and
iii. Be written, signed, and dated at each visit.
1. The surveyor reviewed the medical records of Resident #12 as follows:
According to the admission Record (AR; or face sheet; an admission summary), Resident #12 was admitted to the facility with a diagnosis that was not limited to pneumonia (an infection that affects the lungs), chronic obstructive pulmonary disease (COPD; a chronic inflammatory lung disease that causes obstructed airflow from the lungs), heart failure (chronic condition in which the heart doesn't pump blood as well as it should), unspecified dementia, unspecified severity, without behavioral disturbance, psychotic disturbance, mood disturbance, and anxiety, and encounter for attention to gastrostomy (a tube inserted through the belly that brings nutrition directly to the stomach).
The most recent quarterly Minimum Data Set (qMDS), an assessment tool used to facilitate the management of care with an ARD (assessment reference date) of [DATE] on Section C Cognitive Patterns showed that the resident had a Brief Interview for Mental Status (BIMS) score of 00 out of 15 which reflected that the resident's cognitive status was severely impaired.
Further review of the MDS showed that the last MDS that was done for the resident on Section A Identification Information included that Resident #12 had an unplanned discharge to an acute hospital.
A review of the Physician's Orders (PO) dated [DATE] handwritten orders of the Medical Doctor (MD) showed an order for a GI (gastrointestinal) consult (in internal medicine who specializes in problems concerning your digestive tract) for anemia (a problem of not having enough healthy red blood cells or hemoglobin to carry oxygen to the body's tissues) to rule out (r/o) GI bleed and hematology consult for anemia.
There was a Report of Consultation dated [DATE] in the paper medical record that was signed by Nurse Practitioner#1 (NP#1) with the following information:
Report requested regarding: GI f/u (follow-up)
Signature of Attending Physician: blank
Findings: + (positive) abd (abdominal) bloating (a buildup of gas in the stomach and intestines)
Diagnosis: blank
Recommendations: bolus tube feed (type of feeding method using a syringe to deliver formula through a feeding tube) QID (four times a day), QID, if worsening pain, inform the clinic and will consider CT (computed tomography; combines a series of X-ray images taken from different angles around the body and uses a computer) abd.
Further review of the above [DATE] GI consult showed that the order on [DATE] of the MD for a GI consult for anemia to r/o GI bleed was not followed. In addition, the attending physician (or MD) did not sign the report of consultation and there was no diagnosis included.
Furthermore, there was no documentation that the [DATE] order for hematology consult was followed. There was no documentation as to why the order for a hematology consult was not followed.
Review of the hybrid medical records (a combination of paper, scanned, and computer-generated records) revealed that the MD's paper visit notes were filed in the closed record that was provided by the Licensed Nursing Home Administrator (LNHA), and the last notes was dated [DATE]. The MD's visit notes in the electronic medical record (eMR) were on [DATE]. There were no other visit notes from the MD after [DATE] and the next visit notes were on [DATE], [DATE], and [DATE]. MD had no visit notes or Progress Notes (PN) both in paper and eMR from [DATE] through [DATE].
The [DATE] MD's PN in the eMR did not include the required progress notes that shall be consistently maintained in accordance with accepted professional standards and practices that indicate the resident's medical condition; individualized summary of the resident's medical status and reflect current medical condition, including clinical signs and symptoms; a significant change in physical or mental conditions; response to medications, treatments, and special therapies; indications of injury including the date, time and action taken; medical necessity for the extent of change in the medical treatment plan.
Further review of the eMR revealed that NP#2 initial PN was on [DATE]. The succeeding PN in the eMR of NP#2 were on [DATE], [DATE], [DATE], [DATE], [DATE], and [DATE].
On [DATE] at 01:22 PM, the survey team met with the LNHA and the Director of Nursing (DON). The DON verified and checked that the hybrid medical records of the resident did not include the MD's visit and progress notes from [DATE] through [DATE]. The DON acknowledged that the MD's eMR notes were not in compliance with the facility's practice and regulations about documentation.
On that same date and time, the surveyor notified the above findings and concerns regarding the [DATE] MD's PO regarding GI and hematology consults.
On [DATE] at 11:29 AM, the survey team met with the LNHA and the DON. The DON stated that she called the Licensed Practical Nurse/Unit Manager (LPN/UM) and the LPN/UM stated that she did not recall the orders on [DATE] about the GI and hematology consults and that was why it was not done.
2. According to the AR, Resident #89 was admitted to the facility with a diagnosis that was not limited to encephalopathy unspecified (damage or disease that affects the brain), retention of urine unspecified, benign neoplasm of cerebral meninges (tumors that develop from the membrane (meninges) that covers the brain and spinal cord. They are the most common primary brain tumor in adults), major depressive disorder, and unspecified dementia without behavioral disturbance, psychotic disturbance, mood disturbance, and anxiety.
The most recent qMDS with an ARD of [DATE] on Section C showed that the resident had a BIMS score of 05 out of 15 which reflected that the resident's cognitive status was severely impaired.
Further review of the MDS showed that the last MDS that was done for the resident on Section A Identification Information included that Resident #89's discharge status was deceased .
A review of the resident's medical records revealed that there was no physician's recapitulation of the resident's stay after the resident expired at the facility.
The last PPNN in the eMR was dated [DATE] created and signed electronically by NP#2 which was a few weeks before the resident expired. There were no other documented notes from the MD and NP#2 after the [DATE] notes.
Further review of the medical records showed that the last monthly paper visit notes of the MD were on [DATE]. The eMR revealed that NP#2 started to document visit notes from [DATE] through [DATE]. Both the [DATE] MD visit notes and the [DATE] through [DATE] visit notes of the NP met the progress notes requirements according to the regulations and standard of practice.
There were succeeding PNs from the MD from [DATE] through [DATE] which did not consistently include requirements according to the regulations that the progress notes shall be maintained in accordance with accepted professional standards and practices as legible, individualized summary of the status and reflect current medical condition, including clinical signs and symptoms; a significant change in physical or mental conditions; response to medications, treatments, and special therapies; indications of injury including the date, time and action taken; medical necessity for the extent of change in the medical treatment plan; and be written, signed, and dated at each visit.
The PO dated [DATE] that was handwritten and signed by the MD included an order for a cardiology consult (responsible for providing a variety of cardiac health care treatment plans) for DVT (deep vein thrombosis; when a blood clot (thrombus) forms in one or more of the deep veins in the body, usually in the legs) and neurology consult (in the diagnosis and treatment of disorders of the brain, spinal cord, nerves, and muscles) for stroke (damage to the brain from interruption of its blood supply). The PO was part of the paper medical record that was provided to the surveyor for review by the LNHA.
Further review of the paper medical record revealed a PO dated [DATE] for a neurology consult for stroke that was handwritten and signed by MD.
A review of the eMR showed that there was an order from the MD on [DATE] for a cardiology consult for DVT and a neurology consult for stroke that was transcribed by Licensed Practical Nurse#1 (LPN#1).
A review of the PN in the eMR revealed the following:
1. [DATE] PN by the MD with a note text: leg pain, urgent venous doppler, urgent arterial doppler, blood test, cardiology consult, vascular consult, and neurology consult.
2. Late Entry for an effective date of [DATE] and created on [DATE] PN by the MD with a note text: saw the patient, vitals stable, order blood test, and continue current tx.
3. [DATE] PN by LPN#2 with a note text: MD in to see pt (patient) Neuro appt (appointment) requested.
Further review of the hybrid medical records showed that there was no documentation as to why the physician's order for cardiology and neurology consults was not followed.
On [DATE] at 01:40 PM, the surveyor notified the LNHA and the DON of the above findings.
On [DATE] at 10:35 AM, the survey team met with the LNHA and the DON. The LNHA stated that the MD should have documented within 30 days the recapitulation of the resident's stay in the facility and this should have been followed for all residents who were discharged (d/c) from the facility including Resident #89 who expired at the facility.
On [DATE] at 12:15 PM, the DON stated that the resident had to go out for the cardiologist and neurologist consults because. The DON confirmed after checking the medical records that there were no other cardiology and neurology consult notes except for [DATE] for cardiology and [DATE] for neurologist.
On that same date and time, the DON further stated that she did not know why the physician's order on [DATE] for cardiology and neurology consults and the [DATE] order for neurology consult was not followed.
On [DATE] at 9:26 AM, the surveyor interviewed the LNHA and the DON in the presence of the survey team. The LNHA acknowledged that the MD utilized hybrid medical records for visits and PN. The LNHA informed the surveyor that it was the facility practice and procedure that the physicians including the resident's MD to document visit notes in the eMR. Both the LNHA and the DON acknowledged that the eMR visit notes of the PMD should comply with the required documentation according to the regulation.
At that same time, both the DON and the LNHA acknowledged that the provided printed MD's visit notes from [DATE] through [DATE] after the surveyor's inquiry were not all reflective of what the PMD wrote in the eMR progress notes and there were discrepancies.
In addition, the DON stated that she followed up with the MD on his documentation when the resident expired. According to the DON, the MD informed her (DON) that he did not write a recapitulation summary for the resident who expired because the death certificate was his d/c summary. The DON further stated that she educated the MD about the recapitulation summary and that it should have been done for Resident #89.
A review of the provided QAPI (Quality Assurance Performance Improvement) that was provided by the [NAME] President of Clinical Services (VPoCS) dated [DATE] showed that the goal was that the attending MD will complete the resident's History and Physical in a timely manner as per regulations, NP will follow the resident plan of care at least monthly and/or as needed depending resident clinical status.
Further review of the above QAPI showed that the facility did not identify the surveyor's findings and concerns.
A review of the facility's Consultants Policy that was provided by the DON with a revised date of [DATE] included the goal that the facility uses outside resources to furnish specific services provided by the facility. Process: the facility may use needed outside resources to furnish specific services to residents and to the facility such personnel are employed on a consultant basis; consultant services may be utilized in the areas of physicians with specialties and radiologists and diagnostic; consultants provide the facility with written, dated and signed reports of each consultation visit such reports contain the consultant's recommendations, plan for implementation of his/her recommendations, findings, and plan for continued assessment.
On [DATE] at 01:30 PM, the survey team met with the LNHA, DON, and VPoCS. The facility management did not provide additional information and did not refute findings.
NJAC 8:39-27.1(a)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Accident Prevention
(Tag F0689)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interviews, record review and review of other pertinent facility provided documentation, the facility fail...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interviews, record review and review of other pertinent facility provided documentation, the facility failed to implement and document in the resident's care plan a new intervention after each fall in order to prevent any additional falls for one (1) of one (1) resident reviewed for falls (Resident #2).
This deficient practice was evidenced by the following:
On 9/18/23 at 11:09 AM, the surveyor observed Resident #2 seated in a wheelchair in the dayroom. Resident #2 did not speak English. The surveyor interviewed the resident via an interpreter that was an employee of the facility and the resident stated that he/she was very good.
The surveyor reviewed Resident #2's medical record.
The admission Record (or face sheet; admission summary) indicated that the resident was admitted to the facility with medical diagnoses that included but were not limited to; cerebrovascular disease (a term for conditions that affect blood flow to your brain), dementia (a condition characterized by progressive or persistent loss of intellectual functioning, especially with impairment of memory and abstract thinking, and often with personality change, resulting from organic disease of the brain) and dysphagia (difficulty or discomfort in swallowing).
Resident #2's significant change in status Minimum Data Set (MDS), an assessment tool used to facilitate the management of care, dated 7/29/23, indicated a Brief Interview for Mental Status (BIMS) score of 00 out of 15, which reflected that the resident's cognition was severely impaired. Resident #2's Discharge Return Anticipated MDS, dated [DATE] indicated the resident had one fall with major injury.
A review of Resident #2's individualized comprehensive care plan (CP) reflected a focused area with an initiated date of 12/18/20, at risk for falls due to Impaired balance/poor coordination, Unsteady gait; Fall on 11/10/2022; Fall on 11/11/2022; s/p fall 7/26 returned 7/26. The following interventions were included:
Encourage to transfer and change positions slowly
Date Initiated: 12/18/2020
Have commonly used articles within easy reach
Date Initiated: 12/18/2020
Keep rolling walker within reach
Date Initiated: 02/14/2023
Low bed
Date Initiated: 07/26/2023
Provide assistance to transfer and ambulate (walk) as needed
Date Initiated: 12/18/2020
Refer to the Therapy Plan of Treatment in the medical record for more detail
Date Initiated: 02/14/2023
Reinforce the need to call/ring for assistance
Date Initiated: 12/18/2020
Therapy evaluation and treatment as ordered
Date Initiated: 12/18/2020
Toileting schedule ac (before meals), hs (at bedtime) and prn (as needed)-assist to toilet
Date Initiated: 07/26/2023
Resolved interventions included:
RESOLVED: 7/11-close monitoring when in room
Date Initiated: 07/19/2022
Resolved Date: 05/05/2023
RESOLVED: Bed placed against wall for safety
Date Initiated: 05/08/2023
Resolved Date: 08/04/2023
RESOLVED: Reinforce wheelchair safety as needed such as locking brakes
Date Initiated: 12/18/2020
Resolved Date: 02/14/2023
Further review of the CP showed that there were no new interventions implemented on or around the fall of 11/10/22 and 11/11/22.
On 9/19/23 at 11:49 AM, the surveyor asked the Licensed Nursing Home Administrator (LNHA) for incidents or investigations that occurred for Resident #2 during the last year.
On 9/20/23 at 10:06 AM, the surveyor interviewed Resident #2's assigned Licensed Practical Nurse (LPN) regarding the process after a resident had a fall. The LPN stated that after the resident was assessed for any injury and family and physician was notified, an incident report is done. She added that an investigation is done if the fall was unwitnessed and if it was witnessed ask the person what caused the fall.
On that same date and time, the surveyor asked if a new intervention would be put in place on the CP and who would do that. The LPN stated that a new intervention would be put in place after a fall but that she did not know who placed it on the CP. The LPN then stated that she knew that an intervention should be put in place as soon as possible. The surveyor then asked the LPN if Resident #2 had any falls. The LPN stated that she knew that the resident had recently fell and was sent to the hospital and had a right hip fracture.
At the same time, the LPN further stated that the resident was on the other wing before and that she was not aware if the resident had any falls prior to that. The surveyor asked the LPN to look at Resident #2's CP. The LPN confirmed that Resident #2's CP did not have any new interventions placed after the two falls in November 2022.
On 9/20/23 at 10:19 AM, the Director of Nursing (DON) provided the surveyor with three incident/investigation reports that occurred in the last year. A review of the reports included the following:
7/19/23 Incident Description: 6:10 p (PM) The interpreter informed nurse that resident was found sitting on floor .resident was sitting on his/her buttocks with his/her pants down-also there was urine on the floor. Notes: 7/20/23 Team met to discuss fall. Resident#2 was attempting to self-toilet in a room which resident thought was a bathroom . xray was performed .found to have a non-displaced fracture to his/her right hip. Resident#2 was sent to hospital for evaluation.
11/11/22 Incident Description: Was called to day room by another staff that resident is on the. Notes: IDC (Interdisciplinary) team met to review incident, Patient is alert and oriented with periods of confusion. During the day patient in the dayroom with activities for close monitoring. PT (Physical Therapy) screen order.
11/10/22 Incident Description: While passing out medications, nurse heard a noise in pt's (patient's) bathroom, went in there, found pt. lying on floor. Notes: IDC team Met to review incident, PTS (patient) is AAOx3 (Awake, Alert, Oriented), reeducated pts (patient) on the importance of using his/her walking and call for help, PT (Physical Therapy) screen order.
On 9/20/23 at 01:28 PM, the surveyor interviewed the DON regarding the process of implementing a new intervention after a resident has a fall. The DON stated that there should be an intervention put in place if something changed unless there was an isolated incident. The surveyor asked the DON if there should be a new intervention placed on the CP after a fall. The DON stated that there should be an intervention close to the date [of the fall]. The surveyor asked the DON what was the reason that a new intervention be implemented. The DON stated that a new intervention would be put in place to prevent a fall in the future.
On 9/20/23 at 01:31 PM, the surveyor interviewed the Assistant DON (ADON) regarding updating the CP after a resident has a fall. The ADON stated that the Unit Manager (UM) would have a meeting and that the UM usually updated the CP. She added that the CP could also be updated by the ADON or DON. The surveyor asked the ADON if she recalled Resident #2's falls that occurred in November 2022. The ADON stated that she did not remember.
On 9/20/23 at 01:37 PM, the surveyor interviewed the DON regarding Resident #2's CP. The DON confirmed that there were no new interventions added after the 11/10/22 and 11/11/22 falls. The surveyor asked the DON what the expectation would be. The DON stated that the expectation was that there should have been an intervention after each fall.
On 9/22/23 at 10:38 AM, in the presence of the survey team, the surveyor notified the LNHA and DON the concern that Resident #2 did not have any new interventions put in place on the CP after the resident fell two times in November 2022.
On 9/22/23 at 10:41 AM, the surveyor asked the DON for a policy for falls. The DON stated that falls was included in the accidents and investigations policy that was previously provided to the survey team.
On 9/27/23 at 01:37 PM, in the presence of the survey team and LNHA, the DON stated that the interventions were listed on the incident report but they were not placed on the resident's CP. The DON stated that the interventions should have been placed on the CP.
A review of the facility provided policy titled, Accidents and Incidents-Investigating and Reporting with a revised date of 5/18/2022 included the following:
1. The Nurse Supervisor/Charge Nurse and/or the department director or supervisor shall promptly initiate and document investigation of accidents or incidents as appropriate.
2. The following data, as applicable, shall be included on the Report of Incident/Accident form: .
k. Any corrective action taken;
l. Follow-up information as applicable; .
n. Other pertinent data as necessary or required; .
3 .This individual will submit completed documents to the DON/designee and discuss the incident at the morning management meeting.
4. An investigation of incidents as appropriate will be completed.
The policy did not include any information specific to falls.
On 9/28/23 at 01:30 PM, the survey team met with the LNHA, DON, and [NAME] President of Clinical Services for an Exit Conference. The facility management did not provide additional information and did not refute findings.
N.J.A.C. 8:39-27.1 (a)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0698
(Tag F0698)
Could have caused harm · This affected 1 resident
Based on observation, interview, and record review, it was determined that the facility failed to: a) monitor residents returning from the dialysis center for hemodialysis access site and vital signs ...
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Based on observation, interview, and record review, it was determined that the facility failed to: a) monitor residents returning from the dialysis center for hemodialysis access site and vital signs (clinical measurements, specifically pulse rate, temperature, respiration rate, and blood pressure, that indicate the state of a patient's essential body functions) and b) complete the Hemodialysis Communication Record (HCR), post dialysis treatment according to standard of practice, policy, and facility practice. The deficient practice was observed for one (1) of two (2) residents (Resident #7) reviewed for hemodialysis.
The 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 and potential physical and emotional health problems, through such services as casefinding, health teaching, health counseling, and provision of care supportive to or restorative of life and wellbeing, and executing medical regimens 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 casefinding; 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.
On 9/19/23 at 10:24 AM, the surveyor observed Resident #7 sitting on edge of the bed, completely dressed. The resident was interviewable. The resident stated that their dialysis (also known as hemodialysis; the process of removing excess water, solutes, and toxins from the blood in people whose kidneys can no longer perform these functions naturally) days were on Tuesdays, Thursdays, and Saturdays at around 5:30 AM.
On 9/19/23 at 9:05 AM, the surveyor reviewed the hybrid medical records (combination of electronic medical record and physical chart) of Resident #7.
The admission Record (or face sheet; admission summary) reflected that the resident was admitted to the facility with diagnoses that included but not limited to end stage renal disease (ESRD) (a medical condition in which a person's kidneys cease functioning on a permanent basis leading to the need for a regular course of long-term dialysis or a kidney transplant to maintain life), kidney transplant failure (your new kidney may stop working over time because your body's immune system is constantly fighting it), dependence on renal dialysis, type 2 diabetes mellitus (DM) (a disease that occurs when your blood glucose, also called blood sugar, is too high).
A review of the Comprehensive Minimum Data Set (CMDS), an assessment tool used to facilitate the management of care with assessment with a reference date (ARD) 6/25/23 showed that the resident's Brief Interview for Mental Status (BIMS) score was 15 out of 15, which indicated that resident's cognitive status was intact.
A review of the care plan, last review dated 6/29/23, revealed resident #7 will have the consequences of ESRD controlled at the highest level possible with the prescribed dialysis regimen, date initiated 6/24/22 and revised on 7/04/23.
On 9/25/23 at 02:20 PM, the surveyor reviewed the Dialysis Communication Log (a binder on the unit which contains a resident's HCR forms) of Resident #7. The HCR (a facility form used to communicate the resident's status on hemodialysis treatment days between the facility and the dialysis center) contained three separate areas to be filled out; the top section was to be completed by the facility nurse prior to the resident leaving the facility for the dialysis treatment, the bottom section was to be completed by the Dialysis center staff after treatment and in the top section, was post dialysis vitals to be completed by the facility nurse upon the residents return to the facility.
The surveyor reviewed the HCR's from 9/16/23 to 9/23/23 which revealed that five (5) of five (5) dates had incomplete HCRs for Resident #7. The following dates were: 9/16/23, 9/19/23, 9/21/23, 9/22/23 and 9/23/23, five (5) of the five (5) days Resident #7 attended hemodialysis. The facility return section for VS (vital signs) was not completed. The resident's weights were not filled out prior or post dialysis five (5) of five (5) forms. Vascular access section was left blank. The Dialysis unit section was completely blank on 9/23/23 upon the residents return.
On 9/27/23 at 02:09 PM, the Director of Nursing (DON) confirmed that the form should be completed upon the residents return to the facility. The DON added that it was a two-part form in case the resident did not return from Dialysis with the form.
The Licensed Nursing Home Administrator (LNHA) provided the surveyor with the facility policy titled: Dialysis Policy. Initial or revision dates were not documented within the policy. The policy revealed:
9.) A communication book will be sent with the residents to dialysis. Upon return from dialysis, the charge nurse will review and take note of any recommendations.
10.) Upon return from dialysis the resident will be checked for the following: a) check dressing for bleeding, b) check for warmth and redness.
14) document treatment and the resident's response in nursing summary and evaluation.
The Dialysis Communication Book Policy was attached to the dialysis policy provided by the LNHA. During review, it was revealed:
~~It is the policy of the facility to have open and ongoing communication with dialysis centers treating our residents to help promote quality and continuity of care.
4) Pertinent information can include but is not limited to changes in medication, diet, complaints of pain, redness, swelling at the shunt, changes in bruit, weight, change in vital signs.
On 9/28/23 at 01:30 PM, the survey team met with the LNHA, DON, and [NAME] President of Clinical Services for an Exit Conference. The facility management did not provide additional information and did not refute findings.
N.J.A.C. 8:39-2.7(a)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0725
(Tag F0725)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** 2. As per the Nurse Staffing Report completed by the facility for the week of staffing from 9/03/23 to 9/16/23 for the standard ...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** 2. As per the Nurse Staffing Report completed by the facility for the week of staffing from 9/03/23 to 9/16/23 for the standard survey, the facility was deficient in CNA staffing for residents on 14 of 14 day shifts and deficient in total staff for residents on one (1) of 14 overnight shifts as follows:
The facility was deficient in CNA staffing for residents on 14 of 14 day shifts and deficient in total staff for residents on 1 of 14 overnight shifts as follows:
-09/03/23 had 6 CNAs for 92 residents on the day shift, required at least 11 CNAs.
-09/03/23 had 6 total staff for 92 residents on the overnight shift, required at least 7 total staff.
-09/04/23 had 10 CNAs for 91 residents on the day shift, required at least 11 CNAs.
-09/05/23 had 7 CNAs for 89 residents on the day shift, required at least 11 CNAs.
-09/06/23 had 6 CNAs for 89 residents on the day shift, required at least 11 CNAs.
-09/07/23 had 7 CNAs for 89 residents on the day shift, required at least 11 CNAs.
-09/08/23 had 7 CNAs for 89 residents on the day shift, required at least 11 CNAs.
-09/09/23 had 10 CNAs for 88 residents on the day shift, required at least 11 CNAs.
-09/10/23 had 9 CNAs for 87 residents on the day shift, required at least 11 CNAs.
-09/11/23 had 8 CNAs for 87 residents on the day shift, required at least 11 CNAs.
-09/12/23 had 8 CNAs for 86 residents on the day shift, required at least 11 CNAs.
-09/13/23 had 8 CNAs for 86 residents on the day shift, required at least 11 CNAs.
-09/14/23 had 9 CNAs for 86 residents on the day shift, required at least 11 CNAs.
-09/15/23 had 9 CNAs for 86 residents on the day shift, required at least 11 CNAs.
-09/16/23 had 7 CNAs for 89 residents on the day shift, required at least 11 CNAs.
On 9/19/23 at 10:32 AM, during an interview with the surveyor, CNA#5 stated the following: The census for the East wing was 45. There were two (2) nurses on duty with three (3) CNAs including herself. CNA stated she knew the ratio was supposed to be one (1) CNA for every eight (8) residents on the 7AM to 3PM shift. The CNA explained that there were four (4) CNAs scheduled that day, but one (1) CNA had called out from work which was the reason for the (3) CNA on that shift.
At that time, LPN#3 stated she too was aware of the mandated ratio of one (1) CNA to eight (8) residents on the 7 AM to 3 PM shift. The management was aware of the CNA who called out from their morning shift at work, but it was too short of a notice to get another person to cover their shift.
At that time, CNA#5 stated it was hard to complete her assignments, but we get the work done.
The surveyor reviewed the staff assignment sheet dated 9/19/23 that reflected three (3) CNAs and two (2) nurses were assigned to 45 residents.
On 9/25/23 at 7:30 AM, during the meeting with the surveyors, the LNHA and the DON stated that they were aware of very short staffing on weekends. The LNHA stated he was giving $75-$100 staffing bonuses. The surveyor also notified the facility management of the PBJ (payroll based journal; allows staffing information to be collected on a regular and more frequent basis than previously collected) report for low weekend staffing.
On 9/25/23 at 10:10 AM, the Human Resource Director (HRD) informed the surveyors that the payroll time clock (an electronic based system that recorded when a staff clocked in for their shift and clocked out from their shift) was not working and was unable to provide the payroll staff report. The same report used for the PBJ required to be submitted to the Centers for Medicare and Medicaid Services (CMS). The HRD informed the surveyors that the payroll time clock was broken since 9/14/23. She had been manually entering the information into the payroll time clock.
On 9/25/23 at 10:36 AM, during a meeting with the surveyors, the LNHA and the DON, the surveyor discussed the staffing concerns.
At that time, during the meeting with the surveyors, and the DON, the LNHA showed the surveyors the recruiting binders he utilized as effort to staff the facility. We are trying our best.
At that time, the LNHA stated he had just learned that morning that the payroll time clock was not working. The LNHA clarified that the employees including himself were able to clock in and out of the payroll time clock, and the issue was in the transmission of data.
On 9/26/23 at 9:38 AM, in the presence of the surveyors, and the LNHA, the surveyor interviewed the corporate Payroll Administrator (cPA) telephonically. The cPA informed the surveyors that she was made aware of the issue with the time clock on 9/22/23 The cPA explained that their vendor captured the data from the time clock and sent the data for PBJ reporting to CMS. The cPA confirmed she learned that the HRD was manually entering the staffs pay roll data, and the cPA told the HRD not to do that.
The cPA stated that entering the payroll time clock data manually was manipulating the time clock, could be misconstrued as falsifying time submitted.
At that time, The cPA stated she was working with the time clock software vendor to address the issue.
A review of the facility provided policy; Staffing revised on 3/29/23, included:
Goal: [Facility name redacted] will provide adequate staffing to meet needed care and services for our resident population.
Process
1.
[Facility name redacted] will maintain adequate staffing on each shift to ensure that our residents 's needs and services are met. Licensed registered nursing and licensed nursing staff are available to provide and monitor the delivery of resident care services.
2.
Certified Nursing Assistants are available on each shift to provide the needed care and services of each resident as outline on the resident's comprehensive care plan.
4.
Our facility furnishes information from payroll records setting forth the average numbers and types of personnel (in full-time equivalents) on each shift during at least one (1) week of each quarter to appropriate state agencies as required. Such work week is selected by the state survey agency.
On 9/28/23 at 01:30 PM, the survey team met with the LNHA, DON, and [NAME] President of Clinical Services (VPoCS). The facility management did not provide additional information and did not refute findings.
N.J.A.C. 8:39-27.1(a)
Based on observation, interview, record review, and review of other pertinent facility documentation, it was determined that the facility failed to provide sufficient nursing staff to ensure residents' highest practical wellbeing by failing to: a.) maintain the required minimum direct care staff-to-shift ratios as mandated by the state of New Jersey (NJ) and b.) ensure that 7 AM-3 PM, 3-11 PM, and 11-7 shifts were staffed to provide the ADLs (activities of daily living) for three (3) of 16 residents, (Residents#2, #35, and #67) according to facility practice, required minimum direct care staff-to-shift ratios as mandated by the state of NJ, and facility assessment.
This deficient practice was evidenced by the following:
Reference: New Jersey Department of Health (NJDOH) memo, dated 01/28/2021, Compliance with N.J.S.A. (New Jersey Statutes Annotated) 30:13-18, new minimum staffing requirements for nursing homes, indicated the New Jersey Governor signed into law P.L. 2020 c 112, codified at N.J.S.A. 30:13-18 (the Act), which established minimum staffing requirements in nursing homes.
The following ratio(s) were effective on 02/01/2021:
One Certified Nurse Aide (CNA) to every eight residents for the day shift.
One direct care staff member to every 10 residents for the evening shift, provided that no fewer than half of all staff members shall be CNAs, and each direct staff member shall be signed in to work as a CNA and shall perform nurse aide duties: and
One direct care staff member to every 14 residents for the night shift, provided that each direct care staff member shall sign in to work as a CNA and perform CNA duties.
1. On 9/25/23 at 6:38 AM, the surveyor in the presence of another surveyor interviewed the 11-7 shift Licensed Practical Nurse#1 (LPN#1) from East Wing who informed the surveyors that she had been working in the facility for seven years, a regular shift 3-11 shift nurse and also works other shifts according to her availability.
On that same date and time, LPN#1 informed the surveyor that there were two CNAs last night for the 11-7 shift with one call-out. The LPN stated that there should be three aides in the unit. She further stated that there was no nursing supervisor in the 11-7 shift and there had been no supervisor, for how long no supervisor, the LPN cannot remember.
The surveyor asked for a copy of the 11-7 shift assignments including Saturday (9/23/23) and Sunday (9/24/2) and she stated that she would get back to the surveyor.
On 9/25/23 at 6:42 AM, the surveyor interviewed the 11-7 shift nurse from the [NAME] Wing. LPN#2 informed the surveyor that she was an agency nurse and this was her first day to work at the facility. The LPN stated that the [NAME] Wing census (total count of residents) was 45, two CNAs, and one LPN (herself), and that there was no nursing supervisor.
On that same date and time, the surveyor asked LPN#2 where were the two aides in the unit, and LPN#2 responded that one aide was in the dining area and she was not sure where the other aide was. The LPN further stated that the morning care and personal care of all residents in the unit were done.
At this time, the surveyor observed CNA#1 in the dining area with her bag and sweater on walking around.
Also, the surveyor observed Resident #67 in the dining area seated in their wheelchair, well-dressed and clean. Resident #67 was from [NAME] Wing.
On 9/25/23 at 6:44 AM, the surveyor observed Resident # 2 in their room lying on the bed with eyes closed. The resident was covered with a blanket, the resident was clean, and no smell of urine inside the room.
On 9/25/23 at 6:46 AM, the surveyor interviewed the 11-7 CNA from the [NAME] wing in the hallway going to the dining area. CNA#1 informed the surveyor that she had been the CNA at the facility for a year. CNA#1 was unable to state the [NAME] Wing census and how many residents she took care of for the 11-7 shift. She further stated that she took care of all residents on her assignment and that there was one nurse in the unit.
At that same time, CNA#1 was not aware of the nurse staffing ratio. She indicated that in the [NAME] wing, usually there a three aides assigned but last night two CNAs worked. She further stated that she was not sure if there was a call-out. CNA#1 informed the surveyor that she did not have a regular assignment and that she works all shifts and different wings depending on the availability, and she claimed that she was a per diem CNA.
In addition, CNA#1 was unable to state the name and whereabouts of the other aide in the [NAME] Wing unit. The surveyor was unable to see the other aide in the unit.
On 9/25/23 at 6:53 AM, the surveyor went to [NAME] Wing room [ROOM NUMBER] and observed Resident # 35 lying on the bed. The surveyor asked the resident if he/she was cleaned by the aide today and she stated Yes. The resident did not have a complaint about care. The surveyor observed the resident clean and no smell of urine inside the resident's room
A review of the provided [NAME] wing assignments for the 11-7 shift (9/24/23) showed that LPN#2 was the nurse, CNA#2 had a total of 23 residents, and CNA#1 had a total of 24 residents.
A review of the provided East wing assignments for the 11-7 shift (9/24/23) LPN#1 was the assigned nurse, CNA#3 had a total of 25 residents, and CNA#4 had a total of 20 residents.
Further review of the provided Master Copy for staff assignment for 9/24/23 (Sunday) that was provided by the Director of Nursing (DON) included the following:
West Wing: 7-3 Shift assignment 1 CNA:15 residents, assignment 2 CNA:14 residents, and assignment 3 CNA:18 residents. 3-11 Shift assignment 1 CNA:23 residents and assignment 2 CNA:24 residents.
East Wing: 7-3 Shift assignment 1 CNA:24 residents and assignment 2 CNA:23 residents. 3-11 Shift assignment 1 CNA:23 residents and assignment 2 CNA:23 residents.
On 9/25/23 at 7:30 AM, the surveyor interviewed the Licensed Nursing Home Administrator (LNHA) and DON in the presence of another surveyor. The surveyor notified the facility management about the findings above. The DON stated that it was an expectation that all staff should be at the unit until 7 AM. The DON further stated that there was no supervisor for the 11-7 shift and that was been the staffing for the 11-7 shift. The DON indicated that one nurse in each unit and three aides in each unit for staffing for 11-7.
On that same date and time, the DON stated that weekend staffing varies and they (facility management) were aware of the weekend short staffing. She further stated that she would get back to the surveyor as to why CNA#2 was not in the [NAME] wing before the 7 AM shift ended.
On 9/25/23 at 10:35 AM, the survey team met with the LNHA and the DON. The DON stated that CNA#2 left at 6 AM. The surveyor asked the facility management why the nurse and the aide in the [NAME] unit were not aware that CNA#2 left at 6 AM, and who covered for CNA#2's assignment. The DON stated that she will get back to the surveyor.
On 9/25/23 at 12:15 PM, the DON provided a copy of an updated [NAME] and East wing census of residents as follows:
West wing 11-7 shift of 9/24/23 census=45
East wing 11-7 shift of 9/24/23 census=44
At the same time, the DON stated that the two-bed hold was added to the census which was why the census was 91 instead of 89 and there was a discrepancy on previously submitted assignments from the [NAME] and East wing. The DON acknowledged that they were aware of the mandated staffing law and based on the provided assignments on 9/24/23 for weekend staffing and observed by the surveyor on 9/25/23 for the 11-7 shift, the facility was not in compliance with the staffing.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Staffing Information
(Tag F0732)
Could have caused harm · This affected 1 resident
Based on observation, interview, and review of pertinent facility documents, it was determined that the facility failed to ensure that the posted Resident Care Staffing Report (24-hour staffing report...
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Based on observation, interview, and review of pertinent facility documents, it was determined that the facility failed to ensure that the posted Resident Care Staffing Report (24-hour staffing report) was up to date and provided accurate information.
This deficient practice was evidenced by the following:
On 9/18/23 at 9:18 AM, the surveyors entered the facility and observed the posted 24-hour staffing report which was dated 9/15/23. The census listed was 90. The staffing report was not up to date and it was three days late.
On 9/23/23 at 11:26 AM, the surveyors observed the posted 24-hour staffing report which was dated 9/19/23. The census listed was 91. The staffing report was not up to date and it was four days late.
On 9/25/23 at 8:35 AM, the surveyor observed the posted 24- hour staffing report which was dated 9/22/23. The census listed was 90. The staffing report was not up to date and it was three days late.
On 9/25/23 at 10:36 AM, the Licensed Nursing Home Administrator (LNHA) provided copies of the facility daily census report from 9/15/23 to 9/25/23 and reflected as follows:
Date 9/15/23; Census: 89 (not reflected, the posted census was 90)
Date 9/16/23; Census: 91
Date 9/17/23; Census: 91
Date 9/18/23; Census: 91
Date 9/19/23; Census: 91
Date 9/20/23; Census: 91
Date 9/21/23; Census: 91
Date 9/22/23; Census: 90
Date 9/23/23; Census: 90
Date 9/24/23; Census: 90
Date 9/25/23; Census: 90 (not reflected, the posted census was 91)
The surveyor compared daily census report to the 24-hour staffing report that was posted on 9/18/23, and 9/25/23. On both of the outdated 24-hour staffing report posted, the census listed was inaccurate.
Further review of the 24-hour staffing report reflected the following:
Date 9/22/23; No Registered Nurse (RN) was scheduled.
Date 9/24/23; No Registered Nurse (RN) was scheduled.
Date 9/25/23; No Registered Nurse (RN) was scheduled.
On 9/25/23 at 9:50 AM, during an interview with the surveyor, the Human Resource Director (HRD) stated her responsibilities included on-boarding, orientation, in-services, and staffing. The HRD stated she was still under orientation by the outgoing Staffing Co-Ordinator.
At that time the HRD informed the surveyors that she reviewed the census and the scheduled staff per shift. The HRD was unsure if an RN was required to be on the schedule. The HRD informed the surveyors that she was aware of the following:
7-3 shift required 1 CNA (Certified Nursing Aid) for every 8 residents.
3-11 shift required 1 CNA for every 10 residents.
11 to 7 shift required 1 CNA for every 14 residents and the Licensed Practical Nurse (LPN) could help out the CNA in the evening.
At that time, the surveyor asked why there were no RN scheduled for the 9/22/23 9/24/23, and 9/25/23, the HRD did not respond to the question.
On 9/25/23 at 9:59 AM, during an interview with the surveyors, the CNA/Unit Clerk (UC)/ outgoing Staffing Co-Ordinator (SC) stated she scheduled CNAs, nurses and was training the HRD, but was not in-charge of posting the census and the staffing in the lobby that was the sole responsibility of the HRD.
At that time, the CNA/UC/ outgoing SC stated an RN should be scheduled but was only able to schedule employees who were available to work. Sometimes, she had to post the schedule without an RN, but I always informed the Director of Nursing.
The DON and I worked with three (3) agencies, although I am unable to authorize incentives without the authorization of the administrator or the owner. I was able to receive authorization, for example, in the last two weeks, I received approval for incentives.
On 9/25/23 at 10:10 AM, the surveyor and the HRD reviewed the 9/22/23, 9/24/23 and 9/25/23 together. The HRD stated she was unsure as to why there was no RN scheduled. The HRD explained that the census posted was obtained from the morning meeting. The HRD also stated that she took the daily staffing sheet and calculated the number of employees scheduled and entered the data onto the 24- hour staffing report.
At that time, the HRD confirmed there were no RNs listed on the 24-hour staffing report. The HRD compared the scheduled staff against the 24- hour staffing report and acknowledge she had made an error on the posting. The HRD stated she had categorized one (1) of the RN as a CNA.
At that time, the surveyor asked the HRD what the significance was of an RN not scheduled on the 24-hour staffing report. The HRD stated I don't know the significance, why that is important. She further stated that the DON and the Minimum Data Set Coordinator were both an RN and works Monday through Friday. She indicated that the DON also comes in on weekends at times.
At that time the surveyor requested for the license verification for the LPN and the payroll time clock report.
On 9/25/23 at 10:19 AM, the HRD provided the surveyor a copy of the license verification for the RN who was mislabeled as a License Practical Nurse.
At that time, the HRD informed the surveyors that the payroll time clock (an electronic based system that recorded when a staff clocked in for their shift and clocked out from their shift) was not working and was unable to provide the payroll staff report. The same report used for the Payroll Based Journal (PBJ) required to be submitted to the Centers for Medicare and Medicaid Services (CMS). The HRD informed the surveyors that the payroll time clock was broken since 9/14/23. She had been entering the information into the payroll time clock.
On 9/25/23 at 10:36 AM, during a meeting with the surveyors, the LNHA and the Director of Nursing (DON), the surveyor discussed the staffing concerns, the outdated 24- hour staffing report that was posted on 9/18/23, 9/23/23 and 9/25/23, the inaccurate census listed on 9/15/23 and 9/25/23, and the 24-hour staffing reports which did not include an RN on the schedule for 9/22/23, 9/24/23 and 9/25/23.
At that time, the LNHA showed the surveyors the recruiting binders he utilized as effort to staff the facility. We are trying our best.
At that time, the LNHA and the DON stated they were not aware that bed holds should not have been included as part of the census in the facility.
At that time, the LNHA stated he had just learned that morning that the payroll time clock was not working. The LNHA clarified that the employees including himself were able to clock in and out of the payroll time clock, and the issue was in the transmission of data.
On 9/26/23 at 9:38 AM, in the presence of the surveyors, and the LNHA, the surveyor interviewed the corporate Payroll Administrator (cPA) telephonically. The cPA informed the surveyors that she was made aware of the issue with the time clock on 9/22/23. The cPA explained that their vendor captured the data from the time clock and sent the data for PBJ reporting to CMS. The cPA confirmed she learned that the HRD was manually entering the staffs pay roll data , and the cPA told the HRD not to do that.
The cPA stated that entering the payroll time clock data manually is manipulating the time clock, could be misconstrued as falsifying time submitted.
At that time, the cPA stated she was working with the time clock software vendor to address the issue.
No further data was submitted.
A review of the facility provided policy; Staffing revised on 3/29/23, included:
Goal: [Facility name redacted] will provide adequate staffing to meet needed care and services for our resident population.
Process
1.
[Facility name redacted] will maintain adequate staffing on each shift to ensure that our residents 's needs and services are met. Licensed registered nursing and licensed nursing staff are available to provide and monitor the delivery of resident care services.
2.
Certified Nursing Assistants are available on each shift to provide the needed care and services of each resident as outline on the resident's comprehensive care plan.
4.
Our facility furnishes information from payroll records setting forth the average numbers and types of personnel (in full-time equivalents) on each shift during at least one (1) week of each quarter to appropriate state agencies as required. Such work week is selected by the state survey agency.
On 9/28/23 at 01:30 PM, the survey team met with the LNHA, DON, and [NAME] President of Clinical Services (VPoCS). The facility management did not provide additional information and did not refute findings.
N.J.A.C. 8:39-41.2 (a)(b)(c)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0806
(Tag F0806)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, interviews, record review, and review of pertinent facility documents, it was determined that the facilit...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observations, interviews, record review, and review of pertinent facility documents, it was determined that the facility failed to ensure that resident's dietary preferences were consistently identified and implemented including the approprite hours of sleep snacks (HS snacks) for one (1) of 19 residents, (Resident #7) reviewed.
This deficient practice was evidenced as follows:
On 9/19/23 at 10:24 AM, the surveyor observed Resident #7 seated on the edge of their bed with breakfast tray on the bedside table. There were no visible menus in the room for the resident to review. The residents breakfast meal was on his/her bedside table, the ticket only read, scrambled eggs, double portion. The preference and the dislike columns were blank.
On 9/19/23 at 10:24 AM, during the interview the surveyor asked the resident about how he/she like their breakfast tray? The resident stated, not really, I don't get to choose my meals. I get to talk to the dietician but no I do not fill out a menu for what I want. I have told her what I like but I do not get it. The surveyor asked if the resident receives a bedtime snack? The resident responded, no, I do not get a snack at bedtime.
On 9/22/23 at 9:20 AM, the surveyor interviewed the Registered Dietician (RD) who stated, all of our residents are given the menu in their room, preset with alternates, the kitchen is on a (3) three-week cycle. Resident #7 is on a Renal/ No added Salt/ Carbohydrate controlled Diet (Renal/NAS/CCD). The resident has not discussed with me about not liking his options or food. Everyone in the building gets an Hour of Sleep (HS) snack.
On that same date and time, the RD informed the surveyor that Nursing is responsible to put in the order per the doctor or my communication recommendation sheets. She further stated that the floor staff and nurses hand the snacks out to the residents. The RD stated that the snacks are either cart blanche or prebagged for the diabetics or special requests. She further stated that My [NAME] is that they should receive any item they want but a smaller portion if they are a diabetic. The facility is very liberal.
On 9/22/23 at 9:38 AM, the surveyor interviewed the Food Service Director (FSD). The FSD informed the surveyor that the current prebagged snack list we have for the
offered HS snack in the system does not include Resident #7. Meaning he/she does not have a special request or a prebagged diabetic snack listed in the kitchen.
At that same time, the FSD explained that the kitchen computer system and the facility documentation system do not talk to each other. The FSD further stated that the list I showed you is created by verbal communication, or a correspondence form provided by the RD with the resident's preferences. The surveyor asked the FSD if there is a par level list for the HS snack cart that goes to the floors? The FSD stated, no, we put all snack items available in the kitchen or items that should be used based on expiration date, so food does go to waste.
On 9/22/23 at 10:42 AM, the surveyor interviewed the Director of Nursing (DON). The DON stated that an HS snack is an order that gets entered into the electronic ordering system for every resident by either a doctor's order or the communication form from the RD. She further stated that once that order is placed it generates a nurse sign off in the medication administration record for the nurse to sign off. The FSD stated that the HS snack is sent up on a cart from the kitchen for all the residents. Furthermore, the FSD stated that the residents that have a special request or diabetic snack ordered come up in a labeled prepackaged bag.
On 9/27/23 at 11:45 AM, the surveyor interviewed the FSD, are there smaller portion sizes like a ½ slice of pie or 1 cookie instead of 3 in a bag provided on that cart? The FSD responded, no, we do put a slice of pie, pudding, cookies on there but it is a normal portion. The surveyor asked, are there other therapeutic menu provided to the residents to pick their own food for the day or week? The FSD replied, no, we only provide our 3-week cycle menu that has an alternate choice at the bottom, a Chinese food menu, and an always available menu. We do not have special therapeutic diet menus such as renal or diabetic. The therapeutic diet residents are controlled with a menu extension that the residents are not given. It is for the line staff to be able to adjust our 3-week cycle menu for what is in range for the specialized diet. The menu extension shows that a renal resident can not have Orange Juice and we change it out for apple juice. The surveyor asked, do the residents see that they are getting apple juice on the menus provided to them? The FSD replied, no.
On 9/27/23 at 12:07 PM, during the interview of the surveyor with the resident , the resident stated, The eggs never got rectified after I spoke to the dietician after your last visit, and they keep sending me scrambled eggs. I told the dietician that I like the round preformed eggs better then these scrambled eggs. The surveyor observed at that time, the resident had a menu stapled to his bulletin board. When the surveyor inquired about it the resident stated, I did not know it was there. The surveyor asked the resident if he/she would the see it? The resident stated. yes. After the resident reviewed it, the resident stated, I have never been shown this menu or that it had an alternate on the bottom.
At that same time, the resident informed the surveyor that he/she did not know that there was an always available menu to choose from. The surveyor observed that the lunch ticket that was served at this time to the resident had preferences and dislikes written on it. The surveyor asked the resident if what was written was accurate. The resident stated, It says here that I don't like ice cream, I do like ice-cream it is just melted by the time it gets to me.
During an interview on 9/28/23 at 10:21 AM of the surveyor with the DON and LNHA, both the LNHA and DON acknowledged that there is a communication issue between the RD, Nursing and FSD for prescribed HS snacks for residents on a therapeutic diet.
On 9/19/23 at 09:05 AM, the surveyor reviewed the electronic medical record and physical chart of Resident #7.
The admission Record, (or face sheet; admission summary) reflected that the resident was admitted to the facility with diagnoses that included but not limited to end stage renal disease (ESRD) (a medical condition in which a person's kidneys cease functioning on a permanent basis leading to the need for a regular course of long-term dialysis or a kidney transplant to maintain life), kidney transplant failure (your new kidney may stop working over time because your body's immune system is constantly fighting it), dependence on renal dialysis (process of removing excess water, solutes, and toxins from the blood in people whose kidneys can no longer perform these functions), type 2 diabetes mellitus (DM) (a disease that occurs when your blood glucose, also called blood sugar, is too high).
A review of the Comprehensive Minimum Data Set (CMDS), an assessment tool used to facilitate the management of care with assessment reference date (ARD) 6/25/23 showed that the resident's Brief Interview for Mental Status (BIMS) score was 15 out of 15, which indicated that resident's cognitive status was intact.
Further review of CMDS Section F0400-Preferences for customary routine and activities. It revealed that letter D.) how important is it to you to have snacks available between meals? Was coded as (1) one (Very important). A review of section I, Active diagnosis, it revealed under I2900 that the resident has diabetes mellitus (DM). A review of section K0510 revealed the resident has been on a therapeutic diet since in the facility.
A review of Resident #7's Care Plan (CP), revealed, a focus of the potential for hypo/hyperglycemia related to (R/T) a diagnosis of DM. Under goal, resident will be free of adverse effects of hypo/hyperglycemia daily through the next review. Under interventions, Provide ordered diet and encourage compliance if needed. Assist as needed. Date initiated 6/24/22. The care plan did not reflect the residents' preferences for his/her therapeutic diet or snacks.
A continued review of Resident #7's Care Plan (CP), revealed, a focus of resident has a desire to gain weight he/she receives therapeutic diet for ESRD/DM. Under goal, will consume appropriate amounts of food to maintain target body weight. Date initiated 6/26/22 revision on 7/31/23. Interventions reflected Diabetic HS snack, dated 9/22/23 post surveyor inquiry.
The Interdisciplinary Care Team Conference (IDCP) reports with an effective date of 3/28/23 and 6/26/23 do not list any preferences in section E.) dietary note by the RD for the resident.
A review of the physician order list (POL)date range of 10/1/22 -9/30/23 revealed:
Offer HS snack, for bedtime supplement; Active 9/20/23.
Offer HS snack, for bedtime supplement; discontinued 10/1/22-10/6/22.
Offer HS snack, for bedtime supplement; discontinued 10/13/22.
Offer HS snack, for bedtime supplement; discontinued 11/14/22-12/31/22.
The HS snack was entered in the POL system after surveyor inquiry on 9/20/23, nine (9) months since the previous order was discontinued on 12/31/22. It did not reflect the resident's meal preferences or choices. It did not reflect a prebagged diabetic HS snack order.
A review of the physician order set (POS) for diet revealed an active order with a start date 01/17/23 for Renal/ CCD/ NAS diet, regular texture, thin consistency. It did not reflect the resident's meal preferences or choices. It did not reflect a prebagged diabetic HS snack order.
A review of the Treatment Administration Record (TAR) from 6/01/23- 9/30/23 revealed, offer HS snack order date on 9/20/23 with nursing sign off started on 9/20/23.
A review of policy and procedure Therapeutic Diets, dated 9/20/20, read as; When necessary, the facility will provide a therapeutic diet that is individualized to meet the clinical needs and desires of a resident to achieve outcomes /goals of care. Under the procedure section # 2) A list of approved /standard diets will be available for nursing staff, who will notify physicians of the diets available at the facility. Theses diets correspond with the therapeutic diets on the facility menu extension.
A review of Interdisciplinary Care Planning Policy and Procedure, dated 3/29/23, read as: #11) Since the care plan is a dynamic document, in the interim between quarterly reviews, the IDC team MUST revise problems, goals, and interventions in response to changes in the needs of residents.
On 9/28/23 at 01:30 PM, the survey team met with the LNHA, DON, and [NAME] President of Clinical Services for an Exit Conference. The facility management did not provide additional information and did not refute findings.
NJAC 8:39-17.4 (c), (e)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Medical Records
(Tag F0842)
Could have caused harm · This affected 1 resident
Based on interview, record review, and review of other facility documentation, it was determined that the facility failed to maintain complete and accurate records for a resident. This deficient pract...
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Based on interview, record review, and review of other facility documentation, it was determined that the facility failed to maintain complete and accurate records for a resident. This deficient practice was identified for one (1) of 1 resident reviewed for Hospice and End of Life services (Resident #51) and was evidenced by the following:
On 9/18/23 at 10:48 AM, the surveyor observed Resident #51 sleeping on their right-hand side and was covered with a thin blanket.
The surveyor reviewed Resident #51's medical record.
Resident # 51 was admitted to the facility with diagnoses that included unspecified dementia without behavioral disturbance (decline in memory), lack of coordination, hypothyroidism, hypertensive heart disease with heart failure, malnutrition, muscle weakness, dysphasia (difficulty swallowing food or liquids), difficulty walking, schizoaffective disorder, bipolar type, Alzheimer's disease ((A type of brain disorder that causes problems with memory, thinking, and behavior. This is a gradually progressive condition) and urinary tract infection.
According to the quarterly Minimum Data Set, (qMDS), an assessment tool used to facilitate the management of care dated 7/21/23 with a Brief Interview for Mental Status score of 00 out of 15, indicating that the resident had a severely impaired cognition.
A review of the Physician's Order included Hospice Care ordered on 4/18/23.
A review of the Care Plan included a focus that included Resident #51's wishes for the Hospice services to complement the care at the facility which was initiated on 4/20.23, and the need due to Terminal/End stage disease, initiated on 4/20/23.
A review of the interventions included the following:
-Monitor for daily comfort/pain, call Physician as needed or recommended by Hospice for treatment with medications or alternative therapy, initiated on 4/20/23.
-Facilitate hospice visits, initiated on 4/20/23.
A review of the Progress Notes (PN) revealed a late entry dated 8/30/23, Licensed Practical Nurse#1 (LPN #1) documented, the Certified Nursing Assistant (CNA) was attending to the resident called the nurse's attention to a skin tear observed to the resident Left lower arm MD and family member made aware.
A review of the [Company name redacted] Hospice communication dated 7/31/23, record included the following:
-
Resident's Name and Resident Number
-
Facility Name
-
Request for Recommendations made by
-
Resident's diagnosis
-
Current Treatment Regimen
-
Name of Symptoms
-
Recommendations
-
Recommendations made by
-
Date and time
-
Signature
-
Recommendation received by with the nurse's signature.
On 9/22/23 at 11:17 AM, during an interview with the surveyor, LPN #2 assigned to Resident #51, stated the hospice nurse visited every week and assessed the resident once a week. The hospice nurse would speak with the nurses on duty and used the [company name redacted] hospice communication record paper (HCR). The HCR was placed within the Resident's paper medical record.
At that time, the surveyor and LPN #2 reviewed the paper medical record for Resident #51. The surveyor asked LPN #2 why there were no HCR on the paper medical record for August and September 2023. The LPN stated she did not know.
At that time, during an interview with the surveyor, the LPN/ Assistant Director of Nursing (ADON)/ Infection Preventionist (IP) informed the surveyor that the expectation was that hospice would take over services for the resident and ensure the resident was comfortable. The facility assisted in the care for the resident. The nurses from hospice came once a week and communicated with us [the nurses] and documented the resident's needs.
At that time, the LPN/ADON/IP informed the surveyor that the Unit Manager who was on vacation, was in-charge of ensuring that the hospice nurse left a documentation for the nurses. The LPN/ADON/IP acknowledged that without the HCR she could not be certain that the hospice nurse had visited to assess the resident's needs.
On 9/25/23 at 10:36 AM, during a meeting with the surveyors, the surveyor informed the Licensed Nursing Home Administrator (LNHA), and the Director of Nursing (DON) regarding the concern of the missing communication records from Hospice for August and September 2023.
At that time, the DON informed the surveyors that the expectation was that the hospice nurse would see the resident once or twice a weeks, speak with the nurses, assess the resident and document within their software and provide the facility a copy. The Nurses were expected to document in the PN, the interaction with the hospice nurse, and what was communicated to them by the hospice nurse.
At that time, the DON informed the surveyors that the Unit Manager responsible for ensuring that the HCR was sent to the facility for Resident #51. It should have been in the chart.
On 9/27/23 at 01:45 PM during a meeting with the surveyor and LNHA, the DON confirmed no additional documents were available for review.
A review of the facility provided document Hospice Services revised 3/29/23, included under Procedure section 4. During their time on Hospice Services, the Director of Social Services acts as the liaison between the resident, their representative, the facility and the Hospice agency and ensures Care Coordination.
A review of the facility provided Hospice Services Agreement dated 10/01/2007, included under section IV. Records subsection 4.1 Preparation and Contents Nursing Facility and Hospice shall each prepare and maintain complete and detailed clinical records concerning each Hospice Patient receiving services under this Agreement in accordance with prudent record-keeping procedures and as required by applicable federal and state law and regulations and applicable Medicare and Medicaid program guidelines.
On 9/28/23 at 01:30 PM, the survey team met with the LNHA, DON, and [NAME] President of Clinical Services (VPoCS). The facility management did not provide additional information and did not refute findings.
NJAC: 8:39-35.2(d)(5)(6)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0883
(Tag F0883)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interviews, record review, and review of other pertinent provided facility documents, it was determined that the facili...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interviews, record review, and review of other pertinent provided facility documents, it was determined that the facility failed to: a) identify a resident and offer a subsequent pneumococcal vaccine and b) revise the facility pneumococcal vaccine policy to reflect the current Pneumococcal vaccination guidelines in accordance with the CDC's (Centers for Disease Control and Prevention) guidelines for one (1) of five (5) residents, (Resident #14) reviewed for immunization.
This deficient and was evidenced by the following:
Reference: A review of the CDC guidelines for Pneumococcal vaccination included: For adults who only received the Pneumococcal polysaccharide vaccine (Pneumovax/PPSV 23) regardless of risk and condition, should received one (1) dose of Pneumococcal conjugate vaccine (PCV 15 or PCV20) at least one year after the most recent PPSV23.
On 9/21/23 at 9:53 AM, the surveyor observed Resident #14 in the patio, light his/her cigarette and began smoking.
The surveyor reviewed the medical records for Resident #14.
The resident's admission Record (an admission summary) reflected that Resident #14 was admitted to the facility with diagnoses that included but were not limited to type 1 diabetes mellitus without complications (high blood sugar) , multiple sclerosis (a progressive neurological disease involving damage to nerve cells of the brain and spinal cord), chronic obstructive disease (a chronic inflammatory lung disease that causes obstructed airflow from the lungs).
According to the most recent annual Minimum Data Set, (aMDS), an assessment tool used to facilitate the management of care dated 8/10/23, with a Brief Interview for Mental Status score of 15 out of 15, indicating that the resident was cognitively intact.
Further review of the aMDS section O. 0300 Pneumococcal Vaccine revealed 1 the resident's Pneumococcal Vaccination was up to date.
A review of the resident's Pneumococcal Vaccination record indicated the resident received a Pneumococcal polysaccharide vaccine (Pneumovax/PPSV 23) six years ago when the resident was less than [AGE] years of age. The immunization record did not show a subsequent immunization for Pneumococcal was offered.
On 9/22/23 at 11:44 AM, during an interview with the surveyor, the Licensed Practical Nurse (LPN)/ Assistant Director of Nursing/ Infection Preventionist stated she tracked the resident's immunization.
On 9/22/23 at 12:34 PM, during a follow up interview with the surveyor, the LPN/ADON/IP stated she could not locate the Pneumococcal tracking form she had. If it is not documented within the electronic medical record, under immunization, it was missed.
On 9/25/23 at 10:36 AM, during a meeting with the surveyors, the Licensed Nursing Home Administrator (LNHA) and the Director of Nursing (DON), the surveyor discussed the concerns regarding the surveillance of Resident #14's Pneumococcal vaccination, the resident's missed subsequent Pneumococcal vaccination that should have been administered one year after the first PPSV23, (received 6 years ago) and the concern regarding the facility policy.
At that time, the DON stated, We follow CDC guideline, and the Resident should have had another dose.
On 9/25/23 at 11:43 AM, during a meeting with the surveyors, the LPN/ADON/IP stated the resident should have received another vaccination. Moving forward we would follow the guideline in a timely manner. The LPN/ ADON/ IP acknowledged that the immunization surveillance was inaccurate.
A review of an undated facility provided policy Pneumococcal Vaccination included:
Purpose, all residents are provided the opportunity and encouraged to receive Pneumococcal vaccinations. Under General Information: Pneumococcal vaccine is given only one time.
A review of another undated facility provided policy Pneumococcal Vaccination included:
Policy, it is the policy of this facility to document evidence of annual vaccination against Pneumococcal disease for all residents who are [AGE] years of age or older in accordance with the recommendations of the advisory committee on immunization practices of the Center for Disease Control most recent to the time of vaccination unless such vaccination is medically contraindicated, or the resident has refused offer of the vaccine .
On 9/28/23 at 01:30 PM, the survey team met with the LNHA, DON, and [NAME] President of Clinical Services (VPoCS). The facility management did not provide additional information and did not refute findings.
NJAC 8:39-19.4 (a) (i)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0949
(Tag F0949)
Could have caused harm · This affected 1 resident
Based on interviews and review of other facility documentation, it was determined that the facility failed to ensure the facility staff had the mandatory behavioral health training for two (2) of the ...
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Based on interviews and review of other facility documentation, it was determined that the facility failed to ensure the facility staff had the mandatory behavioral health training for two (2) of the five (5) Certified Nursing Assistants (CNA #3 and CNA #5) reviewed for mandatory education.
The deficient practice was evidenced by the following:
The surveyor requested five (5) random CNA education files within a year according to their date of hire.
A review of the facility form, Continuing Education Record for 2022 to 2023 revealed the log did not include the mandated behavioral health education training for CNA#3 and #5.
On 9/27/23 at 12:06 PM, during an interview with the surveyor, the Licensed Practical Nurse / Assistant Director of Nursing (ADON) Infection Preventionist /Education Co-Ordinator (EC) stated she received an informal training from the previous ADON.
At that time, the surveyor and the EC reviewed the Continuing Education Record for the five (5) random CNAs. The EC opened a binder an showed the surveyor an In-Service (continuing education) attendance sign-in sheet for Caring for Combative and Confused Residents, October 2022.
At that time, the EC confirmed with the surveyor that the signatures for CNA #3 and CNA #5 were missing.
At that time, the EC stated they were using an electronic education module on-line but had since switched to paper. The EC stated she distributed the invites to the staff and the employee was able to log into the classroom under an indiscernible name or email. For those who attended the in-service who were not using their real name or last name, we had difficulty correlating which staff attended and received the in-service. It made it difficult to track. It was not effective.
At that time the EC confirmed to the surveyor that she was unable to provide documentation that CNA #3 and CNA #5 received the in-service.
On 9/27/23 at 01:4 PM, during a meeting with the surveyors, the Licensed Home Nursing Administrator (LNHA) and the Director of Nursing (DON), the surveyor discussed the concern regarding the missing in-services for the CNAs.
On 9/28/23 at 11:32 AM, during a meeting with the surveyors and the DON, the LNHA stated moving forward we added the behavioral health training and Quality Assurance and Performance Improvement (QAPI) program.
No additional information was provided.
On 9/28/23 at 01:30 PM, the survey team met with the LNHA, DON, and [NAME] President of Clinical Services (VPoCS). The facility management did not provide additional information and did not refute findings.
NJAC 8:39-9.3(2), Appendix B XI-5
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0557
(Tag F0557)
Could have caused harm · This affected multiple residents
Based on observation, interview, and review of pertinent facility documentation it was determined that the facility failed to treat all residents in a dignified manner. This deficient practice occurre...
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Based on observation, interview, and review of pertinent facility documentation it was determined that the facility failed to treat all residents in a dignified manner. This deficient practice occurred for two (2) of four (4) residents reviewed for dignity (Resident #14 and #67) and was evidenced by the following:
On 9/20/23 at 10:25 AM, the surveyor met with Residents #8, #14, #27, and #67 for the Resident Council meeting (RCm) in a closed-door meeting. During the RCm, the surveyor followed the probes (the process of asking questions and examining facts in a situation) in the survey process, in question #18 for if resident rights were being respected in a dignified manner, Residents #14 and #67 both claimed they were not.
On that same date and time, both residents informed the surveyor that staff at times do not knock before entering their room. Resident #14 stated that he/she was unable to remember the name of the staff and that it happened a few times on both morning and afternoon shifts.
At that time, a staff wearing a green scrub (the sanitary clothing worn by physicians, nurses, and other workers involved in patient care) entered the door, walked straight through the room without notifying the residents and the surveyor of the staff purpose. The surveyor greeted the staff, the staff did not respond, and later on the staff left after going to another room that was inside the room where the RCm was being conducted. Then, Resident #14 stated that the staff who entered the room was a nurse and the same staff the resident was talking about who entered the resident's room without knocking. Resident #14 further stated I remembered her (the nurse), but was unable to remember the name.
Furthermore, at that same time, during the RCm, another staff entered the room without first knocking and did not explain the purpose of why she entered the room. The Recreation Aide (RA) stated that she works in the activity department and wanted to get an activity supply after the surveyor's inquiry, and then the RA left.
On 9/20/23 at 11:07 AM, after the RCm ended, at the door was the Activity Director (AD). The surveyor notified the AD of the above concerns regarding the RA who did not knock prior to entering a closed room meeting, and the AD provided the RA's name.
On that same date and time, the Director of Nursing (DON) joined the AD. The surveyor notified the DON of the same concern and the surveyor asked the DON the name of the nurse who did not knock prior to entering the closed-door meeting room. The DON stated that she will get back to the surveyor.
On 9/20/23 at 11:22 AM, the surveyor went to the East wing unit and found the nurse who entered the room during the RCm. The Licensed Practical Nurse (LPN) acknowledged that she was the nurse who did not knock before entering the closed-door meeting room. The LPN stated that when she saw there was a meeting ongoing in the room she thought that it was just a regular meeting within the facility of residents and staff and she did not realize that it was the surveyor who was inside the room not until she was inside the room already.
At that time, the LPN informed the surveyor that she went inside the room to talk to the therapist (Rehabilitation staff) regarding her one resident. The LPN further stated I'm sorry, and that she realized afterward what she did, and that she should have knocked first before entering the room.
A review of Resident #14's most recent annual Minimum Data Set (aMDS), an assessment tool used to facilitate the management of care, with an Assessment Reference Date (ARD) of 8/10/23, showed in Section C Cognitive Patterns a Brief Interview for Mental Status (BIMS) score of 15 out of 15 which reflected that resident's cognitive status was intact.
A review of Resident #67's aMDS with an ARD of 9/07/23 in Section C a BIMS score of 15 which reflected that the resident's cognition was intact.
On 9/22/23 at 10:07 AM, the survey team met with the Licensed Nursing Home Administrator (LNHA) and the DON, and the surveyor notified the facility management of the above findings.
On 9/25/23 at 10:35 AM, the survey team met with the LNHA and the DON. The LNHA stated that the staff should have knocked first and waited to be accepted to enter, and explain what they were supposed to do, and that's our standard practice.
A review of the facility's Resident Rights Policy that was provided by the LNHA, with a revised dated August 2009 included that employees shall treat all residents with kindness, respect, and dignity. Policy Interpretation and Implementation: #3. Our facility will make every effort to assist each resident in exercising his/her rights to assure that the resident is always treated with respect, kindness, and dignity.
NJAC 8:39-4.1 (a)(12)
CONCERN
(E)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
Safe Environment
(Tag F0584)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Complaint# NJ00166296
Based on observation, interview, and review of pertinent facility documentation, it was identified that th...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Complaint# NJ00166296
Based on observation, interview, and review of pertinent facility documentation, it was identified that the facility failed to provide the residents with a safe, comfortable, clean, and homelike environment.
This deficient practice was identified in a) one (1) of three (3) residents, (Resident #142) reviewed for environment concerns, b) the dining, and c) the laundry area observed and reviewed for a clean, comfortable, and homelike environment of residents.
This deficient practice was evidenced by the following:
1. The surveyor reviewed Resident #142's medical records.
The admission Record (or face sheet; an admission summary) revealed that the resident was admitted to the facility with diagnoses that included but were not limited to chronic multifocal osteomyelitis (a disease that causes pain and damage in bones due to inflammation) right femur (right thigh bone), muscle weakness, anemia unspecified (when blood produces a lower-than-normal amount of healthy red blood cells), other abnormalities of gait and mobility.
The admission Minimum Data Set (aMDS), an assessment tool used to facilitate the management of care, with an Assessment Reference Date (ARD) of 8/02/23 showed a Brief Interview for Mental Status (BIMS) score of 15 out of 15 which indicated that the resident's cognitive status was intact.
A review of the 8/07/23 at 10:39 AM phone interview of another surveyor with the resident's Responsible Party (RP) revealed that according to the RP (also known as the caller), the resident's room was dusty, dirty, looked like not been cleaned in weeks, the air conditioner blows dust, and sheets not changed. The RP further stated that on 8/06/23 found clothes with feces in the corner of the bathroom and per RP according to Resident #142, they were there for two days.
According to the Census information in the electronic medical records, the resident was in the following rooms during resident's stay in the facility:
West Wing 1st Floor 24-2 Semi-Private
West Wing 1st Floor 2-2 Semi-Private
West Wing 1st Floor 6-1 Semi-Private
A review of the provided folder of Pest Control Log (PCL) by the Licensed Nursing Home Administrator (LNHA) included invoice#430427 for a work date of 9/15/23; service description: pest-weekly service; general comments/instructions: Inspected areas on the first floor; treated rooms included room [ROOM NUMBER] as a continued preventative all baseboard heater vents in hallways were treated for roach activity. Recommend continued sanitation practices in the facility.
On 9/19/23 at 10:46 AM, the surveyor and the Director of Nursing (DON) toured the [NAME] wing unit and entered room [ROOM NUMBER], there were no residents in the room at that time and the DON stated that the residents were in the activity. Upon entry, both the surveyor and the DON observed the blackish substances in the flooring edges around the door, bed one (a bed near the door) and bed two (a bed near the window) cork boards and overhead lights checked by the DON with use of her bare hands and observed an accumulation of dust. The DON stated that it should have been cleaned.
Then both the surveyor and the DON went inside the shared toilet room and observed that the tissue holder was broken and no tissue paper. The DON further stated that she would have it fixed. According to the above information, this was the previous room of Resident #142.
On 9/19/23 at 10:51 AM, the surveyor and the DON went to room two (2) and the two current residents were not in the room. Both the surveyor and the DON observed there was high dusting in both beds in their cork boards where the activity calendars were posted and the overbed lights. The DON confirmed the high dusting by DON touching the surfaces with her hands and noted dust accumulation. room [ROOM NUMBER] was the previous room of Resident#142. The DON stated that it should have been cleaned.
On 9/19/23 at 10:53 AM, the surveyor and the DON went to room six (6) and both observed that the room was closed. The DON informed the surveyor that there were no residents in room [ROOM NUMBER] which was why it was closed, then the surveyor and the DON entered room [ROOM NUMBER] and there were two made beds (bed one and bed two), and there was an extra bed with no mattress. The surveyor asked the DON if that was appropriate to store an extra bed inside a clean room. The DON stated that it was okay to store an extra bed inside the room and that it would be removed once admission came in.
On that same date and time, both the surveyor and the DON observed the adjoined toilet room between rooms 5 (five) and 6 (six). There was a broken bedpan with a minimal amount of water that was on the floor with no identification to whom the used bedpan was. The DON picked up the bedpan from the floor and the DON stated that it should not be there. There was also a urinal hung on the handrail, the used urinal had a yellow colored substance on the bottom part of the urinal and the DON stated that she did not know who was using the urinal and that it should not be there. The toilet holder was broken, the DON attempted to put the toilet paper but it would not hold.
2. On 9/19/23 at 10:38 AM, the surveyor toured the dining area. There were 16 residents and five (5) facility staff assisting the residents with activity. The surveyor interviewed the MDS Coordinator/Registered Nurse (MDSC/RN). The MDSC/RN informed the surveyor that the area was called the Recreation and Dining Area. Both the surveyor and the MDSC/RN observed the back wall of the dining area with scattered multiple black and brownish substances from the lower part to the top of the ceiling wall. There was a wall painting of a tree and a piano near the back of the wall. Next to the piano area were two vending machines (one machine for food/snacks and the other vending machine for drinks soda/water) at the back and bottom part were scattered papers, an empty carton of Ensure milk with a straw inside, round shape reddish candy, a coin, socket screwdriver, scattered accumulation of dust. Next to the two vending machines was the suction machine covered with plastic. The plastic covering of the suction machine had scattered holes and with accumulation of dust. The center area above the ceiling of the dining area was three (3) exhaust fans with dust accumulation. The three exhaust fans were in used.
At that same time, the MDSC/RN confirmed the above findings and stated that it should have been cleaned.
On 9/19/23 at 10:43 AM, the surveyor and the DON observed the Soiled Utility room in the [NAME] wing, the entrance flooring with blackish substances around the area edges and the DON confirmed that it should have been cleaned.
On 9/21/23 at 8:47 AM, the LNHA stated that he was aware of the surveyor's concerns regarding facility cleanliness and environmental issues.
Further review of the PCL, included invoice#426634 for a work date of 8/02/23; service description: pest-weekly service; general comments/instructions: Followed up on rooms completed in [NAME] wing rooms 24 to 33 for roach activity. Recommend cleaning each room thoroughly. Treated day room behind the piano for roaches. Treated bathrooms on the East and [NAME] side.
3. On 9/22/23 at 8:21 AM, the surveyor toured the Laundry area and observed Housekeeper#1 (HK#1), HK#2, HK#3, and Laundry Staff (LS). HK#1 stated that she will call the Housekeeping Director (HD) to assist the surveyor with the Laundry tour. HK#1 further stated that since the breakfast trays were in the units, housekeepers were in the laundry area to help in folding.
Upon entry to the Laundry area there was a metal rack of donated clothes not covered, a table with folded blankets, a box of gloves, a plastic bottle of soda with below half liquid content, paper, and rolled plastic bags, across the table was another table with multiple socks on top which HK#3 putting them together and above the table where multiple socks was a hanging electric fan in use with surrounded accumulation of dust in the metal parts of the fan. There were 3 dryers not in use at that time.
On 9/22/23 at 8:24 AM, the HD entered the laundry area and informed the surveyor in the presence of three housekeepers and LS that she started working in the facility for four weeks. The surveyor and the HD both observed the hanging electric fan in use with accumulation of dust and below was a folding table with multiple different clean socks. The surveyor asked the HD about the electric fan in use what was around the metal parts of the fan and how long she thinks it was not cleaned, the HD stated that it was dust and probably, a week it was not clean. The HD further stated that she would ask the [NAME] who was responsible for cleaning the fan to clean it. The HD stated that those socks were considered clean and being folded and that the donation clothes in the metal racks were considered clean as well.
On that same date and time, the surveyor and the HD then went to the three metal racks near the table of folded blankets wherein on top of the metal rack was a plastic food container, a personal phone next to clean folded towels, in the middle of two metal racks was a feather duster touching the clean folded blankets. On the last metal rack on top were two plastic divider curtain which were dirty accumulation of dust and black and brown substances that was tucked between clean folded privacy curtain. The HD stated that the personal phone should not be placed in the clean folded towels, the feather duster used for cleaning should not be near the clean folded blankets and any other clean supplies, and the plastic divider curtain which will be replaced soon awaiting for replacement should not be tucked in a clean privacy curtain for residents due to contamination and infection control.
At the same time, the surveyor also asked the HD to check the metal racks for cleanliness and the HD swiped her fingers on top of the metal rack for cleaned folded blankets and fitted sheets and informed the surveyor that there was high dusting that should have been cleaned. The HD also stated that she would ask the LS to rewashed the contaminated supplies and she educated the housekeepers and the LS regarding personal phones and personal soda not being placed on the tables used for folding clean linens, towels, socks, blankets, and fitted sheets as well as cleaning equipment and supplies away from cleaned supplies.
Furthermore, the HD explained to the surveyor that the 1st room was considered a clean area where the three dryers were located, and the next room in between the plastic divider curtain was considered the dirty room where the two washers were located. The HD confirmed that the plastic curtain divider had multiple scattered black and brown substances and accumulation of dust should have been cleaned.
On 9/22/23 at 8:42 AM, the surveyor observed the shared toilet room of rooms five (5) and six (6), and the toilet paper dispenser was not fixed, the metal part was apart.
On 9/22/23 at 8:47 AM, the surveyor observed the shared toilet room of rooms [ROOM NUMBERS], the toilet paper dispenser was not fixed and missing a middle part that would hold the tissue paper. At that time, tissue paper was placed on top of the handrail of the toilet seat.
On 9/22/23 at 8:49 AM, the surveyor, DON, and the Maintenance Director both went to the shared toilet of rooms [ROOM NUMBERS], there were no residents in the rooms at that time. Both the surveyor and the facility management observed that there was a missing part on the toilet dispenser. The surveyor also notified the facility management that it was the same in the shared toilet room of rooms [ROOM NUMBERS] and the Maintenance Director stated that he would be back to get the missing part replacement and will fix the one in rooms [ROOM NUMBERS].
On 9/22/23 at 10:07 AM, the survey team met with the LNHA and the DON and were made aware of the above findings.
On 9/25/23 at 10:35 AM, the survey team met with the LNHA and the DON. The LNHA informed the surveyor that rooms in the [NAME] wing (rooms 2, 3, 5, 6, and 24) were immediately cleaned after the surveyor's inquiry. The LNHA acknowledged the high dusting and stated that the tissue holders were replaced immediately. He further stated that he acknowledged the concerns about environmental issues that were brought out by the surveyor during the environmental tour in the dining area, resident rooms, and laundry area.
A review of the undated Housekeeping Policy that was provided by the LNHA included that it is the policy of this facility to provide and maintain a safe, clean, and homelike environment for residents. All equipment and environmental surfaces shall be clean to sight and touch. All toilets and bathrooms shall be kept clean to sight and touch, in good repair, and free of odors.
On 9/28/23 at 01:30 PM, the survey team met with the LNHA, DON, and [NAME] President of Clinical Services. The facility management did not provide additional information and did not refute findings.
NJAC 8:39-31.2 (e), 31.4(a)(f)
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
Grievances
(Tag F0585)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** 3. On 9/19/2023 at 1:07 PM, in the presence of the survey team, the surveyor asked the LNHA to confirm that the requested report...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** 3. On 9/19/2023 at 1:07 PM, in the presence of the survey team, the surveyor asked the LNHA to confirm that the requested reportable to the State Agency (SA) was submitted to the team its entirety.
At that time, LNHA stated he would have to confirm with nursing.
The LNHA stated that the investigation and reportable were in one sheet and section three (3) was the conclusion. Once a reportable event occurred, we (the LNHA, nursing and social worker) investigated, and interviewed all parties. The LNHA stated that the SA form AAS-45 was used to document the information gathered from the investigation, interviews, and conclusion. The witnesses, when applicable would write their statement on a piece of paper.
The surveyor reviewed the Reportable Event Record/Report form AAS-45 (a facility reported event/incident; FRE/FRI) for Resident #143 which included the following:
Today's Date: 8/14/23
Date of Event 8/12/23
Time of Event 11:30 PM
Was this a significant event? No
Was significant event called in? Yes, 8/14/23 at 2:20 PM
Location of Incident: Facility enclosed patio
Type of Incident: Staff to Resident Abuse
1) On 8/14/23, Resident #143 reported that on 8/12/23 at approximately 11:30 PM, [he/she] was talked to rudely by staff.
2) Prior to the event, was a plan of care developed that addressed this issue, and were planned interventions in place when the event occurred? Not Applicable
3) What interventions were implemented after the incident/event? .
The employee was removed off the schedule. the physician and psych were notified of the event. administration reviewed the policy with Resident#143 about going outdoors after hours. during our investigation, it was noted that Resident #143 was observed sitting on the ground on the enclosed patio with legs crossed looking for used cigarette butts. the staff asked [the resident] to stop and return indoors because it was late. [The resident] began to yell and curse at him/her. After a short while, he/she was eventually able to coax [the resident] to their room, despite objections.
Abuse in this case was found to be unsubstantiated .
The surveyor reviewed the facility provided Grievance log for August 2023, which did not include the FRE for Resident #143.
The surveyor reviewed the medical records for Resident #143.
A review of the resident's AR reflected that Resident #143 was admitted to the facility with diagnoses that included but were not limited to malignant neoplasm of supraglottis (cancer above the true vocal cords, emphysema (a lung condition that causes shortness of breath) , undifferentiated schizophrenia (a serious mental illness that affects how a person thinks, feels, and behaves), dysphagia (swallowing disorder)
According to the admission MDS dated [DATE], Resident #143 was documented with a BIMS score of 15 out of 15, indicated that resident was cognitively intact.
Further review of the MDS section E Behavior revealed the resident was not delusional and section N revealed the resident received antipsychotic, and antianxiety medications.
On 9/21/23 at 11:31 AM, during a meeting with the surveyors, and the DON the LNHA stated he was the abuse coordinator since 7/31/23, when he started with the facility. The LNHA explained the process for allegation of abuse.
At that time, the LNHA stated that allegations were documented into the grievance log or risk management report. The LNHA further clarified that grievance forms, complaints, and missing items were documented into the grievance log. The Social Worker (SW) kept the grievance forms and the grievance log. The grievance log was checked by the LNHA every morning and discussed during the morning and afternoon meeting to bring awareness to everyone.
At that time, the DON stated the Social Worker would conduct interviews and write a statement that is not on the electronic file. After the whole investigation the SA and the Ombudsman are notified. After the conclusion whether substantiated or not we do not assign the same Certified Nursing Assistant CNA/or staff to the same resident to prevent further issues.
At that time, the LNHA stated for reported events/incident (FRE/FRI), the SA form AAS-45 is utilized. He further stated that the unreported events and if we obtain a statement, it would be on the grievance form which the SW kept. The LNHA informed the surveyor that She is the end person of the reporting process. The LNHA further stated that all staff can initiate the reporting process.
On 9/21/23 at 12:46 PM, during a follow up interview with the surveyors, the LNHA and the DON stated the resident concern form was used to track all concerns with residents, family and other types. The record was important to track for trend issues and concerns. The trends were tracked by the department heads who also reported during our morning and afternoon meetings.
At that time, the surveyor asked the LNHA how grievances were identified and tracked for trend since Resident #143's grievance was not documented on the grievance log. The LNHA stated we do not have a way to track the trend of grievances.
On 9/22/23 at 10:09 AM, during a meeting with the survey team, LNHA and DON, the surveyor discussed the concerns regarding the facilities process failure of receiving and tracking the trend for grievances.
On 9/25/23 at 10:56 AM, during a meeting with the survey team, and the DON, the LNHA stated after the surveyor inquiry, they added Resident #143' a information to the grievance log. The LNHA stated their process was that when a concern was brought to the attention of a facility representative, we then would log the information into the grievance log.
At that time, the LNHA acknowledged the Resident #143's grievance regarding a staff to resident abuse should have been record into the grievance log for trend tracking.
No further information was provided.
A review of the facility provided policy Resident Grievance/Complaint Policy included:
Policy Statement; Any resident his/her representatives (sponsor), interested family member or advocate may file a grievance/complaint concerning his/her treatment, medical care, behavior of other residents, staff members, theft of property, etc., without fear of reprisal in any forms.
Procedure:
1.
Obtain a complaint form from the nurse's station or social services office.
A review of the facility provided policy titled, Prohibition of Resident Abuse & Neglect dated 3/18/23, included the following:
Prevention
3. Encourage residents, families and staff to report concerns, incidents and grievances without the fear of retribution and provide feedback regarding the concerns that have been expressed.
Reporting
1. Any witnessed, alleged, or suspected violations involving mistreatment, neglect or abuse, .MUST BE REPORTED IMMEDIATELY TO THE EMPLOYEE'S SUPERVISOR.
2. The supervisor must immediately notify the Administrator and/or the Director of Nursing.
3. Abuse allegations .will be REPORTED IMMEDIATELY
to the appropriate authorities by the Administrator and/or the Director of Nursing including but not limited to local law enforcement agencies, NJDOH, and NJ Ombudsman in compliance with regulatory requirements.
4. Reports must be submitted in writing, which may include incident report, employee statement, grievance/concern form, or other written documentation .
7. Upon receiving reports of abuse .the Charge Nurse and/or Nursing Supervisor shall immediately examine and interview the resident.
8. The information and examination will be recorded in the resident's medical record .
18. Appropriate agencies will be contacted by telephone to report instances of abuse immediately, including but not limited to NJDOH, the local police, and the Office of the Ombudsman.
19. A written report will follow as required by the reporting agency.
On 9/28/23 at 01:30 PM, the survey team met with the LNHA, DON, and [NAME] President of Clinical Services. The facility management did not provide additional information and did not refute findings.
NJAC 8:39-4.1(a)(35);13.2(c)
Complaints: #NJ00164042, # NJ00166566, #NJ00165848, #NJ00166567
Based on observation, interview, and review of pertinent documents, the facility failed to ensure that the method for filing a grievance was consistent with the facility's practice and policy.
This deficient practice was identified for five (5) of five (5) residents, (Residents #10, #13, #56, #82, and #143) reviewed. This deficient practice was evidenced by the following:
1. On 8/19/23 at 11:00 AM, the surveyor asked the Licensed Nursing home administrator (LNHA) for a copy of Resident #10's grievance reports for the last five (5) months, and the LNHA stated that he will get back to the surveyor.
The provided Grievance/Complaint Report (G/CR) logs showed that the months of April 2023, May 2023, and August 2023 did not reflect a grievance logged for Resident #10.
A review of Complaint #NJ00164042 reflected an alleged event date on 4/28/23 showed that the resident complained about a staff member yelled and attempted to give the resident with a wrong medication.
A review of Complaint #NJ00166566 reflected an alleged event on 8/15/23 showed that Resident #10 reported Resident #13 inappropriately touched Resident #82.
Further review of the above G/CR logs and complaint and reported concern of Resident #10 revealed that there was no grievance documentation that was initiated on 4/28/23 and 8/15/23.
The surveyor reviewed the medical records of Resident #10.
The resident's admission Record (AR; or face sheet; admission summary) reflected that the resident was admitted to the facility with diagnoses that included but not limited to; dementia in other diseases classified elsewhere(a person is presenting signs and symptoms of dementia and has a dementia diagnosis, but they lack any symptoms of behavioral disturbances), major depressive disorder (mental health disorder characterized by persistently depressed mood or loss of interest in activities, causing significant impairment in daily life).
The comprehensive Minimum Data Set (cMDS), an assessment tool used to facilitate the management of care, with assessment reference date (ARD) of 7/18/23 showed that the resident's Brief Interview for Mental Status (BIMS) score was 14 out of 15, which indicated that the resident's cognitive status was intact.
The surveyor reviewed the medical records of Resident #13.
The resident's AR reflected that the resident was admitted to the facility with diagnoses that included but not limited to; chronic kidney disease (involves a gradual loss of kidney function), Parkinson's disease (a brain disorder that causes unintended or uncontrollable movements, such as shaking, stiffness, and difficulty with balance and coordination), schizophrenia (a serious mental illness that affects how a person thinks, feels, and behaves), unspecified dementia (a condition in which a person loses the ability to think, remember, learn, make decisions, and solve problems).
The cMDS with an ARD of 8/03/23 showed that the resident's BIMS score was 4 out of 15, which indicated that the resident's cognitive status was severely impaired.
The surveyor reviewed the medical records of Resident #82.
The resident's AR reflected that the resident was admitted to the facility with diagnoses that included but not limited to; unspecified intellectual abilities (diagnosis given when an individual is over the age of five and standardized testing is unable to be completed due to physical, motor, behavioral, or mental health factors) and Type 2 diabetes (a disease that occurs when your blood glucose, also called blood sugar, is too high).
The quarterly MDS (qMDS) with an ARD of 9/10/23 showed that the resident's BIMS score was 4 out of 15 which reflected that the resident's cognition was severely impaired.
On 9/21/23 at 11:31 AM, the survey team met with the LNHA and the Director of Nursing (DON). The surveyor asked the facility management about the process of handling grievances. The DON stated that the staff would initiate the resident complaint form and it would be given to the Unit Manager, the DON or the LNHA.
On that same date and time, the LNHA stated that once the grievance was reported to New Jersey Department of Health (NJDOH), it will be followed up, and investigated. The LNHA further stated that he should be aware, and the grievance would be logged and filed for document keeping in the grievance binder. The LNHA informed the surveyors that he manages the grievance binder.
2. On 9/20/23 at 02:45 PM, the surveyor reviewed the reportable event record/report AAS-45 (FRE; Facility Reported Event) dated 7/10/23 that was provided by the facility which included the following:
Today's Date: 7/10/2023
Date of Event: 7/06/2023
Time of Event: unk [unknown]
Was This a Significant Event? Yes
Was Significant Event Called in? Yes Date: 7/10/2023 Time: 5:15 PM
Type of Incident: Staff-to-Resident Abuse
Narrative:
1) Describe the event .
Resident #56 allegedly told Responsible Party (RP) that while changing his/her diaper the individual described as [redacted] slapped resident's forearm. He/she said that since the alleged incident, he/she has not seeing [seen] the person again .
3) What interventions were implemented after the incident/event? .
Skin assessment reveals with no redness or bruising noted and Resident #56 was assessed and does not report any pain or discomfort. Resident #56 alleged incident happened in the evening to RP but upon his/her interviewed told the nurse it happened in the day shift and stated the person did not hit him/her but was rough. After reviewing all statements and visual assessment, no bruising or discoloration noted on the patient's body, in addition to his/her discrepancies of the time of the incident and coupled with the description of the alleged perpetrators, we conclude that the allegation of abuse is unsubstantiated
Review of the additional documentation attached to the report included the following:
Copy of an email from Assistant Director of Nursing (ADON) to the former LNHA and the former Social Worker dated Fri. (Friday) Jul (July) 7, 2023 at 3:58 PM .Resident #56's RP will be in on Monday 7/10/2023 to discuss concerns with her/his [parent].
The surveyor reviewed the medical record for Resident #56.
The AR reflected that the resident had been admitted with diagnoses which included but were not limited to wedge compression fracture of first lumbar vertebra, type 2 diabetes mellitus and cerebral infarction.
The significant change in status MDS dated [DATE], reflected that the resident had a BIMS score of 10 out of 15, which indicated that the resident's cognitive status was moderately impaired.
On 9/21/23 at 9:41 AM, the surveyor, in the presence of the LNHA asked the DON about Resident #56's FRE. The DON stated that she was not here at the time and that she was on vacation. She then asked the ADON to come to the office.
On 9/21/23 at 9:42 AM, the surveyor interviewed the ADON in the presence of the DON regarding Resident #56's FRE. The ADON stated that Resident #56's RP was told about the alleged incident by another RP the next morning. ADON stated that the alleged event happened on 7/06/23. The surveyor asked the ADON why the allegation of abuse was not reported right away and was reported on 7/10/23. The ADON stated that she did not that information.
On 9/21/23 at 11:31 AM, in the presence of the survey team, the surveyor asked the LNHA and DON what the process was for an allegation of abuse. The LNHA stated that the alleged threat is removed from the situation and that it is called in to the state and Ombudsman and then investigated [the allegation]. The surveyor then asked if there was a form that was used. The DON stated that it depended on the type of allegation but that they might fill out the AAS-45. She added that if someone alleged that they were hit by a staff member then that person would be taken off the schedule, we would talk to the resident and to staff and that the resident would have a body assessment done. The surveyor then asked if there should be documentation in the medical record and where it would be located if a family member made an allegation of abuse. The LNHA stated that it would be documented in the grievance [log]. The DON stated that if would not be in the progress notes.
On 9/21/23 at 12:46 PM, in the presence of the survey team and DON, the surveyor asked the LNHA if the grievance form was used for everyone. The LNHA stated yes. He then added that the monthly log was just to track but that each incident would have a form that was filled out. The surveyor then asked why was it important to maintain a record of complaints. The LNHA stated that it was to track and see if there were any trends.
A review of Resident #56's Progress Notes from 7/01/23 to 7/13/23 did not include a note that a RP alleged abuse by a staff member.
A review of the facility provided Grievance Log for July 2023 did not include an allegation of abuse in regards to Resident #56.
On 9/22/23 at 10:38 AM, in the presence of the survey team, the surveyor notified the LNHA and DON the concern that Resident #56's allegation of abuse by the resident's RP was not listed as a grievance in the facility's grievance log. The LNHA stated that it seemed that the facility did not put allegations of abuse on the grievance form if it was reported to the state.
On 9/27/23 at 01:38 PM, in the presence of the survey team and the DON the LNHA stated that there was no additional information but that moving forward the facility would put reportable's on the grievance form/log.
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** Complaints: #NJ00164042, # NJ00166566, NJ#165848
Based on observation, interview, record review and review of pertinent facility...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Complaints: #NJ00164042, # NJ00166566, NJ#165848
Based on observation, interview, record review and review of pertinent facility documents, it was determined that the facility failed to report to the New Jersey Department of Health (NJDOH) an allegation of staff to resident abuse in accordance with federal and state requirements for the timing of reporting such allegations of abuse to the state agency. The deficient practice was identified for four (4) of six (6) investigations of reportable incidents reviewed (Residents #10, #13, #56 and #82).
This deficient practice was evidenced by the following:
1. On 8/19/23 at 11:00 AM, the surveyor asked the Licensed Nursing home administrator (LNHA) for a copy of Resident #10, #13 and #82 Incident/Accident and Reportable (I/A&R) reports for the last five (5) months, and the LNHA stated that he will get back to the surveyor.
A review of the provided I/A&R reflected that Complaint #NJ00164042 and # NJ00166566 were both reported beyond the required timeframe as follows:
The Staff to Resident allegation of abuse of Resident #10 with a Complaint # NJ00164042 reflected an alleged event date on 4/28/23 at 5:35 PM and intake receive date of 5/05/23 at 3:30 PM.
The Resident to resident allegation of abuse of Resident #10 that included Resident #13 and #82, with a Complaint # NJ00166566 reflected an alleged event date on 8/15/23 at approximately 8:00 AM and intake receive date of 8/17/23 at 01:33 PM.
The surveyor reviewed the medical records of Resident #10.
The resident's admission Record (AR; or face sheet; admission summary) reflected that Resident #10 was admitted to the facility with diagnoses that included but not limited to; dementia in other diseases classified elsewhere (a person is presenting signs and symptoms of dementia and has a dementia diagnosis, but they lack any symptoms of behavioral disturbances), major depressive disorder (mental health disorder characterized by persistently depressed mood or loss of interest in activities, causing significant impairment in daily life).
The comprehensive Minimum Data Set (cMDS), an assessment tool used to facilitate the management of care with assessment reference date (ARD) 7/18/23 showed that the resident's Brief Interview for Mental Status (BIMS) score was 14 out of 15 which indicated that resident's cognitive status was intact.
The surveyor reviewed the medical records of Resident #13.
Resident #13's AR reflected that the resident was admitted to the facility with diagnoses that included but not limited to; chronic kidney disease (involves a gradual loss of kidney function), acute kidney failure (occurs when your kidneys suddenly become unable to filter waste products from your blood), Parkinson's disease (a brain disorder that causes unintended or uncontrollable movements, such as shaking, stiffness, and difficulty with balance and coordination), schizophrenia (a serious mental illness that affects how a person thinks, feels, and behaves), unspecified dementia (a condition in which a person loses the ability to think, remember, learn, make decisions, and solve problems).
The cMDS with an ARD of 8/03/23 showed that the resident's BIMS score was 4 which indicated that resident's cognitive status was severely impaired.
The surveyor reviewed the medical records of Resident #82.
Resident #82's AR reflected that the resident was admitted to the facility with diagnoses that included but not limited to; unspecified intellectual abilities (diagnosis given when an individual is over the age of five and standardized testing is unable to be completed due to physical, motor, behavioral, or mental health factors) and type 2 diabetes (a disease that occurs when your blood glucose, also called blood sugar, is too high).
The quarterly MDS (qMDS) with an ARD of 9/10/23 showed that the resident's BIMS score was 4 which indicated that the resident's cognitive status was severely impaired.
2. On 9/20/23 at 02:45 PM, the surveyor reviewed the reportable event record/report AAS-45 (FRE; Facility Reported Event) dated 7/10/23 that was provided by the facility which included the following:
Today's Date: 7/10/2023
Date of Event: 7/06/2023
Time of Event: unk [unknown]
Was This a Significant Event? Yes
Was Significant Event Called in? Yes; Date: 7/10/2023; Time: 5:15 PM;
Type of Incident: Staff-to-Resident Abuse
Review of the additional documentation attached to the report included the following:
Body Check V 3.1 Effective date: 7/07/2023 01:41 PM. Other, specify: No visible discoloration, skin tear or scar opening or injuries. Signed date: 7/07/2023.
Copy of an email from Assistant Director of Nursing (ADON) to the former LNHA and the former Social Worker dated Fri. (Friday) Jul (July) 7, 2023 at 3:58 PM .Resident #56's Responsible Party#1 (RP#1) will be in on Monday 7/10/2023 to discuss concerns with her/his [parent].
The surveyor reviewed the medical record for Resident #56.
The AR reflected that the resident had been admitted with diagnoses which included but were not limited to wedge compression fracture of first lumbar vertebra (the front of the vertebral body collapses but the back does not, meaning that the bone assumes a wedge shape), type 2 Diabetes Mellitus and cerebral infarction (also called ischemic stroke, occurs as a result of disrupted blood flow to the brain due to problems with the blood vessels that supply it).
The significant change in status MDS dated [DATE], reflected that the resident had a BIMS score of 10 out of 15, which indicated the resident had mildly impaired cognition.
On 9/21/23 at 9:41 AM, the surveyor, in the presence of the LNHA asked the DON about Resident #56's FRE. The DON stated that she was not here at the time and that she was on vacation. She then asked the ADON to come to the office.
On 9/21/23 at 9:42 AM, the surveyor interviewed the ADON in the presence of the DON regarding Resident #56's FRE. The ADON stated that Resident #56's RP#1 was told about the alleged incident by RP#2 the next morning. ADON stated that the alleged event happened on 7/06/23. The surveyor asked the ADON why the allegation of abuse was not reported right away and was reported on 7/10/23. The ADON stated that she did not have the information.
On 9/21/23 at 11:31 AM, in the presence of the survey team, the surveyor asked the LNHA and DON what the process was for an allegation of abuse. The LNHA stated that the alleged threat is removed from the situation and that it is called in to the state and Ombudsman and then the allegation was investigated. The surveyor asked if there was a timeframe that the allegation of abuse was to be reported to the NJDOH. The LNHA stated that the timeframe was right away if it was abuse, within one hour.
At that same time, the surveyor then asked if there was a form that was used. The DON stated that it depended on the type of allegation but that they might fill out the AAS-45 (FRE form from NJDOH). She added that if someone alleged that they were hit by a staff member then that person would be taken off the schedule, we would talk to the resident and to staff and that the resident would have a body assessment done. The surveyor then asked if there should be documentation in the medical record and where it would be located if a family member made an allegation of abuse. The LNHA stated that it would be documented in the grievance [log]. The DON stated that it would not be in the progress notes.
On 9/21/23 01:28 PM, the LNHA stated that he spoke with the former LNHA and that the former LNHA stated that he was notified on July 10, 2023 when he met with Resident #56's family and that was when the former LNHA reported the allegation to NJDOH. The LNHA stated that the ADON emailed the former LNHA and former Social Services Director on 7/07/23 that Resident #56's family would be in on 7/10/23 to discuss concerns regarding Resident #56. The surveyor then asked the LNHA if the facility was notified of the allegation of abuse on 7/10/23 then would not the skin assessment be dated 7/10/23 and not 7/07/23. The LNHA stated yes.
On 9/21/23 at 3:38 PM, the surveyor reviewed the assessment tab in the electronic medical record of Resident #56 and there was only one body check dated 7/07/23 from the time period of June 2022 to present. A review of the July 2023 Medication and Treatment Administration Record did not indicate there was a weekly order for a skin observation that could have been done on 7/07/23.
On 9/22/23 at 7:37 AM, the surveyor interviewed the Licensed Practical Nurse (LPN) that signed Resident #56's skin assessment dated [DATE] regarding what situations would a skin assessment might be done. The LPN stated that if a resident had a fall and if a staff member saw something different on a resident then a skin assessment would be done. The surveyor asked if a skin assessment would be done if someone complained about someone hitting them. The LPN stated yes and that usually he would document the reason why the skin assessment was done in a note. The surveyor then asked the LPN about the reason Resident #56's skin assessment was done on 7/07/23. The LPN did not recall why the skin assessment was done that day.
A review of Resident #56's Progress Notes from 7/01/23 to 7/13/23 did not include a note that indicated the reason why the skin assessment was done on 7/07/23 and did not include a note that a family member alleged abuse by a staff member.
On 9/22/23 at 9:20 AM, in the presence of the LNHA and DON, the surveyor asked the ADON what time the meeting was on 7/10/23 between Resident #56's daughter and the former LNHA. The ADON stated that the meeting was at 10 am.
On 9/22/23 at 10:38 AM, in the presence of the survey team, the surveyor notified the LNHA and DON the concern that Resident #56's allegation of abuse was not reported immediately or within two hours to the NJDOH.
On 9/27/23 at 01:38 PM, in the presence of the survey team and the DON, the LNHA stated that there was no additional information. The LNHA stated that from the emails the former LNHA met with the family on that Monday (7/10/23) and called it in on Monday (7/10/23). The surveyor asked if the meeting was at 10 AM then why was it not called in until 5:15 PM that evening. The LNHA did not provide any further information.
A review of the facility provided policy titled, Prohibition of Resident Abuse & Neglect dated 3/18/23, included the following:
Prevention
3. Encourage residents, families and staff to report concerns, incidents and grievances without the fear of retribution and provide feedback regarding the concerns that have been expressed.
Reporting
1. Any witnessed, alleged, or suspected violations involving mistreatment, neglect or abuse, .MUST BE REPORTED IMMEDIATELY TO THE EMPLOYEE'S SUPERVISOR.
2. The supervisor must immediately notify the Administrator and/or the Director of Nursing.
3. Abuse allegations .will be REPORTED IMMEDIATELY
to the appropriate authorities by the Administrator and/or the Director of Nursing including but not limited to local law enforcement agencies, NJDOH, and NJ Ombudsman in compliance with regulatory requirements.
4. Reports must be submitted in writing, which may include incident report, employee statement, grievance/concern form, or other written documentation .
7. Upon receiving reports of abuse .the Charge Nurse and/or Nursing Supervisor shall immediately examine and interview the resident.
8. The information and examination will be recorded in the resident's medical record .
18. Appropriate agencies will be contacted by telephone to report instances of abuse immediately, including but not limited to NJDOH, the local police, and the Office of the Ombudsman.
19. A written report will follow as required by the reporting agency.
On 9/28/23 at 01:30 PM, the survey team met with the LNHA, DON, and [NAME] President of Clinical Services for an Exit Conference. The facility management did not provide additional information and did not refute findings.
N.J.A.C. 8:39-5.1(a), 13.4(c)(2)(v)
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0944
(Tag F0944)
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 ensure facility staff had mandatory training that outlined and informed staff...
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Based on observation, interview, and review of pertinent facility documents, it was determined that the facility failed to ensure facility staff had mandatory training that outlined and informed staff of the elements and goals of the facility's Quality Assurance and Performance Improvement (QAPI) program for five (5) of five (5) Certified Nurse Assistants (CNAs) reviewed for mandatory education.
The deficient practice was evidenced by the following:
The surveyor requested five (5) random CNA education files within a year according to their date of hire.
A review of the facility form, Continuing Education Record for 2022 to 2023 revealed the log did not include the mandated QAPI education training for CNA#1, #2, #3, #4, and #5.
On 9/27/23 at 12:06 PM, during an interview with the surveyor, the Licensed Practical Nurse / Assistant Director of Nursing (ADON) Infection Preventionist /Education Co-Ordinator (EC) stated she received an informal training from the previous ADON.
At that time, the EC stated the QAPI education training was for the director and managers. We have not done it for the CNAs, nurses or other staff.
On 9/27/23 at 01:4 PM, during a meeting with the surveyors, the Licensed Home Nursing Administrator (LNHA) and the Director of Nursing (DON), the surveyor discussed the concern regarding the missing in-services for the CNAs.
On 9/28/23 at 11:32 AM, during a meeting with the surveyors and the DON, the LNHA stated moving forward we added the behavioral health training and Quality Assurance and Performance Improvement (QAPI) program.
No additional information was provided.
On 9/28/23 at 01:30 PM, the survey team met with the LNHA, DON, and [NAME] President of Clinical Services (VPoCS). The facility management did not provide additional information and did not refute findings.
N.J.A.C. 8:39-9.3(2),33.1
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Food Safety
(Tag F0812)
Could have caused harm · This affected most or all residents
Based on observation, interview, and review of other facility documentation, it was determined that the facility failed to store foods, maintain sanitation in a safe, and consistent manner to prevent ...
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Based on observation, interview, and review of other facility documentation, it was determined that the facility failed to store foods, maintain sanitation in a safe, and consistent manner to prevent food borne illness.
This deficient practice was evidenced by the following:
On 9/18/23 at 10:15 AM, the surveyor toured the kitchen with the Food Service Director (FSD) and observed the following:
1. In the freezer the surveyor found one opened box of breaded eggplant without an open and use by date. The interior bag holding the eggplant strips were opened and unlabeled. The FSD stated, that the exterior of the box should be labeled with the open and used by date. She also stated, the interior bag once opened should be label and dated.
2. In the freezer the surveyor found one opened box of pancakes. The exterior of the box was labeled with 8/31 (no year was indicated). The FSD could not explain if 8/31 was a received on, used by, or open date. The interior bag holding 24 pancakes was opened and unlabeled. The FSD stated, that the exterior of the box should be labeled with the open and used by date. She also stated, the interior bag once opened should be label and dated.
3. In the freezer the surveyor found one opened box of strawberries. The exterior of the box was labeled with 4/6 delivery date (no year was indicated). The interior bag was opened and unlabeled. The FSD stated, that the exterior of the box should be labeled with the open and used by date. She also stated, the interior bag once opened should be label and dated.
4. In the freezer the surveyor found one opened box of blueberries without an open and use by date. The interior bag holding was opened and unlabeled. The interior bag was opened and unlabeled. The FSD stated, that the exterior of the box should be labeled with the open and used by date. She also stated, the interior bag once opened should be label and dated.
5. During rounds with FSD, the surveyor observed four (4) six in food pans stacked together with water droplets on the interior of each one. The FSD stated, these pans should have been dried thoroughly prior to putting them away to prevent infection and cross contamination while cooking.
A review of Rose Mountain Care Center Food Storage Procedure provided by the FSD, indicated; #5) All food stored in refrigerator or freezer shall be labeled and dated and #8) Uncooked and raw animal products and fish shall be stored separately and below fruits, vegetables and other ready to eat foods.
On 9/28/23 at 01:30 PM, the survey team met with the LNHA, DON, and [NAME] President of Clinical Services (VPoCS). The facility management did not provide additional information and did not refute findings.
NJAC 8:39-17.2(g)