CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Comprehensive Assessments
(Tag F0636)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, and record review, it was determined that the facility failed to complete a resident assessment...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, and record review, it was determined that the facility failed to complete a resident assessment that accurately reflected the resident's status. This was identified during a review of the quarterly Minimum Data Set (MDS), an assessment tool to facilitate the management of care, for 1 of 31 residents reviewed (Resident #15). This deficient practice was evidenced by the following:
On 12/07/22 at 10:54 AM, during tour, the surveyor observed Resident #15 sitting in a chair at bedside. The resident was observed with an anti-pressure cushion on the wheelchair and an anti-pressure mattress on the bed. The surveyor interviewed the resident at that time and Resident #15 stated that he/she had a sore on the right foot and pointed to the planter area of the right foot. The resident was washed and dressed and had socks on both feet.
Review of the resident medical record revealed the following:
Review of the admission Record (AR) reflected that Resident #15 was admitted to the facility with the diagnoses which included but was not limited to: atrial fibrillation (an irregular and often very rapid heart rhythm (arrhythmia) that can lead to blood clots in the heart), heart failure, and osteoarthritis.
Review of the quarterly Minimum Data Set (MDS) and assessment tool utilized to facilitate the management of care, dated 11/30/22, reflected that Resident #15 was cognitively intact and required extensive assistance with activities of daily living (washing, dressing, grooming and hygiene). Under section M Skin conditions of the MDS revealed that the resident had an application of a dressing to the feet (with or without topical medications). There was no documentation on the MDS to specify what type of wound the resident had on the feet.
Review of the physician Order Summary Report (OSR) dated 10/01/22 reflected a physician's order dated 09/08/22, for a treatment to cleanse the right planter foot with normal saline solution (NSS). Pat dry. Apply Medihoney and cover with a dry dressing (DD).
The physician OSR, dated 12/08/22 ,reflected a physician's order dated 09/06/22, for a wound care consult for pressure ulcer of the right planter foot.
The wound consult dated 09/07/22 indicated that Resident #15 was seen for right plantar foot wound. Subsequent wound care consults dated 09/14/22, 09/28/22, 10/04/22, 10/10/22,10/18/22 ,10/25/22,11/01/22,11/08/22,11/15/22,11/22/22,11/29/22, and 12/06/22 did not have any documentation that specified what type of wound the resident had on the right planter foot.
On 12/09/22 at 10:01 AM, the surveyor interviewed the MDS Coordinator (MDSC #2) who has been employed since October and MDS Coordinator (MDSC #1) who had been employed in the facility for approximately one (1) year. MDSC #1 and #2 both explained to the surveyor the process on how they obtained information to be able to score the resident's condition accurately on the MDS. They both agreed that they looked for information in the resident's medical record and interviewed residents and staff to fill out the MDS out as accurately as possible. They stated that there was a look back window in which information was obtained about the residents.
MDS Coordinator (MDSC #2) confirmed that she completed Resident #15's quarterly MDS on 11/30/22 and documented on the MDS that the resident had a dressing that was applied to the feet however did not know what type of wound it was because the wound practitioner notes did specify what type of wound was on the foot. She stated that she did not see any documentation in the medical record that identified the right planter wound as an arterial wound or pressure ulcer. The MDSC#2 stated that it would be important to find out specifically what type of wound was on the right planter foot as the wound was there since 09/07/22 but did not have an explanation as to why she did not investigate the matter so that the wound could be identified and documented accurately on the on the quarterly MDS dated [DATE].
The surveyor reviewed a progress note dated 12/01/22, which reflected that the MDSC #2 wrote a progress note indicating that the resident had a diabetic right planter wound.
On 12/12/22 at 01:16 PM, the surveyor questioned the MDSC #2 who documented that the resident had a diabetic right foot planter wound and she stated that she made a typographical error when she documented that entry.
On 12/16/22 at 10:24 AM, the Regional Registered Nurse (RRN) and the Director of Nursing (DON) confirmed that there was no documentation in the medical record to specify was type of wound was on the resident's right planter foot and confirmed that the MDS coordinator should have coded accurately to reflect the resident's condition.
A review of the undated job description of the MDS Coordinator was to ensure that all assessments were completed and report problem areas to the Administrator, assist in determining appropriate treatment based on medical and social history of residents, demonstrate to residents and staff personnel the procedures involved in the treatment process as necessary, ensure that appropriate health professionals are involved in the assessment and that all members of the assessment team were aware of the importance of completeness and accuracy.
The policy dated 09/28/22 and titled, Minimum Data Set (MDS)-V 3.0 indicated that the MDS Registered Nurse was responsible for the completion of the section M of the MDS related to skin conditions. The policy also indicated that all disciplines that make entries on the MDS were responsible to sign and date the sections completed and that the signatures indicated that the section was reviewed and attest to the accuracy of the items.
NJAC 8.39 - 11.1
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 interview, record review, and other pertinent facility documentation it was determined that the facility failed to a.) accurately document neuro checks (a nurse assessment to document an indi...
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Based on interview, record review, and other pertinent facility documentation it was determined that the facility failed to a.) accurately document neuro checks (a nurse assessment to document an individual's neurological functions, motor and sensory response and level of consciousness) in accordance with professional standards of practice for one resident who sustained a fall b.) follow physician orders for the application of compression stockings. This deficient practice was identified for 1 of 5 residents (Resident #37) reviewed for hospitalizations and 1 of 1 (Resident #15) reviewed for edema (swelling) 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 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 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.
A.) Review of the admission Record reflected that Resident #37 was admitted to the facility with diagnoses which included, but were not limited to, a history of falls.
Review of the Quarterly Minimum Data Set (MDS), an assessment tool utilized to facilitate the management of care, dated 09/05/22, reflected that resident was confused, and had a history of falls.
Review of the current Care Plan reflected a focus that Resident #37 had an actual fall with no injury initiated 09/06/22 with the intervention dated 09/06/22 to continue interventions on the at-risk plan. The Care Plan further reflected a focus that Resident #37 was at risk for falls related to a history of falls, poor safety awareness, side effects of medication and weakness initiated on 02/15/19 and revised on 10/17/22 with the intervention of fall mats to both sides of the bed initiated on 07/23/21 and revised on 10/10/22.
Review of the Fall incident report dated 09/06/22 reflected that Resident #37 sustained a fall at 2:05 AM on 09/06/22. At that time, Resident #37 was lying on the floor mat on the left side of the bed, presented with confusion and was unable to give a proper response to what happened. The Fall incident report further reflected that the Immediate Action Taken, among other things, was neuro check initiated.
On 12/14/22 at 9:05 AM, the Director of Nursing (DON) provided a blank Neurological Assessment Flow Sheet (Neuro Flow Sheet) to the surveyor. Review of the blank Neuro Flow Sheet, in the presence of the DON, reflected the following:
- Instructions for the nurse to follow. The surveyor noted the instructions did not include how often the nurse would assess the resident in minutes/hours.
- Columns of information for the nurse to complete with the headings of date, time, level of consciousness, pupil response, motor function, pain response, vitals, observations, and signature. The surveyor noted one column without a heading. This column included the numbers 15 30 1 and 4. At that time, the DON stated that the aforementioned numbers reflected the intervals of minutes and hours that the nurse would assess the resident. The nurse would assess the resident every 15 minutes times four (4), every 30 minutes times two (2), every one (1) hour times two (2) and every four (4) hours times 16, for a total of 72 hours.
- The form included 24 lines where the nurse would document the aforementioned information.
- The form further included an area where the nurse would document the resident's name, attending physician and room/bed number.
Review of the Neuro Flow Sheet completed by the nurses for Resident #37's fall of 09/06/22 did not include the column of numbers as referenced above. The surveyor compared the blank Neuro Flow Sheet with the completed 09/06/22 Neuro Flow Sheet and observed the following errors:
- the nurse completed six (6) neurological assessments every 15 minutes and
- the nurse completed two (2) neurological assessments every two (2) hours.
During an interview with the surveyor on 12/15/22 at 10:32 AM, the Licensed Practical Nurse (LPN) #2 reviewed the 09/06/22 Neurological Assessment Flow Sheet. She confirmed the above referenced column was missing and that the neuro checks were not completed as scheduled. LPN #2 stated that when she started a Neuro Flow Sheet that she will write the times in the time column to avoid confusion when the neuro checks should be completed. LPN #2 further stated it was important to complete the neuro checks as scheduled in order to report a change in resident status to the physician.
During an interview with the surveyor on 12/15/22 at 11:12 AM, the LPN/Unit Manager (LPN/UM) #3 reviewed the 09/06/22 Neuro Flow Sheet. The LPN/UM #3 verified that the nurses used an incomplete form and that the nurses did not follow the designated times to complete the neuro checks. She stated that she expected the nurses to use the correct form and complete the neuro checks as indicated on the form because it was important to look for any changes in resident status.
During an interview with the surveyor on 12/15/22 at 2:20 PM, the DON stated that she expected the nurses to complete the Neuro Flow Sheet in its entirety.
During a follow up interview with the surveyor on 12/16/22 at 9:13 AM, the DON stated that the directions to complete the neuro checks were included in the fall packet according to the Neurological Check Guidelines.
Review of the facility's Neurological Check Guidelines, revised July 2019, reflected the Neurological checks will be performed as follows or as otherwise ordered by the Physician: A. Every 15 minutes for 1 hour, then, B. Every 30 minutes for 1 hour, then C. Every hour for 2 hours, then D. Every 4 hours for a combined total of 72 hours.
Review of the facility's Accidents: Assessment, Prevention and Interventions policy, reviewed 10/16/22, did not address neuro checks.
B.) On 12/07/22 at 9:38 AM, during the initial tour, the surveyor observed Resident #15 sitting up in a chair at the side of his/her bed fully dressed wearing cotton socks on both feet. The surveyor observed that both residents' lower extremities were swollen. The surveyor did not observe the resident wearing compression stockings. The resident was interviewed at this time and stated that she always had swollen legs, but that the swelling comes and goes.
The admission Record reflected that Resident #15 was admitted to the facility with the diagnoses which included but was not limited to: atrial fibrillation (an irregular and often very rapid heart rhythm (arrhythmia) that can lead to blood clots in the heart), heart failure, and osteoarthritis.
The quarterly Minimum Data Set (MDS) and assessment tool utilized to facilitate the management of care, dated 11/30/22, reflected that Resident #15 was cognitively intact and required extensive assistance with activities of daily living (washing, dressing, grooming and hygiene).
The surveyor reviewed the resident's physician's order dated 06/18/19 that indicated compression stockings were to be worn every day-shift for edema and to apply in the morning and to remove every evening-shift at bedtime.
On 12/08/22 at 10:21 AM, the surveyor interviewed Resident #15 who stated that she did not wear any devices on her feet. The surveyor observed that the resident had edema of both lower extremities and was wearing cotton socks. The surveyor asked the resident if she wore any devices to the lower extremities to decrease the edema. The resident stated, Do you mean the elastic stockings? She then stated that she had elastic compression stockings in the drawer but that she hasn't worn them in weeks because she didn't like them. She stated that the compression stockings caused more pressure in her feet and that it caused her to have edema in other places. The resident could not provide the surveyor with a specific date when she stopped wearing the compression stockings.
The surveyor reviewed the Treatment Administration Record (TAR) dated 11/01/22 until 11/30/22 and 12/01/22 until 12/07/22 that reflected nursing signatures on the 07:00 AM -03:00 PM shift and 03:00PM-11:00 PM shift that compression stockings were being applied and removed according to the physician orders; however, the surveyor did not observe the resident wearing the compression stockings on 12/07/22 or 12/08/22 and the resident stated that she had not worn them in weeks. There was no documentation in the TAR from 12/01/22 until 12/07/22 that the resident had been refusing to wear the compression stocking.
On 12/09/22 at 8:51 AM, the surveyor interviewed a Licensed Practical Nurse (LPN#4) on Pavilion 2 unit who stated treatments were applied by either the wound nurse or the primary nurse that was assigned to the resident. She explained that the primary nurse assigned to the resident was responsible for applying assistant devices, preventative creams and/or ointments. She added that if a resident refused the treatment that she would usually go back and ask them again and provide education on importance of treatment. She stated that resident have the right to refuse and if the resident refused treatment for more than three (3) times then the physician would be notified, and nursing supervisor would be notified regarding the resident's refusal of treatment. She added that it was the responsibility of the nurse to document the refusal in the progress notes and TAR. She further added that the treatment would either be discontinued or something different could be ordered. The LPN did not have a response as to why the nurses were documenting on the TAR that they were applying compression stocking when the resident had been refusing to wear them.
On 12/09/22 at 9:03 AM, the surveyor interviewed LPN #5 who stated that she had been employed in the facility for approximately one (1) year. She stated that the wound care nurse usually performed the treatments for any major wounds such as pressure ulcers however it was the responsibility of the primary care nurse that was assigned to the residents to apply any creams, ointments, or preventative devices. She confirmed that it was the nurse responsibility to apply and remove compression stockings. She stated that if a resident refused to have a treatment done such as application of compression stocking, then the resident would be educated on the importance of the application of the treatment and the nurse would document the refusal in the progress notes and on the TAR. The nurse would also be responsible to call the MD and get further orders and inform the supervisor of the resident's refusal to apply the compression stockings.
On 12/09/22 at 9:23 AM, the surveyor interviewed the Licensed Practical Nurse Unit Manager (LPN/UM #2) for the Pavilion 2 Unit who stated that she had been employed in the facility for a month. She explained that treatment to wounds such a pressure ulcer were treated by the wound care nurse. She stated that primary care nurses assigned to the residents performed all other treatments. She stated that when a treatment was administered to a resident the nurse would sign the treatment out in the TAR. This signature on the TAR would indicate that the treatment was performed. The LPN/UM #2 further explained that if a resident refused treatment, the resident would be educated on the importance of having the treatment done and the if the resident kept refusing the nurse would notify the physician and family. She added that the nurse and doctor would try to find an alternative treatment on how to treat the resident's condition. LPN/UM #2 stated, We would also care plan the resident's non-compliance with treatment and would have to be documented in the progress notes regarding the education that was provided to the resident and the resident refusal. The LPN/UM #2 stated that she was not notified that Resident #15 was refusing to wear the compression stocking to his/her bilateral lower extremities. The LPN/UM reviewed the TAR with the surveyor and confirmed that the nurses were documenting that they were applying the compression stockings. The LPN/UM #2 interviewed Resident #15 and the resident informed her that he/she had been refusing to wear the compression stocking.
The LPN/UM #2 then confirmed that there was no documentation in the medical record that indicated that the resident was refusing to wear the compression stocking. LPN/UM #2 stated that the nurses should have been documenting on the TAR that the resident was refusing to wear the compression stocking and that after 3 times of refusals then the physician should have been notified and it should have been documented in the progress notes and then updated on the care plan.
The surveyor reviewed the progress note dated 12/09/2022 at 11:42 that the compression stocking for Resident #15 were discontinued due to resident refusing to wear. The note indicated that the physician was made aware and ordered for them to be discontinue.
On 12/16/22 at 10:30 AM, the Director of Nursing (DON) did not have any additional information to present to the surveyor.
The facility policy dated 07/01/22 and titled, Medication Administration and Documentation Policies, Procedures and Information indicated that the licensed nurse was responsible for:
1.) Documentation in the Electronic Medication Administration Record (EMAR) immediately following administration (i.e., refused, etc ) and identified the reason.
2.) Documents all held or refused medications on the EMAR. Uses prudent professional judgement by informing physician in a timely manner when medications were held, refused, or otherwise unavailable for administration.
The facility policy dated 07/21/22 and titled, Physician Orders indicated that it was the policy of the center to write physician orders to establish a plan of care to follow for the care of the patient. The purpose was to ensure that the plan of care was followed in accordance with the orders established by the physician and/or nurse practitioner.
NJAC 8:39-27.1 (a)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
ADL Care
(Tag F0677)
Could have caused harm · This affected 1 resident
Based on observation, interview and review of the medical record and other facility documentation, it was determined that the facility failed to provide finger nail care to a resident that was depende...
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Based on observation, interview and review of the medical record and other facility documentation, it was determined that the facility failed to provide finger nail care to a resident that was dependent on the staff for hygiene for (one)1 of 31 residents (Residents #64). This deficient practice was evidenced by the following:
According to the admission Record, Resident #64 was admitted to the facility with the diagnoses which included but was not limited to: vascular dementia, neuropathy, depression, and glaucoma.
The quarterly Minimum Data Set (MDS), an assessment tool used facilitate the management of a resident's care, dated 09/13/22, indicated that Resident #64 had severe cognitive impairment and required extensive assistance with personal hygiene and total dependence on staff for bathing.
On 12/07/22 at 11:00 AM, the surveyor observed Resident #64 sitting up in a chair in the resident's room and the surveyor observed that the resident's finger nails on bilateral hands were long, broken, and jagged. The resident was pleasant, however confused and unable to participate in an interview.
On 12/08/22 at 11:20 AM, the surveyor observed Resident #64 sitting up in the chair in the room,washed and dressed. The resident's finger nails on both hands continued to be jagged, broken, and long on her bilateral hands.
On 12/09/22 at 08:43 AM, the surveyor interviewed a Licensed Practical Nurse (LPN #4) on the Pavilion 2 Unit who stated that she had been employed in the facility for approximately (three) 3 months. She stated that residents were given showers (two) 2 to (three) 3 times a week. She stated that showers consisted of washing the resident and providing skin care. She also added that during the shower once a week, the nurse would perform a skin assessment on the day the resident was scheduled for a shower. LPN #4 explained that when the nurse performed the skin assessment that she was to document any skin issues. She stated that she was not sure who provided the nail care to the residents. She stated that if a resident asked her to file their nails that she would.
On 12/09/22 at 09:11 AM, the surveyor interviewed LPN #5 who stated that the Certified Nursing Assistance (CNAs) were responsible to wash and dress the residents. She explained that when a CNA performed the activities of daily living (ADLs) they were responsible to wash the residents, perform mouth care, any shaving that was needed, change protective briefs if incontinent and dress them. She stated that there was a shower schedule in which the CNAs could look at to find out who was due for a shower. She stated that skin checks were performed weekly and scheduled on the Electronic Medication Administration record (EMAR). She stated that the nurses were responsible to sign out that skin checks were done on the EMAR. She added that it would be expected that the CNA would provide nail care during the shower process.
On 12/09/22 at 09:37 AM, the surveyor interviewed the Licensed Practical Nurse Unit Manager (LPN/UM #2) who stated the residents were showered (two) 2 times a week on alternate days. She explained that the primary nurse was responsible to sign Treatment Administration Record (TAR) which indicated that the shower and the skin check were completed. She stated that the CNA was responsible to fully shower and clean the resident. She further added that the CNA was also required to perform nail care and dress the resident. She revealed that if a resident refused care, then it should be reported to the nurse and the nurse was to document the refusal in the progress notes.
On 12/09/22 at 09:47 AM, the surveyor interviewed Resident #64's primary care CNA #1 in the presence of the LPN/UM #2 who stated that she had been employed in the facility for 24 years. She stated that she reviewed the CNA assignment sheet daily to see what resident required a shower. She explained that when showering a resident, she would wash the resident and dress them. She stated that she had been caring for Resident #64 for a long time and the resident never gets a shower. She stated, I just wash the resident at the bedside. She stated that she did tell the nurses that Resident #64 refused showers and refused to have his/her nails cut. She stated that the resident cursed at her when she tried to shower her. She also stated that the resident refused to let her cut his/her nails. She added that the resident refused to get a shower today but that she did not report it to the nurse today because she was doing something with another resident. CNA #1 added that she spoke with the responsible party (RP) the other day and told him that the resident refused to let her cut his/her nails. She further added that the RP indicated to CNA #1 that he was going to take Resident #64 to the nail salon.
On 12/09/22 at 09:53 AM, the surveyor interviewed the LPN/UM #2 who accompanied the surveyor to Resident #64's room and stated that the resident should not have finger nails that were that long. LPN/UM #2 stated that someone should have made her aware that the resident was refusing showers and nail care so that she could have implemented a care plan with interventions.
On 12/09/22 at 10:48 AM, the surveyor interviewed the 1st RP listed on the resident's admission Record, in the presence of the survey team by way of speaker phone, who stated that he was not made aware that his grandmother/grandfather was refusing showers or refusing to have his/her nails cut. He stated that he had visited the other day and mentioned to CNA #1 that he needed to take his grandmother/grandfather to get his/her finger nails done because he noticed that they were long. He further stated that it was not brought to his attention that he/she refused to have them cut. The RP added that he would like the facility to cut Resident #64's finger nails.
The surveyor reviewed the Progress Notes (PN) from 11/22 until surveyor inquiry of 12/07/22 and there was no documentation in the medical record that the resident had refused showers or nail care. There was also no documentation in the Care Plan that the resident refused showers or nail care.
The surveyor reviewed the Treatment Administration Records (TAR) dated October 2022, November 2022 and December 2022 and there was no documentation that Resident #64 refused showers.
On 12/09/22 at 12:02 PM, the surveyor interviewed the Director of Nursing (DON) who stated that residents were to be showered twice a week and skin checks were to be done once a week during a shower day. The DON explained that when a CNA performed showers that they should be washing, bathing, and checking that the resident's nails were at a proper length and were clean underneath. She further added that when she had an extra CNA that she would assign that CNA a special assignment which could include nails, showers, passing ice out etc. The DON explained that the CNA would sign in the POC (Point of Care) that they performed the shower for the resident. She stated that the nurses would perform the skin checks on the shower days once a week. She further added that the nurses signed out that the shower and skin check were completed on the TAR. She stated that the CNA was expected to communicate to the nurse when residents refused a shower or any other care and the nurse was expected to inform the Unit Manager of the refusal. She then explained that when a nurse was informed that a resident refused any care that the nurse would document the refusal in the progress notes and on 24-hour report. She stated that if a resident refused care two (2) or three (3) times it should be care planned and anytime a resident refused care or treatment it should be documented in the progress notes. The DON stated that the RP and physician should be notified if a resident refused any treatment or care.
On 12/16/22 at 10:19 AM, in the presence of the survey team, the Regional Registered Nurse (RRN#1) stated that the Administration interviewed the 2nd responsible party who stated that his mother/father always liked his/her nails long. The DON added that when the staff recently attempted to cut the residents nails that resident cussed the staff out. Both the RRN #1 and the DON stated that the CNA should have informed the nurses that the resident was refusing to shower and have his/her nails cut and that it should have been documented in the progress notes. The RRN#1 stated that if it was communicated correctly then the nurse would have documented the refusals in the progress notes and that a care plan would have been formulated to indicate the nail and shower refusals.
The facility policy and procedure titled, ADLs, dated 07/28/22, indicated that the policy of the center was to provide ADL care to all residents based on assessment of needs. The policy indicated that ADL care consisted of bathing, dressing, eating, transfers, toileting, bed mobility, ambulation, and grooming (shaving, nail care etc.) The policy also indicated that the CNA responsibility included that nails were inspected and care was provided as needed and that if a resident refused, that the charge nurse and social services would be notified for interventions.
NJAC 8:39-27.2 (g)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Garbage Disposal
(Tag F0814)
Could have caused harm · This affected 1 resident
Based on observation, interview and review of other facility documents, it was determined that the facility failed to provide a sanitary environment for residents, staff and the public by failing to k...
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Based on observation, interview and review of other facility documents, it was determined that the facility failed to provide a sanitary environment for residents, staff and the public by failing to keep the garbage compacter area free of garbage and debris and failed to have the doors to the trash compactor closed for 1 of 1 trash compactor.
This deficient practice was evidenced by the following:
On 12/07/22 at 10:54 AM, the surveyor toured the kitchen with the Food Service Director (FSD) and requested to see the outside garbage receptacle area. The surveyor observed a trash compactor (TC) on a cement pad. The surveyor further observed that both the left-side and right-side doors of the TC open exposing multiple trash bags inside. The surveyor further observed that the outside garbage receptacle area was littered with leaves, debris, used gloves, cans, cardboard boxes, milk and juice cartons. When interviewed at that time, the FSD stated that everyone was responsible for cleaning the garbage receptacle area and the lids and doors of the TC should be closed when not in use.
A reviewed the facility's Policy for garbage and dumpster pick up, with an approved date of 11/23/22, indicated that the Dumpster is provided and kept outside / area is kept cleaned at all time[s] and compactor is kept closed at all time[s]. The policy further instructed to clean around in case any garbage fell on the ground and to close dumpter['s] doors.
NJAC 8:39-19.7
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Comprehensive Care Plan
(Tag F0656)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, and record review, it was determined that the facility failed to update the resident's comprehe...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, and record review, it was determined that the facility failed to update the resident's comprehensive care plan in a timely manner. This deficient practice was identified for 2 of 34 residents (Residents #119 and #141) reviewed for care plans and was evidenced by the following:
1. On 12/07/22 at 12:00 PM, 12/08/22 at 10:14 AM and 12/09/22 at 12:30 PM, the surveyor observed the resident seated at a table in the dayroom. The surveyor observed that Resident #119 had a palm guard applied to the left hand at the time of each observation.
According to the admission Record, Resident #119 was admitted with diagnoses which included, but were not limited to, contracture of the muscle to the left hand.
Review of the Quarterly Minimum Data Set (MDS), an assessment tool utilized to facilitate the management of care, dated 09/12/22, reflected that Resident #119 was cognitively intact, required supervision with dressing including how the resident puts on, fastens, and takes off all items of clothing and that Resident #119 had a contracture of the muscle to the left hand.
Review of the Medication Review Report dated 12/12/22, reflected an order dated 04/06/21 to don a palm guard to Resident #119's left hand, monitor skin integrity, and remove for hygiene/care every shift.
Review of the current Care Plan included a focus that resident requires assistance with ADL functions initiated and reviewed on 12/21/21. The surveyor observed that the facility updated the Care Plan with an intervention that Resident #119 will independently don/doff L [left] palm guard during day shift on 12/07/22, approximately nineteen months after the physician ordered Resident #119's left palm guard on 04/06/21.
2. During the initial tour on 12/07/22 at 11:52 AM, the surveyor observed Resident #141 seated on the side of the bed eating lunch. The resident told the surveyor his/her name and said lunch was good.
On 12/08/22 at 10:22 AM and 12/09/22 at 12:02 PM, the surveyor observed Resident #141 lying in bed with eyes closed.
According to the admission Record, Resident #141 was admitted to the facility with diagnoses which included, but were not limited to, schizophrenia (a disorder that affects a person's ability to think, feel, and behave clearly), mixed anxiety disorders and dementia with behavioral disturbance.
Review of the Quarterly MDS dated [DATE], reflected that Resident #141 exhibited the behaviors of disorganized thinking, inattention and wandering, and had diagnoses of Non-Alzheimer's Dementia, anxiety disorder and schizophrenia. The MDS further reflected that Resident #141 received an antipsychotic medication daily for the last seven days.
Review of the Medication Review Report dated 12/12/22, reflected an order dated 07/08/22 for Seroquel Tablet (an antipsychotic drug used to treat schizophrenia) 25 mg, give 0.5 mg tablet by mouth in the afternoon for mood disorder. 0.5 mg = 12.5 mg.
Review of the current Care Plan reflected a focus that Resident #141 uses a psychotropic medication (Seroquel) to help manage target symptoms related to schizophrenia with an initiation date of 06/28/22 and a revised date of 12/08/22. The Care Plan further reflected the following interventions:
- Administer medications as ordered. Monitor/document for side effects and effectiveness.
- Consult with pharmacy, MD to consider dosage reduction when clinically appropriate.
- Resident #141 receives an antipsychotic. Monitor/record/report to MD prn (as needed) side effects and adverse reactions of psychoactive medications: unsteady gait, tardive dyskinesia (a condition affecting the nervous system), EPS (shuffling gait, ridged muscles, shaking), frequent falls, refusal to eat, difficulty swallowing, dry mouth, depression, suicidal ideations, social isolation, blurred vision, diarrhea, fatigue, insomnia, loss of appetite, weight loss, muscle cramps, nausea, vomiting, behavior symptoms not unusual to the person.
- Monitor/record occurrence for target behavior symptoms (pacing, wandering, disrobing, inappropriate response to verbal communications, violence/aggression towards staff/others, etc.).
-Offer non-pharmacological interventions as needed (activities of interest, snack, nap, walk, music of interest, calling a loved one, distraction.)
-Psychiatry and/or psychology consult as needed.
The surveyor observed that the care plan focus had an initiation date of 06/28/22, which was prior to the physician order for Seroquel dated 07/08/22. The surveyor further observed that each intervention was dated 12/07/22, approximately five months after the physician order for Seroquel dated 07/08/22.
During an interview with the surveyor on 12/08/22 at 1:58 PM, the MDS Coordinator #1 stated that care plans are updated quarterly and the nurses also assist with updating the care plan.
During an interview with the surveyor on 12/09/22 at 12:05 PM, Licensed Practical Nurse (LPN) #1 stated that the nurses do not complete the care plan and that the nurse manager completed the care plans.
During an interview with the surveyor on 12/09/22 at 12:22 AM, the LPN/Unit Manager (LPN/UM) #1 stated that she was responsible, together with the MDS Coordinator, to update the care plans quarterly and with any change in resident status. The LPN/UM stated that it was important to update the care plan timely so that everyone knows the current status of a resident.
During an interview with the surveyor on 12/12/22 at 8:12 AM, the Director of Nursing stated that the care plan was updated quarterly at the care conference and with any change in resident status. It was the responsibility of the UM to oversee any resident change in condition and update the care plan within 24-48 hours of the change in status.
Review of the facility's Comprehensive Care Plan policy, reviewed 08/01/22, reflected that each resident's comprehensive care plan shall be reviewed and updated by the interdisciplinary team as per the MDS 3.0 schedule: quarterly, annually, significant change in condition and if the resident's condition warrants it.
NJAC8:39-11.2 (e)(2)
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Pressure Ulcer Prevention
(Tag F0686)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, review of medical records and other pertinent facility documentation, it was determined that th...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, review of medical records and other pertinent facility documentation, it was determined that the facility failed to a.) accurately identify a wound type from first identification of the wound on 09/07/22 until 12/15/22 and b.) clarify the implementation of a diagnostic study recommended by a wound care consultant. This deficient practice was identified for 1 (one) of 2 (two) residents (Resident #15) reviewed for pressure ulcers and was evidenced by the following:
On 12/07/22 at 10:54 AM, during initial tour, the surveyor observed Resident #15 sitting in a chair at his/her bedside. The resident was observed with an anti-pressure cushion on the wheelchair and an anti-pressure mattress on the bed. The surveyor interviewed the resident at that time and Resident #15 stated that he/she had a sore on the right foot and pointed to the planter (the arch of the foot) area of the right foot. The resident was washed and dressed and had socks on both feet.
Review of the resident medical record revealed the following:
Review of the admission Record (AR) reflected that Resident #15 was admitted to the facility with the diagnoses which included but were not limited to: atrial fibrillation (an irregular and often very rapid heart rhythm (arrhythmia) that can lead to blood clots in the heart), heart failure, and osteoarthritis.
Review of the quarterly Minimum Data Set (MDS) an assessment tool utilized to facilitate the management of care, dated 11/30/22, reflected that Resident #15 was cognitively intact and required extensive assistance with activities of daily living (washing, dressing, grooming and hygiene). Under section M Skin conditions of the MDS revealed that the resident had an application of a dressing to the feet (with or without topical medications). There was no documentation on the MDS that specified what type of wound the resident had on the affected foot.
Review of the physician Order Summary Report (OSR) dated 10/01/22, reflected a physician's order dated 09/08/22, for a treatment to cleanse the right planter foot with normal saline solution (NSS). Pat dry. Apply Medihoney and cover with a dry dressing (DD). The physician order did not specify what type of wound the resident had on the right plantar foot.
The physician OSR, dated 12/08/22, reflected a physician's order dated 09/06/22, for a wound care consult for pressure ulcer of the right planter foot.
The wound care consult dated 09/07/22, indicated that Resident #15 was seen for right plantar foot wound. There was no documentation on the wound consult report that accurately identified what type of wound Resident #15 had on the right plantar foot. Subsequent wound care consults dated 09/14/22, 09/28/22, 10/04/22, 10/10/22, 10/18/22, 10/25/22, 11/01/22, 11/08/22, 11/15/22, 11/22/22, 11/29/22, and 12/06/22, also did not have documentation that indicated what type of wound was on the residents right plantar foot
The wound care consult dated 09/14/22, had recommendations from the wound care physician for a doppler study (is a medical non-invasive study of the heart and blood vessels) to be performed to assess the resident for peripheral vascular disease (is a slow and progressive circulation disorder). Subsequent wound care consults dated 09/14/22, 09/28/22, 10/04/22, 10/10/22, 10/18/22, 10/25/22, 11/01/22, 11/08/22, 11/15/22, 11/22/22, 11/29/22, and 12/06/22 also reflected recommendation for the resident to have a doppler study to assess for PVD. The surveyor could not find any documentation in the medical record the primary care physician was notified of the recommendation for a doppler study to be performed. There was no documented evidence that the doppler study was performed in the medical record.
On 12/09/22 at 10:01 AM, the surveyor interviewed the MDS Coordinator (MDSC #2) who has been employed since October and MDS Coordinator (MDSC #1) who had been employed in the facility for approximately one (1) year. MDSC #1 and #2 both explained to the surveyor the process on how they obtained information to be able to score the resident's condition accurately on the MDS. They both agreed that they looked for information in the resident's medical record and interviewed residents and staff to fill out the MDS out as accurately as possible. They stated that there was a look back window in which information was obtained about the residents. MDS Coordinator (MDSC #2) confirmed that she completed Resident #15's quarterly MDS on 11/30/22, and documented on the MDS that the resident had a dressing that was applied to the feet, however did not know what type of wound it was because the wound care practitioner notes did not specify what type of wound was on the right foot. She stated that she did not see any documentation in the medical record that identified the right planter wound as an arterial wound or pressure ulcer. The MDSC #2 stated that it would be important to find out specifically what type of wound was on the right planter foot as the wound was identified on 09/07/22, but did not have an explanation as to why she did not investigate the matter so that the wound could be accurately identified and documented on the on the quarterly MDS dated [DATE].
On 12/12/22 at 11:44 AM, the surveyor interviewed the Assistant Director of Nursing Infection Preventionist (ADON/ICP #2) who stated that he would assist the wound care consultant with wound rounds. ADON/ICP #2 stated that if a recommendation was made by the wound care physician, then the wound nurse or unit manager would notify the primary care physician regarding any recommendations. He stated that the primary care physician would either agree with the recommendations or not agree with the recommendations and that it would be the responsibility of the wound nurse or the unit manager to write the primary care physician responses to the recommendations in the progress notes. He stated that it would be important to document the physician responses to the recommendations so that team was made aware of his decision. He also added that there should have been documentation in the wound care consults what type of wound the resident had because it could be caused by pressure or by poor circulation. He added that depending on what type of wound it was, a treatment plan would have been developed to treat that specific wound.
On 12/12/22 at 11:54 AM, the surveyor interviewed the Licensed Practical Nurse Unit Manager (LPN/UM #2) for the Pavilion 2 unit who stated that the wound nurse that accompanied the wound care practitioner weekly for wound rounds was usually responsible to call the primary care physician regarding any recommendations that the wound care practitioner had. If the primary care physician agreed with the recommendations, the wound care practitioner would write the orders for the recommendations in the physician orders. If the primary care physician was not in agreement with the recommendations, then the wound care nurse should have documented the conversation she had with the physician in the progress notes. The LPN/UM #2 confirmed that there was no documentation in Resident #15's medical record that indicated that the primary care physician was notified of the wound care practitioners' recommendations for a doppler study and confirmed that there was no documentation that specified what type of wound Resident #15 had on the right planter foot. The LPN/UM #2 stated that there was documentation in the medical record that the wound was related to pressure, however, it was not related to pressure and was related to ischemia (is a restriction in blood supply to any tissue, muscle group, or organ of the body, causing a shortage of oxygen that is needed for cellular metabolism).
On 12/12/22 at 12:10 PM, the surveyor interviewed the wound care consult practitioner who stated that she was familiar with Resident #15 and saw the resident one time per week. She stated that she evaluated the resident's wound, performed measurements of the wound, would ask the resident general health questions, and assured that there was no infection in the wound. She stated, I believe the primary care physician did not want a doppler done therefore, the doppler was not completed. The surveyor questioned the wound nurse practitioner regarding why there was no documentation on the wound care notes for the recommendations to perform a doppler to rule out PVD and she stated that the electronic medical record was flukey and that's why the recommendation for the doppler study kept showing up on the wound care sheets. The wound care practitioner did not have a response as to why there was no documentation that she had a conversation regarding the doppler recommendation to rule out PVD with the primary care physician. She further stated that the resident was comfort care and that she did not think that the family wanted any further interventions or tests done but did not have any documentation to include specific dates when she spoke with the family.
The wound care practitioner also did not have a response as to why there was no documentation on the wound care consults as to what specific type of wound was on the resident's right planter foot.
The surveyor reviewed the progress notes dated 12/01/22 at 09:07 AM, that was written by the MDSC #2 who documented that the resident had a diabetic right planter wound.
On 12/12/22 01:16 PM, the surveyor interviewed the MDSC #2 who stated that she made a typographical error when she documented on 12/1/22, that the resident had a diabetic right planter wound.
On 12/16/22 at 10:24 AM, the surveyor interviewed the Regional Registered Nurse and the Director of Nursing in the presence of the survey team and both confirmed that there was no documentation in the medical record to accurately specify what type of wound was on Resident #15's right planter foot. It was also confirmed that when the staff informed the physician of the recommendations from the wound care practitioner for the resident to have a doppler study on 9/14/22 to rule out PVD, that it should have been documented in the progress notes. They both confirmed that the primary care physician should have also documented the diagnoses of PVD in the resident's medical record.
On 12/16/22 at 11:07 AM, the surveyor conducted a telephone interview with the primary care physician in the presence of the survey team, and he stated that he already knew that Resident #15 had a diagnoses of PVD and therefore, he was not in agreement with the resident having a doppler study done. He confirmed that the documentation should have been completed in the resident's medical record that Resident #15 had the diagnosis of PVD. He also confirmed that there should have been documentation in the resident's medical record to accurately specify what type of wound the resident had and stated that he would speak to the wound care consult physician regarding this issue with documentation. He further stated, I agree and we will try to do better.
The facility policy dated 07/05/22 and titled, Documentation: The Physicians/Consultant Role. The policy indicated that the center was to establish guidelines for documentation expected of all primary care physicians and consultant physicians. The policy indicated that the attending physician should provide timely medical orders based on an appropriate patient assessment and provide documentation required to explain medical decisions, that promotes effective care, and allows nursing facility to comply with relevant legal and regulatory requirements.
The facility policy dated 07/05/22 and titled, Medical Administration indicated that the center was to establish guidelines for documentation expected of all primary care physicians and Consultant physicians. The policy indicated that the attending physician should, at each visit:
- Provide a legible note in a timely manner for placement in the chart and over time, these progress notes should address relevant information about specific ongoings, active, potential problems, including reasons for changing or maintaining treatments or medications and plan to address relevant medical issues.
-Properly define and describe patient symptoms and problems, clarify, and verify diagnoses, relate diagnoses to patient problems and help establish a realistic prognoses and care goals.
-Provide documentation required to explain medical decisions, that promotes effective care and allows nursing to comply with legal and regulatory compliance.
NJ: 8:39-27.1(a)
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Medication Errors
(Tag F0758)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, review of the medical record and review of other facility documentation, it was determined that...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, review of the medical record and review of other facility documentation, it was determined that the facility failed to adequately monitor the target behaviors for the use of psychotropic medications (mood altering medications) for 2 of 5 residents (Resident #86 and #115) reviewed for mood/behavior.
This deficient practice was evidenced by the following:
1. On 12/08/22 at 11:29 AM, the surveyor observed Resident #86 seated in a wheelchair in the dayroom while an activity was being held.
On 12/08/22 at 12:23 PM, the surveyor reviewed Resident #86's electronic medical record (eMR).
A review of the admission Record face sheet (an admission summary) reflected that the resident was admitted to the facility with diagnoses which included but were not limited to dementia without behavioral disturbance, psychotic disturbance, mood disturbance and anxiety.
A review of Resident #86's annual Minimum Data Set (MDS), an assessment tool used to facilitate the management of care, dated 12/16/22, reflected that the resident had a Brief Interview for Mental Status (BIMS) score of 11 out of 15, which indicated that Resident #86 had moderately impaired cognition. A further review of the MDS, indicated that the resident received psychotropic medications on 7 out of the last 7 days during the look-back period.
A review of the electronic Medication Administration Record (eMAR) revealed the following order:
Risperdal (an antipsychotic medication which is a psychotropic medication) tablet 0.5 mg (milligram) Give one tablet by mouth one time a day for psychosis.
The eMAR did not include an order to monitor behaviors to record the number of episodes of target behaviors that occur each day to monitor the use of psychotropic medications.
A review of the Psychiatrist Follow up note dated 11/25/22 included the following: Pt seen for medication follow up .Risperdal was started on 6/14/22 r/t (related to) psychosis w/ (with) disorganized thought/behaviors, agitation, combativeness.
Further review of the electronic Medical Record (eMR) revealed that Resident #86 had two Psychotropic Notes (PN), a monthly summary of target behaviors that were to be monitored, one dated 09/16/22 and the other dated 10/03/22. There was not any other PN's in the eMR. The PN dated 10/03/22 included the following:
A. 1st Psychotropic Medication:
1. Psychoactive Medication-Risperdal;
2. Dosage- 0.5mg;
3. Diagnosis-Anxiety Disorder;
Target Behaviors:
4a. Behavior-Self isolation, Antidepressant;
4aa. Monthly Total-0
E. Monthly Summary. 1a. Month-9) September. 1.b. Year-f) 2022.
The diagnosis of anxiety disorder was not an indication for the antipsychotic medication prescribed for Resident #86. The facility did not monitor the appropriate target behavior for the medication listed. There was no documented evidence that the facility had a PN for any other months.
On 12/09/22 at 9:04 AM, the surveyor interviewed the Licensed Practical Nurse (LPN) #3 regarding the behavior monitoring for Resident #86. LPN #3 stated that he was from an agency and that he worked at the facility on and off for the last two years and that he had been at the facility for the last two weeks. He stated that he did not see behavior monitoring in the eMAR. He stated that he was not familiar with target behaviors at this facility but that at other facilities he would document it. The surveyor then asked what the purpose of target behaviors and LPN #3 stated that for a particular diagnosis they would monitor for the signs and symptoms of behaviors and document the behaviors related to the medications for the psychiatrist to review. The surveyor then asked what the target behaviors that were to be monitored for Resident #86 and LPN #3 stated that he did not know of any target behaviors and added that he was not familiar with Resident #86.
On 12/09/22 at 11:32 AM, the surveyor interviewed the LPN unit manager of the third floor (LPN/UM #3) regarding Resident #86's target behaviors and the behavior monitoring. LPN/UM #3 stated that Resident #86 could be verbally abusive and had poor safety awareness and that the resident received the medication Risperdal. The surveyor then asked the LPN/UM #3 if there were any additional PN's besides for the two dated 09/03/22 and 10/16/22. LPN/UM #3 confirmed that there were none prior to 09/03/22 and none after 10/16/22.
On 12/15/22 at 10:13 AM, the surveyor interviewed the Director of Nursing (DON) regarding the behavior monitoring of Resident #86. The DON stated that there should have been other monthly PN's done. She then stated that the PN's done were not filled out appropriately. The DON stated that anxiety is not the indication for Risperdal to her knowledge. She added that the resident was not being monitored appropriately.
2. On 12/08/22 at 10:02 AM, the surveyor observed Resident #115 in bed watching television.
A review of the admission Record face sheet reflected that the resident was admitted to the facility with diagnoses which included but were not limited to hypertension (high blood pressure), schizoaffective disorder, and major depressive disorder.
A review of Resident #115's quarterly MDS, dated [DATE], reflected that the resident had a BIMS score of 13 out of 15, which indicated that Resident #115 was cognitively intact. A further review of the MDS, indicated that the resident received psychotropic medications on 7 out of the last 7 days during the look-back period.
A review of the eMAR revealed the following orders:
Olanzapine (an antipsychotic medication which is a psychotropic medication) tablet 5 mg Give 0.5 tablet by mouth in the evening for schizoaffective disorder. Monitor mood/behavior.
Paroxetine HCL (an antidepressant which also has proven effective in treating generalized anxiety, also a psychotropic medication) tablet 20 mg Give 1 tablet by mouth one time a day for anxiety.
Hydroxyzine HCL (an antihistamine used in the treatment of anxiety, also a psychotropic medication) tablet 25 mg Give 1 tablet by mouth every 8 hours for anxiety .
The eMAR did not include a separate order to monitor behaviors to record the number of episodes of target behaviors that occur each day to monitor the use of psychotropic medications.
A review of the Psychiatrist Follow up note dated 11/25/22 included the following:
Diagnosis: 1. Schizoaffective d/o (disorder) 2. Anxiety 3. Dementia
Plan: 1. Continue Zyprexa (Olanzapine) for schizoaffective d/o (dose decreased on 11/8/22) .4. Continue to monitor mood and behaviors and note any issues/concerns during Zyprexa GDR.
A review of the order summary indicated that Resident #86 had received Olanzapine, Paroxetine and Hydroxyzine medications since they were initially ordered on 07/02/20.
Further review of the eMR revealed that Resident #115 had one PN, a monthly summary of target behaviors that were monitored, dated 09/30/22. There was not any other PN's in the eMR. The PN dated 09/30/22 included the following:
A. 1st Psychotropic Medication:
1. Psychoactive Medication-Olanzapine;
2. Dosage- 5 mg;
3. Diagnosis-Bipolar Disorder Antianxiety. Bipolar Disorder Antidepressant. Bipolar Disorder Antipsychotic;
Target Behaviors:
4.a. Behavior-Self isolation Antidepressant:
4.aa. Monthly Total-0
B. 2nd Psychotropic Medication:
1. Psychoactive Medication-Paroxetine;
2. Dosage- 20 mg;
3. Diagnosis-Anxiety Disorder Antianxiety;
Target Behaviors:
4.a. Behavior-Trouble concentrating Antidepressant;
E. Monthly Summary:
1.a. Month-9) September.;
1.b. Year-f) 2022
.
The Hydroxyzine medication and the target behavior to monitor for the medication was not listed on the PN. The diagnosis of schizoaffective disorder was not indicated on the PN for the antipsychotic medication prescribed for Resident #115. The facility did not monitor the appropriate target behavior for the antipsychotic medication. There was no documented evidence that the facility had a PN for any other months.
On 12/09/22 at 9:04 AM, the surveyor interviewed LPN #3 regarding the behavior monitoring for Resident #115. LPN #3 stated that he was from an agency and that he worked at the facility on and off for the last two years and that he had been at the facility for the last two weeks. He stated that he did not see behavior monitoring in the eMAR. He stated that he was not familiar with target behaviors at this facility but that at other facilities he would document it. The surveyor then asked what the purpose of target behaviors were. LPN #3 stated that for a particular diagnosis they would monitor for the signs and symptoms of behaviors and document the behaviors related to the medications for the psychiatrist to review. The surveyor then asked what the target behaviors that were to be monitored for Resident #115. LPN #3 stated that he did not know of any target behaviors and added that he was not familiar with Resident #115.
On 12/09/22 at 09:21 AM, the surveyor interviewed LPN/UM #3 regarding Resident #115's target behaviors and the behavior monitoring. LPN/UM #3 stated that the facility would document a behavior note if the resident had a behavior. She added that for residents that do have behaviors, some may have an order in the eMAR for the behavior monitoring. The surveyor then asked if a resident was on a psychotropic medication if they would have behavior monitoring. The LPN/UM #3 stated that the monitoring would be a monthly summary under the assessment tab in the eMR. She added that she would print out the eMAR and go through the medications, see if a gradual dose reduction (GDR) was done and when the physician last visited them. She then stated that she would count out how many behaviors were documented in the progress notes. She stated that everyone on psychotropic meds should have a monthly psychotropic note and have a target behavior to monitor and the target behavior should be in the resident's care plan. The surveyor then asked what the purpose was for behavior monitoring and target behaviors. The LPN/UM #3 stated that it was to see if the resident needed an adjustment in medication dose, to see if the medication was working, or to see if they needed a GDR. The surveyor then asked if Resident #115 was on any psychotropic medications. The LPN/UM #3 stated that the resident was on olanzapine, paroxetine and hydroxyzine. The surveyor then asked what the target behaviors were for Resident #115. She stated that the resident preferred to be in his/her room by themselves. She added that the resident was anxious and that you can see it when he/she is anxious. The surveyor then asked if Resident #115's target behaviors to be monitored were on the resident's care plan. The LPN/UM #3 stated that Resident #115's care plan did not have the target behaviors and that they should be on the care plan. The surveyor then asked the LPN/UM #3 if there were any PN's beside for the PN dated 09/30/22. The LPN/UM #3 confirmed that there were no other monthly PNs and that there should have been PN's done monthly.
On 12/09/22 at 11:30 AM, the surveyor asked the LPN/UM #3 if the medication of hydroxyzine should have been included on the PN dated 09/30/22 and she confirmed that it should have been included.
On 12/09/22 at 11:43 AM, the surveyor interviewed the Assistant Director of Nursing/Infection Consultant Preventionist (ADON/ICP) #2 regarding the facility's behavior monitoring. The ADON/ICP #2 stated that he started at the facility in July and that he was not very informed on the policy at the facility for psychotropic medications and behavior monitoring. The surveyor asked the ADON/ICP #2 what his expectation would be if someone was on a psychotropic medication. He stated that they would have behavior monitoring and that if the resident had behaviors, it would be documented in the eMR. He added that there were different ways to document it and that it could be an order in the eMAR or a behavior note in the electronic progress notes. The surveyor then asked if a monthly summary of the behaviors should be done. The ADON/ICP #2 stated that he was not familiar if a monthly summary should be done. The ADON/ICP #2 stated that a target behavior was specific to the resident and what behaviors were to be monitored. He added the reason to monitor target behaviors was to see if the medication was effective or not effective.
On 12/15/22 at 10:07 AM, the surveyor interviewed the DON regarding behavior monitoring. The DON stated that the resident should have had a monthly PN while on the [psychotropic] medication. She confirmed that the medication hydroxyzine should have been included on the PN that was done. The DON stated that the PN did not list the appropriate target behavior and that it looked like the nurse did the assessment based on diagnosis and not behaviors. She added that the PN was not filled out in its entirety. The DON then confirmed that an order for behavior monitoring in the eMAR was ordered and started after surveyor inquiry. The surveyor then asked if Resident #115's target behaviors were on the resident's care plan. The DON confirmed that the resident's care plan did not have the targeted behaviors on the care plan and that they should have been included in the care plan.
On 12/16/22 at 9:49 AM, in the presence of the survey team, the surveyor interviewed Regional Registered Nurse (RRN) #1 regarding the behavior monitoring for Resident #86 and Resident #115. The RRN #1 confirmed that the behavior monitoring was incomplete and that it was not done monthly and that it should have been done monthly.
A review of the facility provided policy titled, Managing/Documenting Resident Behaviors with a review date of 8/1/22, included the following:
Policy: It is the policy of this facility to monitor resident's behavior and document behaviors in the medical record.
Purpose: To provide a method of addressing resident behaviors, documenting behaviors.
Procedure: Registered Nurse 1. Assess resident for behaviors, how behaviors have been managed in the past, what triggers the behaviors, and what pharmacological interventions have been successful.
2. All residents with known behaviors or history of behaviors should have a behavior care plan. 3. Will initiate behavior care plan and psychoactive medications for anyone on psych medications.
Licensed Nurse 4. Documents episodically in medical record to include where possible, cause or trigger all interventions attempted, disruption to others and duration of episode.
5. Documents on episodic behavior note summarizing type of behavior, diagnoses, medications, other interventions.
6. A monthly cycle note should also summarize behavior or no behaviors is residents not on any medications but may have had a history of behaviors Nurse manager/designee 8. Review psych consult and psychology notes and updates behavior and psych care plan accordingly. Updates diagnoses according to psychiatrist findings. Certified nursing Assistant 10. Notifies nurse of any behaviors noted on tour of duty.
A review of the facility provided policy, titled Antipsychotic Medication Use with a revised date of 10/22/22 included the following:
Under Policy Statement
Antipsychotic medications will be prescribed at the lowest possible dosage for the shortest period of time and are subject to gradual dose reduction and re-review
Under Policy Interpretation and Implementation
1. Resident will only receive antipsychotic medications when necessary to treat specific conditions for which they are indicated and effective.
2. The Attending Physician and other staff will gather and document information to clarify a resident's behavior, mood, function, medical condition, specific symptoms, and risks to the resident and others.
3. The Attending Physician will identify, evaluate and document, with input from other disciplines and consultants as needed, symptoms that may warrant the use of antipsychotic medications.
The policy did not address behavior monitoring.
N.J.A.C. 8:39-27.1 (a)
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0760
(Tag F0760)
Could have caused harm · This affected multiple residents
Based on interview, review of the medical record, and other facility documentation, it was determined that the facility failed to verify and accurately transcribe readmission medications. The deficien...
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Based on interview, review of the medical record, and other facility documentation, it was determined that the facility failed to verify and accurately transcribe readmission medications. The deficient practice was identified for 1 of 5 residents (Resident #80) reviewed for unnecessary medications and was evidenced by the following:
According to the admission Record, Resident #80 was admitted with diagnoses that included, but were not limited to, psychosis, anxiety disorder, and depression.
Review of Resident #80's Quarterly Minimum Data Set (MDS), an assessment tool used to facilitate the management of care, dated 09/10/22, included the resident had a Brief Interview for Mental Status of 15, which indicated that the resident was cognitively intact. Further review of the MDS revealed the resident received antidepressant medication for the last 7 days.
Review of the 07/28/22 psychiatric consult (psych consult) indicated to continue all current medications as prescribed, which included Duloxetine 90 mg daily for depression. The benefits outweigh the risk.
Review of the Progress Notes (PN) revealed a 08/11/22 nursing progress note that Resident #80 was readmitted to the facility and that medications and treatments were confirmed by the APN [advanced practice nurse].
Review of Resident #80's 08/11/22 After Visit Summary report (hospital discharge instructions) reflected under the Medication List medication order for Duloxetine (Cymbalta) (an antidepressant) 30 milligram (mg) and to administer three capsules daily. [for a total of 90 mg daily].
Review of the Order Summary Report, order date range 08/01/22-09/30/22, revealed a 08/11/22 physician order (po) for Duloxetine 30 mg and to administer three capsule three times a day. [for a total of 270 mg daily].
Review of the August 2022 and September 2022 Medication Administration Records (MAR) revealed the aforementioned order with the administration times of 9:00 AM, 1:00 PM and 5 PM. Further review of the MARs revealed that Resident #80 received Duloxetine 270mg daily for the following dates:
-08/12/22, 08/15/22, 08/16/22, 08/17/22, 08/18/22, 08/19/22, 08/20/22, 08/21/22, 08/22/22, 08/23/22, 08/24/22, 08/25/22, 08/26/22, 08/27/22, 08/28/22, 08/29/22, 08/30/22, 08/31/22, 09/01/22, 09/02/22, 09/03/22, 09/04/22, 09/05/22, 09/06/22, 09/07/22, 09/08/22, 09/09/22, 09/10/22, 09/11/22, 09/12/22, 09/13/22, 09/14/22, 09/15/22, 09/16/22, 09/17/22, 09/18/22, and 09/19/22.
Review of Resident #80's 11/04/22 After Visit Summary report reflected under the Medication List section, a po for Duloxetine 20 mg and to administer 90 mg daily.
Review of the Order Summary Report, for active orders as of 11/05/22, revealed a 11/04/22 po for Duloxetine 30 mg and to administer three capsule three times a day. [for a total of 270 mg daily].
Review of the November 2022 MAR revealed the aforementioned order with the administration times of 9:00 AM, 1:00 PM and 5 PM. Further review of the MARs revealed that Resident #80 received Duloxetine 270mg daily on 11/05/22, 11/06/22 and 11/07/22.
During an interview with the surveyor on 12/09/22 at 11:48 AM, LPN #1 stated the admitting nurse would review the packet from hospital, which included the discharge instruction and medication list. LPN #1 added that if there was a change in dosage of a medication, she would inform the physician of the previous dosage and the dosage recommended from hospital in order to make sure the correct dose was ordered and administered.
During an interview with the surveyor on 12/09/22 at 12:01 PM, Licensed Practical Nurse/Unit Manager (LPN/UM) #3 stated the admitting nurse would review the hospital record, verify the medication list with the physician and then input any orders into the Electronic Medical Record (EMR). LPN/UM #3 added that the nurse should review the resident's previous medication list, the hospital discharge medication list, and clarify any dosage discrepancy with the physician to make sure the resident was receiving the correct dosage.
During an interview with the surveyor on 12/09/22 at 12:20 PM, the Director of Nursing (DON), stated that the nurse should reconcile the resident's previous medication orders and hospital discharge medication list with the physician.
Review of the 08/11/22 Medication Error Report Form indicated the incident type was incorrect dosage. The Resident was ordered Duloxetine 90 mg/day and was given 270 mg/day due to transcription error.
Review of the 11/08/22 Medication Error Report Form indicated the incident type was incorrect dosage. The Resident was to receive Cymbalta 30 mg, 3 caps [capsules] one time a day. Resident receive[d] Cymbalta 30 mg 3 caps [capsules] 3 times a day.
Review of the facility's Physician's Orders policy, last reviewed on 08/01/22, indicated that all orders upon admission/readmission must be reconciled with the discharge medication list/discharge record, transcribed appropriately and verified with the physician.
NJAC 8:39-27.1(a), 29.2(d)
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Food Safety
(Tag F0812)
Could have caused harm · This affected multiple residents
Based on observation, interview, and review of facility documentation, it was determined that the facility failed to handle potentially hazardous foods and maintain sanitation in a safe, consistent ma...
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Based on observation, interview, and review of facility documentation, it was determined that the facility failed to handle potentially hazardous foods and maintain sanitation in a safe, consistent manner designed to prevent foodborne illness. This deficient practice was evidenced by the following:
On 12/07/22 at 10:54 AM, the surveyor, in the presence of the Food Service Director (FSD), observed the following during the kitchen tour:
1. A stack of 18-inch sheet pans was stored on a multi-tiered cart. The surveyor observed the top sheet pans were wetnesting. When interviewed, the FSD stated the sheet pan should not have been stacked while wet.
2. In the dry storage room, an opened, undated container of beef base wrapped in plastic was stored on a shelf. When interviewed, the FSD stated the container should have been dated when opened.
3. In the dry storage room, a dented can with no labeled was stored on a shelf alongside undented cans. When interviewed, the surveyor observed the FSD remove the dented can from the rack and placed it on the shelve designated for the dented cans. The FSD stated the can should not have been on the rack and should have been placed in the designated dented can area.
4. A stack of uncovered coffee filters was stored directly on top of the juice dispenser machine. When interviewed, the FSD stated the stacks of coffee filters should be stored in a plastic bag.
5. In the walk-in freezer, two packages of crab flake were stored on the top rack under the freezer fans. The surveyor observed the packages of crab flake covered with ice build-up. When interviewed, the FSD stated the freezer fan leaked from time to time.
6. In the walk-in refrigerator, the surveyor observed multiple trays stored on a multitiered cart. The first tray contained 23 fully thawed undated/unlabeled vanilla health shakes. The survyeor observed a ripped piece of cardboard, dated 12/07 and 12/14. A second tray contained seven fully thawed undated/unlabeled vanilla health shakes. A third tray contained 42 fully thawed undated/unlabeled vanilla health shakes. The surveyor observed a ripped piece of card, dated 12/07 and 12/10. When interviewed, the FSD confirmed the surveyor's findings and stated the health shakes should have been dated as soon as they were pulled from the freezer.
On 12/15/22 11:30 AM, the surveyor, in the presence of the FSD, observed the following during the second kitchen tour:
7. In the dry storage room, a dented can of spaghetti sauce was stored on a shelf alongside undented cans. When interviewed, the surveyor observed the FSD remove the dented can from the rack and place it on the shelve designated for the dented cans.
8. The surveyor observed dietary staff actively plating residents' lunch meal plates and requested to review the facility's Service Line Checklist, form (a form that documents the tray line food temperatures) for the 12/15/22 lunch meal service. The FSD provided the surveyor with a Service Line Checklist dated 12/14/22. When questioned about the 12/14/22 date, the FSD responded that the staff must have written the wrong date on the sheet and confirmed that the provided 12/14/22 Service Line Sheet was for the 12/15/22 lunch meal service. Review of Service Line Checklist, dated 12/14/22, revealed that the following tray line food items' temperatures were not documented:
-beef goulash with brown sauce
-mashed potatoes
-beef gravy.
When interviewed, the FSD stated that everything [food] on the tray line should have a temperature documented on the Service Line Checklist form.
Review of the facility's Policy for Wet nesting, with the approval dated of 11/23/22, indicated that all pots and pans must be put on shelve side way for airdry for at least 10 minutes or and until it is completely dried.
Review of the facility's Policy for Label and dating, with the approval dated of 11/23/22, indicated that leftover food should be clearly labeled and dated. The policy further indicated that Health shakes will be put out of freezer and labeled to expire for 14 days after thawing.
Review of the facility's Policy for dented cans, with the approval dated of 11/23/22, revealed that All dented and rusted cans must be put at a designated area to be returned.
Review of the facility's Policy for food temperatures, with a approval dated in March of 2022, revealed that The temperatures will be taken and recorded for all items at all meals.
NJAC 8:38-17.2 (g)
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Infection Control
(Tag F0880)
Could have caused harm · This affected most or all residents
Based on interview and review of other pertinent documents, it was determined that the facility who had been in an active COVID-19 outbreak since 11/18/22, failed to: a) follow the facility policy and...
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Based on interview and review of other pertinent documents, it was determined that the facility who had been in an active COVID-19 outbreak since 11/18/22, failed to: a) follow the facility policy and conduct complete and thorough contact tracing to prevent the spread of COVID-19 (a potentially, deadly virus) and b) implement measures to prevent the growth of Legionella (bacterium that causes legionnaires' disease, a type of pneumonia caused by legionella bacteria that spreads through mist such as through air conditioning units and can also occur in potable water) and other waterborne pathogens in the facility's water systems.
This deficient practice was identified for 1 (one) of 1 (one) sampled COVID-19 positive resident (Resident #107) and a review of 1 (one) of 1(one) COVID-19 positive staff member (Certified Nursing Assistant (CNA) #4) and was evidenced by the following:
Reference: Contact Tracing for COVID-19 Centers for Disease Control:
https://www.cdc.gov/coronavirus/2019-ncov/php/contact-tracing/contact-tracing-plan/contact-tracing.html.
Reference F886
a) On 12/07/22 at 9:30 AM, during the entrance conference, both the Director of Nursing (DON) and Administrator confirmed that the facility was in a COVID-19 Outbreak and indicated that there were no residents who required transmission based precautions (TBP, infection control precautions for residents known or suspected to be infected) or who were considered persons under investigation (PUI) for COVID-19 who were monitored for signs and symptoms of COVID-19 under TBP.
On 12/12/22 at 11:24 AM, the surveyor interviewed the Infection Control Preventionist (ICP #1) who stated that on 11/11/22, Resident #107 was not feeling well and was sent to the hospital where he/she was diagnosed with COVID-19. ICP #1 stated that since the resident was unable to be interviewed immediately for contact tracing purposes (process for identification of individuals who have been within six feet of proximity of a person diagnosed with an infectious disease, i.e. COVID-19, for a total of 15 minutes within a 24 hour period) she rapid tested the resident's unsampled room mate and transferred the resident to the PUI unit for observation where the resident continued to test negative for COVID-19 on day five and day 10. ICP #1 stated that since Resident #107 was a smoker, she then tested all smokers who may have went out to smoke with the resident on 11/11/22. ICP #1 stated that she did not conduct contact tracing or testing with the Activity Aides (AA) who supervised the residents during smoking sessions as they were all up to date with their COVID-19 vaccinations. ICP #1 further stated that she assumed that the AA remained inside while masked behind the door while the residents smoked outdoors and did not have prolonged exposure to Resident #107. Review of the facility's Smoke Break Record Sheet revealed the Resident #107 last attended Smoke Break on 11/9/22 at 8:45 AM.
ICP #1 further stated that an employee, a Certified Nursing Assistant (CNA #4), tested positive for COVID-19 on 11/29/22. ICP #1 explained that CNA #4 worked the 11-7 shift on 11/28/22, and called ICP #1 that morning to inform her that she was not feeling well and was recently exposed to a family member who tested positive for COVID-19. CNA #4 informed ICP #1 that she tested herself with a home test kit which was positive. ICP #1 stated that she directed CNA #4 to have a PCR (polymerase chain reaction, lab test to detect COVID-19) test completed at urgent care. ICP #1 confirmed that CNA #4 subsequently tested positive for COVID-19 via PCR testing on 11/29/22. ICP #1 provided the surveyor with the Contact Tracing-Employee form which indicated that CNA #4 who was up to date with her COVID-19 vaccinations and booster, tested positive for COVID-19 via PCR test on 11/29/22, was symptomatic, with no signs or symptoms checked off in the spaces provided on the form, and last worked 11-7 shift on 11/28/22. The remainder of the form was not filled in and failed to include a designated area to document any residents or staff members who may have been in close contact with CNA #4 prior to testing positive for COVID-19. ICP #1 noted that was the only documentation that she completed regarding CNA #4's diagnosis of COVID-19.
ICP #1 further stated that CNA #4 denied being near any staff for a 15 minute period. ICP #1 stated that she did not ask CNA #4 who she may have shared her meal time with. ICP #1 stated that when CNA #4 texted her on 11/29/22, with her signs and symptoms which included body pain and coughing she acknowledged that she did not document the information on the Contact Tracing form in the space provided as she, Was playing catch up. ICP #1 stated that she just did testing in response to the interview that she had with CNA #4 and did not document the interview on the form or elsewhere. ICP #1 confirmed that she did not complete any additional contact tracing with other staff or residents in response to CNA #4 or Resident #107's confirmed diagnosis of COVID-19. ICP #1 also failed to complete a COVID Risk Assessment form as outlined within the facility policy.
Review of Resident #107's admission Record (an admission summary) revealed that the resident was readmitted to the facility with diagnoses which included but were not limited to: Cerebral infarction (stroke), acquired absence of left leg below knee (amputation), difficulty in walking, and need for assistance with care.
Review of Resident #107's quarterly Minimum Data Set (MDS), an assessment tool dated 10/05/22, revealed that the resident had a Brief Interview for Mental Status (BIMS) score of 15 out of 15, which indicated that the resident was fully, cognitively intact. Review of the functional status portion of the MDS revealed that the resident was independent and required no staff assistance for bed mobility, transfer, both walking in room and in the corridor, dressing, eating or personal hygiene. Further review of the MDS indicated that the resident had a limb prosthesis (artificial lower extremity).
On 12/15/22 at 9:58 AM, the surveyor observed Resident #107 ambulating independently within his/her room and the resident wore a surgical mask that hung from the right ear by a single loop and did not cover the resident's mouth and nose. When interviewed, the resident stated that he/she usually smoked three times per day. The resident reportedly walked down the hall to the exit, waited in line, and went out to smoke. The resident did not immediately recall being hospitalized when questioned.
At 10:03 AM, Resident #107 was observed seated alone in a chair at the end of the hall with a rollator walker positioned in front of him/her. The resident wore a surgical mask.
At 10:04 AM, the surveyor interviewed CNA #3 who stated that Resident #107 was independent with care and mainly just went out to smoke or sat in a chair at the end of the hallway.
On 12/12/22 at 2:12 PM, in a later interview with ICP #1, she confirmed that she had not completed Contact Tracing with the Activity Aides who supervised Resident #107 during smoking observation prior to the resident's hospitalization and she did not know for sure without asking them if they went outside to supervise the residents during smoke break, which left room for error with possible exposure to COVID-19.
ICP #1 further stated that she was from out of state and had begun working at the facility on 06/30/21, as a new Infection Preventionist. ICP #1 stated that she was getting used to how they did things in New Jersey and was still learning the role as ICP. ICP #1 stated that after surveyor inquiry she realized that,maybe she should have documented her interview with CNA #4 as part of the Contact Tracing and that was something that she needed to start doing. ICP #1 stated that the DON trained her on how to do the ICP role.
On 12/12/22 at 12:35 PM, the surveyor interviewed the DON in the presence of the survey team, who stated that when ICP #1 completed Contact Tracing, she should have ensured that the Contact Tracing forms were completed and included information about both the residents and the staff that CNA #4 worked with. The DON stated that CNA #4's signs and symptoms should have been documented on the form in the space provided. The DON stated that ICP #1 also should have documented whether CNA #4 shared a meal break with another staff member and documented the outcome on the Contact Tracing form, though the form did not provide a designated field for this information. The DON stated that the Contact Tracing form was created for a reason and in order to do proper Contact Tracing, the form should have been completed in its entirety.
On 12/13/22 at 9:43 AM, the surveyor interviewed the Administrator who stated that the Contact Tracing form was developed under previous ownership and remained in effect since the current company took over on 07/01/22. When the surveyor asked if ICP #1 received training on how to complete the Contact Tracing form, the DON who was present stated that we covered everything in town hall meetings and all staff were in-serviced. ICN #1 who was present at that time, acknowledged that she should have completed all required fields on the Contact Tracing form.
On 12/16/22 at 9:55 AM, Regional Registered Nurse (RRN #1) provided the surveyor with Employee Education Attendance Record with Topic of In-Service: COVID Contact Tracing and Testing that was presented by ICP #1 and was dated 12/13/22, which was noted to have been conducted via discussion with participation in discussion and verbalization of content with facility nursing staff.
On 12/16/22 at 9:47 AM, the surveyor interviewed RRN #1 in the presence of the survey team, who stated that the smokers who were potentially exposed to Resident #107 prior to the resident being diagnosed with COVID-19 were not subject to Contact Tracing and should have been. RRN #1 acknowledged that the Contact Tracing Forms that were utilized by ICN #1 failed to contain a 48 hour look back period to identify close contacts to help prevent the spread of infection.
b) On 12/15/22 at 12:00 PM, the surveyor interviewed the facility's Maintenance Director (MD) who stated that he served in the position for nearly five years. The MD stated that the local municipality provided the facility with a annual waters quality report. The MD provided the surveyor with Annual Water Quality Report from 2018 and 2020, and was unable to provide the surveyor with a current report to reflect the municipality's findings of the facility's water supply. The MD confirmed that neither Annual Water Quality Report indicated that the water supply was tested for the presence of Legionella.
The MD further stated that in his ten years of experience in working in long-term care, testing for Legionella had never come up before, and he has never had to test for it. The MD further stated that the facility's water supply should be tested because if there were pathogens in the water, he would want to know about it.
On 12/15/22 at 1:20 PM, the Administrator showed the surveyor a text message on his cell phone and stated that the photo depicted an alleged Legionella water test kit result that was obtained by his Regional Maintenance Director in October 2022. The Administrator stated that the results of the testing were not documented and he was unable to validate that the test results pertained to the facility's water supply. The Administrator confirmed that the facility did not have a purchase order or a contract in place for water testing. The Administrator further stated that all of this was new to him and he would implement measures to test the facility's water supply for the presence of pathogens such as Legionella, going forward.
On 12/16/22 at 9:55 AM, the RRN #1 provided the surveyor with a QAPI Action Plan related to Contact Tracing dated 12/13/22, which revealed the following: Concern: It was noted that the facility does not always follow Contact tracing and testing guidelines, especially in regard to documentation
Review of the Root Cause Analysis revealed the following:
1. Facility staff, IP (Infection Preventionist) or designee not always compliant with consistently documenting contact tracing and COVID testing
2. Facility staff, IP or designee inconsistent with filling out the contact tracing form in its entirety
3. Facility staff, IP designee requiring re education on importance of timely and appropriate contact tracing procedure/COVID testing procedure and documentation as per guidelines and facility policy
4. Facility staff, IP or designee requiring consistent oversight to ensure compliance with contact tracing, COVID testing procedure and documentation
Review of the facility's undated, Water Management Plan revealed the following:
Identify Areas Subject to Legionella:
Ice machines, Water coolers, HVAC-PTAC units, Eyewash systems, Hot water holding tanks, Faucet Aerators/Shower heads
Control Measures & Corrective Action included a cleaning and inspection schedule of all aforementioned areas subject to Legionella. The Water Management Plan failed to identify a process for water testing to detect the presence of pathogens within the facility's water supply.
Review of the facility policy, Contact Tracing Policy COVID 19 Pandemic (Revised 09/30/22) revealed the following:
Purpose: The facility is committed to following all State and Federal guidance and regulations to prevent the spread of COVID-19.
For a new onset of a positive COVID case for a resident or staff member the Infection Preventionist will document all contacts and conduct contact tracing for the 48 h prior to the positive test result utilizing facility Contact Tracing procedure.
For any COVID positive patient, the COVID Risk Assessment form and Contact Tracing form (patient) must be filled out.
For any COVID positive staff, the Contact Tracing form (employee) must be filled out.
The Infection Preventionist will keep a Contact Tracing form/log for all positive cases (patients and employees).
Any patient identified as close contact with a COVID positive patient will have to be tested immediately (rapid antigen test)
Any employee identified as close contact with a COVID positive patient ill have to be tested immediately (rapid antigen test)
Any employee identified as a close contact with a COVID positive patient will have to be tested immediately (rapid antigen test).
NJAC 8:29-19.2(a) 19.4 (a) (d) (f) (g); 27.1 (a)
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0886
(Tag F0886)
Could have caused harm · This affected most or all residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interviews, and review of pertinent documents, it was determined that the facility failed to: a) conduct immediate, com...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interviews, and review of pertinent documents, it was determined that the facility failed to: a) conduct immediate, comprehensive resident and staff COVID-19 (a potentially, deadly virus) testing upon the identification of a single positive resident or staff member in accordance with the facility policy b) ensure that comprehensive COVID-19 testing was completed and accurately documented during a COVID-19 outbreak that began on 11/18/22, in accordance with current Federal, State and Centers for Disease Control guidelines.
This deficient practice was identified for 1 (one) of 1 (one) COVID-19 positive resident (Resident #107), 1 (one) of 1 (one) COVID-19 staff members (Certified Nursing Assistant (CNA #4) on 3 (three) of 3 (three) nursing units, and was evidenced by the following:
Reference: Interim Final Rule (IFC), CMS-3401-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency related to Long-Term Care (LTC) Facility Testing Requirements (Ref: QSO-20-38-NH) Revised 09/23/22
Centers for Disease Control and Prevention: COVID-19 Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated 09/23/22)
According to QSO-20-38-NH (revised 09/23/22), Interim Final Rule: Upon identification of a single new case of COVID-19 infection in any staff or residents, testing should begin immediately (but not earlier than 24 hours after the exposure, if known). Facilities have the option to perform outbreak testing through two approaches, contact tracing or broad based (e.g. facility-wide testing).
If the facility has the ability to identify close contacts of the individual with COVID-19, they could choose to conduct focused testing based on known close contacts. If the facility does not have the expertise, resources, or ability to identify all close contacts, they should instead investigate the outbreak at a facility-wide or group-level (e.g., unit, floor, or other specific area (s) of the facility) .
Documentation of Testing:
Facilities must demonstrate compliance with the testing requirements. To do so, the facilities should do the following:
For symptomatic residents and staff, document the date( s) and time (s) of the identification of signs and symptoms, when testing was conducted, when results were obtained, and the actions the facility took based on the results.
Upon identification of a new COVID-19 case in the facility, document the date the case was identified, the date other residents and staff are tested, the dates that staff and residents who tested negative are retested, and the results of all tests (see section Testing of Staff and Residents During an Outbreak Investigation ) .
According to the CDC's, Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (09/23/22):
Perform testing for all residents and HCP (health care providers) identified as close contacts or on the affected unit (s) if using broad-based approach, regardless of vaccination status.
Testing is recommended immediately (but not earlier than 24 hours after the exposure) and, if negative, again 48 hours after the first negative test and, if negative, again 48 hours after the second negative test. This will typically be at day 1 (where day of exposure is day 0), and day 3 (three), and day 5 (five).
.If no additional cases are identified during contact tracing or the broad-based testing, no further testing is indicated.
Refer to F 880
On 12/07/22 at 9:30 AM during the Entrance Conference, that was attended by both the Director of Nursing (DON) and Administrator, it was confirmed that the facility was in an active COVID-19 Outbreak and the facility tested the unvaccinated, exempt staff twice weekly and once weekly testing was performed for residents and staff. At that time, it was confirmed that there were no positive cases of COVID-19 in the building, and the census was 154.
On 12/12/22 at 10:00 AM, during an interview with Assistant Director of Nursing/Infection Control Preventionist (ADON/ICP #2), it was revealed that the facility experienced an Outbreak of COVID-19 after CNA #4 tested positive, date not immediately specified. ADON/ICP #2 further stated that the testing that was completed was based on the Contact Tracing that was completed by ICP #1 and anyone else who may not have been up-to-date with their vaccinations. ADON/ICP #2 stated that staff members who were not up to date were tested twice weekly due to high community rates of COVID-19. He further stated that only staff who were not up to date or were identified as having been a close contact (within six feet distance for fifteen minutes total in a twenty-four hour period due to an exposure to someone who tested positive for COVID-19). ADON/ICP #2 further stated that ICP #1 did all of the testing.
On 12/12/22 at 11:24, AM the surveyor interviewed ICP #1 in the presence of the survey team, who stated that in response to Resident #107's confirmed COVID-19 diagnosis that was reported to the facility from the acute care facility on 11/11/22, ICP #1 tested the resident's unsampled roommate immediately prior to transferring the resident to the PUI unit (persons under investigation, for COVID-19), then tested the resident on day five and day ten and all testing yielded negative results. ICP #1 stated that since Resident #107 was a smoker, she asked the Activity Aides which smokers went out to smoke with Resident #107 during that time. ICP #1 maintained that all smokers who went out to smoke on 11/11/22, were tested for COVID-19 only once with no positive results. ICP #1 further stated that no staff were tested as they were all up to date with their vaccinations and boosters.
ICP #1 further stated that CNA #4 tested positive for COVID-19 via an at home rapid test on 11/28/22, after she had just worked the 11 (eleven) to 7 (seven) shift. She stated that CNA #4 was referred to urgent care where she tested positive for COVID-19 on 11/29/22 with PCR (polymerase chain reaction, diagnostic test) testing. ICP #1 maintained that she only tested the residents that CNA #4 cared for in the previous 48 hours prior to testing positive for COVID-19. ICP #1 further stated that she did not test any staff who worked with CNA #4 as they were not determined to have been close contacts. ICP #1 stated right now, she tested the residents who were exposed to CNA #4 and were not up to date with their vaccinations based on Local Health Department (LHD) recommendations. The surveyor requested to view all guidance provided by the LHD at that time and ICP #1 was unable to provide the guidance that she referenced. ICP #1 stated that the testing was conducted based on staff interview, which she failed to document.
At that time, the surveyor requested to view all Contact Tracing and COVID-19 testing that was obtained in response to the current outbreak. ICP #1 stated that the information was in her office. ICP #1 provided the surveyor with Resident testing logs that were dated 11/14/22, 11/16/22, 11/29/22, and 12/1/22. The surveyor noted that the Resident Testing Log dated 12/01/22 was largely incomplete. On the first page of the logs, there were 13 resident names listed and only the first resident on the list had the following information filled in: date of testing, time (7-3), result (Neg) and the testers signature, ICP #1. There was no documented evidence to indicate that the remaining 12 residents on the page were tested. On page two and three of the log only the date was filled in for the first of 13 residents on the list and none of the aforementioned information was filled in on the log for any of the residents. On the last page of the log, seven resident names were listed and only the date was filled in for the first resident listed and no other information was documented on the log to indicate that any of the residents had been tested. ICP #1 stated that on 12/01/22, she conducted rapid testing and went through the roster to determine which residents were up to date and tested the residents who were not up to date with their vaccinations. When the surveyor questioned why the log was not filled in ICP #1 stated that she only listed the names of each resident, so that she knew who she had to see. The surveyor asked how anyone would know that the residents were tested if the testing were not documented? ICP #1 stated that if she were off, the facility would have to call her to find out if the residents were tested because she did not document the results of testing for each resident on the testing log as required. ICP #1 further stated, I intended to fill it in later, because it is just me, this is my process. ICP #1 clarified that she tested all residents independently. ICP #1 stated, If it was not documented, it was not done. ICP #1 further stated that she tried to fill it in later that same day. ICP #1 confirmed that she, delayed completing the form since 12/01/22, because there was always something going on and she tried to find a way to get organized.
ICP #1 further stated that while in outbreak, she tested residents twice weekly in the beginning. ICP #1 stated that when she learned that Resident #107 tested positive on 11/11/22, she confirmed that she was working that day. ICP #1 stated that Resident #107's roommate was tested on [DATE]. ICP #1 attempted to look through piles of papers on her desk for the remainder of testing that was completed on 11/11/22, and handed the surveyor an undated piece of paper which was titled, Pav (pavilion) 2 and listed nine residents all of which had the word (NEG) listed next to each name. ICP #1 stated that the Unit Managers had obtained testing for their perspective units and she agreed to furnish the documentation for Pavilion One and Three.
On 12/12/22 at 12:01 PM, in a later interview with ICP #1, she stated that she only tested the smokers once and did not have any guidance to support the decision to stop testing, as it was something that she had come up with. ICP #1 stated that on 11/11/22 when the Unit Managers helped her conduct testing, she did not transcribe the information onto a Resident Testing Log. ICP #1 explained that on 11/11/22, the Unit Managers helped me to test smokers. ICP #1 further explained that all of the smokers that were exposed to Resident #107 were tested regardless of vaccination status.
On 12/12/22 at 12:35 PM, the surveyor interviewed the DON in the presence of the survey team. The DON stated that she completed Infection Prevention training. She stated that twice weekly testing was required to continue for 28 days for outbreak testing and close contacts. The DON stated at this point, it does not matter if the resident was up to date with vaccinations or not. She stated, Everyone should be tested. The DON stated that ICP #1 should have maintained all COVID-19 testing on the logs. She stated that ICP #2 assisted ICP #1 with the Infection Control task as, ICP #1 gets overwhelmed. The DON further stated that she would have expected that ICP #1 would have tested all smokers during outbreak testing which should have been completed on 12/05/22.
On 12/12/22 at 1:04 PM, ICP #1 presented the surveyor with Nursing Progress Notes that were dated 11/11/22, which were documented by the Pavilion One Unit Manager and revealed that she tested eight residents using a rapid test and all eight residents were asymptomatic, and tested negative for COVID-19. At that time, ICP #1 also provided the surveyor with COVID Testing that was completed by the Pavilion Three Unit Manager and there were eight resident's names highlighted, and four of the eight highlighted residents had the notation, wasn't out next to their names.
ICP #1 further stated, in addition to the testing conducted by the Pavilion One, Two and Three Unit Managers, she conducted testing of all residents who were not up to date with their vaccinations on 11/14/22, 11/16/22, 11/21/22, 11/29/22 and 12/1/22. The surveyor reviewed the logs and questioned why on 11/29/22, only six residents were tested. ICP #1 confirmed that those residents were not up to date and were tested in response to exposure to CNA #4. ICP #1 explained, Further testing should have been completed on 12/05/22, but I had other stuff I was assigned to do. ICP #1 stated that she would have to check to determine when she was required to cease outbreak testing.
ICP #1 further who stated that she looked at the CDC website today after surveyor inquiry because the facility did not have a policy related to post-exposure testing. ICP #1 stated that according to the Outbreak policy, testing should have happened for everyone on 11/11/22, when Resident #107 tested positive for COVID-19. ICP #1 stated, Maybe, I should have tested them the first day (11/11/22), then in 48 hours, and in another 48 hours in accordance with CDC guidelines. ICP #1 stated that according to the facility Outbreak Policy, testing should have happened for everyone on 11/11/22, the guidance directed to test everyone who was not up to date or unvaccinated, and was not current. ICP #1 stated we used to test everyone under the prior ownership. ICP #1 stated that under this company, I was only taught to test residents who were not up to date or who were unvaccinated. ICP #1 explained that for employees, we mandated that they all have to be up to date and none of them were tested during outbreak because only two staff members were not up to date who were exempt. ICP #1 stated that, The risk of delayed testing was that it could spread throughout the facility and puts other residents at risk for contracting COVID-19. ICP #1 further stated, I test on Monday and Thursday, but that does not always happen. She maintained that testing should have continued and been done on 12/05/22, 12/08/22, and 12/12/22. ICP #1 stated that she had not obtained the testing as described, (last test date was 12/01/22) and did not tell anyone that she needed help with the testing because everyone has been really busy around here. ICP #1 stated that, Testing was the most important part of identification of new COVID cases during an outbreak. ICP #1 stated that no residents were tested in response to CNA #4 testing positive for COVID-19. The surveyor reviewed the testing log completed for 12/1/22 and determined that only three of the ten residents that CNA #4 cared for on her assignment were tested on that date.
ICP #1 further stated that the Activity Staff who supervised Resident #107 while smoking should have been interviewed for Contact Tracing purposes and tested as they too could have been exposed to COVID-19.
On 12/14/22 at 8:57 AM, the DON presented the surveyor with the Root Cause Analysis dated 12/13/22, related to Testing and Contact Tracing. The surveyor noted that the Testing Log for 12/01/22 was now completely filled in and asked the DON to explain the rationale for this. The DON stated that, ICP #1 filled in the Resident Testing last night, because it was not filled in yesterday when you viewed it.
On 12/13/22 at 9:43 AM, the DON stated that, Broad based testing (testing the whole facility) would have been done if someone tested positive out of the group of smokers that we tested, because we would have had to do Contact Tracing with that person who tested positive.
On 12/13/22 at 9:58 AM, ICP #1 stated that she only tested three of the ten residents on CNA #4's assignment as those were the residents with whom she would have had over 15 minutes of direct contact with based on their level of care. ICP #1 stated that one of the (unsampled) residents that were tested required CNA #4 to provide 1:1 observation on 11/26/22, and that resident was tested on [DATE] and was negative. Review of CNA #4's Assignment Sheets failed to indicate that CNA #4 was assigned to a 1:1 as described by ICP #1. ICP #1 further explained that she only tested those residents that CNA #4 indicated she was in close contact with. ICP #1 confirmed that she did not document the conversation that she had with CNA #4 in order to validate the explanation. ICP #1 stated that after surveyor inquiry, she will document all such data in the medical record going forward, even if asymptomatic and negative.
ICP #1 further stated, she was testing twice weekly, and should have tested on ce more after 12/01/22, on 12/05/22. ICP #1 stated that, The residents were not done (tested) because I honestly did not get to it. The DON who was present stated that while she provided oversight to ICP #1, she was not aware that testing did not occur as required. ICP #1 stated that weekly testing on Monday and Thursday should have been completed for two rounds of testing and again on 12/08/22. The Administrator who was present stated, The residents were vaccinated and asymptomatic, we tested twice, and they were all negative, and signs and symptoms were monitored and that was part of the logic. The Administrator further stated, Because everyone was vaccinated, we tested the smokers who were asymptomatic, there was not a need for more testing.
On 12/16/22 at 9:47 AM, the Registered Regional Nurse (RRN #1) stated, We did a root cause analysis to see what we did and what we could do better. RRN #1 stated that Resident #107 was ambulatory and kept to themselves. The smokers were tested, but a second round of testing was required and was not completed. RRN #1 stated that we only did the initial testing with the smokers and subsequent testing in the policy at that time, indicated that testing should have occurred twice weekly for two weeks. RRN #1 stated that after review of the current CDC guidance dated 09/23/22, it was identified that testing should have occurred on day one, three and five. RRN #1 agreed that the smokers were not subject to contact tracing and should have been. RRN #1 stated that going forward, Contact Tracing would be performed prior to testing.
Review of the QAPI (Quality Assurance Performance Improvement) Action Plan provided by the Regional Registered Nurse (RRN) #1 on 12/16/22 and implemented on 12/13/22, revealed the following: Concern: It was noted that the facility does not always follow Contact Tracing and Testing guidelines, especially in regard to documentation. Root Cause Analysis: .IP, or designee requiring consistent oversight to ensure compliance with Contact tracing, COVID testing, procedure and documentation .
Review of the facility policy, COVID-19 Management (revised 10/12/22) revealed the following: Testing Summary: Testing Trigger:
Newly identified COVID-19 positive staff or resident in a facility that can identify close contacts.
Staff: Test all staff regardless of vaccination status, that had a higher-risk exposure with a COVID 19 positive individual
Residents: Test all residents, regardless of vaccination status, that had close contact with a COVID 19 positive individual
Trigger: Newly identified COVID 19 positive staff or resident a facility that is unable to identify close contacts.
Staff: Test all staff, regardless of vaccination status, facility wide or at a group level if staff are assigned to a specific location where the new case occurred (e.g., unit, floor or other specific area (s) of the facility).
Residents: Test all residents, regardless of vaccination status, facility wide or at a group level (e.g., unit, floor or other specific area (s) of the facility).
Review of the facility policy titled, Smoking (reviewed 10/25/22) revealed the following:
Residents will be observed by staff while smoking, 6-10 feet away, identify any unsafe behavior such as smoking cigarette down to the filter, incorrect placement of smoking apron, allowing ash to accumulate before disposing in ashtray, hording [sic.] of cigarettes, etc. Staff will wear a mask at all times.
NJAC 8:39-19.4 (a) (f)
MINOR
(C)
Minor Issue - procedural, no safety impact
Deficiency F0838
(Tag F0838)
Minor procedural issue · This affected most or all residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and review of other pertinent facility documentation, it was determined that the facility failed to ensure th...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview and review of other pertinent facility documentation, it was determined that the facility failed to ensure that the Facility Assessment included the resources required to establish policies and procedures for the management of an active COVID-19 (a potentially deadly virus) outbreak. This deficient practice was identified by the following.
Reference F880, F886
On 12/07/22 at 9:30 AM during the entrance conference, both the Administrator and the Director of Nursing (DON) stated that the facility was in an active outbreak of COVID-19 and confirmed that there were no active cases of COVID-19, or persons under investigation (PUI) for signs and symptoms of COVID-19. At that time, the DON stated that those staff who were not up to date with their COVID-19 vaccinations (unvaccinated, exempt employees) were tested twice weekly and both residents and staff were tested on ce weekly.
On 12/12/22 at 11:14 AM, the surveyor interviewed Infection Control Practitioner (ICP #1) in the presence of the survey team. ICP #1 stated that on 11/11/22, Resident #107 was hospitalized and tested positive for COVID-19 at the hospital. ICP #1 stated that the resident was a smoker and all residents who went out to smoke with the resident prior to hospitalization were tested on ce for COVID-19. ICP #1 further stated that no staff were tested as she had determined that based on the process used for smoking supervision, staff did not have close contact with the resident, and staff were up to date with both their COVID-19 vaccinations and boosters.
ICP #1 further stated that CNA #4 tested positive for COVID-19 on 11/29/22, and the residents that she cared for were tested on e time in response to their exposure. ICP #1 stated that she tested all residents who were not up to date with their Covid vaccinations on 11/14/22, 11/16/22, 11/21/22, 11/29/22 and 12/1/22. ICP #2 stated that further testing for COVID-19 should have been completed on 12/5/22, but she had other stuff that she was assigned to do and was unable to complete the required testing.
On 12/12/22 at 12:35 PM, the surveyor interviewed the DON in the presence of the survey team. The DON stated that she would have expected that all smokers would have been tested twice weekly with results documented on a log during outbreak through 12/05/22. The DON stated that while symptom monitoring was conducted once every shift, she would not know if somebody was positive for COVID-19 if the residents were not tested and testing was not documented as required. The DON stated that no residents should have been excluded during outbreak testing. The DON further stated that outbreak testing should have begun immediately and should not have been delayed until 11/14/22, as there was a concern for spread of infection.
On 12/13/22 at 8:57 AM, the DON provided the surveyor with a copy of the facility Resident and Staff Outbreak Line List (a table that contains key information about each case in an outbreak) which revealed that Resident #107 who was admitted to the facility in December of 2019 had a syncopal (temporary loss of consciousness caused by a fall in blood pressure) episode and was sent to the hospital where he/she tested positive for COVID-19 on 11/11/22. The resident returned to the facility on [DATE] and was placed on transmission-based precautions through 11/21/22.
Further review of the line list confirmed that CNA #4 developed a cough after being exposed to a sick family member who tested positive for COVID-19. CNA #4 then tested positive for COVID-19 on 11/29/22 and remained home under quarantine through 12/4/22.
On 12/13/22 at 9:58 AM, the surveyor interviewed the Administrator in the presence of the survey team, who stated that the residents were vaccinated for Covid, asymptomatic, tested twice for Covid, and were all negative. The Administrator further stated that because everyone was vaccinated and we tested the smokers who were asymptomatic, there was not a need for more testing.
On 12/15/22 at 9:55 AM, the surveyor notified the Administrator that a copy of the facility assessment was needed for review.
On 12/15/22 at 10:42 AM, the surveyor reviewed the Facility Assessment titled, Facility Wide Assessment Tool. The date of the Assessment was January 2022. Further review of the document revealed that Quality Assurance Performance Improvement (QAPI) Committee Reviews of the document were conducted in January 2022, April 2022, July 2022 and October 2022. Further review of the documented revealed the following: Riverfront Rehab can provide care for residents, that may develop the following common diseases, conditions, physical and cognitive disabilities, or combinations of conditions that may require complex medical care and management. For all admissions accepted, the center coordinates services to ensure all required equipment, treatments, and training/skills, necessary to care for the specific diagnosis/conditions of each new admission is coordinated and ready on the day of admission .
A review of the Category of Infectious Diseases failed to include care of the resident with COVID-19.
On 12/15/22 at 10:42 AM, the surveyor interviewed the Administrator who stated that COVID-19 should have been included in the Facility Assessment. The Administrator stated that the Facility Assessment served as a guide for the building and the whole team. The Administrator stated that the facility did have policies related to COVID-19 and that the Facility Assessment did not cover everything. The Administrator stated that staff roles and responsibilities related to COVID-19 should have been included within the Facility Assessment. The Administrator maintained that COVID-19 may have been inadvertently removed from the Facility Assessment when he last updated the document, and he was unable to provide the surveyor with documentation to support the explanation for the omission when requested.
Review of the facility policy, Annual Facility Assessment (reviewed 06/16/22) revealed the following: It is the policy of this facility to conduct and document facility wide assessments to determine the resources necessary to care for our residents competently during both day-to-day operations and emergencies to ensure that quality of care and quality of life are maintained.
The facility assessment must address or include: The care required by the resident population considering the types of diseases, conditions, physical and cognitive abilities, overall acuity, and other pertinent facts that are present within a population.
Responsibility: Administrator Procedure: Responsible for ensuring that the facility assessment is completed no less than annually and whenever there is, or the facility plans for, any change that would require a substantial modification to any part of this assessment.
NJAC 8:39-19.1 (a) (b)