CRITICAL
(J)
Immediate Jeopardy (IJ) - the most serious Medicare violation
Free from Abuse/Neglect
(Tag F0600)
Someone could have died · This affected 1 resident
Based on observation, interview, record review, and review of other pertinent facility documentation, it was determined the facility failed to ensure that Resident #2 was free from physical abuse from...
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Based on observation, interview, record review, and review of other pertinent facility documentation, it was determined the facility failed to ensure that Resident #2 was free from physical abuse from a staff Licensed Practical Nurse.
On 7/30/22 during the evening shift, Resident #2 was a victim of physical abuse by a Licensed Practical Nurse #1 (LPN#1) when LPN #1 punched Resident #2 on the left side of the face with a closed fist causing the resident to fall to the ground. This incident was witnessed by two facility staff, a Certified Nursing Aide (CNA #1) and a second Licensed Practical Nurse (LPN #2). The resident exhibited pain after the incident.
LPN#1's failure to prevent physical abuse by punching Resident #2 with a closed fist causing the resident to fall posed a likelihood of serious harm, impairment or death to that resident on 7/30/22, resulting in an immediate jeopardy (IJ) situation that began on 7/30/22.
The facility immediately suspended and terminated LPN #1 and notified all necessary parties and governing agencies and implemented additional measures to protect other residents on the same day 7/30/22.
The facility was notified of the past non-compliance IJ on 10/26/22. The immediacy was lifted on 7/30/22.
This deficient practice was identified for 1 of 11 residents reviewed for abuse (Resident #2).
The evidence was as follows:
On 10/13/22 at 9:40 AM, the surveyor observed Resident #2 in bed with his/her eyes closed.
The surveyor reviewed the medical record for Resident #2 which revealed the following:
A review of the admission Record face sheet (an admission summary) revealed that the resident was admitted to the facility with diagnoses which included: metabolic encephalopathy (a condition caused by a chemical imbalance in the blood and can affect one's mental state.), bipolar disorder (a psychiatric diagnosis that causes changes in a person's mood, energy, and ability to function), anxiety disorder, and chronic pain syndrome.
A review of the Quarterly Minimum Data Set (QMDS), an assessment tool used to facilitate the management of care, dated 7/01/22 reflected a Brief Interview for Mental Status (BIMS) score of 9 out of 12, indicating that the resident's cognition was moderately impaired.
A review of the Resident #2's comprehensive individualized care plan included that the resident had a Behavioral Care Plan with an initiation date of 7/26/16 and revised on 8/02/22 with a focus area that Resident #2 had episodes of lashing out, threatening, verbally/physically aggressive to staff/co-residents if the resident did not get what the resident wants instantly. The interventions included allowing the resident to verbalize feelings, anticipate and meet the resident's needs, and caregivers to provide an opportunity for positive interaction, attention, approach/speak in a calm manner, and divert attention.
Further review of the resident's care plan revealed another focus area for behavioral if the resident's meals are not delivered to their room prior to the food truck being pulled down the hallway and staff delivering food trays. The interventions included that the staff will deliver the resident's meals to their room before passing trays out in the wing so the resident's food will be delivered hot, two staff members to assist the resident and deliver the food tray; and when the resident gets agitated, to intervene before agitation escalates; if aggressive, staff to walk calmly away, and approach later.
A review of the Progress Notes (PN) revealed a health status note dated 7/30/22 at 9:35 PM which indicated, Call received from nurse on duty that there was an incident between this resident and a nurse that resulted in a fall of this resident. The nurse and the resident were arguing over orange juice, food, and medication when the resident hit the nurse with an open hand. The nurse, in turn hit the resident with a closed fist causing the resident to lose balance and fall. Resident was able to move all extremities. Resident denied pain and discomfort. Noted no obvious injury.
The facility's investigation report titled, Allegation of Physical Abuse for Resident #2 dated 7/30/22, revealed that LPN#2 was a witness to the incident and heard a loud argument over an orange juice (OJ) and LPN#2 attempted to intervene by providing the OJ to the resident. The investigation report showed that LPN#1 (the perpetrator) and the resident were in each other's personal space (less than an arm's reach) and LPN#2 attempted to place herself in between the resident and LPN#1 to create a physical separation and de-escalate the situation, at the same time Certified Nursing Aide#1 (CNA#1) who was also a witness to the incident overheard the loud argument also went to the hallway where the incident was happening and attempted to help by separating the resident and LPN#1. When the ongoing verbal argument and the proximity of the resident and LPN#1 escalated to a physical altercation when the resident was able to hit LPN#1 in his chest and in response, LPN#1 hit the resident in their face with a closed fist. The hit caused the resident to fall backward, the resident landed on floor hitting his/her head even though CNA#1 was behind the resident on the floor.
The facility interviews that were conducted post-incident revealed that LPN#2 and CNA#1 confirmed the above investigational report affirming their statements dated 7/30/22.
A written statement dated 7/30/22 from the perpetrator/LPN #1 revealed the following:
.Resident #2 asked me for OJ, we were both in the hallway. I told the resident to grab the juice on the cart. The resident was unable to hear me, I said to go in the cart and grab it. The resident starts yelling, as resident started yelling my co-workers came and grab the resident as the resident is starting to approach me, yelling at me, as my coworkers trying to help the resident back to their room he/she hit me in the chest, and I hit him/her back. When the resident starts going to their room, Resident #2 tried to spit on me, and the resident said he/she is going to kill me.
The incident narrative of the investigation report dated 7/30/22 showed that the witnessing LPN #2 called the Assistant Director of Nursing (ADON) to report the staff-to-resident physical abuse at about 9:43 PM. The ADON instructed LPN#2 to assess the resident while the ADON was en route to the facility. The ADON reported the incident to the LNHA. When the ADON reported to the facility around 10:26 PM, the ADON re-assessed the resident and initiated an immediate investigation. In addition, before the ADON reported to the facility, the resident and perpetrator/LPN#1 were already separated, then the local police department were notified and arrived to the facility to conduct an investigation, and the responsible party and physician of the resident were notified of the incident. The resident declined medical treatment and transfer to the emergency room at that time, the resident was monitored for any negative outcomes.
A review of the local Police Department Incident Report dated 7/30/22 at 10:38 PM revealed: On the above date and time, police officer responded to the facility on the report of an assault. Upon, arrival, .the [ADON] explained a nurse and patient of the facility were involved in an altercation which led to the nurse striking the elderly patient .[LPN #1] stated he was trying to help the resident when he was pushed in the chest by [Resident #2]. [LPN #1] explained, in defense he then struck [Resident#2] in the head with a closed fist. [Resident #2] explained that [LPN #1] was refusing to help [him/her] with [his/her] basic needs. [Resident #2] stated [he/she] asked [LPN #1] for food but was provided food [he/she] can not eat and was told to get something [him/her-self]. [Resident #2] stated that [LPN #1] also gave [him/her] [his/her] medicine late and would not help [him/her] take them. [Resident #2] further stated when [he/she] requested different pills from [LPN #1] he refused to give them to the resident. [Resident #2] stated [he/she] then stood up out of bed and pushed [LPN#1] out of the way. [Resident #2] stated at this time, [LPN #1] struck [him/her] on the left side of the face, with a closed fist. It should be noted, I did not observe any bruising, redness, swelling etc. on [Resident #2's] face and [he/she] only complained of pain. [Resident #2] stated [he/she] did not need medical attention beyond what the nurses provided at the time of the incident .
On 10/20/22 at 1:00 PM, the surveyor interviewed the Director of Nursing (DON), who used to be the ADON on the 7/30/22 incident. The DON stated that she suspended LPN#1 after the police left on 7/30/22. She further stated that the 7/30/22 incident was reported to the Department of Health, the Ombudsman office, and the New Jersey Board of Nursing. She indicated that all staff was re-educated regarding the facility's abuse policy right away. The DON provided documented evidence of the same.
On 10/24/22 at 10:25 AM, the surveyor interviewed the Director of Social Worker (DSW) who stated that the resident was alert and oriented. The DSW stated that the resident likes female staff who are soft-spoken and the resident doesn't like it when staff say no without an explanation. She further stated that the resident could get agitated if the resident feels that the staff was coming across as rude. The SW stated that these behaviors have been evident and it is in the care plan. She also stated that when you talk calmly with the resident and explained why something can not be done, the resident will understand.
On 10/24/22 at 12:20 PM, the surveyor interviewed the DSW regarding any grievances that were filed by the resident. The DSW stated that the resident had filed no grievances.
On 10/25/22 at 9:45 AM, the surveyor interviewed Resident #2 who was observed having difficulty with hearing. The resident agreed to be interviewed regarding the incident that occurred on 7/30/22. The surveyor asked the resident if he/she recalled the physical abuse on 7/30/22. The resident stated that he/she was still experiencing headaches after the incident. The resident told the surveyor that he/she had no negative interaction with the nurse before the incident. The resident stated that they interacted with the nurse earlier in the day with no issue but somehow the nurse snapped.
On that same date and time, the resident stated that he/she was asking the nurse for orange juice and a snack. The food that was offered was a food that he/she was not allowed to consume. The resident further stated that he/she did not hit the nurse and that the resident put their hand on the nurse's shoulder. The nurse then punched him/her in the face. The resident further stated that he/she had no issues with the facility. In addition, the resident stated that the facility immediately fired the nurse, made sure that he/she was safe, and they assessed the resident for any injuries.
The surveyor reviewed the facility provided documents of full staff education on abuse, the immediate notification of all parties and governing agencies and the New Jersey Board of Nursing letter dated 8/1/22 to confirm the immediacy had been lifted.
The surveyor reviewed the personnel file for the perpetrator/LPN #1. LPN #1 was hired on 11/15/21 and had a clear background check upon hire, license verification, and reference checks done that were also clear. The LPN #1 had been educated for abuse prevention on 11/18/21 prior to the 7/30/22 incident.
On 10/26/22 at 3:52 PM, the survey team met with the facility which included the Licensed Nursing Home Administrator (LNHA), Regional Registered Nurse (RRN), DON, and Regional LNHA#1. The LNHA acknowledged the staff-to-resident physical abuse occurred and that it was witnessed by CNA #1 and LPN #2. The surveyor team notified the facility that the failure to ensure Resident #2 was free from staff-to-resident physical abuse. LPN#1's failure to prevent physical abuse by punching Resident #2 with a closed fist causing the resident to fall posed a likelihood of serious harm, impairment or death to that resident on 7/30/22, resulting in an immediate jeopardy (IJ) situation that began on 7/30/22. The LNHA and facility administrative team were made aware that a review of the facility documentation regarding this incident indicated that the immediacy was lifted on the same day 7/30/22.
A review of the facility's policy for Abuse, Neglect and Exploitation that was 9/21 and was provided by the RRN indicated the following: by developing and implementing written policies and procedures that prohibit and prevent abuse, neglect, exploitation .It is the policy of this facility to provide protections for the health, welfare and rights of each resident by developing and implementing written policies and procedures that prohibit and prevent abuse, neglect, exploitation and misappropriation of resident property.
Abuse means the willful infliction of injury, unreasonable confinement, intimidation, punishment with resulting physical harm, pain, or mental anguish. Abuse also includes the deprivation by an individual, including a caretaker, of goods or services that are necessary to attain or maintain physical, mental, and psychosocial well-being. Instances of abuse of all residents, irrespective of any mental or physical condition, cause physical harm, pain, or mental anguish. It includes verbal abuse, sexual abuse, physical abuse, and mental abuse including abuse facilitated or enabled using technology.
Physical Abuse includes, but is not limited to hitting, slapping, punching, biting, and kicking. It also includes controlling behavior through corporal punishment.
Under Training topics will include:
5. Understanding behavioral symptoms of residents that may increase the risk of abuse and neglect such as:
a. Aggressive and/or catastrophic reactions of residents.
b. Wandering or elopement-type behaviors.
c. Resistance to care.
d. Outbursts or yelling out; and
e. Difficulty in adjusting to new routines or staff.
N.J.A.C. 4.1 (a) (3) (5) (12) (15)
CRITICAL
(K)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Immediate Jeopardy (IJ) - the most serious Medicare violation
Accident Prevention
(Tag F0689)
Someone could have died · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** PART A
Based on observation, interview, record review and review of other pertinent facility documentation, it was determined t...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** PART A
Based on observation, interview, record review and review of other pertinent facility documentation, it was determined that the facility failed to ensure that Resident #47 who was at risk for falls and with a diagnosis of Dementia was supervised, assessed, evaluated, and monitored to determine the cause of each fall and to prevent future falls, including a fall that resulted in serious injury. This deficient practice was identified for 1 of the 3 residents reviewed for falls.
Resident #47 sustained 11 falls from 5/26/22 through 10/10/22 over a six month period of time. Seven (7) of the 11 of the falls were unwitnessed falls with most of the falls reoccurring in common areas (hallways and dining room).
A review of the Investigation reports for the 11 falls revealed that they were incomplete and did not conclude possible causes/root cause of the falls. Further the investigations did not evaluate what interventions were in place at the time of the falls, nor did it address interventions or appropriate interventions to be put in place as a result of each fall, and the resident's care plan was not appropriate or specific to the resident's individualized needs to prevent falls.
After multiple falls, the resident had another fall and suffered nasal fracture, rib fracture, intracranial hemorrhage with subdural hematoma, head trauma and was hospitalized for approximately two weeks. After having the fall with serious injury and returning from the hospital, the facility still did not update the resident's care plan to prevent future falls.
Interviews with staff (CNA's, Nurses, Therapy) revealed inconsistent theories on what they believed close observation meant to prevent falls for Resident #47. They confirmed it was unclear and was not measurable or resident-specific. The CNA, Unit Manager, and DON were aware of the resident's cognitive impairment and reported that supervision of residents was very challenging because they were so short staffed.
There was no Interdisciplinary Team (IDT) meeting or quarterly review note to review the resident's falls and evaluate interventions. The physician progress notes or Physician orders did not address the frequency of the falls or a plan to address the falls. There was no neurology/other physician consults or other medical work up to rule out if the falls were occurring due to a medical change in condition.
The facility's failure to reassess after each fall, thoroughly investigate each fall to determine possible root causes, evaluate interventions and update the care plan with new, resident-centered/specific inventions after each fall in an effort to mitigate future falls, or rule out a medical change in condition, and the failure of staff to verbalize or provide evidence of what they are actively doing to prevent falls for Resident #47, when this resident already had a fall with serious injury. This places this resident and all other residents at risk for the likelihood of serious harm, impairment or death as a result of recurring falls if this practice was not immediately corrected.
The Immediate Jeopardy (IJ) situation began on 5/26/22. The facility was notified of the IJ on 10/21/22 at 3:21 PM. An Acceptable Removal Plan was received on 10/24/22 at 3:53 PM. The immediacy continued through 10/26/22. The survey team verified the implementation of the Removal Plan on 10/27/22.
The evidence was as follows:
On 10/13/22 at 10:39 AM, the surveyor observed Resident #47 seated in a wheelchair, awake and alert. The resident was able to maintain eye contact and smiled at the surveyor; however, he/she did not respond to the surveyor's inquiry.
The surveyor reviewed Resident #47's medical records.
The admission Record (an admission summary) reflected that Resident #47 was admitted to the facility with diagnoses that included Unspecified dementia with behavioral disturbance, generalized anxiety disorder, and major depressive disorder.
The Annual Minimum Data Set (AMDS), an assessment tool with an assessment reference date (ARD) of 8/11/22 and Quarterly MDS (QMDS) with an ARD of 5/11/22, revealed that the resident had a Brief Interview for Mental Status (BIMS) score of 0 out of 15, which reflected a severely impaired cognition. Both MDS assessments revealed that the resident required staff supervision for transfer, walk-in room and corridor, locomotion on the unit, and limited assistance of one-person physical assist for locomotion off the unit.
The Fall Risk Evaluation (an assessment tool) reflected that anytime there was a total score of 10 or greater, the resident should be considered at HIGH RISK for potential falls. It also indicated that a prevention practice should be initiated immediately and recorded on the resident's care plan.
A review of Resident #47's medical records reflected that the resident sustained 11 falls from 5/26/22 through 10/10/22, specifically on the following dates: 5/26/22, 6/2/22, 6/7/22, 6/26/22, 7/12/22, 7/17/22, 8/17/22, 8/23/22, 8/29/22, 10/3/22, and 10/10/22.
The following were the reported and documented fall incidents:
1.) The 5/26/22 at 11:07 AM fall incident revealed unwitnessed fall without injuries. Documentation reflected that a nurse that passed by observed the resident lying with the back of his/her head at the base of the scale.
The printed form Change in Condition Evaluation (an evaluation tool for a resident change in condition) dated 5/26/22 included that the resident wanders alone.
The Fall Risk Evaluation dated after the fall on 5/27/22 revealed a score of 10 which classified the resident at high risk for falls.
2.) The 6/2/22 at 11:07 AM fall incident reflected that another resident witnessed that #47 ambulated and tripped over a buffing machine's electrical cord which was laying across the floor while Housekeeping (HK) was conducting a room cleaning. The resident sustained injuries related to the fall: an abrasion to the back right hand, a bruise to the back left hand, a laceration to the face, and a pain level of 5 as shown in the Pain Assessment Advanced Dementia (PAINAD) tool.
The Advanced Practice Nurse (APN) Physician Progress Note dated 6/02/22 at 9:29 PM, authored by the Advanced Practical Nurse (APN) included Accidental fall in her assessment and included a plan to implement fall prevention and neuro monitoring.
The fall incident report indicated that the witness was a resident, but it did not specify that this resident was a reliable source. In addition, the incident report did not include documented statements from the witness and HK staff.
The Fall Risk Evaluation dated 6/02/22 revealed a score of 11 which classified the resident at high risk for falls.
3.)The 6/7/22 at 9:26 PM fall incident revealed that the resident had an unwitnessed fall and was found on the floor in the short hallway without injuries. The fall report did not specify who found the resident on the floor nor include documented evidence of witness statements that surrounded the occurrence of the fall.
In addition, the incident report included Notes dated 6/16/22 which indicated that the staff continues to observe and redirect the resident. It did not reflect specific interventions on what to observe or when and how to redirect the resident.
The Fall Risk Evaluation dated 6/07/22 revealed a score of 17 which classified the resident at high risk for falls.
4.) The 6/26/22 at 10:45 AM fall incident reflected that the resident had an unwitnessed fall in which it was indicated that the resident hit their head, was bleeding, and had a 5 numerical level of pain at the time of the incident.
The electronic Health Status Note (HSN) dated 6/26/2022 at 11:39 PM, indicated that the resident was sent to the hospital and returned to the facility the same day with no recommendations received.
The Change in Condition Evaluation dated 6/26/22 under the Evaluations tab in the resident's electronic medical record (EMR) reflected an In Progress status, which was initiated but incomplete.
It was included in the Employee Statement report authored by the Nursing Supervisor that a CNA found the resident lying on the floor by the hallway towards the dining room door. However, there was no documented evidence of statements from this CNA.
4.) The 7/12/22 at 5:55 PM fall incident revealed that the resident had a witnessed fall in which the resident tripped and landed on his/her knees and faced forward down to the floor while ambulating in the short hallway. The resident sustained a small laceration on the nose and a scratch mark on the right knee from the fall.
The Change in Condition Evaluation dated 7/12/22 in the resident's EMR reflected an In Progress status, which was initiated but incomplete.
There was no documented evidence that a Fall Risk Evaluation related to the 7/12/22 fall incident was completed.
The Physical Therapy (PT) Discharge Summary indicated the date of service started on 6/03/22 and the discharge on [DATE]. It indicated that the resident had poor safety awareness and poor ability to navigate obstacles and busy hallways. It also included recommendations to provide the resident with close supervision for ambulation without assistive devices to reduce the risk of falls.
The care plan was not updated related to the 7/12/22 fall incident to implement interventions to ensure resident safety and reduce the risk of further falls. It also did not include or address the PT's discharge recommendations.
5.) The 7/17/22 at 02:33 PM fall incident revealed that the HK staff reported that the resident was found lying flat on the floor in the hallway. The report included that the resident cried out and was holding on to his/her right knee and hip, at the time of the incident. It also indicated that the resident sustained a bruise on the right knee from the fall.
The APN Physician Progress Note dated 7/18/22 at 04:23 PM reflected that she included Accidental fall in her assessment and included a plan to implement fall prevention and neuro monitoring.
The facility Neurological Evaluation Flow Sheet form (used to assess the neurological status of the resident) was initiated on 7/17/22 but was incomplete.
There was no documented evidence that a Fall Risk Evaluation related to the 7/17/22 fall incident was conducted.
6.) The 8/17/22 at 8:29 PM fall incident reflected that the resident had an unwitnessed fall in which Resident #47 sustained a laceration on the left eyebrow. It included that the staff were at the nursing station, heard a sound, looked up, and found the resident on the floor in the long hallway near room [ROOM NUMBER].
There was no documented evidence that a Fall Risk Evaluation related to the 8/17/22 fall incident was conducted.
The electronic HSN dated 8/17/2022 at 23:43 (11:43 PM) indicated that the resident was transferred and admitted to the hospital within the same day with a diagnosis of Intracranial Hemorrhage (brain bleed).
The hospital records dated 8/17/22 revealed a Problem List for the current admission to the hospital that included a diagnosis of Acute on Chronic Intracranial Subdural Hematoma (a serious condition where blood collects between the skull and the surface of the brain). It also included those diagnostic tests that were performed on the resident during hospitalization and showed results of posterior left third rib fracture and bilateral nasal bone fractures.
The electronic HSN dated 8/22/22 at 7:12 PM was readmitted to the facility from the hospital via ambulance via stretcher.
The readmission Fall Risk Evaluation dated 8/22/22 revealed a score of 12 which classified the resident at high risk for falls.
7.) The 8/23/22 at 5:20 PM fall incident revealed that Licensed Practical Nurse#1 (LPN#1) was called by another resident from room [ROOM NUMBER]W to see Resident#47 on the dining room floor. It did not indicate that the resident who reported the fall was a reliable source nor include a documented statement from this resident.
Furthermore, the incident report indicated that LPN#1 was accompanied by Physician#1 who assessed Resident#47 with an order to send him/her to the hospital for evaluation following a fall with head trauma. The fall report did not reflect the identification of the causal factor that influenced the resident's fall.
CNA#1's statement dated 8/23/22 reflected that she did not witness the resident's fall. She indicated that another resident notified her of Resident #47's fall in the dining room.
The 8/23/22 incident report did not identify the resident who reported the fall to CNA#1 nor indicate whether this resident was a reliable source.
There was no documented evidence of a statement from the resident who reported the fall to CNA#1.
Additionally, CNA#2's statement dated 8/23/22 reflected that she did not witness the resident's fall in the dining room. She indicated that an activity staff was also in the dining room serving dinner to the residents.
There was no documented evidence of a statement from the activity staff that was in the dining room, which was mentioned in CNA#2's statement.
CNA#1 and #2's statements did not reflect whether the resident was supervised by staff in the dining room when the fall occurred.
The Fall Risk Evaluation dated 8/23/22 revealed a score of 17 which classified the resident at high risk for falls.
The facility-provided hospital records dated 8/23/22, After Visit Summary, reflected Fall for Reason for Visit and Diagnosis of Fall, initial encounter. The hospital records indicated the list of imaging tests conducted during the resident's visit. However, there was no documented evidence of the results that were included in the hospital records.
The HSN dated 8/24/22 at 6:06 AM, reflected that the resident returned to the facility from the hospital at around 12:40 AM.
The APN Physician Progress Note dated 8/24/22 at 13:06 (01:06 PM), reflected that the resident was readmitted to the facility from the hospital where he/she was diagnosed with Acute on Chronic Subdural Hematoma and Nasal Fracture.
In the same notes, the APN included in the Plan for neurological monitoring and closed monitoring. However, there was no documented evidence of accountability in the resident's medical records that the neuro monitoring was conducted. Close monitoring was not defined.
8.) The 8/29/22 at 12:40 PM fall incident revealed that the resident had a witnessed fall in which the resident was sitting in a chair at the nursing station and attempted to rise from the chair which caused Resident #47 to fall on the floor. It was indicated that the resident had a pain level of 5 at the time of the incident. It also reflected that the resident's mobility assessment was ambulatory without assistance.
In the incident report, LPN#2's statement dated 8/29/22 reflected that she was in the short hall where she witnessed the resident fall to the floor. She indicated that the resident had poor balance and attempted to ambulate which caused him/her to land on the buttocks and then hit his/her head possibly on the floor.
The Fall Risk Evaluation dated 8/29/22 revealed a score of 16 which classified the resident at high risk for falls.
The APN Physician Progress Note dated 8/29/22 at 01:32 PM, indicated that the APN was notified of the resident's fall. She included that the resident had no apparent injury on examination other than minor bruising on the forehead. She included in the Plan that for neuro monitoring should be conducted. However, there was no documented evidence of accountability in the resident's hybrid medical records that the neuro monitoring was completed.
9.) The 10/3/22 at 5:28 PM fall incident indicated that the resident had an unwitnessed fall in which the resident was heard screaming, crying, and laying on the dining room floor.
The incident report included Notes dated 10/07/22 which indicated that the resident had a history of falls, no safety awareness, and being very spontaneous. It also included that the staff distantly observes the resident and anticipates his/her needs.
A written statement from the Licensed Practical Nurse/Unit Manager#1 (LPN/UM#1) dated 10/03/22, reflected that she was called to the dining room where she observed the resident sitting on the floor in front of the wheelchair, crying, grimacing, and holding his/her head.
The printed form Change in Condition Evaluation dated 10/03/22 under interventions specified Frequent monitoring. It was also indicated that the primary care clinician was notified on 10/03/22 at 17:16 (2:16 PM) with recommendations for Neuro checks and Monitoring.
The PT Discharge Summary indicated the date of service started on 8/23/22 and the discharge on [DATE]. It included that the resident was discharged on a Supervision or touching assistance level for sit-to-stand transfer and gait with rehab recommendations for use of a wheelchair for mobility due to impaired safety and HHA/CGA (handheld assist/contact guard assistance) for all ambulation with staff as tolerated.
There was no documented evidence that the PT discharge recommendations mentioned above were updated in the resident's care plan interventions during the surveyor's record reviews.
The fall care plan was inappropriately updated on 10/5/22 related to the 10/3/22 fall, which included non-resident-centered interventions. Furthermore, there was no documented evidence that the intervention indicated in the 10/3/22 incident report which included that the staff distantly observed the resident, was recorded in the fall care plan interventions.
The Fall Risk assessment dated [DATE] revealed a score of 16 which classified the resident at high risk for falls.
10.) The 10/10/22 at 02:19 PM fall incident revealed that the resident had a witnessed fall in which he/she was in the day room, stood up from the wheelchair, and took a few steps before falling and hitting his/her head on the foot of the table and the resident had a pain level of 5 at the time of the incident.
The printed form Change in Condition Evaluation dated 10/10/22 indicated that the primary care clinician was notified on 10/10/22 at 14:00 with recommendations to continue to monitor and initiate neuro checks (an assessment that detects brain, spinal cord, and nerve injuries or disorders).
Furthermore, the fall care plan intervention that was created on 10/10/22 included Staff to provide close observation. It did not identify what close observation meant for Resident #47, when or how often it close observation occurs, nor did it specify if it meant the proximity between the observing staff and the resident to be considered close observation.
The Fall Risk assessment dated [DATE] revealed a score of 14 which classified the resident at high risk for falls.
The above fall investigations showed the following:
On 5/26/22, 6/26/22, 7/12/22, 7/17/22, and 8/17/22 fall incidents, there was no documentation of a root cause analysis written in the summary and conclusion of the fall investigation reports to evaluate what interventions were in place at the time of the fall and whether they were effective or not. There was no determination as to whether the falls were avoidable or unavoidable.
There was no documentation in the resident's medical record that the neurological check orders were implemented or immediate actions were taken on 5/26/22, 6/02/22, 7/17/22, 8/23/22, 8/29/22, 10/03/22, and 10/10/22 in accordance with the fall incidents that were initiated.
There was no documented evidence in the resident's hybrid medical records that the resident was seen and evaluated by a clinician following the falls that occurred on 5/26/22, 6/7/22, 6/26/22, and 10/03/22.
There was no documented evidence that the Interdisciplinary team met to discuss the resident's falls that occurred on 5/26/22, 6/02/22, 6/07/22, 6/26/22, 7/12/22, 7/17/22, 8/17/22, 8/23/22, 8/29/22, and 10/10/22. In addition, there was no evidence that these fall occurrences, including those with major injury, were updated on the resident's care plan related to the incident and interventions to prevent further falls.
There was no documentation that the resident was screened by the Rehabilitation Department following the 5/26/22, 7/17/22, and 10/10/22 fall incidents to determine if the resident could benefit from rehabilitation services or screen for the use of other durable medical equipment.
There was no documentation that the staff received education, training or in services on the residents' safety and prevention of further falls following the 11 fall incidents.
On 10/18/22 at 11:35 AM, the surveyor asked the DON to provide all the supporting documentation related to the resident's fall incidents from 5/26/22 through 10/10/22. The DON acknowledged to the surveyor that she provided the surveyor with all the documentation related to the resident's fall investigations except the hospital records. The DON stated that the neurological checks were completed on a paper form titled Neurological Evaluation Flow Sheet, which was attached to the fall reports that were given to the surveyor.
On the same day at 12:07 PM, the RDON and DON met with the survey team. The RDON informed the surveyors that the staff and resident statements for fall investigations were paper documentation. He also stated that the statements were part of the fall investigation and should be attached to the fall incident report. Furthermore, he stated that after obtaining statements, the UM, DON, and LNHA would do a full investigation which included a fall summary and conclusion.
During the interview, the RDON stated that the interim fall investigation report should be electronically entered immediately and completely by the nurse within the shift. He stated that the printed interim fall report should go to the UM to be reviewed for completion, then the DON and LNHA would be made aware of the investigation. The RDON acknowledged that the fall incident investigations and reports were not being completed. The DON also agreed and stated that the completion of the investigation process was not being done.
On 10/18/22 at 01:33 PM, the surveyor had a follow-up interview with the DON in the presence of the survey team. The DON stated that the fall care plan should be updated by the UM within 24-72 hours of the fall occurrence, depending on when the fall occurred. She further stated that the fall care plan should have included appropriate interventions related to each fall.
On that same date and time, the DON reviewed the resident's care plan and acknowledged that Resident #47's fall care plan was not appropriately updated and stated, You probably won't find the care plan updated.
At that same time, during the interview with the DON, the DON informed the surveyors that the LPN/UM#1 did not update the fall care plan because she was not aware that she was supposed to update the resident's care plan to include appropriate interventions for each fall occurrence.
On 10/19/22 at 11:32 AM, two surveyors interviewed LPN/UM#1. LPN/UM#1 informed the surveyors that she was responsible for care plan initiation and revision. She stated that with each fall, there should be new intervention. She acknowledged that the resident had multiple falls and his/her fall care plan was not updated for each fall. She stated that the resident's fall care plan interventions should have been adjusted accordingly on each fall to prevent the resident from future falls. The LPN/UM#1 stated that the resident had no safety awareness and needed continuous 1 on 1 observation only when they can due to short staffing. She also acknowledged that the resident's fall investigation reports were incomplete.
On 10/20/22 at 10:41 AM, the surveyor interviewed the Director of Rehabilitation (Rehab) (DOR). The DOR informed the surveyor that the Rehab Department conducted Rehab screenings for residents every quarter, annually, for each new admission and readmission, and with a change in status. She stated that Rehab screenings were also initiated by staff or family referrals as needed, which included residents who had fallen to determine any decline in mobility, cognition, and communication that warrant rehab evaluation, treatment, and services. She informed the surveyor that the resident was referred for Rehab due to her multiple falls.
On that same date and time, the surveyor asked the DOR if the resident was screened and evaluated after each fall incident. The DOR stated that she was not sure and would verify after reviewing the rehab notes. She also stated that she would provide the surveyor with a copy of the resident's rehab notes. In addition, she stated that the communication with the nursing department would be documented in the rehab daily notes.
On 10/20/22 at 12:09 PM, the DOR met with the survey team. She stated that the nursing department would send a referral to the rehab department for each fall occurrence. The DOR further stated that the resident had a decline since his/her readmission from a hospitalization after a fall incident. She stated that the resident was discharged from PT on 10/3/22 with recommendations for use of a wheelchair for mobility and Handheld Assist (HHA) or Contact Guard Assist (CGA) for all ambulation with staff as tolerated due to his/her impaired safety awareness.
During the interview, the surveyor also reviewed the PT Discharge summary dated [DATE] in the presence of the DOR. It was documented by Rehab staff a recommendation that the resident required close supervision for ambulation without an assistive device to reduce the risk of falls.
Furthermore, the DOR stated that she expected that the rehab recommendations be included in the resident's care plan. The surveyor asked the DOR for documented evidence of accountability that the rehab recommendations were relayed to the nursing department. The DOR stated that the rehab recommendations were discussed in the weekly Utilization Review (UR) meeting with the nursing department. The surveyor asked the DOR to provide a copy of the accountability of the rehab discharge recommendations dated 7/15/22 and 10/3/22 in the UR meeting. The DOR did not provide further information at this time.
On 10/21/22 at 10:30 AM, LPN/UM#1 acknowledged that Resident #47 had frequent falls. She also stated that the resident could ambulate when the resident wants to and that the resident required staff supervision to prevent further falls because of poor balance and safety awareness. She further explained that the staff should be close enough to the resident to intervene as needed.
On the same day at 10:35 AM, the surveyor interviewed CNA#3. She acknowledged that the resident had frequent falls. She stated that the resident always needed to be closely supervised by staff due to the resident's confusion and safety unawareness to prevent him/her from future falls.
At that same time, CNA#3 further stated that due to staffing issues, they could not closely supervise the resident. She informed the surveyor that they were short staff and they needed more staffing to monitor the resident due to her impaired cognition and agitated behavior, and to provide for the resident's needs. The surveyor asked the CNA what close supervision meant. She stated that she sat by the resident so she can prevent her from falling.
The surveyor reviewed the staffing assignment sheets associated with the dates and shifts of each fall for the unit. The assignment sheets revealed insufficient staff during the times of the falls in accordance with New Jersey State minimum staffing requirement. Review of the staffing patterns for the days and shifts that Resident #47 falls occurred were as follows:
5/26/22: Census: 44, 4 CNAs, 2 Nurses
6/2/22: Census: 45, 3 CNAs, 2 Nurses
6/7/22: Census: 45, 3 CNAs, 2 Nurses
6/26/22: Census: 53, 4 CNAs, 2 Nurses
7/12/22: Census: 54, 5 CNAs, 2 Nurses
7/17/22: Census: 54, 4 CNAs, 2 Nurses
8/17/22: Census: 57, 4 CNAs, 2 Nurses
8/23/22: Census: 55, 4 CNAs, 2 Nurses
8/29/22: Census: 55, 3 CNAs, 2 Nurses
10/3/22: Census: 51, 3 CNAs, 2 Nurses
10/10/22: Census: 51, 3 CNAs, 2 Nurses
On 10/21/22 03:14 PM, the survey team met with the LNHA, DON, and RDON. The surveyor informed the facility's management that the facility's failure to ensure that Resident #47 who is at risk for falls and with diagnosis of dementia prevent the serious injury by failing to ensure that the resident was supervised, assessed, evaluated, and monitored to determine the cause of falls and to prevent future falls placing all residents at risk for serious injury, harm or death. From 5/26/22 through 10/10/22, for a period of six months, the facility failed to ensure Resident #47's safety who is at risk for falls and cognitively impaired by preventing falls, and including falls with major injuries (resident had lacerations, subdural hematoma with intracranial hemorrhage, fractures in the nose, and rib, and head trauma). This resulted in an IJ situations. The surveyor notified the facility management that the facility had to provide an acceptable removal plan, and an IJ template was provided to the facility.
On 10/21/22 at 3:22 PM, the surveyor interviewed the Regional RN (RRN) in the presence of the survey team. The surveyor asked the RRN to define close supervision and close observation. The RRN responded that they both meant the same. She further explained that when the resident was in the staff's line of sight they would be able to see the resident and attend to his/her as needed. The surveyor asked the RRN to interpret the line of sight and what was the expected distance between the resident and the staff providing observation. The RRN could not provide further information.
On 10/24/22 at 11:01 AM, the surveyor interviewed the resident's primary attending Physician#2. Physician#2 acknowledged that Resident # 47 was his resident. He stated that the resident had a decline and was frail due to Dementia. He informed the surveyor that he or his NP were notified and made aware of the resident's falls. However, he stated that he did not see and evaluate the resident after every fall.
At that same time, the surveyor asked Physician#2 if he had meetings with the IDCP team that discussed the resident's falls. Physician#2 stated that he did not have a formal actual meeting with the IDCP team and stated, I wouldn't go to the meeting and that he went directly to the UM. The surveyor asked the physician about what he had done when he kept getting notified of the resident's falls. He stated that he included recommendations for CNA observation of the resident. He further stated, they can use the alarm if necessary to prevent the resident from future falls. He further stated, As far as I know, the facility told me we cannot use an alarm for the resident because it's against the resident's rights.
On 10/24/22 at 11:54 AM, the survey team met with the RRN, DON, and LNHA. The RRN informed the survey team that 1:1 will never prevent falls. She further stated that the facility did not use a personal alarm to prevent residents from falling. She also stated that they did not try to use an alarm for Resident#47. Additionally, she stated that alarms will not deter the resident from falling.
The RRN acknowledged that the resi[TRUNCATED]
CRITICAL
(L)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Immediate Jeopardy (IJ) - the most serious Medicare violation
Administration
(Tag F0835)
Someone could have died · This affected most or all residents
⚠️ Facility-wide issue
Complaint NJ00157677
Refer F689, and F836
Based on observations, interviews, review of medical records, and review of facility documents, it was determined that the facility's Licensed Nursing Home Ad...
Read full inspector narrative →
Complaint NJ00157677
Refer F689, and F836
Based on observations, interviews, review of medical records, and review of facility documents, it was determined that the facility's Licensed Nursing Home Administrator (LNHA) failed to ensure that the policies and procedures were implemented to ensure resident safety and well-being to prevent serious harm, by failing to: a.) identify sufficient staffing numbers to address the population census and needs of their residents, and b.) ensure they were also meeting New Jersey state minimum staffing requirements for 32 of 42 total shifts over a two week period of time from 9/25/22 through 10/08/22, yet the LNHA continued to allow the admission of seven (7) new residents during this two week period prior to survey.
The LNHA's failure to identify their sufficient staffing benchmark and include it in the Facility Assessment and the failure to ensure the New Jersey state minimum staffing requirements were being met by a wide margin, all while continuing to admit new residents to the facility places all residents at risk for serious harm, impairment, or death if not corrected.
It was determined that the facility's LNHA had not ensured sufficient Certified Nursing Aide staffing for 14 of 14 day shifts in which most days, the facility was only meeting half of the required CNA's for the day shift (CNA's had between 13 to 26 residents each on their assignment when the NJ state requirement is 1 CNA to 8 Residents for the day shift). The Facility was also deficient in staffing the evening (3-11 PM) shift for 4 of 14 evening shifts, and 14 of 14 night (11 PM- 7 AM) shifts.
Staff interviews revealed short staffing had impacted resident outcomes, including Resident#47 who had 11 falls over the last six months, and seven of them were unwitnessed despite occurring in common areas. As a result of the falls, Resident#47 developed serious harm including fractures, intracranial hemorrhage with subdural hematoma, and hospitalization.
The failure of the LNHA to ensure the facility established and maintained systems that were effective and efficient to operate the facility in a manner to safely meet resident's needs in compliance with federal, state, and local requirements as outlined in the Administrator Job Description, resulted in an Immediate Jeopardy (IJ) situation that began on 5/26/22. The facility's LNHA was notified of the IJ on 10/24/22 at 4:16 PM. The acceptable removal plan was submitted and verified by the survey team on 10/25/22 at 12:55 PM.
This deficient practice was evidenced by the following:
A review of the facility's Position Title: Administrator, revealed that the Position Summary of the Administrator included but was not limited to:
a) Comply with standards of business conduct in accordance with federal, state, and local health and regulatory standards and guidelines, as applicable.
b) Must maintain the highest standards in caring and servicing the needs of the residents and residents' family members and loves ones.
c) Must adhere to all facility policies and procedures.
The Position Title: Administrator, showed that the Responsibilities/Accountabilities of the Administrator included but were not limited to:
a) Administrator is responsible for planning and is accountable for all activities and departments subject to rules and regulations promulgated by government agencies to ensure proper health care services to residents.
b) Concerns his/herself with the safety of all nursing facility residents in order to minimize the potential for fire and accidents.
c) Ensures that residents and families receive the highest quality of service in a caring and compassionate atmosphere which recognizes the individuals' needs and rights.
d) Protects residents from abuse, and cooperates with all investigations.
The survey team has identified that due to inadequate supervision and not following protocols, one resident (Resident #47) has had multiple unwitnessed falls in common areas resulting in serious harm with nasal/rib fractures, head trauma, intracranial hemorrhage (brain bleed) with subdural hematoma (bleed under the membrane that surrounds the brain), and hospitalization, due to inadequate supervision and not implementing their systems (investigating and updating care plan) to prevent recurring falls.
The LNHA's failure to assess their sufficient staffing par levels, and not following the state minimum staffing requirement while continuing to admit new residents to the facility places all residents at risk for the lack of supervision to prevent serious adverse outcomes, including falls with a major injury.
1. On 10/18/22 at 11:35 AM, the surveyor asked the Director of Nursing (DON) to provide all the supporting documentation related to Resident #47's fall incidents from 5/26/22 through 10/10/22. The DON acknowledged to the surveyor that she gave all the documentation related to the resident's fall investigations except the hospital records. She informed the surveyor that the neuro checks were completed in a paper form titled Neurological Evaluation Flow Sheet, which was attached to the fall reports that were given to the surveyor.
On the same day at 12:07 PM, the Regional DON (RDON) and DON met with the survey team. The RDON informed the surveyors that the staff and resident statements for fall investigations were paper documentation. The RDON stated that the statements were part of the fall investigation and should be attached to the fall incident report. He further stated that after obtaining statements, the UM (Unit Manager), DON, and LNHA would do a full investigation which included a fall summary and conclusion.
At that same time, the RDON stated that the interim fall investigation report should be electronically entered immediately and completely by the nurse within the shift. He stated that the printed interim fall report would go to the UM to investigate for completion, then the DON and LNHA were made aware of the investigation. The RDON acknowledged the fall incident investigations and reports were not being completed. The DON also agreed and stated the completion of the investigation process was not being done.
On 10/18/22 at 12:07 PM, the survey team met with the RDON and DON. The surveyor asked the facility team what is the facility's protocol and standard of practice concerning the investigation/incident/accident reports. The RDON informed the surveyor that as per facility policy and protocol, once the incident/accident was identified by staff, the staff will initiate to document the investigation, and nursing staff will take statements from staff. The RDON stated that for example if the incident was about bruising, the facility will require lookback statements from staff at least 72 hours, a full investigation to be done by the DON, UM, and the LNHA. He further stated that there should be a summary conclusion that will be put together in a separate paper.
On that same date and time, the surveyor asked the facility team if the above information, policy, and protocol for an investigation of an incident/accident were being followed for all residents including Resident #47. The RDON stated that he was the interim DON from April through August 2022 and it was not being done according to facility protocol because it was chaos here.
At that time, the DON stated that when she became the DON, the policy and protocol for investigating an incident/accident was not followed. Then the surveyor informed the facility team of the above concerns.
The survey team reviewed the staffing for the dates and shifts on the unit associated with each fall. The staffing assignment sheets revealed the following:
5/26/22:
Census: 44
4 CNA
2 Nurses
6/2/22:
Census: 45
3 CNA
2 Nurses
6/7/22:
Census: 45
3 CNA
2 Nurses
6/26/22:
Census: 53
4 CNA
2 Nurses
7/12/22:
Census: 54
5 CNA
2 Nurses
7/17/22:
Census: 54
4 CNA
2 Nurses
8/17/22:
Census: 57
4 CNA
2 Nurses
8/23/22:
Census: 55
4 CNA
2 Nurses
8/29/22:
Census: 55
3 CNA
2 Nurses
10/3/22:
Census: 51
3 CNA
2 Nurses
10/10/22:
Census: 51
3 CNA
2 Nurses
On 10/19/22 at 11:32 AM, two surveyors interviewed Licensed Practical Nurse/Unit Manager (LPN/UM). She informed the surveyors that she was responsible for the care plan initiation and revision. She stated that every fall, there should be new intervention. She acknowledged that the resident had multiple falls and his/her fall care plan was not updated on every fall. She stated that the resident's fall care plan interventions should have been adjusted accordingly on each fall to prevent the resident from future falls, but that it wasn't updated. LPN/UM stated that the resident had no safety awareness and needed continuous 1 on 1 observation only when they can due to short staffing. She also acknowledged that the resident's fall investigation reports were incomplete.
On 10/24/22 at 11:54 AM, the survey team met with the Regional Registered Nurse (RRN), DON, and LNHA, and were made aware of the above concerns that the facility LNHA was aware of the above investigations of Resident #47's fall incidents with major injuries that the investigation process was not being done, and the care plan was not updated to reflect the interventions that will prevent the further falls and injuries.
2. Upon a review of the Facility Assessment (FA), it was determined that the facility did not assess its benchmark (a standard or point of reference against which things may be compared or assessed) of sufficient staff numbers necessary to serve its resident population based on an average census and specific needs. The Facility Assessment was generic regarding staffing and had only specified that they would provide sufficient staff but there were neither numeric values for staffing nor did it address what sufficient staffing meant.
Despite not assessing their sufficient staff numbers within their Facility Assessment (dated October 15, 2021 to October 14, 2022) and in addition, not meeting the state minimum staffing requirements by a significant margin, the facility continued to admit new residents to their facility, particularly seven (7) new residents from 9/25/22 to 10/8/22 during this two week period of time in which staffing was evaluated. The facility continued to admit new residents through 10/21/22.
Interviews with the LNHA revealed that they could not speak to why they continued to admit new residents despite their significant staff deficit to care for the residents currently residing there. He was unable to speak to their Facility Assessment and why they had not assessed and documented their sufficient staff numbers/benchmark. The LNHA acknowledged that they were not meeting the State Minimum staffing requirement.
On 10/17/22 at 11:45 AM, the surveyor interviewed the LNHA, the DON, and the RDON in the presence of a second surveyor. The RDON stated that instead of getting better the staffing issues have been getting worse. He stated that it had been a struggle to use agencies because they get grabbed up quick. He further stated that when they did hire and orient staff, they did not return. The LNHA stated that they had hired hospitality aides and acknowledged that they were not able to provide direct resident care.
On that same date and time, the LNHA could not speak to why the facility continued to admit new residents when they were aware of their inability to provide sufficient staff. He stated that which comes first if there are no admissions, we won't have money to pay for the staff. He further stated that we try not to admit clinically complex residents. The LNHA could not speak to the facility's ability to provide appropriate care to the residents with insufficient staff.
At the same time, the RDON stated that we have borrowed staff from other places to come here. The surveyor stated that there was one CNA for 53 residents on the 11 PM -7 AM night shift for the second-floor last night. The LNHA stated that no he was not aware of that. The RDON stated that this should never have happened. The administrative team could not speak to why the facility continued to admit new residents with insufficient staff. In addition, the LNHA stated that I can't provide an adequate answer to that question.
Furthermore, the DON stated that there had not been a nursing supervisor for the 11 PM -7 AM night shift for the last nine months and none for the 3 PM-11 PM evening shift since August 2022. The LNHA and the RDON acknowledged the DON's statement. The RDON stated that I agree there should be no admissions . since the staffing was so short. The RDON added, I am going to take care of that. The DON added, I agree.
On 10/24/22 at 12:58 PM, the survey team met with the LNHA, the RRN, and the DON about the FA which was provided by the RDON on 10/14/22 at 12:48 PM. The LNHA stated that I completed the FA. The LNHA could not speak to the benchmarks he used or how it was determined that staffing was sufficient. He stated that some of the numbers used for the FA came from the MDS (Minimum Data Set, a tool used to facilitate the needs of a resident) and PBJ (payroll-based journal). He was unable to speak to how he completed the FA, or if anyone else participated.
Furthermore, the facility's administrative team including the LNHA could not speak to how the FA was determined and completed and requested the opportunity to review it and would further respond to the survey team.
A review of the New Jersey Department of Health Long Term Care Assessment and Survey Program Nurse Staffing Report for the two weeks beginning 9/25/22 and ending 10/08/22 revealed the facility was not in compliance with the State of New Jersey minimum staffing requirements of CNAs on 14 of 14-day shifts, deficient in total staff for residents on 4 of 14 evening shifts, and deficient in total staff for residents on 14 of 14 overnight shifts.
A review of the list of new admissions from 9/25/22 to 10/08/22 revealed that the LNHA allowed for seven new admissions to the facility despite knowledge of the lack of staff to care for the residents that currently resided at the facility.
On 10/24/22 at 4:16 PM , the survey team met with the LNHA, DON, RDON, and the RRN. The failure of the LNHA to assess sufficient staffing benchmark in the FA, identify and provide state minimum staffing requirement while continuing to admit new residents places all residents at risk for serious harm, impairment or death. The LNHA's knowledge according to staff interviews revealed short staffing had impacted resident outcomes, including Resident #47 who had 11 falls over the last six months, and seven of them were unwitnessed despite occurring in common areas, as a result of the falls, Resident #47 developed serious harm including fractures, intracranial hemorrhage with subdural hematoma, and hospitalization. In addition, the failure of the LNHA to ensure the facility established systems that were effective and efficient to operate the facilitate in a manner to safely meet resident's needs in compliance with federal, state, and local requirements as outlined in the Administrator Job Description, resulted in an IJ situation that was identified.
On 10/25/22 at 11:30 AM, the surveyor met with the RRN and RLNHA#1. The RRN informed the surveyor that the RLNHA#1 started yesterday (10/24/22) and will oversee the LNHA until the facility's problems will be corrected. RLNHA#1 stated that we understand the staffing concerns and we will make sure to cover and address the concern.
On 10/25/22 at 12:55 PM, the survey team met with the RRN, Regional LNHA #1. The facility management provided a copy of the facility's removal plan. The team verified the removal and lifted the IJ.
On 10/26/22 12:42 PM, after the survey team interviewed the LNHA and left the conference room, RLNHA#1 entered the room and introduced RLNHA#2 to the survey team. RLNHA#1 stated that her and RLNHA#2 will be covering for the LNHA until the facility find another administrator.
A review of the Facility Assessment policy with a revised date of 9/2022, reflected that The facility will conduct and document a facility-wide assessment to determine what resources are necessary to care for its resident competently during both day-to-day operation and emergencies. It also reflected that The facility assessment will include but not limited to the following: . The care required by the resident population considering the types of diseases, condition, physical and cognitive disabilities, overall acuity and other pertinent facts that are present within the population. In addition, the policy reflected that The facilities resources, including but not limited to: . All personnel, including manager, staff (both employees and those who provide services under contract) .
A review of the facility policy Nursing Services and Sufficient Staff with a revised date of 11/2021, reflected that the facility should provide sufficient staff with appropriate competencies and skill sets to assure resident safety and attain or maintain the highest practicable physical, mental and psychosocial well-being of each resident. The facility's census, acuity and diagnoses of the resident population will be considered based on the facility assessment. In addition, it reflected that The facility will supply services by sufficient numbers of each of the following personnel types on a 24-hour basis to provide nursing care to all residents in accordance with resident care plans. This included except when waived, licensed nurses and other personnel including but not limited to nurses aides.
NJAC 8:39-13.1(a)(b), 14.2(a), 33.1(d)
CRITICAL
(L)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Immediate Jeopardy (IJ) - the most serious Medicare violation
Deficiency F0836
(Tag F0836)
Someone could have died · This affected most or all residents
⚠️ Facility-wide issue
Complaint #NJ00157677
Reference F677 and F689
Based on observation, interview, and review of pertinent facility documents, it was determined that the facility failed to: a.) ensure the facility was me...
Read full inspector narrative →
Complaint #NJ00157677
Reference F677 and F689
Based on observation, interview, and review of pertinent facility documents, it was determined that the facility failed to: a.) ensure the facility was meeting New Jersey state minimum staffing requirements, and b.) identify their own sufficient staffing numbers necessary to meet their census population and resident needs.
The survey team reviewed the staffing levels for the two weeks prior to the survey (9/25/22 to 10/8/22). It was determined that the facility was significantly deficient in Certified Nursing Aide (CNA) staffing for 14 of 14 day shifts in which most days, the facility was only meeting half of the required CNA's for the day shift (CNA's had between 13 to 26 residents each on their assignment when the NJ state requirement is 1 CNA to 8 Residents for the day shift). The Facility was also deficient in staffing the evening (3-11 PM) shift for 4 of 14 evening shifts, and 14 of 14 night (11 PM- 7 AM) shifts.
Upon a review of the Facility Assessment (FA), it was determined that the facility did not identify or assess their benchmark of sufficient staff numbers necessary to serve their resident population based on an average census and specific population needs. The FA was generic regarding staffing and had only specified that they would provide sufficient staff but there were no numeric values.
Despite not assessing their own sufficient staff numbers within their FA and in addition was not meeting the state minimum staffing requirements by a significant margin, the facility continued to admit new residents to their facility, particularly seven (7) new residents from 9/25/22 to 10/8/22 during this two week period of time in which staffing was evaluated. The facility continued to admit new residents through 10/21/22.
All residents for 2 of 2 units were at risk for serious injury, harm, impairment, or death, which included multiple falls (Resident #47) and elopement (Resident #88).
This placed all residents on 2 of 2 resident care units at risk for serious harm, impairment or death from a failure to identify sufficient staffing and failure to meet New Jersey State minimum staffing requirements by almost half on most days.
This resulted in an Immediate Jeopardy (I) which began on 5/26/22. The facility's Director of Nursing (DON), Regional DON (RDON), Regional Registered Nurse (RRN) and Licensed Nursing Home Administrator (LNHA) were notified of the IJ on 10/24/22 at 4:06 PM. An acceptable Removal Plan was received on 10/25/22 at 12:55 PM. The IJ was verified by the survey team on 10/25/22 through observation, interview, record review and review of other pertinent facility documents.
The evidence was as follows:
Reference: NJ State requirement, CHAPTER 112. An Act concerning staffing requirements for nursing homes and supplementing Title 30 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey: C.30:13-18 Minimum staffing requirements for nursing homes effective 2/1/21.
1. a. Notwithstanding any other staffing requirements as may be established by law, every nursing home as defined in section 2 of P.L.1976, c.120 (C.30:13-2) or licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall maintain the following minimum direct care staff -to-resident ratios:
(1) one certified nurse aide to every eight residents for the day shift;
(2) one direct care staff member to every 10 residents for the evening shift, provided that no fewer than half of all staff members shall be certified nurse aides, and each staff member shall be signed in to work as a certified nurse aide and shall perform certified nurse aide duties; and
(3) one direct care staff member to every 14 residents for the night shift, provided that each direct care staff member shall sign in to work as a certified nurse aide and perform certified nurse aide duties
b. Upon any expansion of resident census by the nursing home, the nursing home shall be exempt from any increase in direct care staffing ratios for a period of nine consecutive shifts from the date of the expansion of the resident census.
c. (1) The computation of minimum direct care staffing ratios shall be carried to the hundredth place.
(2) If the application of the ratios listed in subsection a. of this section results in other than a whole number of direct care staff, including certified nurse aides, for a shift, the number of required direct care staff members shall be rounded to the next higher whole number when the resulting ratio, carried to the hundredth place, is fifty-one hundredths or higher.
(3) All computations shall be based on the midnight census for the day in which the shift begins.
d. Nothing in this section shall be construed to affect any minimum staffing requirements for nursing homes as may be required by the Commissioner of Health for staff other than direct care staff, including certified nurse aides, or to restrict the ability of a nursing home to increase staffing levels, at any time, beyond the established minimum .
1. On 10/13/22 at 10:04 AM, the surveyor conducted an entrance conference with the DON, LNHA, and the Regional Quality Assurance Registered Nurse. The DON reported that the facility census was currently 107 residents, and they were currently holding one additional bed.
The surveyor reviewed the list of new admissions to the facility in the last 30 days provided upon entrance to the facility. The list was provided on a matrix list of current residents which indicated that there were a total of seven new residents admitted from 9/27/22 through 10/11/22.
At 11:21 AM, the surveyor interviewed the day shift (7 AM-3 PM) Licensed Practical Nurse/Unit Manager#1 (LPN/UM #1) for the second floor. The LPN/UM #1 stated that the unit census (number of residents in a unit) was 54 residents and three CNAs were working; therefore, the CNA-to-Resident ratio calculated to be 1 CNA for 18 residents that shift. The surveyor confirmed this by counting the number of CNA's present on the unit.
On 10/13/22 at 11:52 AM, the surveyor observed the Nursing Home Resident Care Staffing Report (NHRCSR) posted in the reception area/lobby area of the facility dated 10/7/22-Night Shift with Current Resident Census: 108, 1 CNA: 32 Residents. The receptionist provided a copy of the 10/7/22-Night Shift NHRCSR that was posted. The staffing report was not posted for the day of 10/13/22 which was six days late.
On 10/14/22 at 11:25 AM, the surveyor observed the NHRCSR posted in the reception area/lobby area of the facility dated 10/14/22-Day Shift which indicated a ratio of 1 CNA to 20.3 Residents. (This did not meet the New Jersey state minimum staffing requirement for the day shift of 1 CNA to 8 Residents).
On 10/17/22 at 6:11 AM, the surveyor made an observation on the night shift for the first floor. The surveyor observed that there was only one CNA assigned on the unit. The surveyor interviewed LPN #1 who was working the night (11 PM-7 AM) shift on the first floor. LPN#1 stated that the unit census was 52 residents and there was 1 CNA assigned to the residents this shift. LPN #1 acknowledged there was a staffing shortage and stated that We do what we can do. We pitch in.
On 10/17/22 at 6:16 AM, the surveyor interviewed CNA #1. She acknowledged that she was the only CNA assigned to the first-floor unit for the current night shift. CNA#1 stated that nurses try to help her out to provide care and assistance to the residents. CNA #1 acknowledged there was a staffing shortage. She further stated that new staff start but leave since it's always short in 11-7 [night shift], that's why they don't stay. In addition, she stated that facility management was aware of the staffing shortage and stated that it had been like this for two years since the start of the pandemic.
On 10/17/22 at 6:40 AM, LPN #2 stated to the surveyor that he was one of the two nurses that worked for the 11 PM to 7 AM night shift. He stated that he was aware of the facility's staffing shortage.
On 10/17/22 at 7:03 AM, the surveyor interviewed the Registered Nurse (RN) who had worked the 11 PM to 7 AM night shift on the second floor. The RN stated that the census was 53 residents and that there was only one CNA assigned to the unit.
On 10/17/22 at 7:37 AM, the surveyor interviewed CNA #2. She stated that she was assigned to work the 7 AM-3 PM day shift but started before 7:00 AM and provided incontinence care to a resident at 6:45 AM.
On 10/17/22 at 7:53 AM, the surveyor interviewed the RN who stated that the facility was short-staffed. In addition, she stated that there was no nursing supervisor and that he/she left nine months ago. The RN stated that there was a CNA who came in at 6 AM before the 7 AM-3 PM assigned shift to assist with care. In addition, she stated that she was aware of family complaints of staffing shortages.
On 10/17/22 at 10:16 AM, the surveyor interviewed the Hospitality Aide on the second floor. He stated that he has been working at the facility for a few months and assisted residents on the whole unit and was not assigned to specific rooms. He stated that he did not provide direct care to the residents but assisted the CNA's. He stated that they have very few aides.
On 10/17/22 at 11:45 AM, the surveyor interviewed the LNHA, the DON and the RDON in the presence of a second surveyor. The RDON stated that instead of getting better, the staffing issues have been getting worse. He stated that it had been a struggle to use agencies because they get grabbed up quick. He further stated that when they did hire and orient staff, they did not return. The LNHA stated that they had hired hospitality aides and acknowledged that they were not able to provide direct resident care.
On that same date and time, the LNHA could not speak to why the facility continued to admit new residents when they were aware of their inability to provide sufficient staff. He stated that which comes first if there are no admissions, we won't have money to pay for the staff. He further stated that we try not to admit clinically complex residents. The LNHA could not speak to the facility's ability to provide the necessary care to the residents with insufficient staff.
At the same time, the RDON stated that we have borrowed staff from other places to come here. The surveyor stated that there was one CNA for 53 residents on the 11-7 AM night shift for the second-floor last night. The LNHA stated that no he was not aware of that. The RDON stated that this should never have happened. The administrative team could not speak to why the facility continued to admit new residents with insufficient staff. In addition, the LNHA stated that I can't provide an adequate answer to that question.
Furthermore, the DON stated that there had not been a nursing supervisor for the 11-7 AM shift for the last nine months and none for the 3 PM-11 PM evening shift since August 2022. The LNHA and the RDON acknowledged the DON's statement. The RDON stated that I agree there should be no admissions if we cannot provide care, I am gonna take care of that. The DON added, I agree.
On 10/17/22 at 12:26 PM, the RDON approached the survey team and stated, this should never have happened.
On 10/20/22 at 8:59 AM, the surveyor interviewed CNA #3 in the presence of the survey team. He stated that he worked the 3-11 PM evening shift on 10/16/22. He further stated that I probably had more than 20 residents because I had the whole short hall resident plus one room on the long [hall].
The surveyor reviewed the staffing for the two weeks prior to survey and all other pertinent facility staffing documents, which revealed the following:
A review of the New Jersey Department of Health Long Term Care Assessment and Survey Program Nurse Staffing Report for the two weeks beginning 9/25/22 and ending 10/08/22 revealed the facility was not in compliance with the State of New Jersey minimum staffing requirements of CNAs on 14 of 14-day shifts, deficient in total staff for residents on 4 of 14 evening shifts, and deficient in total staff for residents on 14 of 14 overnight shifts as follows:
-09/25/22 had 6 CNAs for 108 residents on the day shift, required 13 CNAs. (18 residents per CNA)
-09/25/22 had 10 total staff for 108 residents on the evening shift, required 11 total staff.
-09/25/22 had 6 total staff for 108 residents on the overnight shift, required 8 total staff.
-09/26/22 had 6 CNAs for 107 residents on the day shift, required 13 CNAs. (17.83 residents per CNA)
-09/26/22 had 5 total staff for 108 residents on the overnight shift, required 8 total staff.
-09/27/22 had 7 CNAs for 107 residents on the day shift, required 13 CNAs. (15.28 residents per CNA)
-09/27/22 had 9 total staff for 107 residents on the evening shift, required 11 total staff.
-09/27/22 had 4 total staff for 107 residents on the overnight shift, required 8 total staff.
-09/28/22 had 7 CNAs for 106 residents on the day shift, required 13 CNAs. (15.14 residents per CNA)
-09/28/22 had 5 total staff for 106 residents on the overnight shift, required 8 total staff.
-09/29/22 had 8 CNAs for 105 residents on the day shift, required 13 CNAs. (13.12 residents per CNA)
-09/29/22 had 5 total staff for 105 residents on the overnight shift, required 7 total staff.
-09/30/22 had 6 CNAs for 105 residents on the day shift, required 13 CNAs. (17.50 residents per CNA)
-09/30/22 had 5 total staff for 105 residents on the overnight shift, required 7 total staff.
-10/01/22 had 7 CNAs for 105 residents on the day shift, required 13 CNAs. (15 residents per CNA)
-10/01/22 had 9 total staff for 105 residents on the evening shift, required 10 total staff.
-10/01/22 had 5 total staff for 105 residents on the overnight shift, required 7 total staff.
-10/02/22 had 6 CNAs for 105 residents on the day shift, required 13 CNAs. (17.50 residents per CNA)
-10/02/22 had 9 total staff for 105 residents on the evening shift, required 10 total staff.
-10/02/22 had 6 total staff for 105 residents on the overnight shift, required 7 total staff.
-10/03/22 had 5 CNAs for 105 residents on the day shift, required 13 CNAs. (21 residents per CNA)
-10/03/22 had 5 total staff for 105 residents on the overnight shift, required 7 total staff.
-10/04/22 had 5 CNAs for 105 residents on the day shift, required 13 CNAs. (21 residents per CNA)
-10/04/22 had 4 total staff for 105 residents on the overnight shift, required 7 total staff.
-10/05/22 had 4 CNAs for 105 residents on the day shift, required 13 CNAs. (26.25 residents per CNA)
-10/05/22 had 5 total staff for 105 residents on the overnight shift, required 7 total staff.
-10/06/22 had 5 CNAs for 105 residents on the day shift, required 13 CNAs. (21 residents per CNA)
-10/06/22 had 6 total staff for 105 residents on the overnight shift, required 7 total staff.
-10/07/22 had 6 CNAs for 105 residents on the day shift, required 13 CNAs. (17.50 residents per CNA)
-10/07/22 had 5 total staff for 105 residents on the overnight shift, required 7 total staff.
-10/08/22 had 5 CNAs for 107 residents on the day shift, required 13 CNAs. (21.40 residents per CNA)
-10/08/22 had 6 total staff for 107 residents on the overnight shift, required 8 total staff.
Upon a review of the FA dated to cover October 15, 2021 through October 14, 2022, it was determined that the facility did not identify their benchmark of sufficient staff numbers necessary to serve their resident population based on an average census and specific resident needs. The FA was generic regarding staffing and had only specified that they provided sufficient staff but there were neither numeric values for staffing nor did it address what sufficient staffing meant.
Despite not assessing their own sufficient staff numbers within their FA, and not meeting the state minimum staffing requirements by a significant margin, the facility continued to admit new residents to their facility, particularly seven (7) new residents from 9/25/22 to 10/8/22 during this two-week period of time in which staffing was evaluated. The facility continued to admit new residents through 10/21/22.
On 10/24/22 at 12:58 PM, the survey team met with the LNHA, the RRN, and the DON about the FA which was provided by the RDON on 10/14/22 at 12:48 PM. The LNHA stated that I completed the Facility Assessment. The surveyor and the LNHA reviewed together that there was no evidence that the facility identified sufficient staffing numbers to address their resident population and census data. The LNHA could not speak to why in the FA there were zero categories in which there were insufficiencies, and the FA indicated that there was sufficient staff. He stated that it was probably written before COVID and those challenges.
The LNHA could not speak to the dates and time frame indicated on the FA as October 15, 2021 through October 14, 2022, and what that meant for the FA. He stated that the FA was based on observations and looking at data. He stated, We are looking at staffing and staffing patterns, census, and resident diagnoses. The LNHA could not speak to identifying the benchmarks he used or how it was determined that staffing was sufficient. He stated that some of the numbers used for the FA came from the MDS (Minimum Data Set, a tool used to facilitate the needs of a resident) and PBJ (payroll-based journal). He was unable to speak to how he completed the FA, or if anyone else participated.
In addition, the LNHA did not have his own copy of FA to review. The RRN stated that she had not yet reviewed the FA. The RRN stated that the FA should be reviewed annually and during the Quality Assurance Performance Improvement (QAPI) committee meetings. She stated that the purpose of the FA was that it will determine the needs of the residents and resident population, so we can provide the services required to take care of the residents. She further stated that if there was an area of concern it should have been discussed at the QAPI meeting.
Furthermore, the facility's administrative team could not speak to how the FA for staffing was determined and requested the opportunity to review it and would further respond to the survey team.
On 10/26/22 at 9:31 AM, the surveyor interviewed the DON in the presence of a second surveyor. The DON stated that for burnout prevention, she looked at the hours that staff had worked and if they worked other jobs. She further stated in reference to staffing status that it's challenging. The DON stated that the staff tell her I'm tired. They work long hours. They try to kill themselves to deliver the best care for the residents. She further stated that the administration and higher-ups were aware of the possibility of staff burnout.
On 10/31/22 at 02:40 PM, the survey team met with a family representative. He/She expressed concerns over staffing shortages that had been noticed. He/She stated that they are very short-staffed and that they do not have enough aides.
On 11/03/22 at 11:04 AM, the surveyor interviewed the Nursing Staffing Coordinator (SC). The SC acknowledged staff shortages for all three shifts weekdays and weekends. She stated that she was familiar with minimum staffing requirements but could not speak to numbers off the top of my head but I have them. She also stated that now we are working with four agencies and not previously . we had no agency.
At that same time, the SC stated that staffing has been a challenge and that the LNHA and DON were aware. She stated that she participated in weekly meetings with corporate regarding staffing challenges and that they try and provide staff from other buildings, however, I work with sister facilities to solve staffing issues but unfortunately they are in the same boat.
2. On 10/20/22 at 12:37 PM, the surveyor interviewed the DON regarding an elopement which the DON acknowledged took place on 7/6/22. The DON told the surveyor that the resident was seen by the exit door at the end of the hallway on the Front Porch Unit, the second-floor unit during the evening shift. At that time a CNA#4 heard the exit door at the end of the hallway alarm. The exit door led to a stairwell that led to the ground floor. The CNA came out of a room where he was providing care and redirected the resident toward the nursing station. The CNA then reset the door alarm and went back into another resident's room to provide care.
At that same date and time, the DON told the surveyor that she believed the alarm went off again and no resident was seen by the door. The DON further stated that LPN#3 who was working on the evening shift just went ahead and reset the alarm without accounting for all the residents. The DON stated, The LPN had just returned from break and heard the alarm, she didn't see a resident at the door, so she reset the alarm and continued to pass medications.
At that time, the surveyor asked the DON what should have happened, and the DON stated, the LPN should have checked the exit door and the stairwell to see if any residents were there and then should have done a head count to make sure all the residents were accounted for, which she failed to do. The DON said, she didn't think.
On 10/21/22 at 12:07 PM, the surveyor spoke with CNA#4 who was with Resident #88 on the night of an elopement. The CNA told the surveyor that he heard a door alarm while he was in another resident's room. At that time, he went to the door and saw Resident #88 attempting to run down the steps. The CNA said that he grabbed the resident's shirt because he was afraid the resident would fall down the steps. The CNA said that he put the resident back in the room and told the nurse on duty about the incident.
On that same date and time, the surveyor asked CNA#4 if he heard the second alarm and the CNA stated, I went on break and the next thing I saw was the cops and I found out that the resident had been found a couple of doors down from the facility.
On 10/26/22 at 3:14 PM, the surveyor interviewed LPN#3 who was caring for Resident #88 on the evening of the elopement. The LPN told the surveyor there were, Two nurses working for the entire unit. And we were short with only three aides on a dementia unit. I was responsible for the resident. I saw [him/her], put the resident to bed. I called the CNA when I put [him/her] to bed to do PM care. I then fed some residents, because we were so short-staffed. I then heard the door alarm, I didn't know how to turn it off, so I called the CNA to help me turn it off, I didn't open the door or look for any residents, I thought the resident was still sleeping. I didn't know the resident had a history of leaving. A Police officer called and then I realized [he/she] was missing because the police asked me if I knew the resident. I was shocked.
3. On 10/18/22 at 11:35 AM, the surveyor asked the DON to provide all the supporting documentation related to multiple fall incidents (11), some of which resulted in major injury for Resident #47 from 5/26/22 through 10/10/22.
On 10/19/22 at 11:32 AM, two surveyors interviewed LPN/UM#2. She informed the surveyors that the resident had no safety awareness and needed continuous 1 on 1 observation only when they can due to short staffing.
The survey team reviewed the staffing for the dates and shifts on the unit associated with each fall. The staffing assignment sheets revealed the following:
5/26/22: Census: 44, 4 CNAs, 2 Nurses
6/2/22: Census: 45, 3 CNAs, 2 Nurses
6/7/22: Census: 45, 3 CNAs, 2 Nurses
6/26/22: Census: 53, 4 CNAs, 2 Nurses
7/12/22: Census: 54, 5 CNAs, 2 Nurses
7/17/22: Census: 54, 4 CNAs, 2 Nurses
8/17/22: Census: 57, 4 CNAs, 2 Nurses
8/23/22: Census: 55, 4 CNAs, 2 Nurses
8/29/22: Census: 55, 3 CNAs, 2 Nurses
10/3/22: Census: 51, 3 CNAs, 2 Nurses
10/10/22: Census: 51, 3 CNAs, 2 Nurses
On 10/21/22 at 10:30 AM, the surveyor conducted a follow-up interview with the LPN/UM#2, who acknowledged that Resident #47 had frequent falls. She also stated that the resident can ambulate when he/she wants to and required staff supervision to prevent further falls because of poor balance and safety awareness. She further explained that the staff should have been close enough to the resident to intervene as needed.
On the same day at 10:35 AM, the surveyor interviewed CNA#5. CNA#5 acknowledged that the resident had frequent falls. She stated that due to staffing issues, they could not closely supervise the resident. She further stated that they were short staffed and they needed more staffing to monitor the resident due to their impaired cognition and agitated behavior, and to provide for Resident #47's needs.
On 10/24/22 at 11:54 AM, the survey team met with the RRN, DON, and LNHA, and were made aware of the above concerns.
On 10/26/22 at 11:30 AM, LPN#4 stated, I feel extremely high burnout, no help since COVID. She acknowledged that the resident had multiple falls due to impaired cognition which resulted in major injury. She stated that because they were under staffed, to be realistic, staff needs to observe the resident visually but to be idealistic, staff will observe resident physically to prevent the resident from falling. LPN#4 further stated that the resident required close observation by sitting next to him/her.
4. On 10/17/22 at 6:13 AM, the surveyor observed the RN and CNA#2 providing morning care to Resident #55. The resident's room smelled of urine and the resident's mattress was wet. The surveyor observed that the linen and fitted sheet were saturated wet with yellow and brown colored stains. The resident was positioned to the left side facing toward the window, the sacral area was not reddened, and no wounds were observed. The CNA and the RN both stated that the resident was soaking wet with urine, which soaked through to the mattress, and confirmed that the room smelled of urine.
On that same date and time, the RN stated that the census was 53 and CNA#6 was the only aide working for the previous 11 PM-7AM night shift. The RN further stated that CNA#2 came in before 6 AM today to help even though she was not asked to come early and that CNA#2 usually comes in early.
At that same time, CNA#2 indicated that she had to help because she was assigned to Resident #55 today for the 7AM to 3PM day shift anyway and I know 11-7 [night shift] are short staffed and I will be busy today because it will be short also today for 7-3 [day] shift. Both the RN and CNA#6 stated, We do what we can here.
5. On 10/17/22 at 6:57 AM, the surveyor observed CNA#6 providing morning care to Resident #19. The resident's room smelled of urine, the resident's mattress was wet, and the linen and fitted sheet were saturated in wetness with a yellow and brownish color. The resident was positioned to the left side of the bed, facing toward the wall, and the sacrum area was exposed with no reddened area and the skin was intact.
At that same date and time, CNA#6 stated that the resident was soaking wet with urine including the side of the mattress, linen, and the fitted sheet and that the room smelled of urine. The surveyor observed that the resident was wearing doubled (2) incontinence briefs soaking wet with urine. CNA#6 acknowledged that the doubled brief on the floor which was soaked in urine belonged to the resident, and stated that the resident should not have a doubled brief. She further stated that she did not know who put the doubled brief on the resident because that was the first time she changed the resident's brief since 11:00 PM yesterday (10/16/22; Sunday) because of short staffing. She indicated that she was the only CNA for the 2nd-floor unit for the 11PM-7AM night shift for 53 residents.
Furthermore, CNA#6 informed the surveyor that she worked the 3 PM- 11 PM evening shift yesterday (10/16/22; Sunday) and there were two CNAs on the second-floor unit. CNA#6 stated that she was not assigned to the resident on the evening shift and it was CNA#3 who took care of the resident. She further stated that the resident should have been changed and provided incontinence care at least twice per shift. She indicated that there were 53 residents on 10/16/22 and that she can only do so much.
On 10/17/22 at 7:07 AM, during the interview with the surveyor, the RN stated that there was no regular CNA for the night shift, the census was 53 residents on 10/16 and 10/17/22. She further stated that only she and CNA #6 worked that night shift. The RN stated that 24 out of 53 residents were offered incontinence care for the night shift, 1 out of 24 refused care, 3 out of 24 were self-care, and 18 out of 24 were incontinent and were provided incontinence care. Both the RN and CNA#6 stated that We do what we can. The RN further stated that We cannot go to everyone to take care of them, I provided care to two residents only, and that she had to administer medications.
The facility was notified of the Immediate Jeopardy (IJ) on 10/24/22 at 4:06 PM. The facility's DON, RDON, RRN, and LNHA were informed that for Resident #47 and Resident #88, the failure to a.) ensure the facility was meeting New Jersey state minimum staffing requirements, and b.) identify their own sufficient staffing numbers necessary to meet their census population and resident needs, placed these and all residents on 2 of 2 resident care units at risk for serious harm, impairment or death.
On 10/25/22 at 12:55 PM, the facility provided the survey team with an acceptable removal plan.
On 10/25/22, survey team verified the removal plan through observation, interview, record review and review of other pertinent facility documents.
A review of the facility policy Facility Assessment with a revised date of 9/2022, reflected that The facility will conduct and document a facility-wide assessment to determine what resources are necessary to care for its resident competently during both day-to-day operation and emergencies. It also reflected that The facility assessment will include but not limited to the following: . The care required by the resident population considering the types of diseases, condition, physical and cognitive disabilities, overall acuity and other pertinent facts that are present within the population. In addition, the policy reflected that The facilities resources, including but not limited to: . All personnel, including manager, staff (both employees and those who provide services under contract) .
A review of the facility policy Nursing Services and Sufficient Staff with a revised date of 11/2021, reflected that the facility should provide sufficient staff with appropriate competencies and skill sets to assure resident safety and attain or maintain the highest practicable physical, mental and psychosocial well-being of each resident. The facility's census, acuity and diagnoses of the resident population will be considered based on the facility assessment. In addition, it reflected that The facility will supply services by sufficient numbers of each of the following personnel types on a 24-hour basis to provide nursing care to all residents in accordance with resident care plans. This included except when waived, licensed nurses and other personnel including but not limited to nurses aides. (However, there was no calculation to what the facility's sufficient staff[TRUNCATED]
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Assessment Accuracy
(Tag F0641)
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 accurately assess a resident's...
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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 accurately assess a resident's status in the Minimum Data Set (MDS), an assessment tool used to facilitate the management of care. This deficient practice was identified for 2 of 24 residents, Resident #47 and #95.
This deficient practice was evidenced by:
1. On 10/13/22 at 10:39 AM, the surveyor observed Resident #47 seated in a wheelchair, awake and alert. The resident was able to maintain eye contact and smiled at the surveyor; however, the resident did not respond to the surveyor's inquiry.
The CMS's RAI Version 3.0 Manual Section G0110: Activities of Daily Living (ADL) Assistance reflected Instructions for Rule of 3 indicated that When an activity occurs at three times at multiple levels, code the most dependent, exemptions are total dependence (4) .Example, three times extensive assistance (3) and three times limited assistance (2), code extensive assistance (3). It also indicated in the Steps for Assessment to Review the documentation in the medical record for the 7-day look-back period.
The surveyor reviewed Resident #47's hybrid medical records:
The admission Record (an admission summary) showed that the resident was admitted to the facility with diagnoses that included but not limited to Unspecified dementia with behavioral disturbance, unspecified severe protein-calorie malnutrition, generalized anxiety disorder, and major depressive disorder.
The Annual Minimum Data Set (AMDS), an assessment tool with an assessment reference date (ARD) of 8/11/22 revealed a Brief Interview for Mental Status (BIMS) score of 0 out of 15, which reflected that the resident had severely impaired cognition. The section G for Functional Status reflected that the resident was coded for 1 at a supervision level in bed mobility and transfer, and 2 for limited assistance in eating for ADL Self-Performance. The AMDS Section E Behavior reflected that the resident was not coded for wandering behavior.
The August 2022 ADL Tracker Form (used to document the resident's daily self-performance in ADLs each shift) reflected that the resident had the following:
From 8/05/22 through 8/11/22, 7 times of extensive assistance (3) for self-performance for bed mobility.
From 8/05/22 through 8/11/22, 7 times of extensive assistance (3) for self-performance for transfer.
From 8/05/22 through 8/11/22, 6 times of extensive assistance (3) for self-performance for eating.
The electronic progress notes under Health Status Note (HSN) dated 8/09/22 at 01:42 PM revealed that the resident wanders continuously in the hallway, often entering other residents room.
The electronic progress notes under HSN dated 8/07/22 at 10:56 AM revealed that the resident was wandering at times.
The electronic progress notes under HSN dated 8/05/22 at 11:18 AM revealed that the resident wandered into another residents room .
On 10/25/22 at 10:33 AM, the surveyor interviewed the Certified Nursing Aide#1 (CNA#1) who stated that she was familiar with Resident#47. The CNA informed the surveyor that the resident required extensive assistance to total dependence on ADLs assistance due to his/her confusion and behavior. She stated that she documented the resident's self-performance in the paper-based ADL Tracker Form. The CNA reviewed the August 2022 ADL Tracker Form for Resident#47 in the presence of the surveyor, and she acknowledged the documentation recorded were accurate.
On 10/25/22 at 12:33 PM, the Regional Registered Nurse/MDS (RRN/MDS) met with the survey team. She acknowledged that the facility MDS Coordinator was responsible for completing section G in the MDS assessments. She informed the surveyor that the MDS Coordinator followed the MDS RAI (Resident Assessment Instrument) manual. She also stated that the MDS Coordinator obtained ADL information from staff interviews, nurses' notes in the electronic medical record (EMR), and the paper-based ADL Tracker Form completed by the CNAs in the nursing unit, to complete section G in the MDS assessment.
Additionally, the RRN/MDS reviewed the August 2022 ADL Tracker Form for Resident#47 in the presence of the survey team. She acknowledged that the resident had extensive assistance in self performance for bed mobility, transfer, and eating. She stated that the MDS Coordinator should have coded extensive assistance for bed mobility transfer and eating in the 8/11/22 AMDS.
During the interview, the RRN/MDS stated that for any discrepancy with staff ADL documentation and interview statements within the MDS ARD 7-day look-back period, the MDS Coordinator must always need to document a clarification note and specify the look-back period in the resident's EMR to support her MDS coding on section G.
On 11/01/22 at 12:19 PM, the surveyor interviewed the LPN/MDS Coordinator (LPN/MDSC). The LPN/MDSC informed the surveyor that she was the facility's full-time MDS Coordinator and followed the MDS RAI manual. She stated that she was responsible for coding in section G by reviewing the resident's paper-based ADL Tracker Form sheets that were completed by the nurses or CNAs and staff interviews.
During the interview, the LPN/MDSC stated that when she conducted staff interviews to capture the residents' ADLs within the ARD look back period, she asked the CNAs to document what they told her in the resident's medical records. The LPN/MDSC stated I go by documentation to support her coding in the MDS.
Furthermore, the LPN/MDSC reviewed the August 2022 ADL Tracker Form for Resident#47 in the presence of the surveyor. She stated that the resident's self-performance for bed mobility, transfer, and eating would be extensive assistance. She also stated that she was not sure if she reviewed the resident's ADL Tracker Form and stated, maybe I missed it or I assumed. She acknowledged that her coding in 8/11/22 AMDS section G for bed mobility, transfer, and eating did not reflect the documentation in the August 2022 ADL Tracker Form. The LPN/MDSC further stated that she would review the resident's medical records and MDS assessment again and would get back with the surveyor.
On 11/01/22 at 01:02 PM, the survey team met with Regional Licensed Nursing Home Administrator#1 (RLNHA#1) and #2, DON, and Regional RN (RRN). The surveyor discussed the above concerns.
On the same day at 1:46 PM, the LPN/MDSC met with the surveyor. She acknowledged that after reviewing the resident's medical records again, there was no supporting documentation to support her 8/11/22 AMDS coding for section G. She stated that after verifying with the staff in the nursing unit, she acknowledged that the staff documentation in the August 2022 ADL Tracker Form were accurate. The LPN/MDSC further stated that she should have coded extensive assist for bed mobility, transfer, and eating in the 8/11/22 AMDS section G.
On 11/01/22 at 01:51 PM, the surveyor interviewed the Director of Social Worker (DSW). The DSW stated that she was the full-time social worker in the facility and responsible of answering sections C (Cognition), D (Moods), E (Behavior), and Q (Participation in Assessment and Goal) in the MDS. She informed the surveyor that she followed the MDS RAI manual to complete the MDS assessments. Additionally, she stated that she reviewed the resident's medical records and captured the resident's behaviors which included wandering to complete the MDS section E within the ARD's 7-day look-back period.
On that same date and time, the surveyor reviewed the 8/11/22 AMDS Section E coding and the progress notes in the resident's (EMR) in the presence of the DSW. The DSW acknowledged that the resident had wandering behaviors documented in the EMR which should have been captured and coded in the AMDS dated [DATE].
On 11/03/22 at 11:36 AM, the RRN acknowledged the 8/11/22 AMDS coding inaccuracy in sections G and E.
On the same day at 12:23 PM, the survey team met with the two RLNHA, DON, and RRN. The facility team did not provide additional information.
2. On 10/13/22 at 11:42 AM, the surveyor observed Resident #95 laying on the bed with eyes closed and thin looking.
On 10/18/22 at 9:59 AM, the surveyor interviewed CNA#2. CNA#2 stated that Resident #95 was cognitively impaired and a wanderer (moving about without a definite destination or purpose).
On 10/20/22 at 8:59 AM, the surveyor interviewed CNA#3. CNA#3 stated that Resident #95 was cognitively impaired and a wanderer which was not something new to the resident.
The surveyor reviewed the resident's medical records:
The admission Record disclosed that the resident had diagnoses that included but were not limited to Alzheimer's disease (a type of brain disorder that causes problems with memory, thinking, and behavior.), essential hypertension (elevated blood pressure), unspecified dementia with behavioral disturbance, anxiety disorder, and major depressive disorder.
The AMDS with an ARD of 6/24/22 showed that the resident had a BIMS score of 5 which means that the resident's cognition was severely impaired. The AMDS Section E Behavior reflected that the resident was not coded for wandering behavior.
The person-centered care plan did not show information about the wandering behavior and interventions.
The 6/18/22 HSN in the EMR of the resident included resident was received sitting in chair in room watching tv, .with confusion noted .continent of bowel/bladder, ambulatory resident occasionally wanders in and out of other resident's rooms. calm verbal redirection successful after several attempts
On 10/31/22 at 10:29 AM, the surveyor interviewed the LPN/MDSC. The LPN/MDSC stated that the facility follows the RAI Manual as part of facility policy with regard to MDS. She further stated that she was not responsible for answering section E in the MDS. The LPN/MDSC indicated that the surveyor had to ask the DSW concerning section E in MDS.
During an interview on 10/31/22 at 10:41 AM by the surveyor, the DSW informed the surveyor that she was responsible for answering sections C , D, E, and Q in the MDS. The DSW stated that the information in section E was gathered from the evaluation, elopement, and wandering behavior notes that were reviewed in the resident's medical records.
On that same date and time, the surveyor asked the DSW why the 6/18/22 HSN that was written in the resident's progress notes for wandering behavior was not captured in the 6/24/22 MDS. The DSW stated that if it was documented in the 6/18/22 progress notes, then it should have been captured in the 6/24/22 MDS. She further stated that she will check and get back to the surveyor why it was not coded in the MDS.
On 10/31/22 at 02:06 PM, the survey team met with RLNHA#1, RRN, and DON and discussed the above concerns with MDS.
On 11/01/22 at 12:56 PM the survey team met with the RLNHA#1 and #2, RRN, and DON. The RRN acknowledged that the wandering behavior that was documented on 6/18/22 should have been captured in the resident's 6/24/22 MDS in section E. The RRN further stated that the 6/24/22 was now modified to capture the wandering behavior.
NJAC 8:39-11.2(e)1; 27.1(a)
CONCERN
(D)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Potential for Harm - no one hurt, but risky conditions existed
ADL Care
(Tag F0677)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Complaint #NJ00157677
Based on observation, interview, and review of facility documents it was determined that the facility fail...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Complaint #NJ00157677
Based on observation, interview, and review of facility documents it was determined that the facility failed to ensure timely incontinence care to residents dependent on staff for care. This deficient practice was identified for 2 of 4 residents reviewed for incontinence (Resident #19 and #55).
1. On 10/17/22 at 06:57 AM, the surveyor observed Certified Nursing Aide#1 (CNA#1) providing morning (am) care to Resident #19. The resident's room smelled of urine, the resident's mattress was wet, and the linen and fitted sheet were soaking wet with a yellow and brownish color. The resident was positioned to the left side of the bed, facing toward the wall, and the sacrum area was exposed with no reddened area and the skin was intact. Privacy was provided during the am care.
At that same date and time, CNA#1 stated that the resident was soaking wet with urine including the side of the mattress, linen, and the fitted sheet and that the room smelled of urine. The surveyor observed also the double brief was soaked and wet with urine. CNA#1 acknowledged that the soaked in urine double brief that was on the floor was from the resident and stated that the resident should not have a double brief. She further stated that she did not know who put the double brief on the resident because that was the first time she changed the resident's brief since 11:00 PM yesterday (10/16/22; Sunday) because of being short staffed. She indicated that she was the only CNA for the 2nd-floor unit for the 11-7 shift for 53 residents.
Furthermore, CNA#1 informed the surveyor that she worked the 3-11 shift yesterday (10/16/22; Sunday) and there were two CNAs on the 2nd-floor unit. CNA#1 stated that she was not assigned to the resident on the 3-11 shift and it was CNA#2 who took care of the resident. She further stated that the resident should have been changed and provided incontinence care at least twice per shift. She stated that there were 53 residents on 10/16/22 and that she can only do so much.
On 10/17/22 at 7:07 AM, during the interview with the surveyor, the Registered Nurse (RN) stated that there were no regular CNA's for the 11-7 shift, the census (number of residents on the unit) was 53 residents on 10/16 and 10/17/22. She further stated that there was one RN and one CNA who worked for the 11-7 shift and it was her and CNA#1. The RN stated that there were 24 out of 53 residents were offered incontinence care for the 11-7 shift, 1 out of 24 refused care, 3 out of 24 were self-care, and 18 out of 24 were incontinent and were provided incontinence care. Both the RN and CNA#1 stated that we do what we can. The RN further stated that we can not go to everyone to take care of them, I provided care to two residents only, and that she has to administer medications.
On 10/17/22 at 7:53 AM, two surveyors interviewed the RN. The RN stated that the 2nd-floor unit have been short of staff and there was no nursing supervisor for the 11-7 shift. She further stated that the nursing supervisor left 9 months ago and was not replaced since then. The RN stated that maybe two or three months ago that she worked by herself in the unit for the 11-7 shift. The RN was not able to remember the exact dates that she worked by herself.
On that same date and time, the RN informed the surveyor that she was aware of some family complaints about being short of staff. She acknowledged that Resident #19 was soaking wet with urine when CNA#1 changed the resident this morning. She further stated that the facility management was aware of the short staff.
The surveyor reviewed the medical records of Resident #19.
The admission Record (or face sheet; admission summary) revealed that the resident was admitted to the facility with a diagnosis that included but was not limited to: Chronic obstructive pulmonary disease (lung disorder), major depressive disorder, other seizures (is a sudden, uncontrolled electrical disturbance in the brain), difficulty walking, chronic kidney disease (kidneys have mild to moderate damage, and they are less able to filter waste and fluid out of your blood), and schizophrenia (A disorder that affects a person's ability to think, feel, and behave clearly).
The Quarterly Minimum Data Set (QMDS), an assessment tool used to facilitate management of care, dated 8/04/22, with a Brief Interview for Mental Status (BIMS) score of 9 which means that the resident's cognition was moderately impaired. In the Section H Bladder and Bowel revealed that the resident was always incontinent of both bowel and bladder elimination. Section M of the QMDS showed that the resident had an intact skin even though the resident was at risk for developing pressure ulcers.
The focus personalized care plan that was created on 02/08/22 and revised on 8/15/22 showed that the resident has bowel and bladder incontinence with an interventions to use disposable briefs, change frequently as needed, check the resident as required for incontinence, wash, rinse and dry perineum, and change clothing PRN (as needed) after incontinence episodes.
On 10/20/22 at 8:59 AM, the surveyor interviewed CNA#2 in the presence of the survey team. CNA#2 stated that Resident #19 was alert with some forgetfulness, total assistance was needed with activities of daily living (ADL) except eating, skin intact, and a heavy wetter with urine elimination. He further stated that he worked on 10/16/22 at the 3-11 shift with CNA#1 and that he took care of Resident #19 on that day. He indicated that I probably had more than 20 residents because I had the whole short hall residents plus one room in the long hall. CNA#2 stated that the last time he changed Resident #19 was at 10 PM on 10/16/22.
At that same time, CNA#2 stated that double (two) brief was not the facility's standard of practice, sometimes I see the double brief to those heavy wetter when I come on a weekend. CNA#2 further stated that he did not know who put the double brief on the resident.
2. On 10/13/22 at 11:39 AM, the surveyor observed Resident#55 laying on the bed, with eyes closed, wheelchair near the bed at the right side, call bell within reach, breathing easy and unlabored, covered with a blanket.
The surveyor reviewed the medical records of Resident #55.
The admission Record revealed that the resident was admitted to the facility with the diagnosis that included, but was not limited to the following: Anemia (low blood counts), diabetes (high blood sugar), insomnia (a common sleep disorder), major depressive disorder, and difficulty in walking.
The QMDS dated [DATE] indicated that the resident had a BIMS score of 3 out of 15 with means that the resident had severe cognitive impairment. In a review of section G, functional status indicated Resident #55 was a one-person physical assistant for toileting and personal hygiene.
On 10/17/22 at 6:13 AM, the surveyor observed the RN and CNA#3 providing am care to Resident #55. The resident's room smelled of urine and the resident's mattress was wet. The surveyor observed that the linen and fitted sheet were soaking wet with yellow and brown colored stains. The resident was positioned to the left side facing toward the window, the sacral area was not reddened, and no wounds were observed. The CNA and the RN both stated that the resident was soaking wet with urine including the mattress being wet and the room did smell of urine.
On that same date and time, the RN stated that the census was 53 and CNA#1 was the only aide working for the previous 11-7 shift. The RN further stated that CNA#3 came in before 6 AM today to help even though she was not asked to come early and that CNA#3 usually comes in early.
At that same time, CNA#3 indicated that she had to help because she's assigned to Resident # 55 today for the 7-3 shift anyway and I know 11-7 are short staffed and I will be busy today because it will be short also today for 7-3 shift. Both the RN and CNA#3 stated we do what we can here.
On 10/31/22 at 02:06 PM, the survey team met with the Regional Licensed Nursing Home Administrator#1 (RLNHA#1), Regional Registered Nurse (RRN), and the Director of Nursing (DON), and discussed the above concerns.
On 11/01/22 at 12:56 PM, the surveyors met with RLNHA#1 and #2, RRN, and the DON. The RRN stated that Residents #19 and #55 skin integrity evaluations were done and showed no skin impairment.
A review of the facility's Incontinence Policy that was provided by the DON with a revision date of 11/2021 included Based on the resident's comprehensive assessment, all residents who are incontinent will receive appropriate treatment and services.
A review of the facility's Activities of Daily Living Tracker form for Resident # 55 Unit for October 2022. Under the section titled, Toilet Use, which was documentation of changing residents, offering commodes, bed pans, urinal use, or cleansing self. The 11 to 7 shift was blank, indicating on that shift none of the toileting care occurred for Resident #55.
A review of the facility's in-service dated 10/31/22 regarding residents requiring incontinence care with an attachment entitled Double [name redacted]- Do not double-up on incontinence products .included What to do instead? Check and Change. Check your resident every two hours to make sure they are dry and if not change them and clean them. Report to the nurse if resident needs to be changed more frequently.
A review of the facility's policy titled, ADL Care, dated 9/2022 which read that the policy of the facility was to provide ADL care to residents requiring such assistance to ensure all ADL needs were met on a daily basis. Policy explanation, number 7 indicated that care plan interventions will be communicated to the staff. The care plan interventions will be monitored on an ongoing basis for effectiveness and reviewed/revised as necessary.
NJAC 8:39-27.1 (a), 27.2 (h)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Respiratory Care
(Tag F0695)
Could have caused harm · This affected 1 resident
Based on observation, interview, record review, and review of other facility documentation, it was determined that the facility failed to ensure that a resident who was dependent on supplemental oxyge...
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Based on observation, interview, record review, and review of other facility documentation, it was determined that the facility failed to ensure that a resident who was dependent on supplemental oxygen via a tracheostomy (an opening created at the front of the neck so a tube can be inserted into the windpipe) had a valid physician's order for oxygen (O2) in place.
This deficient practice was identified for 1 of 2 residents (Resident #355) reviewed for respiratory care and was evidenced by the following:
On 10/14/22 at 10:15 AM, the surveyor observed Resident #355 in their room, lying in bed with the head of the bed elevated. The resident was awake but nonverbal and unable to be interviewed. The resident was observed with a tracheostomy tube (a breathing tube inserted into the tracheostomy) connected to an oxygen concentrator (a free-standing device used to deliver oxygen) via a trach collar. The oxygen concentrator was at a rate of 2 LPM (liters per minute). A humidifier bottle that contained a quarter full of clear water, was attached to the oxygen concentrator via trach tubing. The resident had no signs and symptoms of pain or respiratory distress.
The surveyor reviewed Resident#355 medical records and revealed the following:
The admission Record (admission summary) reflected that the resident was admitted to the facility with diagnoses that included Acute respiratory failure with hypoxia (impairment of gas exchange between the lungs and the blood) and nontraumatic unspecified intracranial hemorrhage (brain bleed).
There was no physician's order (PO) for the 2 LPM O2.
On 10/14/22 at 01:15 PM, the surveyor interviewed Registered Nurse (RN) while in the resident's room. The RN acknowledged that the resident was connected to an O2 concentrator with a rate of 2 LPM via tracheostomy tubing. The RN stated that the 2 LPM O2 via trach required a PO.
On that same date and time, the RN checked the PO in the resident's medical records, and she acknowledged that there was no PO for the O2.
On 10/14/22 at 1:27 PM, the surveyor interviewed the first-floor Licensed Practical Nurse/Unit Manager (LPN/UM) and informed the LPN/UM that the surveyor observed the resident on 2 LPM O2 via trach in the presence of the RN. The LPN/UM acknowledged that there was no PO for the O2 and stated, there should have been a doctor's order.
On 10/19/22 at 11:51 AM, the LPN/UM informed the surveyor that a PO for O2 was initiated for the resident on 10/14/22, after the surveyor's inquiry.
On 11/01/22 at 01:02 PM, survey team met with the two Regional Licensed Nursing Home Administrators (RLNHAs), DON and the Regional RN (RRN) and discussed the above concerns. The DON stated, Apparently, that was an oversight.
A review of the Oxygen Administration policy revised 9/2022 reflected that Oxygen is administered under orders of a physician .
On 11/03/22 at 12:23 PM, the survey team met with the two Regional LNHAs, DON, and RRN. The facility team did not provide additional information.
NJAC 8:39-11.2(b); 27.1(a)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0740
(Tag F0740)
Could have caused harm · This affected 1 resident
Based on observation, interview, record review, and review of pertinent facility documentation, the facility failed to: a) appropriately care for a resident with behavioral needs and b) implement inte...
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Based on observation, interview, record review, and review of pertinent facility documentation, the facility failed to: a) appropriately care for a resident with behavioral needs and b) implement interventions to address the resident's behaviors. The deficient practice was identified for one 1 of 10 residents reviewed for behavioral needs (Resident #98).
This deficient practice was evidenced by the following:
On 10/13/22 at 11:39 AM, the surveyor observed Resident #98 inside a COVID-19 room, the resident was in bed watching television.
The surveyor reviewed Resident #98's medical records.
The resident's admission Record (or face sheet; an admission summary) revealed that Resident #98 was admitted to the facility with a diagnosis that included: Alcohol-induced disorder (Alcoholism), metabolic encephalopathy (problem with the brain caused by chemical imbalances in the blood), anxiety disorder (symptoms of intense anxiety and panic) and major depressive disorder (persistent feeling of sadness and loss of interest).
The admission Minimum Data Set (AMDS), an assessment tool used to facilitate the management of care, dated 9/28/22 reflected that the resident had a Brief Interview for Mental Status (BIMS) score of 15 out of 15, indicating that the resident was cognitively intact. A review of Resident #98's Resident Mood Interview (D300) revealed that the resident a total severity score of 16 out of 30, indicating that the resident was moderately depressed.
The Progress Notes (PN) revealed the following:
a) Under the Physician Progress Note (PPN) (internal medicine note) dated 7/26/22, 8/29/22, and 9/20/22 revealed that (Resident #98) had a tobacco use disorder and was on nicotine replacement therapy and that the (resident) had an alcohol use disorder.
b) On 9/28/22 at 7:19 AM PN showed that the resident left the unit at 7 AM for out on pass and was advised not to smoke or drink on the facility property while out on pass.
c) On 10/5/22 at 7:16 AM PN revealed that the resident left the facility at 7 AM, and was made aware by the Unit Manager (UM) that the resident's medications Tramadol (medication for pain management) and Ativan (medication for anxiety), and the (resident) became upset.
d) On 10/07/22 at 8:53 AM PN written by the UM revealed that the IDT (Interdisciplinary Team) met for a quarterly review of (Resident #98). The note showed that the resident was cognitively intact, independent with ADLs (activities of daily living), able to ambulate, continent of both bowel and bladder elimination, and with intact skin. In addition, the resident's Tramadol and Ativan were recently titrated down (lowered the dose), and the (resident) was med seeking. Also, the (resident) was found smoking in (their) bathroom, and the UM discussed the no-smoking policy in the building. Furthermore, the notes included that Social Worker (SW) will facilitate finding the residence in the community. The note included that the (resident) will be monitored for alcohol consumption when he returns from out on pass (OOP).
e) On 10/07/22 at 7:12 PM PN included, At around 3:50 PM SW came to nurse's station asked nurse on duty to inform MD (Medical Doctor) that (resident) threatening to go out to parking lot and slit their wrist. MD was informed and order to send (resident) to emergency room (ER) for a crisis evaluation.
f) On 10/07/22 note showed that 10:45 PM the (resident) returned from hospital ER for Psych evaluation with no recommendation. Every 15-minute monitoring started no issues noted.
A review of Resident#98's Psychiatric/evaluation form that was dated 10/10/22 revealed that Resident #98 had an Alcohol Disorder and a Personality disorder. The Psychiatrist evaluated the resident and identified that the resident had no suicidal thoughts but also wrote that a bottle of alcohol was found in the resident's room.
The comprehensive individualized care plan revealed the following:
1. No care plan that addressed that the resident had a Major depressive disorder.
2. No care plan that addressed the resident had Anxiety disorder.
3. No care plan that the resident was using Ativan (Lorazepam) for Anxiety disorder.
4. No care plan to address that the resident had an alcohol disorder and no intervention to monitor the resident for alcohol use, specifically since the resident frequently went OOP.
5. The care plan did not address the suicidal ideation that happened on 10/07/22 to include interventions and recommendations of the MD to monitor the resident.
The Order Summary Report (OSR) revealed a physician order dated 10/26/22 for Lorazepam 0.5 mg (milligram) 1 tablet (tab) by mouth every 12 hours for 14 days for Anxiety.
On 10/25/22 at 02:16 PM, the surveyor team interviewed the SW who stated that she was familiar with Resident #98. The SW stated that the resident was cognitively intact and could make their own decisions. The resident was admitted to the facility for short-term subacute care. The resident stay was extended after the facility was able to get short-term custodial care from Medicaid when they were informed that the resident was evicted from their home.
On that same date and time, the SW stated that the resident was compliant until the resident started leaving the facility on OOP, then Resident #98's behavior started to change, and the resident started to become non-compliant with facility rules. She further stated that the resident was caught smoking and facility staff found an empty vodka bottle inside the resident's room.
Furthermore, the SW informed the survey team that the facility on 10/19/22 provided the resident a 30-day discharge letter because the resident's non-compliance with facility rules could endanger the resident and all the residents at the facility. She further stated that the facility was going to initiate the letter earlier, but the resident tested positive for COVID-19 on 10/8/22.
On 10/26/22 at 9:31 AM, the survey team interviewed the Director of Nursing (DON) who stated that she was familiar with Resident #98. The DON stated that the resident is cognitively intact and not cooperative. The DON further stated that the resident to be able to go OOP will need an order that will be part of the resident's medical record.
On that same date and time, the DON informed the surveyors that the facility was aware that the resident goes OOP. The DON was not aware of the IDT meeting that addresses the above concerns. The DON acknowledged that there should have created a care plan after the above incidents that will include interventions.
On 10/26/22 at 12:42 PM, the surveyor team interviewed the Licensed Nursing Home Administrator (LNHA) regarding the 30-day discharge letter that was provided to Resident #98. The LNHA stated that the discharge letter was presented to the resident due to being non-compliant with facility rules (smoking in the facility) and his non-compliance could endanger all the residents at the facility.
On 10/26/22 at 4:15 PM, the surveyor in the presence of the SW interviewed Resident #98. The resident was seated in a wheelchair, cognitively intact, and was getting easily irritated. The resident stated that when they go to OOP, they will go with a friend who's helping the resident to find a place to live. The resident told the surveyor that they will leave the facility at 7 AM and will return between 10 PM to 12 midnight. The resident stated that when they leave the facility that they will sign out on the first floor and a staff member will come downstairs and let the resident out. The resident further stated that when he/she returns to the facility they will sign back in, but he/she is forgetful and will forget at times to sign in. The resident also stated that when they return from OOP that nursing doesn't do a body assessment or check their belongings.
On 10/27/22 at 9:19 AM, the survey team interviewed Resident #98's physician. The physician stated that he was familiar with the resident and stated that the resident is alert and oriented. The physician further stated that he saw the resident back on 10/25/22. The physician was unaware that the resident was leaving the facility on OOP. The physician stated that the resident needed the order to go out on pass, and did not remember providing an order for OOP. He followed up that he would have not authorized the resident to leave the facility.
At that same time, the physician stated that he was not aware that the resident was caught smoking in their room and that the nursing staff found a bottle of vodka in the resident's possessions. The physician further stated that if he knew the resident was drinking, he would have never written an order for Lorazepam and he would have made sure that the resident was on a smoking cessation program, he was unaware that the resident had no active order for Nicotine patches.
Furthermore, the physician stated that he was unaware that the facility gave the resident a 30-day discharge letter. The physician stated that a discharge letter required a physician order and nobody at the facility requested for him to write an order. The physician is unable to speak with a care plan and interventions that will direct the care of the resident to address the behavior and noncompliance of the resident concerning smoking, drinking, and safety and if the team met to discuss the above concerns.
On 10/27/22 at 12:25 PM, the surveyor interviewed the resident's Licensed Practical Nurse (LPN) who stated that she did not observe the resident smoking. The LPN stated that she was notified by another nurse who was doing a treatment that she smelled smoke coming from the resident's room. She further stated that she went into the resident's room and smell a strong smell of smoke. She asked the resident if they were smoking, and the resident handed her a half-smoked cigarette.
On that same date and time, the LPN stated that the resident was non-compliant and when the resident tested positive for COVID-19 that she found an empty bottle of vodka in the resident's belongings. The LPN stated that when the resident returned from OOP that the resident appeared flush and will go right into their room. She acknowledged that she did not assess or check Resident #98's belongings when they returned from OOP. The LPN showed the surveyor the empty bottle of vodka that she found in the resident's room. The bottle was kept inside the facility's medication room. When the surveyor followed up with the LPN regarding the resident appearing flushed when they return from OOP. The LPN stated that the resident always look a little flush and it was not enough evidence to make her concerned. The LPN is unable to speak with a care plan and interventions that will direct the care of the resident to address the behavior and noncompliance of the resident concerning smoking, drinking, and safety.
On 10/31/22 at 9:15 AM, the surveyor interviewed the LPN regarding things that should have been put in place by the facility to address Resident #98's Alcohol disorder. The LPN stated that the resident has a history of alcohol abuse, and the facility should have had a psych consult and should have been evaluated for substance abuse. She further stated that some of the interventions that should have been put in place were for staff to monitor the resident's behaviors and changes in mood. The resident should have been assessed to make sure they were not consuming alcohol. She also stated that the facility should have created a care plan specific for the resident's alcohol disorder with interventions that would detect and monitor if the resident is consuming alcohol especially since the resident is always going out on leave. Finally, the LPN stated due to his age and his alcohol abuse that she felt that this was not the right facility for the resident. The resident needed to be at a rehabilitation center that could help the resident with their alcohol disorder.
On 11/01/22 at 01:05 PM, the surveyor met with two RLNHAs, DON, Regional Registered Nurse (RRN), and was made aware of the above concern.
A review of the facility's policy for Behavioral Health Services that was undated and was provided by the Regional RN indicated the following:
It is the policy of this facility that all residents receive care and services to assist him or her to reach and maintain the highest level of mental and psychosocial functioning.
The facility will ensure that each resident receives the necessary behavioral health care and services to attain or maintain the highest practicable physical, mental and psychosocial well-being, in accordance with the comprehensive assessment and plan of care.
Behavioral health includes a resident's entire emotional and mental health, which includes the prevention and treatment of mental and substance use disorder.
On 11/03/22 at 12:23 PM, the survey team met with the two Regional LNHAs, DON, and RRN. The facility team did not provide additional information.
NJAC 8:39-5.1 (d)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Antibiotic Stewardship
(Tag F0881)
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 of pertinent facility documentation, it was determined that the facility fail...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, and record review of pertinent facility documentation, it was determined that the facility failed to ensure implementation of the antibiotic stewardship program including ongoing monitoring and use of nationally recognized surveillance criteria prior to consulting the prescriber. This deficient practice was identified for one (1) of two (2) residents reviewed for antibiotic stewardship, (Resident #87) and was evidenced by the following:
On 10/14/22 at 09:11 AM, the surveyor observed the resident who was in bed watching television. The resident was receiving nutrition via a gastrostomy tube (GT).
The surveyor reviewed the medical records of Resident #87.
The admission Record (or Face Sheet; an admission summary) revealed that the resident was re-admitted to the facility with diagnoses which included but were not limited to: Unspecified escherichia coli (E-Coli; bacterial infection of the lower intestine), type 2 diabetes (impairment in the way the body regulates and uses sugar), urinary tract infection (a condition which bacteria invade and grow in the urinary tract) and essential hypertension (elevated blood pressure).
The Progress notes (PN) dated 10/20/22 at 10:44 AM showed that the Nurse Practitioner (NP) was made aware of the responsible party's (RP's) requests for urinalysis (UA) and culture and sensitivity (CS) (microscopic exam to detect infection). The 10/20/22 PN included that the resident has no signs and symptoms of an infection.
A review of Resident #87's PN dated 10/25/22 at 10:53 AM showed that the results of UA without CS were relayed to the Medical Doctor (MD) and the MD ordered to recollect urine specimen for UA & CS. Also, the 10/25/22 PN indicated that the MD ordered to start the resident on Ceftin (medication to fight an infection/antibiotic) 500 mg (milligram) via GT for 10 days.
The PN dated 10/28/22 at 04:10 PM revealed that the resident continues to be afebrile (no fever) and has no signs and symptoms of infection. In addition, the 10/28/22 PN showed that the NP received the resident's UA & CS and ordered to continue the current antibiotic order and to continue to monitor.
The October 2022 electronic Medication Administration Record (eMAR) revealed a Physician Order dated 10/25/22 for Cefuroxime 500 mg 1 via GT by mouth twice daily for 10 days for UTI with a discontinued date of 10/28/22.
A review of the facility's Loeb Minimum Criteria for starting Antibiotic Therapy in Long Term Care which the facility used as a tool for their antibiotic stewardship program revealed that they did not follow these criteria when ordering UA and CS and starting antibiotic treatment for Resident #87. They were no progress notes from the physician which explained the reason for ordering a UA & CS and starting antibiotic treatment for a resident that did not meet the Loeb Minimum Criteria.
The Loeb Minimum Criteria for Starting Antibiotic Therapy in Long Term Care for a Suspected Urinary Infection is as follows without a catheter:
Either one of the following criteria:
-Acute Dysuria (painful urine), or
-Temp >37.9 C (100 F) OR 1.5 C (2.4 F) above baseline, and
-Urgency and Frequency
-Suprapubic pain and gross hematuria
-Urinary incontinence and Costovertebral angle tenderness.
On 10/31/22 at 12:45 PM, the surveyor interviewed Resident #87's nurse a Licensed Practical Nurse (LPN) who stated that the resident was admitted to the hospital on [DATE] with an admission diagnosis of Sepsis. The LPN informed the surveyor that the Sepsis was probably caused by an infection in the blood rather than by a UTI.
On 11/03/22 at 11:30 AM, the survey team met with the Director of Nursing (DON), the Regional Licensed Nursing Home Administrator#1 (RLNHA#1), and the Regional Registered Nurse (RRN). The RRN stated that the facility acknowledged that the facility did not follow the facility tool (Loeb) for Resident #87 and that there were no progress notes from the physician which justify the ordering of a UA and CS and starting antibiotic treatment. The facility team acknowledged that there were progress notes from a Unit manager and the facility's NP which included that the resident had no symptoms of a UTI.
A review of the facility's policy for the Antibiotic Stewardship Program dated 11/17 and was provided by the DON and indicated the following:
4. The program includes antibiotic use protocols and a system to monitor antibiotic use.
a. Antibiotic use protocols.
i. Nursing staff shall assess residents who are suspected to have an infection and complete an SBAR (Situation, Background, Assessment and Recommendation) form prior to notifying the physician.
ii. Laboratory testing shall be in accordance with current standards of practice.
iii. The facility uses the Surveillance Definitions of Infection in Long-Term Care Facilities: Revisiting the McGeer Criteria.
iv. The Loeb Minimum Criteria are used to determine whether to treat an infection with antibiotics.
On 11/03/22 at 11:36 AM, the survey team met with the facility's administrative team which included Regional LNHA#1 and #2, RRN, and the DON. The facility's administrative team had no additional information to provide to the survey team.
NJAC 8:39-19.4 (a) (d)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0886
(Tag F0886)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on the interview, record review, and other pertinent facility documentation it was determined that the facility failed to ...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on the interview, record review, and other pertinent facility documentation it was determined that the facility failed to perform covid-19 testing per facility policy for 2 of 3 residents (Resident #8 and Resident #355) and 1 of 2 staff members reviewed for Covid-19 testing and in accordance with the Centers for Disease Control and Prevention guidelines (CDC) for infection control to mitigate the spread of COVID-19.
According to the U.S. CDC Interim Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic, updated September 23, 2022, included Defining Community Transmission of SARS-CoV-2 Select IPC measures (e.g., use of source control, screening testing of nursing home admissions) are influenced by levels of SARS-CoV-2 transmission in the community. Community Transmission is the metric currently recommended to guide select practices in healthcare settings to allow for earlier intervention, before there is strain on the healthcare system and to better protect the individuals seeking care in these settings. The Community Transmission metric is different from the COVID-19 Community Level metric used for non-healthcare settings. Community Transmission refers to measures of the presence and spread of SARS-CoV-2. COVID-19 Community Levels place an emphasis on measures of the impact of COVID-19 in terms of hospitalizations and healthcare system strain, while accounting for transmission in the community Perform SARS-CoV-2 Viral Testing
Anyone with even mild symptoms of COVID-19, regardless of vaccination status, should receive a viral test for SARS-CoV-2 as soon as possible.
Asymptomatic patients with close contact with someone with SARS-CoV-2 infection should have a series of three viral tests for SARS-CoV-2 infection. 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), day 3, and day 5
Managing admissions and residents who leave the facility:
o
Testing is recommended at admission and, if negative, again 48 hours after the first negative test and, if negative, again 48 hours after the second negative test. In general, admissions in counties where Community Transmission levels are high should be tested upon admission; admission testing at lower levels of Community Transmission is at the discretion of the facility.
o
They should also be advised to wear source control for the 10 days following their admission. Residents who leave the facility for 24 hours or longer should generally be managed as an admission.
This deficient practice was evidenced by the following:
On 10/13/22 at 10:04 AM, during an Entrance Conference of the surveyor with the Licensed Nursing Home Administrator (LNHA), the Director of Nursing (DON), and the Quality Assurance/Regional Registered Nurse, the DON stated that the facility was on an outbreak with a positive COVID-19 resident on 10/08/22.
On that same date and time, the DON stated that she was the facility Infection Preventionist (IP). The DON further stated that the facility follows the New Jersey Department of Health (NJDOH), CMS, and CDC guidelines for infection control.
Furthermore, the DON stated that testing frequency for staff who was not up to date with their COVID-19 vaccinations is done twice a week following the facility policy. She further stated that the residents were being tested for COVID-19 following the testing guidance for an outbreak on day one of the positive COVID-19 residents, day three, day five, day seven, and then weekly until no new cases in accordance with the facility policy.
The surveyor the medical records of Residents #8 and #355.
The Electronic medical record of Resident #8 reflected that the resident refused all vaccinations since admission to the facility. The record also showed that the resident was exposed to a positive COVID-19 resident following the October 8th outbreak.
The covid-19 testing logs showed that Resident #8 was tested on [DATE]. The surveyor could not locate any other test results for Resident #8. The DON was only able to provide one test from 10/11/22, which was three days after Resident #8 exposure.
The admission Record (or face sheet; admission summary) for Resident #355 indicated that the resident was admitted to the facility during the period of the facility's covid-19 outbreak on 10/08/22. The surveyor could not locate the Covid-19 testing that was completed at the facility on admission or during the resident's stay, or documentation that Resident #355 refused the COVID-19 testing.
The surveyor reviewed employees testing logs that were provided by the DON.
The Certified Nursing Assistant (CNA) was not up to date (CNA did not receive a COVID-19 booster) on COVID-19 vaccines. The testing log showed that the CNA was tested for COVID-19 on 8/05/22 and again on 10/03/22. There was no further testing done for August 2022 through October 2022 except for 8/05/22 and 10/03/22. The CNA was not tested for COVID-19 twice a week according to the facility policy and CDC guidance for staff who are not up to date with their vaccinations.
On 11/3/22 at 9:36 AM, the surveyor followed up with the DON on the documents needed for Residents #8, and #355, and the CNA's testing logs. The DON stated that there were no additional documents to provide concerning the two residents and CNA's testing for COVID-19.
A review of the facility's policy titled, Covid Testing, a policy dated 9/2022. Under the section, Testing of Staff and Residents in Response to an Outbreak Investigation, number 5, indicated that contact tracing or broad-based 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 on day one, day 3, and day 5. Testing should be repeated every three to seven days until no new cases are identified for at least 14 days.
Under the section titled, Resident Testing-New Admissions, it indicated that resident admissions in counties where community transmission levels are high should be tested upon admission and if negative, again 48 hours after the first negative test and if negative again 48 hours after the second negative. Testing should be repeated every 3 to 7 days until no new cases are identified for at least 14 days.
On 11/03/22 at 11:36 AM, the survey team met with the two Regional LNHA, Regional Registered Nurse, and DON. The facility management had no additional information provided.
NJAC 8:39-19.4 (a)
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Comprehensive Care Plan
(Tag F0656)
Could have caused harm · This affected multiple residents
Based on observation, interview, and review of medical records, it was determined that the facility failed to develop a person-centered comprehensive care plan to address: a) the use of antipsychotic ...
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Based on observation, interview, and review of medical records, it was determined that the facility failed to develop a person-centered comprehensive care plan to address: a) the use of antipsychotic medication for 1 of 5 residents (Resident #15); b) use of anticoagulant medication for 1 of 2 residents (Resident #15); c) use of pain medication for 1 of 3 residents (Resident #61); and, d) wandering behavior for 1 of 3 residents (Resident #95) for a total of four months.
The deficient practice was evidenced by the following:
1. The surveyor reviewed Resident#15 and revealed the following:
On 10/17/22 at 6:33 AM, the surveyor observed Resident #15 in their room, lying in bed asleep but easily awaken by verbal stimulation.
The admission Record (admission summary) reflected that the resident was admitted to the facility and had diagnoses that included Paroxysmal atrial fibrillation (abnormal heartbeat) and adjustment disorder with mixed anxiety and depressed mood.
The admission Minimum Data Set (AMDS), an assessment tool with an assessment reference date (ARD) of 7/25/22, revealed a Brief Interview for Mental Status (BIMS) score of 3 out of 15, which reflected that the resident had a severely impaired cognition.
The October 2022 Order Summary Report (OSR) revealed physician orders (PO) that included the following medications:
Apixaban (blood thinner) Tablet 5 mg (milligram) to give 1 tablet (tab) by mouth every 12 hours for Afib with an order date of 7/18/22.
Risperdal (antipsychotic medication) Tab 0.25 mg Give 1 tab by mouth one time a day for Dementia with Behavioral D/O Target behavior of yelling, resistance to care, pacing with an order date of 8/23/22.
There was no comprehensive care plan for the use of anticoagulant (blood thinner) and antipsychotic medications. It did not reflect that the resident was on antipsychotic and anticoagulant medications and/or included documented interventions to monitor for the presence of and to reduce the risk for adverse consequences.
On 10/19/22 at 11:32 AM, the surveyor interviewed the first-floor Licensed Practical Nurse/UM#1 (LPN/UM#1) in the presence of another surveyor. LPN/UM#1 stated that she was responsible to initiate and update care plans for all the residents in her unit. She also stated that residents on anticoagulant and psychoactive medications should have a care plan for it. She acknowledged that Resident#15 was on antipsychotic and anticoagulant medications and that there was no care plan for antipsychotic and anticoagulant medications developed for the resident.
On 11/01/22 at 01:02 PM, the survey team met with Regional Licensed Nursing Home Administrators #1 (RLNHA#1) and #2, Director of Nursing (DON), and Regional Registered Nurse (RRN)met with the survey team. The surveyor discussed with the administrative team the above concerns.
On 11/03/22 at 11:36 AM, the DON acknowledged that there was no careplan initiated for Resident#15's antipsychotic and anticoagulant medications. The DON informed the surveyor that anticoagulant and antipsychotic medications care plans were developed for the resident after the surveyor's inquiry.
2. On 10/13/22 at 11:47 AM, the surveyor observed Resident #61 in the activity room sitting on a rolling walker. The resident was alert and was participating in activities with other residents.
The surveyor reviewed the resident's medical records.
The admission Record (AR) reflected that Resident #61 was admitted to the facility with diagnoses that included but were not limited to Schizoaffective disorder (a mental disorder characterized by disruption of thoughts), Major Depressive Disorder (persistently depressed mood and long-term loss of pleasure or interest life) and Type 2 Diabetes (impairment in the way the body regulates glucose).
The Quarterly MDS (QMDS) with an ARD of 9/01/22, revealed a BIMS score of 14 out of 15 which indicated that the resident was cognitively intact. The 9/01/22 QMDS showed that the resident had a pain scale of 7 which indicated that the pain was severe.
The October 2022 OSR revealed physician orders (PO) dated 8/11/22 for Gabapentin 400 mg 1 capsule by mouth every 6 hours for pain and a PO dated 10/13/22 for Tramadol 50 mg 1 tab every 6 hours as needed (PRN) for moderate to severe pain.
There was no comprehensive individualized care plan initiated for pain.
On 10/19/22 at 11:30 AM, the surveyor interviewed the 1st-floor LPN/UM#1. LPN/UM#1 stated that it's her responsibility as a UM to initiate and update the care plan for all the residents in her unit. She further stated that if a resident is on pain medication they should have a pain care plan. The UM acknowledged that the resident had no pain care plan.
On 11/01/22 at 01:10 PM, the survey team met with the two RLNHA, DON, and the RRN and were made aware of the above concerns.
3. On 10/13/22 at 11:42 AM, the surveyor observed Resident #95 laying on the bed with their eyes closed.
The surveyor reviewed the resident's medical records.
The AR indicated that the resident had diagnoses that included Encephalopathy (an altered mental state), Alzheimer's Disease (a type of brain disorder that causes problems with memory, thinking, and behavior), major depressive disorder, anxiety disorder, and unspecified dementia with behavioral disturbance.
The 9/23/22 QMDS revealed a BIMS score of 5 out of 15, which reflected that the resident's cognition was severely impaired.
According to the 6/18/22 Health Status Note of LPN#1 resident occasionally wanders in and out of other resident's rooms. calm verbal redirection successful after several attempts .
A review of the resident's individualized care plan revealed that no care plan was initiated for the resident's wandering behavior.
On 10/18/22 at 9:59 AM, the surveyor interviewed Certified Nursing Aide#1 (CNA#1) about Resident #95. CNA#1 stated that the resident was cognitively impaired, with variable appetite, and was a wanderer (a person who roams about without a fixed route or destination). She further stated that the resident was redirectable when staff observed the resident wandering from room to room.
On 10/20/22 at 8:59 AM, the surveyor interviewed CNA#2 in the presence of the survey team. CNA#2 stated that Resident #95 was cognitively impaired, refused care at times, and was a wanderer which was not something new to the resident.
On 10/31/22 at 02:06 PM, the survey team met with RLNHA#1, RRN, and the DON and were made aware of the above concern regarding the care plan not initiated for Resident #95's wandering behavior from 6/18/22 through October 2022 for a total of four months.
On 11/01/22 at 12:56 PM, the survey team met with RLNHA#1 and #2, RRN, and the DON. The RRN acknowledged that a care plan for wandering behavior should have been initiated. The DON stated that it was the responsibility of the Unit Manager (UM) to initiate the care plan.
On 11/03/22 at 10:37 AM, the surveyor interviewed LPN/UM#2 in the 2nd-floor unit regarding the resident's care plan. LPN/UM#2 stated that she was not responsible for initiating the wandering care plan in June 2022 because she was not the UM at that time. She further stated that she started working as a UM on 7/26/22.
A review of the Use of Psychotropic Drugs policy revised 09/2022 reflected The effects of the psychotropic medications on a resident's physical, mental, and psychosocial well-being will be evaluated on an ongoing basis, such as: d. In accordance with nurse assessments and medication monitoring parameters consistent with and the resident's comprehensive plan of care.
The facility Anticoagulant Policy revised 09/2022 reflected The resident's plan of care shall alert staff to monitor for adverse consequences. It also indicated that The resident's plan of care shall include interventions to minimize risk of adverse consequences.
A review of the facility's policy for Pain Management that was undated and was provided by the DON revealed the following:
The facility must ensure that pain management is provided to residents who require such services, consistent with professional standards of practices, the comprehensive person-centered care plan and the residents' goals and preference.
A review of the facility's Comprehensive Care Plans dated 09/2022 that was provided by the RRN included It is the policy of this facility to develop and implement a comprehensive person-centered care plan for each resident, consistent with resident rights, that includes measurable objectives and timeframes to meet a resident's medical, nursing, and mental and psychosocial needs that are identified in the resident's comprehensive assessment .Policy Explanation and Compliance Guidelines: .5. The comprehensive care plan will be reviewed and revised by the interdisciplinary team after each comprehensive and quarterly MDS assessment. 6. The comprehensive care plan will include measurable objectives and timeframes to meet the resident's needs as identified in the resident's comprehensive assessment. The objectives will be utilized to monitor the resident's progress. Alternative interventions will be documented, as needed .
NJ 8:39-11.2(d); (e)(1-2); (i); 27.1(a)
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Pharmacy Services
(Tag F0755)
Could have caused harm · This affected multiple residents
Based on observation, interview, and record review, it was determined that the facility failed to ensure daily inventory reconciliation (count) of controlled substance medications (narcotic medication...
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Based on observation, interview, and record review, it was determined that the facility failed to ensure daily inventory reconciliation (count) of controlled substance medications (narcotic medications) from August 2022 until October 24, 2022, as per facility policy. This deficient practice was identified for one of one electronic emergency (backup) storage machine [name redacted] and was evidenced as follows:
On 10/24/22 at 11:04 AM, the surveyor requested the [name redacted] Controlled Substance Report (CSR) from the Director of Nursing (DON).
On 10/24/22 at 11:30 AM, during an interview with the surveyor, the DON informed the surveyor that the backup machine was checked for the minimum and maximum quantity inventory limits, and expired medications, were audited and counted every day. This task was completed by her (the DON) and the Unit Managers (UMs). The DON further stated that this task was also required of the Assistant Director of Nursing (ADON), and at that time was a vacant position.
On 10/24/22 at 11:49 AM, the surveyor in the presence of the second-floor Licensed Practical Nurse/Unit Manager (LPN/UM) and the DON entered the room that contained the backup machine. The surveyor observed that the facility did not have a backup paper narcotic log (narcotic log; paper version of the CSR). The DON and LPN/UM confirmed that the facility did not have a narcotic log for the backup machine. The DON also stated that the backup machine displayed the name of the narcotic medication but not all the narcotic medication had a corresponding quantity displayed. The DON was uncertain about how to print the CSR.
At that time, the unit inspection of the backup machine could not be conducted without the CSR or the narcotic log.
On 10/24/22 at 12:25 PM, the surveyor received the CSR for October 1, 2022, to October 24, 2022, from the Regional DON (RDON).
On 10/24/22 at 01:22 PM, the surveyor in presence of LPN/UM and RDON conducted the unit inspection of the backup machine.
At that time, the surveyor reviewed the CSR which indicated the name of the medication, date, time the machine was used, name of the patient [the intended resident recipient of the medication], quantity before removal, dose(s) removed from the machine, quantity remaining after removal, names of the employees involved, discrepancy reason, the daily log when the narcotics were reconciled for accountability and quantity remaining (on-hand) of each narcotic during the nurses' shift to shift change.
Further review of the report from 10/01/22 to 10/24/22, revealed that 19 of 19 narcotic medications were not counted daily to verify the on-hand remaining during the nurses' shift-to-shift change.
On 10/24/22 at 01:30 PM, the surveyor interviewed the LPN/UM who confirmed the facility did not have a narcotic log for the backup machine. The LPN/UM stated she worked Monday through Friday and the Registered Nurse (RN) scheduled on the weekend completed the weekend on-hand counts. LPN/UM was unable to recall the process in the event of a discrepancy occurring during the on-hand count.
On 10/24/22 at 03:15 PM, the surveyor received the CSR for August 2022 to September 2022, which reflected the following:
-September 2022, 19 of 19 narcotic medications were not counted daily to verify the on-hand remaining during the nurses' shift to shift change.
-August 2022, 19 of 19 narcotic medications were not counted daily to verify the on-hand remaining during the nurses' shift to shift change.
On 10/24/22 at 04:30 PM, during an interview with the surveyor, the RDON stated that the CSR was used as an audit tool for narcotic count inventory. He acknowledged the missing dates on the CSR for August 2022, September 2022, and October 2022. The RDON stated that the narcotic audit for accountability and reconciliation should have occurred daily and was important for replenishment of stock, accuracy, and diversion. The RDON further stated the matter was addressed after surveyor inquiry.
A review of facility policy provided, Controlled Substance last reviewed 08/22, include but was not limited to the following:
Policy
It is the policy of this facility to promote, safe high quality patient care, compliant with state and federal regulations regarding monitoring the used of controlled substances. The facility will have federal safeguards in place to prevent loss, diversion, or accidental exposure.
Policy Explanation and Compliance Guidelines
General Protocols
2.
The Director of Nursing (DON) as designated by the facility, will be responsible for ensuring the facility's compliance with the terms of the policy.
Accounting for Back-Up stock Controlled Substances.
1.
Back-Up Controlled Substances will be counted daily by the incoming and outgoing Unit Manager/Nurse Supervisor/Designee for accuracy of the number of doses currently on hand
NJAC 8:39-29.4(k); 33.1(d)
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Drug Regimen Review
(Tag F0756)
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 follow up on the Consultant Ph...
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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 follow up on the Consultant Pharmacist's (CP) recommendations and report of irregularities for 4 of 27 residents (Resident #29, #46, #47, and #95) reviewed for Medication Record Review (MRR).
This deficient practice was evidenced by the following:
1. On 10/13/22 at 11:28 AM, the surveyor interviewed Resident #29 in the resident's room. The resident was cognitively intact, appeared calm and pleasant.
The surveyor reviewed the resident's medical records.
The admission Record (or face sheet; an admission summary) reflected that the resident was admitted to the facility with a diagnoses that included but were not limited to Essential hypertension (primary high blood pressure), anxiety disorder (excessive worrying and fear that can affect your everyday life) and major depressive disorder.
The Quarterly Minimum Data Set (QMDS), an assessment tool used for the management of care dated 8/08/22, revealed a Brief Interview for Mental Status (BIMS) score of 13 out of 15 which indicated that the resident was cognitively intact.
The June 2022 through October 2022 electronic Medication Administration Record (eMAR) included a documented Physician Order (PO) dated 5/10/22 for Ativan 0.5 mg (milligram) to give one tablet (tab) by mouth every 6 hours as needed (PRN) for anxiety disorder.
The June 2022 eMAR documented the use of Ativan 0.5mg give one tab every 6 hours PRN for anxiety disorder 6 times for the month. There was no further documentation in the medical record which showed that Ativan was used after June of 2022.
Review of the CP Therapeutic Suggestions (MRR) sheets presented to the facility on 9/01/22 referred for Resident #29, A duration must be specified for PRN psychoactive medications. First order is limited to only 14 days, but if rationale documented by prescriber to continue order, then the next duration may be longer, i.e.,30,60, or 90 days. Please update order for Ativan per CMS regulations.
The above CP Evaluation for Resident #29 revealed that the CP recommended on 5/27/22, 7/28/22 and 8/30/22 that the PRN Ativan needed a duration.
On 11/1/22 at 01:07 PM, the surveyor brought the concern to the Director of Nursing (DON). The surveyor after reviewing the CP Therapeutic Suggestions which showed no responses from the physician asked the DON if she can supply the surveyor with the physician responses.
At that time, the DON was unable to provide the physician responses to the CP Therapeutic suggestion. Then the surveyor asked the DON who reviews the CP Therapeutic Suggestions. The DON stated that the CP Therapeutic Suggestions are reviewed by the Unit Manager (UM) and it was the UMs job to notify the physician. The DON acknowledged that the physician should have responded to the CP Therapeutic Suggestions.
The surveyor was unable to interview the first floor UM because she was on vacation.
A review of the facility's policy for Use of Psychotropic Medications that was undated and was provided by the DON and indicated the following:
PRN orders for all psychotropic drugs shall be used only when the medication is necessary to treat a diagnosed specific condition that is documented in the clinical record and for a limited duration (i.e 14 days).
2. On 10/17/22 at 6:24 AM, the surveyor observed Resident #46 laying on the bed, calm and pleasant while conversing with Certified Nursing Aide#1 (CNA#1).
The surveyor reviewed the medical records of Resident #46.
The admission Record (AR) showed that the resident was admitted to the facility with diagnoses including, but not limited to the following: Diabetes (high blood sugar), major depressive disorder, hypertension (elevated blood pressure), and spinal stenosis (narrowing of the spine).
The QMDS dated [DATE] had a BIMS score of 3 out of 15, meaning the resident had severe cognitive impairment.
The PO dated 6/14/22 included Midodrine HCL Tab 5 mg to give one tab by mouth three times a day for hypotension (low blood pressure) and to hold for SBP (systolic blood pressure) less than 110.
The above order was transcribed to the eMAR for July, August, and September 2022. There were 11 of 31 days in July 2022, 14 of 31 days in August 2022, and 17 of 31 days in September 2022 in eMAR that the medication Midodrine was given beyond the parameter (a certain number when you would not give the medicine).
The CP MRR from July 2022 through September 2022 showed that there was a review that the Midodrine medication was being administered outside of the parameters, which means that the PO dated 6/14/22 was not being followed and that medication was being given when the blood pressure was greater than 110.
The above CP MRR was seen on 7/28/22, 8/30/22, and 9/29/22 the pharmacist's monthly reports that the Midodrine is not always held as required by the physician hold order, advising the facility to please review, and follow physician orders.
On 11/01/22 at 11:55 AM, the surveyor interviewed the second-floor nurse regarding the medication Midodrine. Licensed Practical Nurse#1 (LPN#1) stated that Midodrine was given to residents with low blood pressure, and doctors usually order a parameter for blood pressure. The surveyor asked the nurse what could happen if the resident was given the medicine when the blood pressure was outside of the parameters, and the nurse said the resident would end up with high blood pressure.
On 11/01/22 at 12:00 PM, the surveyor interviewed the first-floor nurse LPN#2 who was caring for Resident #46. LPN#2 stated that the resident's blood pressure was monitored, and the resident had an order not to give the medication if the SBP was greater than 110. LPN#2 further stated that Resident 46's SBP was 112 today, so it was not given. LPN#2 then told the surveyor that the resident does not need the medication much because the blood pressure was higher than the parameter.
On 11/01/22 at 01:33 PM, during an interview of the surveyor with the DON. The DON explained that if there were any recommendations, the unit manager would get the information and address the issues that were presented by the pharmacy consultant.
3. On 10/13/22 at 10:39 AM, the surveyor observed Resident #47 seated in a wheelchair, awake and alert. The resident was able to maintain eye contact and smiled at the surveyor; however, he/she did not respond to the surveyor's inquiry.
The surveyor reviewed Resident #47's hybrid medical records:
The AR showed that the resident was admitted to the facility with diagnoses that included Unspecified dementia with behavioral disturbance, unspecified severe protein-calorie malnutrition, generalized anxiety disorder, and major depressive disorder.
The Annual MDS (AMDS) dated [DATE] and QMDS dated [DATE], revealed a BIMS score of 0 out of 15, which reflected that the resident had a severely impaired cognition.
The Order Summary Report (OSR) reflected a PO with an order date of 8/25/22 that included Health Shake three times a day for Weight gain DOCUMENT % OF AMOUNT CONSUMED.
The OSR reflected a PO with an order date of 8/23/22 that included Magic Cup one time a day DOCUMENT % OF AMOUNT CONSUMED and Super Cereal one time a day DOCUMENT % OF AMOUNT CONSUMED.
The CP's Monthly Report dated 8/31/22 reflected a pharmacy recommendation for nursing to update order to include documentation of amount consumed for the supplement Super Cereal, Magic Cup, and Healthshake.
The September and October 2022 eMAR reflected the following PO:
Health Shake three times a day for Weight gain 4 oz (ounces) that was plotted to be given at 1000 (10:00 AM), 1400 (02:00 PM), and 2100 (9:00 PM).
Super Cereal one time a day was plotted at 0800 (8:00 AM).
Magic Cup one time a day was plotted at 1200 (12:00 PM).
There was no documented evidence of accountability for the resident's amount of consumption of the health shakes, super cereal, and magic cup supplements in the September and October 2022 eMAR. The above recommendations of the CP on 8/31/22 was not followed.
On 10/25/22 at 10:13 AM, the surveyor interviewed LPN#2. She acknowledged that the resident has PO for a health shake, magic cup, and super cereal. She informed the surveyor that the magic cup and super cereal came with the resident's meal trays while the health shakes were given separately.
During the interview, LPN#2 informed the surveyor that the consumption amount for the super cereal, health shake, and magic cup should be documented in the resident's eMAR. The LPN acknowledged that there was no actual physical amount recorded in the resident's eMAR from June 2022 through October 2022. She stated that there was no evidence of accountability for the resident's consumption amount for these supplements.
On 10/25/22 at 10:30 AM, during the follow up interview of the surveyor with LPN#2, LPN#2 informed the surveyor that the CP comes to the facility once a month. She stated that if there were CP's recommendations, the CP will immediately verbally notify the UM, then the UM would carry out the recommendations. She further stated that the typed written CP recommendations will be send to the UM in about a week or so. Additionally, LPN#2 stated that the UM was responsible for carrying out the CP's recommendations.
On 10/26/22 at 11:41 AM, CNA#2 informed the surveyor that the resident received a health shake at 10 AM and 2 PM during her 7-3 shift. She also stated that the resident received super cereal with the breakfast tray and a magic cup with the lunch tray. She informed the surveyor that she observed the resident take these supplements with variable amounts depending on the resident's mood, from 25-100%. She stated that she reported the supplement consumption amount to the nurse. However, she acknowledged that there was no accountability for the supplement amount consumption because there was no paper form to document them.
On 11/1/22 at 01:02 PM, the two Regional LNHA, DON, and Regional RN (RRN) met with the survey team and were made aware of the above concerns.
4. On 10/13/22 at 11:42 AM, the surveyor observed Resident #95 laying on the bed with their eyes closed.
The surveyor reviewed the resident's medical records:
The AR disclosed that the resident had diagnoses that included but were not limited to Alzheimer's disease (A type of brain disorder that causes problems with memory, thinking, and behavior. This is a gradually progressive condition), essential hypertension (elevated blood pressure), unspecified dementia with behavioral disturbance, anxiety disorder, and major depressive disorder.
The AMDS dated [DATE] showed that the resident had a BIMS score of 5 out of 15 which means that the resident's cognition was severely impaired.
The October 2022 OSR showed an active order dated 6/20/22 for Super Cereal one time a day for weight maintenance 6 oz.
From June 2022 through October 2022, the eMAR revealed that the above corresponding physician's orders for the Super Cereal did not include the documentation of the amount consumed for the supplement.
The Consultant Pharmacist's Monthly Report (CPMR) dated 6/21/22 reflected the CP's recommendation to Please update order to include documentation of amount consumed for the supplement Super Cereal.
A review of the June, July, August, September, and October 2022 eMAR showed that the super cereal amount intake was not documented and the recommendation of the CP's on 6/21/22 was not followed.
On 10/18/22 at 11:18 AM, the surveyor interviewed the Registered Nurse (RN). The RN stated that it was the UM's responsibility to respond to the CP's review and recommendations. She further stated that the resident is currently on specialized fortified food and supplements. The RN indicated that the resident's appetite varies. The surveyor asked the RN if she documented the amount of the supplements and the RN had no answer.
On 10/31/22 at 02:06 PM the survey team met with Regional LNHA#1, RRN, DON, and surveyor to discuss the above concerns.
On 11/01/22 at 12:56 PM, the survey team met with Regional LNHA #1 and #2, RRN, and the DON. The surveyor asked the facility management who was responsible for addressing the CP's recommendations. The DON stated that it was the UM's responsibility to respond to the CP's MRR. Then the surveyor asked why it was not done, the facility management did not respond. Later on, the DON stated that UM in the 2nd-floor unit was not the UM at that time on June 2022 which is why the 6/21/22 MRR recommendations were not followed.
On 11/03/22 at 10:37 AM, the surveyor interviewed the Licensed Practical Nurse/UM (LPN/UM) in the 2nd-floor unit. The LPN/UM informed the surveyor that she started as a UM in the facility on 7/26/22. She further stated that she was not responsible for the 6/2022 MRR recommendations of the CP and that she started doing the MRR in September 2022. She indicated that she was aware of the responsibility of the UM to make sure that the MRR recommendations will be followed up and that the supplement should be recorded in the eMAR with the amount intake.
A review of the facility's Medication Regimen Review dated 9/2022 that was provided by the DON, included Policy Explanation and Compliance Guidelines: 1. Medication Regimen Review (MRR), or Drug Regimen Review, is a thorough evaluation of the medication regimen of a resident, with the goal of promoting positive outcomes and minimizing adverse consequences and potential risks associated with medication 7. Timelines and responsibilities for Medication Regimen Review: .f. Facility staff shall act upon all recommendations according to procedures for addressing medication regimen review irregularities.
On 11/03/22 at 11:36 AM, the survey team met with Regional LNHA #1 and #2, RRN, and the DON. There was no additional information was provided by the facility team.
NJAC 8:39-29.3 (a) (1) (6)
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0868
(Tag F0868)
Could have caused harm · This affected multiple residents
Based on interview and record review, it was determined that the facility failed to ensure the Quality Assurance Performance Improvement (QAPI) committee was composed of the required committee members...
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Based on interview and record review, it was determined that the facility failed to ensure the Quality Assurance Performance Improvement (QAPI) committee was composed of the required committee members that meet at least quarterly for two of three quarters reviewed.
This deficient practice was evidenced by the following:
On 10/13/22 at 10:04 AM, during the Entrance Conference meeting with the Licensed Nursing Home Administrator (LNHA), Director of Nursing (DON), and the Quality Assurance/Regional Registered Nurse (QA/RRN), the LNHA stated that the facility conducted quarterly QAPI meetings. The surveyor asked the facility to provide a copy of the last three quarters' sign-in sheets, the QAPI policy and plan.
On 10/14/22 at 9:01 AM, the DON provided a copy of the 1/27/22 QAPI Sign-In sheet with Department Signatures which revealed that the LNHA and Medical Director (MD) were not present during the meeting. In addition, on 4/28/22 the QAPI Sign-In sheet revealed that the LNHA did not attend the meeting. The third quarter sign-in sheet was not provided.
On 10/17/22 at 10:50 AM, the DON provided the 7/15/22 QAPI Sign-In sheet which revealed that the LNHA was not present at the meeting.
On 10/18/22 at 9:01 AM, the survey team met with the LNHA and the DON and informed them of the above concerns.
On 10/18/22 at 10:11 AM, the surveyor interviewed the MD via phone. The MD stated that he was the MD for less than a year now, and he was not sure if he started back in December 2021. The MD stated that he was always available via phone and that he was aware that the facility had monthly and quarterly QAPI meetings. He further stated that he gets the QAPI meeting minutes and information through the LNHA. He indicated that at the time he was unable to leave the hospital and if he was needed at the facility, the facility could call him, and/or meet would with the LNHA afterward.
On that same date and time, the MD stated that he was not sure if he attended the QAPI meeting on 01/27/22 because I think I was on call at the hospital, and usually when I am not there, the following day I will meet with the LNHA and discuss what was discussed in the QAPI.
On 10/18/22 at 02:55 PM, the surveyor informed the LNHA that the MD called back and was interviewed regarding the QAPI meetings.
At that same time, the LNHA stated that the MD means well, just caught in hospital responsibilities. The LNHA further stated that the MD was always invited at the QAPI meetings but at times will come in after an hour of the QAPI meeting. Furthermore, the LNHA informed the surveyor that at times the MD will not attend the meeting, the LNHA will discuss what was presented in the QAPI meeting, and then the MD would sign the QAPI Sign-In sheet even though the MD was not present on the day of the QAPI meeting. The LNHA acknowledged that the MD should have attended the 1/27/22 and other QAPI meetings as was required and per facility policy and protocol.
On 11/02/22 at 10:34 AM, the survey team met with Regional LNHA#1 and #2, and the DON. The DON stated that the QAA (Quality Assessment and Assurance) committee existed at the facility. The Regional LNHA#1 further stated that the committee meet quarterly.
On that same date and time, the surveyor asked the two regional LNHA's and the DON, who were the QAA (or QAPI) committee required members and what was the requirement with regard to attendance at the QAPI meeting. The Regional LNHA#1 stated that the key personnel for the QAPI meeting that should be in attendance should be the LNHA, DON, and Medical Director. She further stated that when the MD was not available on the phone on the day of the QAPI meeting, the LNHA would brief the MD about the QAPI meeting like later on the day. Then, the surveyor asked the Regional LNHA#1 if that was the regulation requirement, and the Regional LNHA#1 stated that it was not. The Regional LNHA#1 acknowledged that the regulation indicated that the required members should attend the QAPI, otherwise it should be rescheduled.
At that time, the surveyor informed the two Regional LNHAs and the DON about the above concerns with QAPI Sign-In sheets and the surveyor's interview with the MD and the LNHA.
On 11/02/22 at 12:01 PM, the surveyor showed the RRN and Regional LNHA#1 the provided QAPI Sign-In sheets of the DON. The Regional LNHA#1 stated that she acknowledged the concern with QAPI meeting attendees and the discrepancies, they knew the problem and that was why the LNHA was terminated.
On 11/03/22 at 9:35 AM, the survey team met with the RRN, Regional LNHA#1, and the DON. The Regional LNHA#1 provided a copy of the LNHA's time records from 1/23/22 through 2/05/22, and 4/17/22 through 4/30/22, which revealed that the LNHA did not work on 1/27/22 which was why the LNHA did not sign the 1/27/22 QAPI meeting sheet.
At that same time, the facility was unable to provide the LNHA's time records on 7/15/22 for the QAPI Meeting which would have reflected that the LNHA was present during the meeting.
A review of the facility's Quality Assurance and Performance Improvement policy that was provided by the DON with a revised date of 9/2022 included Policy Explanation and Compliance Guidelines: 1. The QAPI program includes the establishment of a Quality Assessment and Assurance (QA) Committee and a written QAPI Plan. 2. The QA Committee shall be interdisciplinary and shall: a. Consist at a minimum of: i. The Director of Nursing; ii. The Medical Director or his/her designee; iii. At least three other members of the facility's staff, at least one of which much be the administrator; owner, a board member or other individual in a leadership role; and iv. The infection Control and Prevention Officer .
A review of the facility's Medical Director Responsibilities Policy dated 2019 that was provided by the Regional DON included Policy Explanation and Compliance Guidelines: 4. The Medical Director's responsibilities include participation in: b. Issues related to the coordination of medical care identified through the facility's QA committee and other activities related to the coordination of care; .d. Participate in the Q.A. Committee .
On 11/03/22 at 11:36 AM, the survey team met with the RRN, DON, and Regional LNHA#1 and #2 and there was no additional information provided by the facility.
NJAC 8:39-33.1(b)(e)
MINOR
(C)
Minor Issue - procedural, no safety impact
Deficiency F0888
(Tag F0888)
Minor procedural issue · This affected most or all residents
Based on interview and record review, it was determined that the facility failed to: a.) ensure that staff was up-to-date on their COVID-19 vaccinations for one (1) of five (5) staff reviewed for comp...
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Based on interview and record review, it was determined that the facility failed to: a.) ensure that staff was up-to-date on their COVID-19 vaccinations for one (1) of five (5) staff reviewed for compliance, b.) track staff who had not received a booster and inaccurately identified the staff member as medically exempt for one of one reviewed for a medical exemption, and c.) update and implement their facility policy and delineate a contingency plan for not up-to-date vaccinated staff in accordance with Federal and State guidelines.
This deficient practice was evidenced by the following:
Reference: According to the Centers for Medicare and Medicaid Services (CMS) QSO-23-02-ALL Revised Guidance for Staff Vaccination Requirements, dated 10/26/22 . A process for tracking and securely documenting information provided by those staff who have requested, and for whom the facility has granted, an exemption from the staff COVID-19 vaccination requirements And establish Contingency plans for staff who are not fully vaccinated for COVID-19.
Reference: According to the New Jersey Executive Directive NO. 21-011 (2nd Revision), dated 9/2/22 'Up to date with COVID-19 vaccinations' means that covered workers in health care and high-risk congregate settings received a primary series (either a 2-dose primary series of a COVID-19 vaccine or a single-dose primary series COVID-19 vaccine) and the first booster dose for which they are eligible as recommended by the CDC.
.Each such covered setting (e.g., employer) shall maintain the following information .: a. Exemptions from COVID-19 vaccination participation: i. Number of covered workers who have a documented medical exemption from COVID-19 vaccination .
On 10/13/22 at 10:04 AM, during an entrance conference, the surveyor met with the Licensed Nursing Home Administrator (LNHA), the Director of Nursing (DON), and the Registered Nurse (RN) Quality Assurance (QA) / Regional Nurse. The administrative team stated that they were in an outbreak with one positive resident from the date 10/08/22.
At that time, the administrative team informed the surveyor that the DON was also the facility's Infection Preventionist Nurse (IPN) and was responsible for the infection control program as well as oversight of the Covid-19 vaccination effort.
On 10/31/22 at 11:45 AM, the surveyor met with the DON and requested documentation for the vaccination status of five staff members. The DON also stated that the last COVID-19 clinic was probably on 9/21/22.
On 11/01/22 at 8:50 AM, the surveyor reviewed the COVID-19 immunization documentation provided by the Regional RN (RRN) which reflected that 1 of the 5 staff reviewed, a Certified Nurse Aide (CNA) had vaccinations and 9/21/21 and 10/12/21, had no documented evidence of a booster and was indicated as medically exempt.
On 11/01/22 at 12:09 PM, the surveyor interviewed Regional LNHA#1 (RLNHA#1) and RRN in the presence of the survey team. The surveyor was provided with a copy of the CNA's vaccination card which indicated that she was vaccinated on 9/21/21 and 10/12/21. In addition, the surveyor was provided with a signed copy of a Declination of COVID-19 Vaccination dated 9/21/22, which indicated that the CNA wanted to discuss the vaccination with her primary care physician. The surveyor requested a copy of the CNA's medical exemption documentation and LNHA#1 stated that the facility did not have any documentation.
At that time, the surveyor informed RLNHA#1 and the RRN about the New Jersey Department of Health (NJDOH) regulations in regard to facility staff is required to be fully vaccinated and with one booster. The RRN stated that I thought the medical exemptions are only for the primary vaccinations.
On 11/02/22 at 9:07 AM, the surveyor interviewed the DON in the presence of the survey team. The DON stated that she was responsible for the COVID-19 vaccination status for staff, and the documentation for tracking according to regulation. She further stated that it had been the responsibility of the previous IPN and right now it's me. The DON stated that she tracked everything for the most part and that this CNA fell through the crack in regard to following up on a medical exemption. She further stated that she thought the CNA had a medical exemption and acknowledged that it was not accurately tracked. The DON also acknowledged that the facility vaccination policy should have included the updated NJDOH guidance about Executive Orders and Executive Directives.
On 11/03/22 at 9:35 AM, the surveyor team met with RLNHA#1, the RRN, and the DON. The surveyor again reviewed concerns regarding the tracking of a medical exemption for the CNA and the fact that the facility vaccination policy was not updated to include NJDOH guidance for COVID-19 boosters for staff.
On 11/03/22 at 11:50 AM, the survey team met with RLNA#1 and #2, the RRN, and the DON. The facility team was unable to provide additional information related to survey teams' vaccination concerns or concerns as to why the facility vaccination policy was not updated and the contingency plan was not delineated. In addition, despite the survey team's request, the CNA had not called prior to exit.
A review of the facility's policy Employee COVID-19 Vaccination with a revised date of 01/2022, reflected that It is the policy of this facility to ensure that all eligible employees are vaccinated against COVID-19 as per applicable Federal, State and local guidelines. The policy also reflected that the definition of a Booster was A dose of vaccine administered when the initial sufficient immune response to the primary vaccination series is likely to have waned over time. The policy further reflected that The facility will establish contingency plans in the event that staff have indicated that they will not get vaccinated and do not qualify for an exemption or staff who are not fully vaccinated due to an exemption or temporary delay in vaccination. The policy reflected that The facility will track and securely document the vaccination status of each staff member (current and as new employees are onboarded), to include: a. Individuals whose vaccination is delayed due to a clinical concern or consideration and the reason for the delay.
A review of the policy did not reflect that the staff was required to receive a booster vaccine, nor did it outline a contingency plan. The most recent guidance that the policy referenced was Centers for Medicare and Medicaid Services: QSO-22-09-ALL Guidance for the Interim Final Rule - Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination (January 14, 2022).
NJAC 8:39-5.1(a); 19.4(a)