CRITICAL
(K)
Immediate Jeopardy (IJ) - the most serious Medicare violation
Deficiency F0760
(Tag F0760)
Someone could have died · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, record review, and other pertinent facility documentation, it was determined that the facility ...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, record review, and other pertinent facility documentation, it was determined that the facility failed to ensure: a.) 2 of 3 anti-seizure medications (Vimpat and Keppra) ordered upon discharge from the hospital were appropriately discussed with the Physician for re-order, reconciled, received from the Provider Pharmacy, and administered in accordance with hospital discharge instructions for a resident with recent seizure activity (Resident #163), and b.) an anti-seizure medication (Vimpat) was available and administered as ordered for a second resident with a history of seizure disorders (Resident #27).
This deficient practice was identified for 2 of 3 residents reviewed for anti-seizure medication management (Resident #27 and #163).
Resident #163, who had a severe cognitive impairment, was admitted to the facility on [DATE] with active diagnoses which included traumatic subdural hemorrhage (a bleed in the area between the brain and skull) without loss of consciousness, syncope and collapse, and a seizure as recent as 1/21/22 in the hospital. The resident had a physician's order (PO) for an anti-seizure medication and controlled drug (Vimpat) to be given twice a day since admission. The medication was not administered for ten days from 2/7/21 until 2/17/22 at the 9:00 AM dose.
Further, the hospital discharge instructions indicated to continue on another anti-seizure medication (Keppra) but the resident was never started on the medication at the facility. There was no documented evidence as to why the Keppra was not re-ordered from admission to the facility on 2/7/21 through 3/1/22 when the resident was subsequently re-hospitalized , and there were no labs drawn to determine therapeutic levels. Interviews with the Director of Nursing (DON) who reconciled the resident's admission orders, indicated that she could not speak to why the Keppra was not re-ordered. The resident was not seen by the Attending Physician or a Nurse Practitioner until 2/24/22.
Resident #163 was never monitored for seizure activity while the medications were omitted, an alternate anti-seizure medication or other intervention was never discussed with the Physician or implemented while Vimpat was not available and while Keppra was not being given to prevent rebound seizure activity. A second resident, Resident #27, who had severe cognitive impairment had a physician's order dated 9/21/21 for the anti-seizure medication and controlled drug, Vimpat, twice a day for seizures. The Vimpat was neither available nor administered from 1/31/22 at 9:00 PM until 2/8/22 at 9:00 AM and again from 2/10/22 at 9:00 PM until 2/12/22 at 9:00 AM. There was no documented evidence that the physician was made aware that the medication was unavailable. Interviews and review of records revealed that some nurses were falsely documenting for the administration of the medication when it was not available, never sent from the pharmacy and it was not kept in a back-up supply of medications. There was no documented evidence of seizure monitoring, monitoring of side effects for omitted dosage, or an alternate anti-seizure medication or other intervention discussed with the Physician as a means to prevent rebound seizures.
The facility's failure to ensure all residents who had physician orders for anti-seizure medications were administered the doses as ordered or otherwise received the necessary follow-up and communication with the Physician, and the failure to implement ongoing monitoring for those residents for rebound seizures while therapeutic doses of those medications over periods of time were being omitted, posed a serious and immediate threat for adverse effects, including various seizure types which is likely to result in serious harm, impairment, or even death.
This resulted in an Immediate Jeopardy (IJ) situation that began on 1/31/22. The facility Administration was notified of the IJ on 3/4/22 at 2:44 PM. The facility submitted an acceptable written Removal Plan (RP) on 3/4/22 at 5:25 PM. The survey team verified the implementation of the Removal Plan during the continuation of the on-site survey on 3/7/22.
The non-compliance remained on 3/6/22 for no actual harm with the potential for more than minimal harm that is not immediate jeopardy.
The evidence was as follows:
A review of the Manufacturer specifications for the anti-seizure medication and controlled drug VIMPAT included, Highlights of Prescribing Information: WARNINGS AND PRECAUTIONS . VIMPAT should be gradually withdrawn to minimize the potential of increased seizure frequency. 5.5 Withdrawal of Antiepileptic Drugs (AEDs) As with all AEDs, VIMPAT should be withdrawn gradually (over a minimum of 1 week) to minimize the potential of increased seizure frequency in patients with seizure disorders.
A review of the Manufacturer specifications for the anti-seizure medication, Keppra included, Antiepileptic drugs, including KEPPRA, should be withdrawn gradually to minimize the potential of increased seizure frequency.
1. On 2/23/22 at 10:59 AM, the surveyor observed Resident #163 with his/her eyes closed in bed, appearing to be asleep. The surveyor observed that the bed was positioned low, floor mats were on both sides of the bed, and the resident was wearing a helmet on their head.
The next day on 2/24/22 at 9:56 AM, the surveyor observed the resident with their eyes closed in a bed positioned low with floor mats on either side on the bed. The surveyor observed that the resident was not wearing the helmet but it was placed on a nightstand next to the bed. The surveyor observed that the resident had a bandage applied to the right side of the forehead.
On 2/25/22 at 11:43 AM, the surveyor observed the resident with his/her eyes closed in bed appearing to be asleep. The bed was in the low position with floor mats on either side of the bed. The surveyor observed that the resident was not wearing the helmet and there was still bandage to the right side of the forehead.
The surveyor reviewed the medical record for Resident #163.
A review of the admission Record (an admission summary) reflected that the resident was admitted to the facility on [DATE] following a hospitalization. Diagnoses included traumatic subdural hemorrhage without loss of consciousness (hematoma), seizures, syncope and collapse, encounter for surgical aftercare following surgery on the nervous system, and a gastrostomy tube (a flexible feeding tube that is surgically placed through the abdominal wall into the stomach used as an alternate oral route).
The surveyor reviewed the hospital records for Resident #163 prior to the resident's admission to the facility which revealed the following:
A review of the Neurosurgery Health and Physical Noted dated 1/17/22 included that the [resident] has a past history of seizures and convulsions with a fall/syncope (temporary loss of consciousness caused by a fall in blood pressure) on 1/14/22 and was sent to the emergency room. The [resident] had a right forehead hematoma (pool of blood outside of blood vessels) from a previous fall and had a computed tomography scan (CT scan; multiple x-rays to create pictures of the head) which revealed an enlargement of the hematoma; the Neurosurgeon was consulted for possible intervention.
A review of a Nursing Note dated 1/17/22 at 5:49 AM, reflected that the [resident] was found sitting on the floor in the room with a big hematoma to the right side of the face and blood on the floor. The [resident] could not recall what happened, and a CT and x-ray were ordered.
A review of a Nursing Note dated 1/17/22 at 1:50 PM, reflected that the [resident] had neurosurgery at the bedside.
A review of a Nursing Note dated 1/21/22 at 8:15 AM reflected that at 6:21 AM, the [resident] started twitching, not responding to verbal commands. Blood sugar was rechecked, and vital signs were taken. At 6:45 AM, laboratory tests were drawn, and the physician ordered Keppra (anti-seizure medication) 2000 milligrams (mg); the first bag was hung [via the intravenous route].
A review of a Nursing Note dated 1/22/22 at 10:00 PM reflected that the resident had electroencephalography (EEG; method to record an electrogram of electrical activity on the scalp) and neurological checks (an assessment of an individual's neurological functions and level of consciousness to determine if a person is functioning correctly and reacting appropriately to tests) every two hours.
A review of a Nursing Note dated 1/25/22 at 8:05 AM, reflected that the resident had video EEG monitoring in progress with no observed seizure activity during the shift.
A review of the hospital discharge medications included the following anti-seizure medications:
1. Lacosamide (Vimpat) 10 milligram/milliliter (mg/mL) solution; give 10 mL (100 mg total) by feeding tube (FT) two times a day. Maximum daily dose 200 mg.
2. Keppra 500 mg tablet; give 2.5 tablets (1,250 mg total) by FT two times a day.
3. Valproate sodium (Depakene) 250 mg/5 mL oral liquid; give 15 mL (750 mg total) by nasogastric route (a tube that delivers food and medicine to the stomach from the nose) two times a day.
The surveyor continued to review the facility's medical record for Resident #163 upon admission to the facility on 2/7/22.
A review of the Progress Notes reflected an admission Progress Note dated 2/7/22 at 7:37 PM, which included that the resident was newly admitted to the facility from the hospital with slurred speech and severe cognitive impairment with an admission diagnosis of right temporal lobe subdural hematoma evacuation and history of seizures. The resident was admitted for sub-acute rehabilitation with sutures to [his/her] right temporal lobe and helmet to be worn out of bed.
A review of the admission Minimum Data Set (MDS), an assessment tool dated 2/14/22, reflected a Brief Interview for Mental Status (BIMS) score could not be determined, so staff conducted a cognitive assessment for the resident which determined that the resident had a short and long-term memory problem with a severely impaired decision-making capacity.
A review of the resident's individualized comprehensive Care Plan reflected a focus area initiated on 2/8/22 that the resident was at the facility for a short term stay with a goal to discharge to the community upon completion of sub-acute rehabilitation. A further review reflected a focus area for seizures initiated on 2/10/22 due to a history of subdural hematoma, which was evacuated status post craniectomy (surgery to remove a portion of the skull). The goal was to remain free of injuries related to seizure activity during the facility stay. Interventions included to give medications as ordered, and monitor/document for effectiveness and side effects; nurse will obtain and monitor laboratory/diagnostic work as ordered; and seizure precautions: do not leave alone during seizure, protect from injury if out of bed help to the floor to prevent injury, remove or loosen tight clothing, don't attempt to restrain during a seizure as this could make the convulsions more severe, protect from onlookers, draw curtain, etc. (etcetera; and the rest).
A review of the current physician Order Summary Report reflected the following physician's order (PO) for anti-seizure medications:
1. A PO dated 2/8/22 for Lacosamide (Vimpat) solution 10 mg/mL; give 10 mL via FT two times a day related to traumatic subdural hemorrhage.
2. A PO dated 2/7/22 for Valproate sodium (Depakene) solution 250 mg/5 mL; give 15 mL via FT two times a day related to traumatic subdural hemorrhage.
The Order Summary Report did not include a PO for the Keppra tablets in accordance with the hospital discharge medication list.
A review of the Medication Administration Record (MAR) for February 2022 reflected the following for order for the Vimpat: A PO dated 2/7/22 and discontinued 2/8/22 at 2:28 PM, for Vimpat 10 mg/mL; give 100 mg via FT two times a day. The nurses signed that the resident allegedly received the Vimpat on 2/7/22 at 9:00 PM and 2/8/22 at 9:00 AM. A review of the corresponding MAR for PO dated 2/8/22 reflected that from 2/8/22 at 9:00 PM through the 2/15/22 at 9:00 PM dose, the nurses signed a code 9, which indicated the medication was not given and other/see Nurse Notes. The same MAR reflected that the resident allegedly received the next doses of Vimpat beginning on 2/16/22 at 9:00 AM.
A review of the corresponding electronic Progress Notes (PN) for the above dates reflected the following Nurse Notes (NN):
For the 2/8/22 at 9:00 PM - NN at 9:07 PM that Pharmacy call, awaiting prescription delivery and Physician #1 made aware.
For the 2/9/22 at 9:00 AM - NN at 3:06 PM that needs a prescription.
For the 2/9/22 at 9:00 PM - NN at 10:29 PM awaiting delivery.
For the 2/10/22 at 9:00 AM - NN at 11:44 AM called Physician #1's office for a prescription.
For the 2/10/22 at 9:00 PM - NN at 10:47 PM with no additional information.
For the 2/11/22 at 9:00 AM - NN at 1:57 PM with no additional information.
For the 2/11/22 at 9:00 PM - NN at 10:56 PM, that medication ordered will administer upon delivery.
For the 2/12/22 at 9:00 AM - NN at 1:49 PM that medication not administered, and Pharmacy called.
For the 2/12/22 at 9:00 PM - NN at 11:05 PM awaiting a prescription.
For the 2/13/22 at 9:00 AM - no NN or additional information.
For the 2/13/22 at 9:00 PM - NN at 9:35 PM awaiting a prescription.
For the 2/14/22 at 9:00 AM - NN at 7:24 PM, no additional information.
For the 2/14/22 at 9:00 PM - NN at 10:13 PM, no additional information
For the 2/15/22 at 9:00 AM - NN at 12:01 PM that Physician #1 needs to send a prescription. An additional NN at 2:50 PM that Physician #1 was called due to needing a prescription and awaiting a callback. The NN further indicated that helmet must be worn at all times.
For the 2/15/22 at 9:00 PM - NN at 10:58 PM for awaiting delivery.
There was no documentation that the resident was being monitored for seizure activity or monitored for side effects of missing dosages of anti-seizure medications or that the Medical Director was notified in an effort to promptly communicate with a physician, when Physician #1 was not available.
A review of the Individual Patient Controlled Substance Administration Record (a declining inventory record used for the accountability of controlled drugs) reflected that 300 mL of Vimpat 10 mg/mL solution was filled on 2/16/22 and received by the facility on 2/17/22. The sheet reflected the first documented dose was on 2/17/22 (not on 2/16/22 at 9 AM as the MAR was allegedly signed). The time was not recorded when the 10 mL was administered on 2/17/22 and there was no balance remaining documented. The declining inventory record revealed there was only one dose removed from inventory on 2/17/22 and not two doses in accordance with the physician's order, but the MAR for February 2022 was signed to reflect the resident received two doses on 2/16/22, one at 9 AM and the second at 9 PM and again on 2/17/22 at 9 AM and 9 PM. The Individual Patient Controlled Substance Administration Record further reflected that the next dose that was signed out was on 2/18/22 for 10 mL. The space to record the time of removal was left blank, and the balance remaining was also left blank. The third time the medication was removed from inventory was 2/19/22 at 9:00 AM for 10 mL for a remaining balance of 270 mL. (This revealed that even when the facility had the medication available for the resident on 2/17/22, the resident only received one dose on 2/18/22, instead of the two doses daily as ordered).
On 3/3/22 at 12:09 PM, the surveyor interviewed the Licensed Nursing Home Administrator (LNHA), DON, Assistant Director of Nursing (ADON), and Corporate Nurse and requested for additional information regarding the blanks on the Individual Patient Controlled Substance Administration Record for the Vimpat delivered on 2/17/22.
On 3/4/22 at 10:12 AM, the LNHA stated in the presence of the DON, ADON, Corporate Nurse, and the survey team, that the facility completed an audit upon surveyor inquiry of the Individual Patient Controlled Substance Administration Record for the Vimpat received on 2/17/22, which revealed that the dose signed out on 2/17/22 with no recorded time and the 2/18/22 dose removed with the no recorded time were both signed by the evening nurses who gave the 9:00 PM doses. The LNHA stated that the nurses allegedly administered the 2/17/22 at 9:00 AM and 2/18/22 at 9:00 AM, but they forgot to document it on the Controlled Substance Administration Record. (There was no explanation as to why the remaining balance would indicate 270 mL total on 2/19/22 at 9 AM, which reflected only 30 mL was removed, instead if the resident received those doses then it should have have reflected 50 mL total was removed with a balance of 250 mL remaining as of 2/19/22 at 9 AM).
On 3/4/22 at 11:22 PM, the surveyor reviewed with the LNHA and the DON the Progress Notes written from 2/8/22 through 2/15/22 regarding the Vimpat and the conflicting documentation of waiting for the Pharmacy to deliver the medication and waiting on the prescription. The LNHA responded that he thought poor verbiage by the nurse was waiting for a prescription and not delivery.
At this time, the surveyor reviewed the February 2022 MAR for Vimpat with the LNHA and DON, which reflected that the nurses signed that the resident allegedly received Vimpat on 2/7/22 at 9:00 PM, 2/8/22 at 9:00 AM, 2/16/22 at 9:00 AM and 9:00 PM (which did not correspond with any declining inventory logs and the availability of the medication from the Pharmacy Provider). The DON stated that the resident did not receive those doses because the facility did not have the Vimpat until 2/17/22 at 4:30 AM. The DON also confirmed that the facility did not have Vimpat in their emergency back-up supply of controlled medications. The LNHA stated that the Vimpat was included in the resident's admission PO, and the facility was unable to reach Physician #1 to obtain a prescription for the Vimpat. When asked what the nurse should do in a situation where they cannot contact the physician, the LNHA stated that they should try to contact another Physician, including the Medical Director. When asked if any adverse reactions could occur from not receiving the Vimpat, the DON responded that it was an anti-seizure medication that was being administered to the resident for a hematoma and craniectomy. The DON confirmed that a person could have a seizure without observed physical activity or if staff were not present but stated that the resident had no observed seizure activity. When asked if the resident was placed on one-to-one supervision during this time, the DON responded no and acknowledged that the resident could have had an unobserved seizure, and delaying treatment or suddenly stopping an anti-seizure medication could trigger an adverse reaction or rebound seizures.
On 3/4/22 at 12:48 PM, the surveyor interviewed the resident's Registered Nurse (RN #1), who stated that the process for residents with seizures was to make sure side rails were padded, the head of the bed was elevated for safety, and make sure they have their seizure medications as prescribed. RN #1 stated that residents who did not receive their seizure medications could relapse and have a rebound seizure, and a resident could have a seizure without anyone knowing. RN #1 stated that there was no specific monitoring for residents with seizures, such as monitoring/checks at a certain time. RN #1 stated that Resident #163 was never observed out of bed or by the Nurse's Station that the resident always remained in bed. RN #1 stated that if you could not get in touch with the physician for a prescription, she would have to let the Supervisor know, and she confirmed that there were times she could not get in touch with the physician and told the Supervisor.
On 3/4/22 at 12:50 PM, the surveyor attempted to call Physician #1 via telephone with no response and a voice message system that indicated that the call was missed or do not want to speak with you.
On 3/4/22 at 12:55 PM, the surveyor confirmed Physician #1's phone number as dialed with the DON. The DON stated that since she had been at the facility, she had yet to meet Physician #1. The surveyor asked who transcribed and reconciled the resident's admission physician's orders, and the DON responded that she did.
On 3/4/22 at 12:57 PM, the surveyor team reviewed the resident's discharge PO from the hospital with the DON. The DON stated that the check next to the medication indicated that the physician wanted to continue with the medication and that she verified that the medication was in the computer. The surveyor showed the DON the checkmark next to the Keppra order, and the DON confirmed that the Keppra was ordered based on her documentation. At this time, the surveyor showed the DON the February 2022 MAR and asked her to find where the Keppra was transcribed for nurses to know it needed to be administered. The DON confirmed that the Keppra was not appearing on the MAR nor was it administered, and she would need to look into why. When asked if she would document if a Physician would not want to continue on a specific medication for the hospital discharge medication list such as Keppra or other therapeutic drug, the DON stated no. When asked if she entered an order for the medication directly into the electronic medical record at the time when reviewing the medication with the physician, the DON stated no.
The surveyor continued to review the resident's medical record.
A review of the Physician's Progress Notes revealed that the Nurse Practitioner saw the resident for the first time on 2/24/22 (7 days after the Vimpat had been delivered on 2/17/22) and there was no documentation regarding the omitted doses of Vimpat or why Keppra was not reordered. The Nurse Practitioner also saw the resident on 3/1/22 and she again did not address the omitted doses of the anti-seizure medications or the plan regarding monitoring the resident's seizure activity including obtaining therapeutic labs if doses were omitted. There was no documentation that the resident was seen by Physician #1 or their Nurse Practitioner within the forty-eight hours of admission.
A review of the resident's Admitting Evaluation History which was completed on 2/25/22 and signed (illegibly) where indicated Signature of Physician, which reflected that the resident was admitted post status right craniectomy post fall with a history of seizure disorder.
A review of the PN reflected a NN dated 3/1/22 at 8:09 PM, that the resident was noted with diaphoretic (sweating heavily), coughing and congested, noted with difficulty breathing. Upon auscultation (listening to sounds of heart, lungs, or other organs with a stethoscope), wheezing was noted to left lower lungs. The physician was made aware and ordered to be transferred to the emergency room for evaluation.
A NN dated 3/1/22 at 3:32 AM reflected that the resident was admitted to the hospital with the diagnoses of acute urinary tract infection (UTI) and sepsis (presence of harmful microorganisms in the blood or other tissues).
There was no documentation of seizure monitoring or increased seizure monitoring specifically during the time in which there were omitted doses of anti-seizure medications, and there was no documentation as to why Keppra was not ordered and no evidence that therapeutic laboratory tests were ordered for the resident's Keppra levels.
On 3/4/22 at 1:15 PM, the surveyor attempted to interview the Nurse Practitioner via telephone but there was no response. The surveyor left a message to call back.
On 3/4/22 at 1:16 PM, the surveyor attempted to interview the facility's Provider Pharmacy Representative (PPR) via telephone with no response. The surveyor was unable to leave a message because the mailbox was full.
On 3/4/22 at 1:19 PM, the surveyor attempted to interview the Medical Director via telephone with no response. The surveyor left a message to call back.
On 3/4/22 at 1:25 PM, the surveyor interviewed the Consultant Pharmacist (CP) via telephone, who confirmed that the manufacturer recommended that Vimpat was weaned off and not abruptly stopped. The CP acknowledged that there are various seizure types that may not be visible to another person.
The facility's failure to ensure all residents who had physician orders for anti-seizure medications were administered the doses as ordered or otherwise received the necessary follow-up and communication with the Physician, and the failure to implement ongoing monitoring for those residents for rebound seizures while therapeutic doses of those medications over periods of time were being omitted, posed a serious and immediate threat for adverse effects, including various seizure types which is likely to result in serious harm, impairment, or even death.
This resulted in an Immediate Jeopardy situation. The IJ was identified on 3/4/22, and the LNHA, DON, ADON, and Regional Administrator were notified of the IJ at 2:44 PM. An acceptable written Removal Plan was accepted on 3/5/22 which included identifying all residents with seizure diagnoses; audit of charts for residents with seizure diagnosis to ensure accuracy of medication reconciliation, availability of seizure medications, omitted doses, and timeliness of administration; staff in-serviced on anti-seizure medications; monitoring for seizure activity; and reconciling of hospital discharged medications.
On 3/7/22 at 9:15 AM, the surveyor interviewed Resident #163's Representative (RR) via telephone, who confirmed that the resident was still in the hospital. The RR stated that the resident had seizures for the past three years and has been on two to three seizure medications for the past few years. The RR could not recall which anti-seizure medications the resident had been taking. The RR stated that he/she visited the resident while at the facility, and the resident was always in their room in bed during those visits.
On 3/7/22 at 2:48 PM, the surveyor interviewed the Provider Pharmacy Representative (PPR) via telephone, who stated that the facility received medication deliveries twice a day with a delivery that leaves the Pharmacy at noon and midnight. The PPR stated that if the facility ordered new medications, the cutoff time was 10:00 AM for noon deliveries, and all refill medication was delivered at midnight. The facility could also order a STAT or emergency order that the facility paid an additional fee for but received the medication within four hours. The PPR stated that the prescription was entered into the facility's [electronic medical system] for controlled medications. The prescription was faxed to the Pharmacy; the physician could send an electronic prescription directly to the Pharmacy; or the physician can call a three-day supply directly into the Pharmacy. The PPR stated that medications were generally not delayed from the Pharmacy unless the facility missed the order cutoff time or the order needed to be clarified.
At this time, the surveyor requested a timeline regarding Resident #163's Vimpat for February 2022.
On 3/7/22 at 4:49 PM, the PPR emailed the surveyor the following timeline regarding Resident #163's Vimpat: The resident was admitted to the facility on [DATE], and the facility did not fax the order from the [electronic medical system] the day the [resident] was admitted . All C2-5 medications (class of controlled medications) must be printed out from [electronic medical system] and faxed to the Pharmacy. Customer Service received a phone call from the facility on 2/10/22. Please see attachment. (*nurse will follow-up with physician for prescription)
On 2/10/22, physician wrote the wrong strength; instead of 10 mL wrote 10 mg on D-letter.
On 2/11/22, Pharmacy sent clarification to the physician and the facility.
On 2/11/22, Pharmacy sent blank D-letter to Physician's office.
On 2/14/22, Pharmacy paged the physician and left a voice message.
On 2/15/22 and 2/16/22, Pharmacy reached out to the physician's office and faxed D-letter.
On 2/16/22, the physician corrected D-letter to read 10 mL and was faxed to Pharmacy.
On 2/16/22, medication was sent to the facility on Midnight delivery.
On 3/8/22 at 9:56 AM, the surveyor interviewed the Medical Director via telephone, who stated that his role was to ensure compliance was met and attended quarterly meetings. The Medical Director stated that he was at the facility almost daily and was available 24-hours a day for any issues. The Medical Director stated that he did not involve himself with other physician's residents and does not like to interfere with other Physicians. The Medical Director stated if the physician was not returning their calls to the facility, he would expect to be notified. The Medical Director stated that for a prescription for a controlled substance, he preferred that the resident's physician wrote their own prescription. The Medical Director stated that if the facility was trying to contact the physician for several days with no response, he would then write a prescription for the resident for a few days. When asked how many days were acceptable for the resident to wait for their medications, the Medical Director stated that there is no answer.
The surveyor reviewed the resident's hospital records from their staying beginning on 3/1/22.
A review of the physician's orders revealed on 3/2/22 at 10:00 AM, Keppra 750 mg liquid two times a day was ordered.
A review of a Neurology Consultation Final Report dated 3/5/22 included that at the present time, neurological evaluation is limited; I would suggest having a CT scan of the head to evaluate for any acute or chronic intracranial processes [existing or occurring within the cranium]; I would suggest having routine EEG .[he/she] has a history of seizure disorder, treated with Keppra; I would suggest having blood work for Keppra level .further management will be determined on above-mentioned test results.
A review of a Video Electroenchalography (Video-EEG) Report included on date of study dated 3/7/22 from 7:00 AM to 3/8/22 7:00 AM, that abnormal VEEG. The above findings are c/w [consistent with] nonconvulsive focal status with epileptogenic zone Rt F-T-C region [a prolonged seizure that manifests primarily as altered mental status as opposed to dramatic convulsions]. Further adjustment of AEDs [antiepileptic drugs] is recommended.
During the sample expansion of reviewing residents receiving anti-seizure medications on 3/7/22, the survey team identified a second resident (Resident #27) who did not receive their anti-seizure medication (Vimpat) for a prolonged period of time because it was not available. The findings were as follows:
2. On 3/7/22 at 10:32 AM, the surveyor observed Resident #27 in bed with Jevity 1.5 (nutrition formula) being administered via a feeding tube. The resident was unable to be interviewed.
The surveyor reviewed the medical record for Resident #27.
A review of the admission Record reflected that the resident was admitted to the facility in September of 2021 with diagnoses which included other sequelae following unspecified cerebrovascular disease (stroke), dysphagia following cerebral infarction (difficulty swallowing food or liquids following a stroke), nontraumatic intracranial hemorrhage (bleeding into the substance of the brain in the absence of trauma or surgery), cerebral amyloid angiopathy (a condition in which proteins called amyloid build up on the walls of the arteries in the brain increasing risk for stroke), gastrostomy status (FT), and seizures.
A review of the most recent quarterly MDS dated [DATE] reflected a BIMS score was unable to be determined. The resident had short and long-term memory problems with a severely impaired decision-making capacity.
A review of the individualized person-centered Care Plan
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0658
(Tag F0658)
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 ensure that a Registered Nurse...
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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 ensure that a Registered Nurse completed full body assessments after a fall prior to being moved in accordance with professional standards of practice. This deficient practice was identified for 1 of 4 resident (Resident #50) reviewed for falls.
Reference: New Jersey Statutes Annotated, Title 45. Chapter 11. Nursing Board. The Nurse Practice Act for the State of New Jersey states: The practice of nursing as a registered professional nurse is defined as diagnosing and treating human responses to actual and potential physical and emotional health problems, through such services as casefinding, health teaching, health counseling, and provision of care supportive to or restorative of life and wellbeing, and executing medical regimens as prescribed by a licensed or otherwise legally authorized physician or dentist.
Reference: New Jersey Statutes Annotated, Title 45, Chapter 11. Nursing Board. The Nurse Practice Act for the State of New Jersey states: The practice of nursing as a licensed practical nurse is defined as performing tasks and responsibilities within the framework of casefinding; reinforcing the patient and family teaching program through health teaching, health counseling and provision of supportive and restorative care, under the direction of a registered nurse or licensed or otherwise legally authorized physician or dentist.
The evidence was as follows:
On 2/23/22 at 11:36 AM, the surveyor observed Resident #50 lying in a low positioned bed with floor mats on either side of the bed. The resident was unable to be interviewed.
On 3/1/22 at 12:41 PM, the surveyor interviewed Resident #50's Representative (RR) via telephone who stated that the resident had multiple falls since admission at the facility.
The surveyor reviewed the medical record for Resident #50.
A review of the admission Record (an admission summary) reflected that the resident was admitted to the facility in April of 2021 with diagnoses which included brain damage (caused by complete lack of oxygen to the brain), epilepsy (a disorder that causes seizures), muscle weakness, and type II diabetes mellitus.
A review of the most recent quarterly Minimum Data Set (MDS), an assessment tool dated 1/18/22, reflected a Brief Interview for Mental Status (BIMS) score of 4 out of 15, which indicated severely impaired cognition.
A review of the individualized person-centered Care Plan included a focus area initiated 4/13/21, for at risk for further falls due to a history of falls, impaired balance and mobility, deconditioning, seizure disorder and confusion. Actual falls on: 12/23/21 with minor injury; 1/20/22 without injury; and 2/6/22 without injuries. Interventions included to anticipate and meet needs; air pressure mattress/scoop mattress check proper function every shift; keep bed in lowest position at all times except when giving care; padded side rails are to be maintained at all times; and provide bilateral safety floor mats to reduce risk of injury should a fall occur.
A review of the fall Incident Report dated 12/23/21, reflected that the resident was found by wound care nurse on the floor. The incident report included a statement from Registered Nurse (RN #1) that the resident was assessed and found to express back and leg pain, so the resident was transferred to the hospital for evaluation.
A review of the fall Incident Report dated 1/20/22, reflected that the resident was found at 9:30 PM by the writer [Licensed Practical Nurse (LPN #1)] on the floor with no noted injury. The resident with assistance of two Certified Nursing Aides (CNA) was transferred back to bed. The report also included that LPN #1 documented in a Nurse Note dated 1/20/22 at 11:02 PM, that a full body assessment was done with no injury noted. The report also included a Fall Risk assessment dated effective date 1/20/22 at 10:08 PM, was completed by LPN #1. There was no documentation that the resident was assessed by a RN prior to being moved.
A review of the fall Incident Report dated 2/6/22, reflected that the writer [LPN #1] found the resident at 8:40 AM in their room lying on the floor mat. There was no injury noted and the resident was transferred with the assistance of two CNAs. The report included a Nurse Note from LPN #1 dated 2/6/22 at 11:01 AM, that she was called to the room at 8:40 AM and found the resident lying on the left side of bed on the floor mat; a quick assessment was done with no injury noted and the resident was transferred by two CNAs back to bed. A full body assessment was done with no injury noted. The report also included a Fall Risk assessment dated [DATE] at 3:43 PM, that was completed by LPN #1. There was no documentation that the resident was assessed by a RN prior to being moved.
A review of the Progress Notes that corresponded with the falls on 1/20/22 and 2/6/22, did not include documentation that an RN assessed the resident after the fall prior to being transferred back to bed.
On 3/2/22 at 9:55 AM, the surveyor observed resident in bed asleep. The surveyor observed that the bed was positioned low, side rails were padded and in the up position, and fall mats were on either side of the bed.
On 3/2/22 at 11:02 AM, the surveyor interviewed RN #1 who stated that the resident had multiple falls since admission at the facility with interventions put in place which included bed in lowest position, floor mats to both sides of the bed, and padded side rail in the up position while in bed. RN #1 stated that the resident had only fell once during her shift and she completed the assessment for that fall. RN #1 stated that a RN had to complete the assessment when a resident falls.
On 3/2/22 at 11:40 AM, the surveyor interviewed the Director of Nursing (DON) who stated that when a resident fell, a head-to-toe assessment was completed to ensure the resident had no injuries which included vital signs, cognition, range of motion, and skin checks. The DON confirmed that in accordance with standards of practice for nursing, only a RN and not a LPN could assess the resident and the assessment was completed prior to be moved from the floor. The DON stated that the RN should also document their assessment in the Progress Notes or in the Incident Repot. The surveyor reviewed the fall Incident Reports for Resident #50 dated 1/20/22 and 2/6/22. The DON acknowledged that even though she documented Interdisciplinary Care Plan Summary notes on 1/24/22 and 2/7/22, there was no documented RN assessments completed after the fall prior to moving the resident.
On 3/4/22 at 10:12 AM, the Licensed Nursing Home Administrator (LNHA) in the presence of the DON, Assistant Director of Nursing (ADON), Corporate Nurse, and survey team, acknowledged that no RN assessment was completed for the falls on 1/20/22 and 2/6/22.
A review of the facility's Incident/Accident Reporting Policy and Procedure dated updated 11/2021, included that it was the responsibility of the Licensed Nurse who first witnessed the incident/accident to initiate and complete the Incident/Accident Report in its entirety utilizing input from the staff present at the time of the incident/accident. The Nurse evaluates the resident's condition, renders appropriate treatment, i.e. [id est; that is] first aid or calls the Physician who orders specific treatment or decides if the resident is to be transferred to the emergency room . the policy did not include/specify that the RN completed the assessment.
NJAC 8:39-27.1(a)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Pharmacy Services
(Tag F0755)
Could have caused harm · This affected 1 resident
2. On 2/23/22 at 11:28 AM, the surveyor in the presence of LPN #3 inspected the Northwest medication cart. During the reconciliation of controlled medications with the LPN caring for Resident #163, th...
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2. On 2/23/22 at 11:28 AM, the surveyor in the presence of LPN #3 inspected the Northwest medication cart. During the reconciliation of controlled medications with the LPN caring for Resident #163, the surveyor observed that the Vimpat (a medication used for seizures) 10 milligrams/milliliter (mg/mL) liquid bottle contained approximately 175 mL. A review of the corresponding Individual Patient Controlled Substance Administration Record (declining inventory sheet) reflected the last time the Vimpat was signed as administered was on 2/22/22 at 9:00 PM, with a remaining balance documented as 200 mL.
On 2/23/22 at approximately 11:40 AM, the surveyor interviewed LPN #3 regarding the discrepancy with the Vimpat declining inventory sheet which indicated there was 200 mL remaining in the bottle, while the actual bottle contained 175 mL. LPN #3 was unable to speak to this. At this time, LPN #3 had the ADON and an additional surveyor (Surveyor #2) joined them at the medication cart. Surveyor #2 verified the volume remaining was approximately 175 mL and asked LPN #3 how much Vimpat was remaining in the bottle. LPN #3 responded that we were told here that we cannot guess with the amount of medication, and it should be measured to determine how much medication was left on the bottle. LPN #3 also stated that she administered 10 mL of Vimpat at 9:00 AM to the resident and she forgot to sign it on the declining inventory sheet. The LPN confirmed that she should have signed the declining inventory sheet immediately upon administering the medication at 9:00 AM, and it's my fault.
At this time, the ADON read the measurement of the liquid remaining in the medication bottle and stated, approximately there were 175-180 mL remaining in the bottle. The ADON further stated that in order to verify the exact amount remaining, it would need to be measured, and she would be right back with the Registered Nurse/Unit Manager (RN/UM) to measure the actual amount left.
On 2/23/22 at 11:57 AM, the RN/UM in the presence of LPN #3, ADON, and the surveyors measured the Vimpat and confirmed the amount remaining in the bottle was 175 mL.
A further review of the declining inventory sheet revealed in addition to the omission of the 2/23/22 9:00 AM dose, on 2/17/22 and 2/18/22 the balance remaining and the administered time were both blank.
On 3/3/22 at 10:49 AM, the surveyor interviewed the Consultant Pharmacist (CP) who stated that she checked the narcotics and the corresponding declining inventory sheets and always checked the liquid medications because there was generally a higher incidence of errors. The CP acknowledged the declining inventory sheet should match the volume remaining in the bottle. The CP further stated the nurse should sign the declining inventory as she administered the medication and if there was an issue that someone forget to sign, it should be found at change of shift, when the nurses double checked the counts and signed the change of shift log. The CP concluded there should be no discrepancies between the documented declining inventory sheet remaining volume and the actual volume remaining in the bottle.
On 3/4/22 at 10:13 AM, the LNHA in the presence of the DON, ADON, and the survey team, acknowledged the discrepancies in the documentation of the Vimpat and stated that those errors accounted for the differences in the Vimpat volume. The DON further acknowledged that one dose on 2/17/22 and one dose on 2/18/22 was not documented but was administered which was in addition to the 2/23/22 9:00 AM, dose that was also not accounted for.
A review of the facility's Controlled Drug Storage and Administration Policy dated updated 5/2021 included that . controlled medication dose should be prepared based on the order in the Medication Administration Record; declining inventory sheet [Individual Patient Controlled Substance Administration Record] should be signed as dose is prepared and reconciled with quantity on hand; immediately after administration, Medication Administration Record should be signed.
Refer F760
NJAC 8:39-27.1(a); 29.7(c)
Based on observation, interview, and record review, it was determined that the facility failed to a.) ensure medications were administered to a resident in accordance with professional standards of practice and b.) a controlled anti-seizure medication, Vimpat, was accurately accounted for in accordance with professional standards of practice. This deficient practice was identified for 2 of 24 residents (Resident #51 and Resident #163) reviewed for medication management and the evidence was as follows:
1. On 2/23/22 at 11:02 AM, the surveyor observed Resident #51 alone, lying in bed awake with their tray table directly over the bed. The surveyor observed on top of the tray table, a disposable medication cup that contained five medication pills and an additional medication cup that contained 30 milliliters (mL) of an orange/brownish colored liquid. The surveyor interviewed the resident who stated that he/she still had their morning medications in front of them because the nurse left their morning medications with them, but the nurse did not give them all their medications. The resident stated that he/she was waiting for the nurse to return to their room to inform them they were missing medications.
On 2/23/22 at 11:07 AM, the surveyor observed the Registered Nurse (RN) in the hallway outside the resident's room. The surveyor asked the RN to come into Resident #51's room. At this time, the RN noticed the medications and asked the resident why he/she had not taken their medications. The resident responded that he/she was missing medications. The RN proceeded to remove the medications from the tray table and proceeded into the hallway to the medication cart with the surveyor.
At this time, the RN identified the five medication pills as (1) amlodipine, (1) gabapentin, (1) Renvela, (1) vitamin D, and (1) Zoloft. The RN identified the liquid cup to be 30 mL of Prostat (a protein supplement). The RN stated that she was training Licensed Practical Nurse (LPN #1) this morning who administered the resident their medications. The RN reviewed the Medication Administration Record (MAR) and stated that LPN #1 signed for the administration of the above medications at 8:19 AM. The RN identified that the LPN only administered one Renvela tablet instead of two and one Zoloft tablet instead of three. The RN stated that medications should never have been left bedside, and the nurse was expected to sign the MAR after they witnessed the resident swallow the medications. The RN stated that Resident #51 was alert and oriented to person, place, and time and knew what medications they were supposed to receive. The RN stated that the resident had a roommate who was confused, but they could not ambulate or self-propel in a wheelchair and were dependent on staff for all activities of daily living. The RN disposed of the medication at this time and informed the surveyor that she was going to follow-up with the Assistant Director of Nursing (ADON).
On 2/23/22 at 11:20 AM, the surveyor interviewed LPN #1 who stated that she was a new nurse and was shadowing LPN #2 today. She stated that she had dispensed medications today for one resident who she could not recall that resident's name, but she did not administer the medications to the resident. LPN #1 stated that she had dispensed the medication with LPN #2 today and denied touching any of the RN's residents' medications today. LPN #1 confirmed that medications should not be left bedside with the resident.
On 2/23/22 at 11:30 AM, the surveyor re-interviewed Resident #51 who stated that LPN #1 had administered the medications to him/her today and did not dispense all his/her anxiety medications (Zoloft).
On 2/23/22 at 12:34 PM, the surveyor re-interviewed the RN who stated that she spoke with the resident's Nurse Practitioner (NP) who gave a one time order for all the missed medications except the Renvela which needed to be administered with meals since it was a phosphate binder. The RN stated that the resident would receive the Renvela with lunch.
The surveyor reviewed the medical record for Resident #51.
A review of the admission Record (an admission summary) reflected that the resident was admitted to the facility in October of 2019 with diagnoses which included heart failure, acute kidney failure, generalized anxiety disorder, major depressive disorder, chronic kidney disease, and essential hypertension (high blood pressure).
A review of the most recent quarterly Minimum Data Set (MDS), an assessment tool dated 1/19/22, reflected a Brief Interview for Mental Status (BIMS) score of a 15 out of 15, which indicated a fully intact cognition.
A review of the active Order Summary Report reflected the following physician orders (PO):
A PO dated 12/14/21 for Prostat SP (sugar free) to administer 30 mL two times a day for supplement.
A PO dated 2/22/22 for amlodipine 10 milligram (mg) tablet; give one tablet by mouth one time a day every Monday, Wednesday, and Friday for hypertension.
A PO dated 10/12/21 for gabapentin 300 mg capsule; give one capsule by mouth one time a day for neuropathy pain.
A PO dated 1/18/22 for Renvela 800 mg tablet; give two tablets by mouth three times a day every Monday, Wednesday, Friday, and Sunday for end stage renal disease. Give with meals.
A PO dated 12/14/21 for vitamin D3 1.25 mg capsule; give one capsule by mouth one time a day every Wednesday for supplement.
A PO dated 10/29/21 for Zoloft 25 mg tablet; give three tablets by mouth one time per day for depression.
A review of the corresponding February 2022 MAR, reflected that the above medications were signed as administered for the morning dose on 2/23/22.
On 3/1/22 at 9:12 AM, the surveyor interviewed the ADON who stated that all newly hired nurses shadowed other nurses during orientation and were observed completing medication pass at least two or three times before completing orientation. The ADON stated that newly hired nurses were not allowed to be left alone in a resident's room without their preceptor, and the medication administration needed to be monitored. The ADON confirmed that the nurse had to observe the resident swallow the medication prior to exiting the room, and then the nurse signed that the medications were administered in the MAR.
On 3/1/22 at 10:44 AM, the Licensed Nursing Home Administrator (LNHA) in the presence of the Director of Nursing (DON), ADON, Corporate Nurse, and the survey team, acknowledged that medications should not be left by the nurse with the resident.
A review of the facility's Medication Administration policy dated updated 10/2021, included that .10. the nurse will stay with same resident until all medication is prepared and taken; and 11. the nurse will then document per regulation. The nurse will initial on the MAR for the scheduled time of medication administration .
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Drug Regimen Review
(Tag F0756)
Could have caused harm · This affected 1 resident
Based on observation, interview, and record review, it was determined that the facility failed to ensure the Consultant Pharmacist identified that a medication used to control seizures was administere...
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Based on observation, interview, and record review, it was determined that the facility failed to ensure the Consultant Pharmacist identified that a medication used to control seizures was administered in accordance with manufacturer's specifications. This deficient practice was identified for 1 of 3 resident (Resident #27) reviewed for anticonvulsant medications and was evidenced by the following:
Reference: VIMPAT Highlights of Prescribing Information: VIMPAT tablets should be swallowed whole with liquid. Do not divide VIMPAT tablets.
On 3/7/22 at 10:32 AM, the surveyor observed Resident #27 in bed with Jevity 1.5 (nutrition formula) being administered via a feeding tube (FT; tube surgically inserted through the abdomen to the stomach to provide nutrition). The resident was unable to be interviewed.
The surveyor reviewed the medical record for Resident #27.
A review of the admission Record (an admission summary) reflected that the resident was admitted to the facility in September of 2021 with diagnoses which included other sequale following unspecified cerebrovascular disease (stroke), dysphagia following cerebral infarction (difficulty swallowing food or liquids following a stroke), nontraumatic intracranial hemorrhage (bleeding into the substance of the brain in the absence of trauma or surgery), cerebral amyloid angiopathy (a condition in which proteins called amyloid build up on the walls of the arteries in the brain increasing risk for stroke), gastrostomy status (FT), and seizures.
A review of the most recent quarterly Minimum Data Set (MDS) an assessment tool dated 12/29/21, reflected a Brief Interview for Mental Status (BIMS) score to be unable to determine. The resident had short and long-term memory problems with severely impaired cognition.
A review of the active Order Summary Report reflected the following physician's orders (PO):
A PO dated 9/21/21, may administer crushed medications as bolus (administered through FT) if not contradicted by manufacturer.
A PO dated 9/21/21, for lacosamide (Vimpat) 200 milligram (mg) tablet; give one tablet via FT every twelve hours for seizures.
A review of the Consultant Pharmacist Evaluation from admission until present, did not include to not crush Vimpat.
On 3/8/22 at 9:33 AM, the surveyor interviewed the resident's Licensed Practical Nurse (LPN) who stated that the resident received small amounts of food and liquids orally, but their main nutrition was provided by the Jevity 1.5 via the FT. The LPN stated that the resident received all their medications through their FT either in liquid form or a crushed tablet. When asked how she determined if a medication could not be crushed, the LPN responded that it was not written on the Medication Administration Record (MAR) so if she was unsure about a medication, the LPN could look the medication up on the Internet. When asked if Vimpat can be crushed, the LPN responded that the Vimpat had always been crushed at the facility.
On 3/8/22 at 10:17 AM, the surveyor interviewed the Consultant Pharmacist (CP) who stated that monthly she reviewed all residents' medications to ensure that the medications ordered were appropriate, they were in the appropriate form for the resident, and no irregularities. The CP stated that medication cautionaries were written on the bingo card (blister packet which contains the medication) and if the cautionary advised against crushing a medication, the nurse would need to clarify the order with the Physician. When asked if Vimpat tablets could be crushed, the CP stated that she was unsure and would need to research that. The CP confirmed that Vimpat was available in liquid source and that liquid medications were the preferred medication form for FT.
At this time, the surveyor provided the CP with a copy of the resident's Vimpat bingo card with the displayed cautionary Swallow Whole. Do Not Chew Or Crush. The CP acknowledged the cautionary and stated that she was unsure where the Provider Pharmacy received their cautionaries from. The surveyor then provided the CP with a copy of the resident's Consultant Pharmacist Evaluation from admission until present and asked the CP if she had addressed the Vimpat tablet could not be crushed. The CP acknowledged that the Vimpat tablet not being crushed was not on the sheet. The CP stated that she would get back to the surveyor with any additional information.
On 3/8/22 at 11:31 AM, the CP in the presence of the Licensed Nursing Home Administrator (LNHA), Director of Nursing (DON), Assistant Director of Nursing (ADON), Corporate Nurse, and survey team, confirmed that the manufacturer did not recommend Vimpat being crushed.
A review of the facility's Title: Consultant Pharmacist during regular monthly visits policy dated updated 1/2022, include .the Consultant Pharmacist shall identify, document and report actual and potential irregularities for review and action to the Director of Nursing and/or Designee, Administrator, Medical Director and physicians (where appropriate). The physicians recommendations will be communicated to the Director of Nursing and/or Designee for distribution and action by the attending physician via email, fax (or both) .
NJAC 8:39-
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Respiratory Care
(Tag F0695)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, record review, and review of pertinent facility documents, it was determined that the facility ...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, record review, and review of pertinent facility documents, it was determined that the facility failed to a.) administer oxygen therapy according to the physician's order and b.) ensure respiratory equipment was stored and dated properly. This deficient practice was identified for 5 of 7 residents (Resident #35, Resident #51, Resident #57, Resident #69, and Resident #363) reviewed for respiratory care and the evidence was as follows:
1. On 2/23/22 at 11:25 AM, the surveyor observed Resident #35 sitting in a wheelchair in their room watching television. The resident was being administered oxygen from a concentrator alongside their bed that was set to one liter per minute (1 lpm) via an undated nasal cannula (tubing used to deliver oxygen through the nose). The resident appeared to be in no distress.
The surveyor reviewed the medical record for Resident #35.
A review of the admission Record (an admission summary) reflected that the resident was admitted to the facility in January of 2017 with diagnosis which included multiple sclerosis (a disease in which the immune system attacks the nerves).
A review of the most recent quarterly Minimum Data Set (MDS), an assessment tool dated 1/10/22, reflected that the resident had a Brief Interview for Mental Status (BIMS) score of 13 out of 15, which indicated a fully intact cognition. A further review reflected the resident was not on oxygen therapy at the time of this assessment.
A review of the individualized person-centered Care Plan initiated on 10/3/19, did not include that the resident received oxygen or respiratory therapy.
A review of the Order Summary Report included a physician's orders (PO) dated 2/1/22 for oxygen at 2 lpm via nasal cannula as needed for shortness of breath or for pulse oximeter (SPO2; blood oxygen saturation level) less than 92%.
On 2/24/22 at 10:07 AM, the surveyor observed the resident in bed with the oxygen concentrator set to 1 lpm being delivered to the resident by an undated nasal cannula tube. The resident appeared to be in no distress.
On 2/24/22 at 10:34 AM, the surveyor interviewed the Licensed Practical Nurse (LPN) who stated that the resident's SPO2 was checked that morning at 8:05 AM, and it was at 91%. The LPN stated that the PO was to administer oxygen at 2 lpm when the SPO2 was less than 92%. The LPN also stated that oxygen tubing was changed once a week and should be dated when changed.
At this time, the surveyor accompanied by the LPN observed Resident #35's oxygen concentrator and tubing. The LPN confirmed the oxygen tubing was not dated, and the concentrator was not set to the ordered 2 lpm. The surveyor observed the LPN replace the oxygen tubing and dated it 2/24/22.
On 2/25/22 at 1:04 PM, the surveyor observed the resident's oxygen tubing connected to the concentrator that was not in use was dated 2/20/22 and not the 2/24/22 date observed yesterday.
On 2/25/22 at 1:46 PM, the surveyor interviewed the LPN regarding the resident's oxygen tubing who confirmed that she dated the tubing 2/24/22 yesterday, and she was unable to explain why the tubing was now dated 2/20/22. The LPN called the Assistant Director of Nursing/Infection Preventionist (ADON/IP) over to the resident's room. The ADON/IP confirmed that she was aware of the tubing being changed and dated the previous day on 2/24/22, and she confirmed the current tubing was now dated 2/20/22. The ADON was unable to speak to this discrepancy.
On 3/4/22 at 10:11 AM, the Director of Nursing (DON) in the presence of the Licensed Nursing Home Administrator (LHNA), ADON/IP, and the survey team, stated that oxygen tubing was changed and dated weekly on Sundays during the 11:00 PM to 7:00 AM shift by nursing staff and as needed if the tubing was on the floor. The DON also acknowledged that oxygen should be administered according to the PO. The DON was unable to speak to the discrepancies in the oxygen tubing dates.
2. On 2/23/22 at 11:14 AM, the surveyor observed Resident #69 in their room resting in bed with no distress. The resident was being administered oxygen from a concentrator alongside their bed that was set to 1 lpm via an undated nasal cannula.
The surveyor reviewed the medical record for Resident #69.
A review of the admission Record reflected that the resident was admitted to the facility in December of 2018 with diagnosis which included chronic obstructive pulmonary disease (COPD; constriction of the airways making it difficult or uncomfortable to breathe), anemia (deficiency of red blood cells), asthma, and end stage renal disease (condition in which a person's kidneys permanently stop functioning).
A review of the most recent quarterly MDS dated [DATE], reflected a BIMS score of 5 out of 15, which indicated a severe cognitive impairment. A further review reflected the resident was on oxygen replacement therapy and had shortness of breath or trouble breathing when lying flat.
A review of the individualized person-centered Care Plan initiated on 5/12/21, included a focus area for shortness of breath related to COPD and asthma. Interventions included to administer bronchodilators (medication used to open airway) in a timely manner and to position resident with proper body alignment for optimal breathing.
A review of the active Order Summary Report included a PO dated 1/21/22 for oxygen to be administered at 2 lpm via nasal cannula for shortness of breath.
On 2/24/22 at 11:06 AM, the surveyor in the presence of the LPN observed the resident in bed with the oxygen concentrator set to 1.5 lpm being delivered to the resident via a nasal cannula that was dated 2/22/22. The LPN confirmed the PO was for the concentrator to be set at 2 lpm but did not make the adjustment at that time.
On 2/25/22 at 1:02 PM, the surveyor observed the resident's oxygen concentrator was set to 2 lpm and the oxygen tubing was dated 2/20/22 which contradicted the 2/22/22 date observed the day before.
On 2/25/22 at 1:52 PM, the surveyor interviewed the ADON/IP confirmed the tubing was dated 2/20/22 and stated that she will have to look into this issue.
On 3/4/22 at 10:11 AM, the DON in the presence of the LNHA, ADON/IP, and the survey team, stated that oxygen tubing was changed and dated weekly on Sundays during the 11:00 PM to 7:00 AM shift by nursing staff and as needed if the tubing was on the floor. The DON also acknowledged that oxygen should be administered according to the PO. The DON was unable to speak to the discrepancies in the oxygen tubing dates.
3. On 2/23/22 at 10:50 AM, the surveyor observed Resident #363 in their room resting in bed. The resident was being administered oxygen from a concentrator alongside their bed that was set to 2 lpm via an undated nasal cannula.
The surveyor reviewed the medical record for Resident #363.
A review of the admission Record reflected that the resident was admitted to the facility in March of 2016 with diagnosis which included acute respiratory failure with hypoxia (sudden onset of an inability to breath resulting in decreased levels of oxygen in the blood and to body tissue), heart failure, and COPD.
A review of the most recent quarterly MDS dated [DATE], reflected a BIMS score of 9 out of 15, which indicated a moderate cognitive impairment. A further review reflected the resident was on oxygen replacement therapy and had shortness of breath or trouble breathing when lying flat.
A review of the individualized person-centered Care Plan initiated on 7/18/19, included a focus for oxygen therapy related to the diagnosis of COPD and congestive heart failure (CHF). Interventions included to administer oxygen by nasal prongs/mask at 2 lpm as needed for shortness of breath.
A review of the active Order Summary Report included a PO dated 3/26/21 for continuous oxygen at 2 lpm via nasal cannula for shortness of breath. An additional PO dated 1/17/22 for oxygen at 2 lpm as needed for a pulse oximeter less than 92% or shortness of breath.
On 2/25/22 at 12:44 PM, the surveyor observed the resident's oxygen tubing not in use and hanging wedged between the nightstand table and wall with most of the tubing length lying directly on the floor. At this time, the surveyor interviewed the resident who stated that he/she needed the oxygen.
On 2/25/22 at 12:49 PM, the DON came to the resident's room and informed the surveyor that the tubing should not be stored like that; it should be in a bag when not in use. The DON also stated that the tubing should not be on the floor like that because it can cause infection control issues and needed to be changed.
4. On 2/23/22 at 11:01 AM, the surveyor observed Resident #57 in bed with an oxygen concentrator at their bedside which was turned on and set to 2.5 lpm. The surveyor observed that the undated nasal cannula was connected to the concentrator and hanging from the resident's bed side rail with the nasal prongs lying directly on the floor.
The surveyor reviewed the medical record for Resident #57.
A review of the admission Record reflected that the resident was admitted to the facility in March of 2010 with diagnoses which included COPD.
A review of the most recent quarterly MDS dated [DATE], reflected a BIMS score of 12 out of 15, which indicated a moderate cognitive impairment. A further review reflected the resident was not on oxygen therapy at the time of this assessment.
A review of the individualized person-centered Care Plan initiated on 4/23/2020, included a focus area for oxygen therapy related to the diagnosis of COPD. Interventions included to give oxygen therapy as ordered by the physician.
A review of the active Order Summary Report included a PO dated 11/8/21 for oxygen to be administered at 2 lpm via nasal cannula for shortness of breath as needed for SPO2 less than 90%.
On 2/24/22 at 10:34 AM, the surveyor along with the LPN observed the resident in their room not receiving oxygen. The LPN stated that the resident received oxygen as needed for an SPO2 less than 90%. The LPN stated that she checked the resident's SPO2 that morning and the level was above 90% so the resident did not need oxygen.
On 3/4/22 at 10:11 AM, the DON in the presence of the LNHA, ADON/IP, and the survey team, stated that oxygen tubing should be stored in a bag when not in use.
5. On 2/23/22 at 11:02 AM, the surveyor observed Resident #51 awake lying in bed. The surveyor observed a nebulizer machine (a device used to create a mist out of liquid respiratory medications to transport to the lungs) with connected tubing and a face mask lying directly on the floor underneath the resident's bed.
The surveyor reviewed the medical record for Resident #51.
A review of the admission Record reflected that the resident was admitted to the facility in October of 2019 with diagnoses which included cough variant asthma, other specified disorders of nose and nasal sinuses, heart failure, and kidney failure.
A review of the most recent quarterly MDS dated [DATE], reflected a BIMS score of 15 out of 15, which indicated a fully intact cognition.
A review of the active Order Summary Report reflected a PO dated 2/10/22, for albuterol solution 0.5-2.5 (3) milligram/3 milliliters (mg/3 mL); 3 mL inhale orally via nebulizer every six hours every Monday, Wednesday, Friday, Sunday for respiratory treatment on non-dialysis days.
A review of the individualized person-centered Care Plan included a focus area initiated 2/12/2020, for altered respiratory status/difficulty breathing with regards to congestive heart failure (CHF; a chronic condition in which the heart does not pump blood as well as it should). Interventions included to administer medications as ordered; monitor for effectiveness and side effects.
On 2/28/22 at 11:05 AM, the surveyor observed Resident #51 awake lying in bed with the nebulizer machine with the connected tubing and mask lying directly on the floor underneath the resident's bed.
On 2/28/22 at 11:05 AM, the surveyor accompanied by the Registered Nurse (RN) entered Resident #51's room and the RN confirmed that the resident's nebulizer machine with connected tubing and mask was lying directly on the floor underneath the resident's bed. The RN stated that she needed to change the tubing and mask and proceeded to pick up the nebulizer machine with the attached tubing and mask and placed them in bed with the resident. The RN removed the tubing and mask and stated that she needed to grab new tubing and mask since it was on the floor for infection control purposes. The RN changed the tubing and mask, leaving the nebulizer machine in bed with the resident and exited the room.
At this time, the surveyor interviewed the RN in the hallway who confirmed that the tubing and mask on the floor would be an infection control concern, so she changed them. When asked about the nebulizer machine that was on the floor and now in bed with the resident was okay, the RN acknowledged that she should have changed the nebulizer machine or wiped it down with alcohol. The RN stated that she would now change the nebulizer machine, tubing, and mask.
On 2/28/22 at 11:20 AM, the surveyor interviewed the resident who stated that the Certified Nursing Aide (CNA) placed the nebulizer machine, tubing, and mask on the floor when they performed care, and the CNA had not placed the nebulizer back in bed. The resident confirmed that the nebulizer machine was usually placed in bed with them.
On 2/28/22 at 11:30 AM, the surveyor interviewed the CNA who stated that she had not performed care on the resident yet, and she had not placed the nebulizer machine on the floor.
On 2/28/22 at 11:38 AM, the surveyor re-interviewed the resident who confirmed that the CNA had not placed the nebulizer machine, tubing, and mask on the floor, and they were unable to speak to who did.
On 3/1/22 at 9:19 AM, the surveyor interviewed the ADON/IP who stated that the nebulizer machine should not be on the floor or in bed with the resident. The ADON/IP stated that the nebulizer machine should be placed on a table, and the tubing and mask should be stored in a bag when not in use to prevent contamination.
On 3/4/22 at 10:12 AM, the LNHA in the presence of the DON, ADON/IP, Corporate Nurse, and survey team acknowledge that the nebulizer, tubing, and mask should not be placed on the floor.
A review of the facility's Oxygen Administration policy dated updated 12/2021 included it is the policy and procedure of [NAME] Manor to provide oxygen to residents in compliance with their physician order as followed out by the resident's care provider .Tubing and other accessories will be changed weekly and dated.
A review of the facility's Respiratory Tubing policy dated updated 11/2021, included . respiratory tubing will be properly dated, maintained, and stored to prevent infection .when not in use, store respiratory tubing in an oxygen bag that is labeled with the date the tubing was changed.
NJAC 8:39-11.2(b); 19.4(a); 27.1(a)