CRITICAL
(K)
Immediate Jeopardy (IJ) - the most serious Medicare violation
Deficiency F0578
(Tag F0578)
Someone could have died · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and interviews during the recertification survey conducted 1/22/2024- 1/26/2024 the facility failed to en...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and interviews during the recertification survey conducted 1/22/2024- 1/26/2024 the facility failed to ensure residents' advance directives were documented for 6 of 14 residents reviewed (Residents #172, #174, #222, #223, #224, and #320). Specifically, Residents #172, #174, #222, #223, #224, and #320 were admitted within the last 30 days (12/26/2023- 1/23/2024) and did not have physician orders for advance directives. Subsequently, during a cardiac emergency event, staff would not know Residents #172's, #174's, #222's, #223's, #224's, and #320's wishes for life-sustaining treatment. This placed Residents #172, #174, #222, #223, #224, and #320 at risk for the likelihood of serious harm or death that was Immediate Jeopardy.
Finding include:
The facility policy Advance Directives revised 1/2022 documented:
-Upon admission, the resident will be provided with written information concerning the right to refuse or accept medical or surgical treatment and to formulate an advance directive if they chose to do so.
- Prior to or upon admission, the Social Service Director or designee will inquire of the resident, their family members, or legal representative, about the existence of any written advance directives.
- Information about whether the resident had executed an advanced directive should be displayed prominently in the medical record.
- The Director of Nursing or designee will notify the attending physician of the advance directives so that the appropriate orders would be documented in the resident's medical record and plan of care.
- The attending physician will provide information to the resident and legal representative regarding the resident's health status, treatment options, and expected outcomes during the development of the initial comprehensive assessment and care plan.
The facility policy Emergency Procedure- Cardiopulmonary Resuscitation reviewed 1/2024 documented:
-If the residents' do not resuscitate (allow natural death) status was unclear cardiopulmonary resuscitation (chest compressions and artificial breathing to restart the heart) would be initiated until it was determined that there was a do not resuscitate or physician order not to administer cardiopulmonary resuscitation
-In an event that an individual was found unresponsive a staff member should verify the do not resuscitate or code status of said individual.
1)Resident #223 was admitted to the facility on [DATE] with diagnoses including Parkinson's disease (a progressive neurological disorder) and dementia. The 1/2/2024 Minimum Data Set assessment documented the resident had moderately impaired cognition. The resident and the resident's family participated in the assessment and goal setting.
The residents discharge packet from the previous skilled nursing facility, scanned into the electronic medical record, included a physician's order form that documented the resident wished to have a do not resuscitate order.
The 12/26/2023 at 3:44 PM admission progress note by registered nurse #17 documented the resident entered the facility with their spouse/significant other and family at their bedside. The resident was alert and confused. There was no documented evidence of Resident #223's advance directive wishes.
The Physician Order Summary report with active orders from 12/26/2023-1/24/2024 did not include orders for advance directives.
The 12/26/2023 social work progress note by the Social Services Director documented the resident was admitted from another skilled nursing facility. The resident's spouse was their Health Care Proxy (a person designated to make health care decisions on behalf of the resident). The resident had moderate cognitive impairment based on a Brief Interview for Mental status score of 10. Advance Directives were reviewed with family and the resident was a full code (initiate cardiopulmonary resuscitation in the event of cardiac arrest).
Medical provider progress notes dated 12/27/2023-1/16/2024 did not document discussions with the resident or Health Care Proxy regarding advance directive wishes or their current code status.
A 1/22/2024 at 12:37 PM physician #28 progress note documented the resident was a full code.
2)Resident #224 was admitted to the facility on [DATE] with diagnoses including acute respiratory failure, dehydration, and pneumonia. The 1/17/2024 Minimum Data Set assessment documented the resident was cognitively intact. The resident and the resident's family participated in the assessment and goal setting.
The residents discharge packet from the previous skilled nursing facility, scanned into the electronic medical record, included a 12/20/2023 hospital admission history and physical that documented the resident wished to have a do not resuscitate order.
The physician order summary report with active orders from 12/30/2023-1/24/2024 did not include orders for advance directives.
The 12/30/2023 at 1:38 PM nursing admission progress note by registered nurse Supervisor #17 documented the resident was cognitively intact. There was no documented evidence of Resident #224's advance directive wishes.
The comprehensive care plan initiated 1/11/2024 and reviewed by the Interdisciplinary Care Team on 1/15/2024 did not include advance directives.
The 1/17/2024 2:02 PM physician #28 progress note documented the resident was admitted to the facility for short term rehabilitation. There was no documentation of discussion with the resident regarding advance directive wishes or their current code status.
During an interview on 1/23/2024 at 4:07 PM, Resident #224 stated they did not want cardiopulmonary resuscitation. They stated if something were to happen (became unresponsive) to them they did not want anything done.
3)Resident #320 was admitted to the facility on [DATE] with diagnoses including hypertension and atrial fibrillation (an irregular heart rate). The 1/19/2024 entry tracking Minimum Data Set assessment did not include cognitive status for the resident.
The resident was discharged from an assisted living facility on 1/19/2024. The discharge documents included an unsigned physician order that documented the resident wished to have a do not resuscitate order.
The 1/19/2024 at 4:48 PM nursing admission note by registered nurse #20 documented the resident was cognitively intact. There was no documented evidence of Resident #320's advance directive wishes.
The physician order summary report with active orders from 1/19/2024-1/24/2024 did not include orders for advance directives.
The residents Medical Orders for Life-Sustaining Treatment was signed by the resident on 1/22/2024 at 3:45 PM and documented do not resuscitate. The physician signed the document on 1/24/2024 5 days after admission.
During an interview on 1/23/2024 at 2:39 PM, licensed practical nurse #7 stated resident code status was listed in the electronic record on the medication administration record at the top of the electronic medical record. They stated if they needed to find a code status, they would look in the medication administration record or they could access the Medical Orders for Life-Sustaining Treatment book that was located at the nurse's station.
During an interview on 1/23/2024 at 2:42 PM, licensed practical nurse #5 stated if a resident was a full code or a do not resuscitate this information would be at the top of the electronic medical record under their picture. Some residents had code status bracelets on their wrist or on their wheelchair. If staff were unable to find a bracelet or order, they would look in the Medical Orders for Life-Sustaining Treatment book at the nurse's station.
During an interview on 1/23/2024 at 3:50 PM, licensed practical nurse #1 stated the resident order for code status was listed in the electronic record or could be accessed from the Medical Orders for Life-Sustaining Treatment binder at the nurse's station. If there was no order they would notify the supervisor, but the resident would be treated as a full code, and cardiopulmonary resuscitation would be completed until there was a physician order obtained for code status.
During an interview on 1/23/2024 at 4:03 PM, Social Service Director stated they were responsible for ensuring the advance directives were in place for all newly admitted residents and for inquiring about their current wishes and what they wanted in the future. If the resident lacked the capacity, they would call their health care proxy or power of attorney and ask them to bring in copies of their documented wishes. Advance directive status should be completed as soon as possible.
On 1/23/2024 at 5:56 PM, a list of the current residents and their code status orders was provided to the survey team. The provided current list did not include Residents #172, #174, #222, #223, #224, and #320.
During an interview on 1/23/2023 at 6:55 PM, the Director of Nursing stated the facility policy for advance directives and code status included that every resident who was admitted to the facility should have a code status order and every resident should have a Medical Orders for Life-Sustaining Treatment completed with the assistance of the social worker. Code status could be obtained from the discharge paperwork for any new admission. When a resident was admitted , the registered nurses did the admission assessment and reviewed the discharge paperwork. If the resident code status was not documented, they should discuss this with the resident if they were alert and oriented. If the resident was disoriented, they should reach out to family. If the resident arrived with a Medical Orders for Life-Sustaining Treatment they should review it with the resident for accuracy, and this was scanned into the chart. The standard of care if a resident did not have a code status or a Medical Orders for Life-Sustaining Treatment was the resident would automatically be a full code. The staff should be calling the provider to obtain a full code order. It was important to have a medical order for code status so that they did not inadvertently harm someone or provide care the resident did not want.
During an interview on 1/23/2024 at 7:06 PM, the Administrator stated they were not sure what the advance directive policy included and would refer to the Director of Nursing. They stated all residents should have a code status and should be listed with an order. This was important for the residents to make sure their wishes were met, and care was provided in the manner they requested. They were not aware there were residents in the facility without medical orders for their code status.
During an interview on 1/24/2024 at 11:41 AM, the Medical Director stated they were not aware there were residents in the facility without documented orders for code status. The residents should have code status and all advance directives orders inputted in the medical record immediately upon admission. If a resident did not have their code status documented, it would be a medical and legal matter. The facility would want to be sure the residents' wishes were addressed for the safety of the resident. When a resident was admitted from an outside facility staff should ask the resident about their wishes, and if the resident was unable to answer they should speak to the resident health care proxy or legal representative to verify the resident's resuscitation wishes.
During an interview on 1/24/2024 at 12:20 PM, the Assistant Director of Nursing stated if a resident was found unresponsive, they would call a code and would determine the resident code status from the electronic medical record or the Medical Orders for Life-Sustaining Treatment book. They were not sure if the advance directives were part of the admission evaluations, but they state the advance directives should be addressed upon admission by the Unit Managers, the Director of Nursing, or themself. They were not aware there were 6 residents without a documented code status order. It was important to have code status addressed upon admission for resident safety. Advance directives required a physician order. admission orders should be reviewed with the physician on admission or the day after and if the provider was not in the facility, they could get advance directives orders.
During an additional interview on 1/24/2024 at 12:41 PM, the Director of Nursing stated they were responsible for all the nursing staff and oversight of the appropriate documentation in the resident record. They stated when a resident was admitted their code status orders should be reviewed. They stated sometimes staff were able to review a resident's advance directives prior to the resident admission to the facility. The registered nurse admitting the resident was responsible for addressing the code status. They should ask the resident their status and if the resident was unable to answer they should reach out to the health care proxy or legal representative. The registered nurse should call the provider for orders and then put the orders in the electronic record and the provider would sign the order when they were in the facility. They stated Residents #172, #174, #222, #223, #224, and #320 did not have their codes status addressed upon admission. According to their policy and procedure it was nursing's and social work responsibility to ensure the resident code status was addressed upon admission. The interdisciplinary team should ensure the resident code status was addressed upon admission and the provider had been made aware of the order for their code status.
____________________________________________________________________________________
Immediate Jeopardy was identified, and the facility Administrator was notified on 1/23/2024 at 8:59 PM.
Immediate Jeopardy was removed on 1/24/2024 at 1:30 PM prior to survey exit based on the following corrective actions taken:
-On 1/24/2024 at 12:04 PM, Residents #172, #174, #222, #223, #224, and #320 physician orders were updated to reflect code status. All the residents and/or their representatives had advance directives reviewed and code status was updated appropriately.
- The facility identified all the residents could be affected. As a result, a facility wide audit was conducted to ensure all resident had an order for their code status. There were no other issues identified.
- All staff were re-educated on Advance Directives and an understanding of what to do if a resident was found without an order for their code status. A posttest was initiated to ensure the retention of the training information. They had 68% of their staff trained and the goal was to have 100% of their staff trained. They had 100% of all working staff trained.
- the facility planned to do daily audits on all new admissions to ensure that they had an order for code status. This would be done daily for 60 days and then weekly for four weeks. The results would be discussed with the interdisciplinary team. The Director of Nursing would be responsible for this audit and the continued staff education.
10NYCRR 400.21(c)
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
Free from Abuse/Neglect
(Tag F0600)
Could have caused harm · This affected 1 resident
Based on observation, record review, and interviews during the recertification and abbreviated surveys (NY00298057, NY00320417, and NY00326044) from 1/22/2024-1/26/2024, the facility did not ensure re...
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Based on observation, record review, and interviews during the recertification and abbreviated surveys (NY00298057, NY00320417, and NY00326044) from 1/22/2024-1/26/2024, the facility did not ensure residents were free from abuse for 2 of 5 residents (Residents #14 and #28) reviewed.
Specifically, the facility did not implement plans to protect residents from abuse and prevent resident to resident abuse when Residents #14 and #28 did not have safety checks as planned and Resident #28 did not have a stop sign across their door as planned and continued to have access to their reacher device (a tool to grab out of reach items) after they hit someone with it and the plan was for the reacher to be removed.
Findings include:
The facility policy Abuse Prevention Program/Abuse and Neglect-Clinical Protocol/Abuse Investigation and Reporting reviewed on 1/2024 documented residents have the right to be free from abuse to include protecting resident from abuse from other residents. The administration would implement measures that addressed factors that may lead to abusive situations, identify and assess all possible incidents of abuse, protect residents during abuse investigations, and implement changes to prevent future occurrences of abuse. If an investigation involved a resident's behavior, revisions in care plan were completed with an appropriate evaluation. Resident to resident interactions would then be monitored.
1) Resident #28 had diagnoses including mood affective disorder, bipolar disorder (a mental health condition that causes extreme mood swings), and dementia without behavior disorder. The 12/21/2023 Minimum Data Set assessment documented the resident had moderately impaired cognition, exhibited no behavioral symptoms, and required moderate to maximal assistance for all activities of daily living.
The comprehensive care plan, revised 1/14/2024, documented the resident had verbally and physically aggressive behaviors that included hitting another resident and throwing food. They had resident to resident altercations on 10/13/2023 and 1/14/2024.
Additional Interventions included:
- intiated 10/13/2023 remove the personal grabber (reacher) from the resident's room and apply a stop sign up at the resident's room door.
- initiated 10/15/2023 30-minute safety checks
- initiated on 1/14/2024 15-minute safety checks and a stop sign up at the resident's room door.
The 10/13/2023 incident report completed by Licensed Practical Nurse #36 for a resident-to-resident documented Resident #28 intentionally struck another resident with their personal item grabber when the other resident came into Resident #28's room and was touching items on Resident #28's bedside table. The interventions from the incident summary report registered nurse supervisor #16 included to put a stop sign up on Resident #28's door, to keep the residents apart in common areas, to place Resident #28 on 30-minute safety checks, to educate Resident #28 to call for help if another resident wandered into their room, and to remove Resident #28's personal item grabber.
The 1/14/2024 incident report completed by registered nurse supervisor #16 for a resident-to-resident documented another resident, not Resident #14, wandered into Resident #28's room and was touching Resident #28's items on their bedside table. Resident #28 hit the other resident in the head with their room phone. The interventions from the incident report included to put a stop sign up on Resident #28's door, to keep the residents apart in common areas, to place Resident #28 on 15-minute safety checks, and to educate Resident #28 to call for help if another resident wandered into their room. The interventions initiated were similar to the 10/13/2023 incident interventions.
The 10/15/2023 physician's order documented nurses were to do a behavior note every shift. The treatment administration record documented the behavior notes were not completed consistently on every shift each month.
The January 2024 certified nurse aide care record documented Resident #28 was on 15-minute safety checks. The following were the only 15-minute safety checks documented:
-On 1/14/2024 four times in a row the 15 minute safety checks, which all stated 7:57 PM, one time which stated 8:13 PM, four times in a row the 15 minute safety checks, which all stated at 9:01 PM, one time which stated 9:20 PM, and which stated at 10:39 PM.
-On 1/15/2024 at 2:22 AM, 11:25 AM, 4:34 PM, and 11:41 PM.
-On 1/16/2024 at 10:41 AM, 6:35 PM, and 11:26 PM.
-On 1/17/2024 at 12:07 PM and 5:39 PM.
-On 1/18/2024 at 1:39 AM, 12:01 PM, and 3:45 PM.
-On 1/19/2024 at 12:27 AM, 9:20 AM, 3:37 PM, and 11:42 PM.
-On 1/21/2024 at 8:23 AM, 4:35 PM, and 11:49 PM.
-On 1/22/2024 at 8:28 AM, 3:47 PM, and 11:21 PM.
-On 1/2023/2024 at 12:24 PM and 9:39 PM.
-On 1/2024/2024 at 1:48 AM and 12:58 PM.
The following observations were made of the resident's stop sign:
- On 01/22/2024 at 7:55 PM, was not across the doorway with the door open and the resident was in bed.
- On 01/24/2024 at 2:12 PM, was down on the floor, not across doorway, with the door open and the resident in bed. At 2:26 PM, certified nurse aide #23 took the stop sign down to exit the room with a resident lift device, re-entered the room, then exited the room and did not replace the stop sign. Stop sign was hanging down on ground. At 2:31 PM, the stop sign was still down. At 2:47 PM, certified nurse aide #24 left the resident's room after answering their call light and the stop sign remained down.
-On 01/25/2024 at 6:14 AM, Resident #28's door was closed with no stop sign over door. Additionally, from 12:55 PM until 5:09 PM, several staff members walked by the residents door with the stop sign down and did not replace it or put is up across the door as care planned. Those staff that walked by the resident's room with the stop sign down and did not replace it included an unidentified laundry staff member, an unidentified certified nurse aide, the Social Services Director, certified nurse aide #24 and #22, licensed practical nurse #19, licensed practical nurse #1, and the Administrator.
The following observations were made of the resident's personal item grabber:
-On 1/22/2024 at 6:38 PM, the resident had a personal item grabber on their nightstand within reach.
-On 1/25/2024 at 11:32 AM, the resident had a personal item grabber on their nightstand within reach.
The following continuous observations were made of the resident's door and room on 1/25/2024:
-From 9:26 AM, when certified nurse aide #24 left the resident's room with breakfast tray and shut resident's door, to 10:48 AM no nursing clinical staff had opened the resident's door or entered resident's room for 15-minute safety checks.
-From 10:48 AM, when certified nurse aide #25 went into resident's room and left within the same minute with linens in hand, to 11:32 AM no nursing clinical staff had opened the resident's door or entered resident's room for 15-minute safety checks.
-From 1:22 PM, when certified nurse aide #25 left the resident's room, to 1:40 PM, no nursing clinical staff entered resident's room for 15-minute safety checks.
During an interview on 1/22/2024 at 6:42 PM, Resident #28 stated they recently had an altercation with another resident who wandered into their room. They stated they warned the other resident verbally and by hitting their table with their phone. They stated the other resident left then came back and started going through their stuff. Resident #28 stated they hit the other resident in the head with their phone because they were going through their stuff. Resident #28 stated staff told them the other was hard of hearing and Resident #28 could not hit other residents. Resident #28 stated they would do it again because that resident was going through their stuff.
During an interview on 1/25/2024 at 3:45 PM, certified nurse aide #22 stated stop signs were supposed to be always across resident the resident's door. If the stop sign is down, staff should put it back up. They stated Resident #28 has a stop sign due to two resident-to-resident altercations. They stated if the stop sign was down and a resident-to-resident occurred, the staff would be liable due to not following the care plan. They were unaware of any restrictions Resident #28 had regarding their personal item grabber. They should follow the care plan as the residents could get hurt if the staff does not follow the care plan.
During an interview on 1/25/2024 at 4:10 PM, licensed practical nurse #1 stated the stop signs should always be across a resident's door. They stated if the sign was down, a staff member should check the resident's room to make sure nothing had happened while the sign was down and then put the sign up. They stated the stop signs were a bright color for a reason. If a resident got confused and went into a room that wasn't theirs thinking it was, they could hurt the actual occupant of the room. They stated that Resident #28's stop sign had been taken down totally due to no resident-to-resident altercations and then put back into place about a week ago. They were unaware of any restrictions Resident #28 had regarding their personal item grabber and state they knew the resident had one. They stated staff should always follow the resident's plan of care to ensure resident safety.
During an interview on 1/26/2024 at 9:31 AM, certified nurse aide #29 stated on 1/14/2024 they had witnessed another resident had wheeled themselves into Resident #28's room. Resident #28 was yelling at the other resident to get out of their room. Certified nurse aide #29 stated when they walked into the room as Resident #28 threw their room phone at the other resident. The base of the phone had remained in Resident #28's hand and the receiver of the phone struck the other resident in the head. Certified nurse aide #29 stated Resident #28 had a stop sign at the time of the incident but did not know if it was up prior to the other resident rolling into Resident #28's room.
During an interview on 1/26/2024 at 9:39 AM, registered nurse Unit Manager #20 stated a resident's stop sign should always be up even if the door was shut. Registered nurse Unit Manager #20 was unaware if Resident #28 should have their personal grabber or not. They stated if it was care planned that the resident's personal grabber was removed, they should not have it. They stated care plans were updated in an interdisciplinary team meeting quarterly, annually, and as needed.
During an interview on 1/26/2024 at 11:22 AM, Director of Nursing stated a resident's stop sign should be always across a resident's doorway, especially if a resident has remained in bed all day. If a staff member was to come across a downed stop sign, they should put it back up. This applied to all staff members. They stated they were unaware if the original personal grabber for Resident #28 was removed and then provided back. They stated if the resident was provided the personal item grabber back, the care plan should have been updated.
2) Resident #14 had diagnoses of vascular dementia with agitation, hypertension (high blood pressure), and chronic obstructive pulmonary disease (lung disease). The 11/24/2023 Minimum Data Set assessment documented severely impaired cognition, exhibited physical and verbal behavioral symptoms, moderate assistance for most activities of daily living and moderate assistance for wheelchair mobility and management.
The 10/13/2023 incident report completed by Licensed Practical Nurse #36 documented Resident #14 had entered Resident #28's room and was hit in the head with a personal item grabber by Resident #28 when the resident did not hear the Resident #28's directive to leave. Resident #14 sustained a laceration to the head. Resident #14 was placed on 30-minute safety checks and was to be kept apart from Resident #28 in common areas.
The comprehensive care plan, revised 1/21/2024, documented the resident had exhibited behavioral symptoms which included being physically aggressive, throwing objects, and resident to resident altercations. The resident had 10 documented resident to resident altercations on: 1/31/2023, 2/25/2023, 3/12/2023, 3/25/2023, 7/16/2023, 7/17/2023, 9/18/2023, 9/19/2023, 10/13/2023, and 12/7/2023. The interventions included 15-minute safety checks from the incident dated 7/17/2023, 30-minute safety checks from the incident dated 10/13/2023, and 15-minute safety checks from from the incident dated 12/7/2023.
Psychiatric-Mental Health Nurse Practitioner #34's note dated 12/11/2023 documented the resident had an altercation where they attacked another resident on 12/7/2023 which caused both residents to fall with injury to the other resident. The resident had shown increased agitation with their wandering. The resident did not participate in dicussion with Psychiatric-Mental Health Nurse Practitioner #34. They recommended a medication increase for management of agitation and aggression with dementia.
The 12/7/2023 incident report completed by registered nurse supervisor #37 documented the resident had entered another resident's room and an altercation occurred which resulted in a fall for both residents. Resident #14 was sent out to the hospital for evaluation.
There was no documented evidence the resident was on a current safety check or that the safety checks were being completed.
The following observations were made of Resident #14:
-On 01/22/2024 at 8:06 PM, they were laying in bed alone, no staff around.
-On 01/23/2024 at 8:41 AM, they were sleeping in bed on a bare mattress, no staff around. At 11:04 AM, they were sleeping in bed on a bare mattress, no staff around or have checked on resident.
-On 01/24/2024 at 2:19 PM, they were laying in bed alone, no staff around.
During an interview on 01/22/24 08:06 PM, Resident #14 had not wanted to engage in questions.
During an interview on 1/25/2024 at 3:45 PM, certified nurse aide #22 stated that certified nurse aides were supposed to make a direct observation of a resident who was on safety checks at the interval specified. They were unsure if any resident was on 15-minute safety checks currently. They stated the safety checks were documented by the certified nurse aides in the electronic medical record. They stated the task for certified nurse aides turned yellow every 15 minutes when a resident was on 15-minute safety checks, so it triggered the certified nurse aide to document. If the safety checks were not completed, it could be a safety issue for the resident or other residents.
During an interview on 1/25/2024 at 4:10 PM, licensed practical nurse #1 stated currenlty there were no residents on 15-minute safety checks. They stated if a resident was on 15-minute safety checks, the nurses have a check list to make sure they were adhered to. They stated 15-minute safety checks should be done every 15 minutes but there were different degrees of urgency based on the reason for the safety checks. They stated if the safety checks were not conducted, a lot could happen as a lot of the residents are naturally confused.
During an interview on 1/26/2024 at 9:39 AM, registered nurse Unit Manager #20 stated 15-minute safety checks were conducted by rounding on the resident and the staff had to have make a direct observation of a resident. They stated certified nurse aides should document in the electronic medical record every 15 minutes when a resident was on 15-minute safety checks. They stated that if a resident was removed from safety checks, it should have been removed from their care plan. They stated Resident #14 should have had the safety checks removed from their care plan. If an intervention was no longer applicable to the resident or resident situation, it should have been removed from the care plan, so the staff had a clear directive of the resident's plan of care.
During an interview on 1/26/2024 at 11:22 AM, Director of Nursing stated the certified nurse aides should document in the electronic medical record at the time interval the safety check is designated. The certified nurse aides should make a direct observation of a resident when a safety check was conducted. They stated if the safety checks were not conducted, it could have a negative impact on the resident. The care plan should also be updated when a safety check was no longer applicable to a resident. They stated Resident #14 should have had the safety checks removed from their care plan after they were completed. If the care plan was not updated, it could cause confusion with the staff and the care for that resident.
10NYCRR 415.4(b)
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
Based on observation, record review, and interviews during the recertification and abbreviated (NY00321647 and NY00323860) surveys conducted 1/22/2024-1/26/2024, the facility did not ensure residents ...
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Based on observation, record review, and interviews during the recertification and abbreviated (NY00321647 and NY00323860) surveys conducted 1/22/2024-1/26/2024, the facility did not ensure residents who were unable to carry out activities of daily living received the necessary services to maintain good nutrition, grooming, and personal and oral hygiene for 2 of 4 residents (Residents #11 and #37) reviewed. Specifically, Resident #11 was not assisted with nail care and had food particles on their clothing; and Resident #37 was not assisted with personal hygiene and clothing changes.
Findings include:
The facility policy Resident Care with Activities of Daily Living effective 7/2021 and reviewed 1/2022 documented residents would receive accurate assistance and support with their needs for activities of daily living. Staff were to review the resident's care plan to assess for any special needs and notify the Supervisor if the resident refused the procedure.
The facility policy Care of Fingernails/Toenails reviewed 1/2024 documented nail care included daily cleaning and regular trimming. The procedure for cleaning fingernails documented the resident should soak their hands in warm soapy water for approximately 5 minutes and dirt should be gently removed from under each nail with an orange stick.
1) Resident #11 had diagnoses of muscle weakness, lack of coordination, and need for assistance with personal care. The 12/10/2023 Minimum Data Set assessment documented the resident was cognitively intact, used a walker and a wheelchair, required assistance of 2 for transfers, substantial/moderate assistance for bathing, and partial/moderate assistance for personal hygiene.
The comprehensive care plan revised 9/18/2023 documented the resident required assistance with activities of daily living related to weakness. Interventions included extensive assistance of 1 with personal hygiene, and assistance of 2 with bathing and transfers.
The 1/2024 resident care instructions documented the resident required extensive assistance of 2 for personal hygiene, dressing, bathing, and used a wheelchair.
Resident #11 was observed:
- on 1/23/2024 at 10:06 AM, sitting in their wheelchair in the front lobby wearing a gray shirt, black pants, and brown shoes. There were food crumbs on their shirt and wheelchair cushion. The resident had a dark brown substance under all 10 of their fingernails and white stains on their shoes.
- on 1/24/2024 at 2:20 PM, dressed in a red shirt, red plaid pajama pants and brown shoes. The resident had a dark brown substance under all 10 fingernails. There were food crumbs on their red shirt and white stains on their brown shoes.
- on 1/25/2024 at 10:02 AM, the resident had a dark brown substance under all 10 of their fingernails.
During an interview on 1/25/2024 at 3:17 PM, certified nurse aide #10 stated they looked up how to care for a resident in the resident's care profile in the electronic record. Resident #11 was dependent on staff for care and morning care included nail care. Certified nurse aide #10 stated the resident did not refuse care.
During an interview on 1/26/2024 at 8:27 AM, licensed practical nurse #13 stated the resident required total care with their activities of daily living and did not refuse care. A dark substance under the resident's nails was not appropriate or dignified.
During an interview on 1/26/2024 at 9:49 AM, licensed practical nurse Unit Manager #14 stated the resident was dependent on morning care, required assistance of 1 with personal hygiene, and could not clean their own nails. Licensed practical nurse Unit Manager #14 stated nurses were responsible for cutting the resident's nails, but anyone could clean them.
During an interview on 1/26/2024 at 10:44 AM, the Director of Nursing stated Resident #11 was diabetic, required assistance with personal hygiene. Nail care was part of morning care but could be performed at any time. If nursing staff observed dirty nails, they expected them to be cleaned right away. If the resident was diabetic, they would expect licensed nurses to perform nail care due to risk of infection and would expect certified nurse aides to alert the licensed nurses that the resident needed nail care.
2) Resident #37 had diagnoses of muscle weakness and need for assistance with personal care. The 10/12/2023 Minimum Data Set assessment documented the resident was cognitively intact, required supervision/touch assistance for personal hygiene and supervision/touch assistance with dressing.
The comprehensive care plan revised 12/01/2023 documented the resident required assistance with self-care and mobility related to impaired balance and limited mobility. Interventions included partial/moderate assistance with bathing, supervision/touch assistance with personal hygiene, and supervision/touch assistance with upper and lower body dressing.
The 1/2024 resident care instructions documented to encourage the resident to change their shirt when soiled, the resident required partial/moderate assistance of 1 for bathing and supervision with setup for dressing.
Resident #37 was observed:
- on 1/22/2024 at 7:22 PM wearing a rust-colored shirt, black pants, black sneakers, and had a beard. They were drooling while holding a chocolate milk container in their hands. They had a tan liquid substance in their beard and their clothing was soiled.
- on 1/23/2024 at 8:23 AM, wearing the same soiled clothing from 1/22/2024, a rust-colored shirt and black pants. The resident was self-propelling their wheelchair in the lobby wearing a clothing protector around their neck. At 11:19 AM, the resident was self-propelling in their wheelchair around the unit and had drool and food substances in their beard and was wearing soiled pants.
- on 1/25/2024 at 10:14 AM, exiting their room wearing a gray hooded sweatshirt jacket, blue track pants, and a green shirt. The resident had drool, liquids, and food substances in their beard and on their clothing. Their wheelchair was soiled with a food substance.
- on 1/26/2024 at 8:14 AM, propelling their wheelchair up the hall wearing the same soiled clothing from 1/25/2024, a gray hooded sweatshirt, blue track pants, and a green shirt.
During an interview on 1/25/2024 at 10:24 AM certified nurse aide #11 stated they knew how to care for a resident by looking at their care profile in the electronic record. Resident #37 required assistance of 1 for personal hygiene, drooled a lot, did not usually refuse care, and got up for the day on the night shift. Certified nurse aide #11 stated during the day shift if they noticed the resident's clothing was soiled, they would assist them with changing their clothes. It was not dignified to wear soiled clothing.
During an interview on 1/26/2024 at 8:27 AM, licensed practical nurse #13 stated Resident #37 was somewhat independent and tried to dress themselves but needed assistance of 1 for personal hygiene. All nursing staff were responsible for personal hygiene and the resident should be assisted with clothing changes every day. It was not dignified for the resident to wear soiled clothing.
During an interview on 1/26/2024 at 9:49 AM, licensed practical nurse Unit Manager #14 stated the resident was independent with dressing and transferring but required assistance of 1 with personal hygiene. Licensed practical nurse Unit Manager #14 stated the resident should be assisted with changing their shirt if it was soiled. It was not dignified to wear soiled clothing. The certified nurse aides should document if they refused care.
During an interview on 1/26/2024 at 10:44 AM the Director of Nursing stated the resident drooled a lot and often soiled their beard and clothing. They stated the resident needed assistance with personal hygiene. The resident should be assisted with changing their soiled clothing and they expected the nursing staff to assist them. If the resident was observed for several days wearing the same soiled clothing with liquid and food substances in their beard and on their clothing, it gave the appearance the resident was not being cared for and was not dignified.
10NYCRR 415.12 (a)(3)
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, record review, and interviews during the recertification survey conducted 1/22/2024-1/26/2024, the facility did not ensure a resident received respiratory care consistent with pr...
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Based on observation, record review, and interviews during the recertification survey conducted 1/22/2024-1/26/2024, the facility did not ensure a resident received respiratory care consistent with professional standards of practice for 1 of 1 resident (Resident #11) reviewed. Specifically, Resident #11 had a physician order for 2 liters of oxygen and received 1.5 liters and was observed not wearing oxygen as ordered.
Findings include:
The facility policy Oxygen Administration reviewed 1/2024 documented staff were to verify there was a physician order for oxygen. Staff should review the physician's orders and the resident's care plan to assess for any special needs; check the tubing connected to the oxygen cylinder to assure it is free of kinks; place appropriate oxygen device on the resident (mask, nasal cannula, nasal catheter) and adjust the oxygen delivery device so that it was comfortable for the resident and the proper flow of oxygen was being administered.
Resident #11 had diagnoses including acute respiratory failure with hypoxia (low oxygen levels in the blood), congestive heart failure (heart does not pump blood efficiently), and chronic obstructive pulmonary disease (lung disease). The 12/10/2023 Minimum Data Set assessment documented the resident was cognitively intact and required oxygen therapy.
The comprehensive care plan revised 7/6/2023 documented Resident #11 had an alteration in cardio-vascular function related to hyper/hypotension (high and low blood pressure), atrial fibrillation (abnormal heart rhythm), and congestive heart failure. Interventions included to administer medications as ordered, assess oxygen needs and provide oxygen as ordered by the physician, monitor blood pressure and vital signs, and offer for resident to go back to bed after meals for rest periods.
The 1/2024 resident care instructions documented critical supplies for the resident included oxygen.
The 1/19/2024 physician #15 orders documented oxygen at 2 liters per minute via nasal cannula every shift, check oxygen tank level every 4 hours, and change oxygen tubing weekly on Monday night shift.
During an observation on 1/23/2024 at 10:05 AM, Resident #11 was sitting in their wheelchair with a portable oxygen tank attached to the back of their chair and nasal cannula tubing in their nose. The dial on the oxygen tank was set at 1.5 liters, the nasal cannula was twisted near their neck, and the tank was almost empty. At 11:40 AM, the resident was sitting in their wheelchair with a portable oxygen tank attached to their chair. The oxygen tank dial was set at 1.5 liters per minute. The oxygen tank gauge needle was almost in the red refill area of the gauge.
During an observation on 1/24/2024 at 2:20 PM, Resident #11 was transferred via mechanical lift into their bed and assisted with toileting needs. At 2:32 PM, the resident was transferred back to their wheelchair and their oxygen nasal cannula tubing was not applied. The oxygen tubing was observed lying towards the back of the wheelchair near the right wheel.
During an interview on 1/25/2024 at 3:17 PM, certified nurse aide #10 stated the resident required oxygen. If the resident's oxygen tubing was displaced and was not on the resident, they would go and get a nurse for assistance. They stated certified nurse aides were not allowed to handle oxygen or the tubing.
During an interview on 1/26/2024 at 8:27 AM, licensed practical nurse #13, stated the resident was dependent for care and oxygen needs. The physician order for the resident's oxygen was for 2 liters, nurses were responsible to check the oxygen and the tubing and to ensure it was on the correct flow rate. If the tank was set to 1.5 liters that was not the correct amount. Certified nurse aides were only allowed to check the tank to see if it was full or empty and they should notify a nurse if the resident required assistance with their oxygen.
During an interview on 1/26/2024 at 9:49 AM, licensed practical nurse Unit Manager #14 stated the resident was dependent on oxygen and their physician order documented 2 liters. They stated nurses were responsible for the resident's oxygen orders. 1.5 liters was not the correct amount of oxygen for the resident and the risk of the resident not receiving the ordered amount of oxygen could result in their blood oxygen levels decreasing and they could develop shortness of breath and end up in the hospital.
During an interview on 1/26/2024 at 10:44 AM, the Director of Nursing stated licensed nurses were responsible for residents on oxygen as it was a medication order. The resident had significant cardiovascular medical conditions, was dependent on oxygen and their physician order was for 2 liters per minute. If the resident's oxygen tank was set to 1.5 liters, they would not receive the prescribed amount of oxygen and the resident could develop shortness of breath and their blood oxygen levels could decrease. Oxygen tubing should also be properly placed on the resident so they would receive the oxygen therapy.
10NYCRR 415.12 (k)(6)
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
Infection Control
(Tag F0880)
Could have caused harm · This affected 1 resident
Based on observation, interview, and record review during the recertification and abbreviated (NY00314269) surveys conducted 1/22/2024-1/26/2024, the facility did not establish and maintain an infecti...
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Based on observation, interview, and record review during the recertification and abbreviated (NY00314269) surveys conducted 1/22/2024-1/26/2024, the facility did not establish and maintain an infection prevention and control program designed to provide a safe, sanitary, and comfortable environment and to help prevent the development and transmission of infection for 4 of 5 residents (Residents #7, #29, #64, and #270) reviewed. Specifically, Resident #64's wound care was completed without appropriate hand hygiene and precautions to prevent contamination of the wound or clean supplies; and Residents #7, #29, and #270 had their blood glucose (blood sugar) checked and the glucometer (device used to measure blood sugar levels using a droplet of blood) was not disinfected between use or disinfected with an appropriate high-level disinfectant.
Findings include:
The facility policy Hand Hygiene - Guidelines for Hand Washing and Hand Antisepsis reviewed 1/2020 documented situations that required hand hygiene included before and after performing any invasive procedure, before and after assisting a resident with personal care, before and after changing a dressing (bandage), before and after assisting a resident with toileting, after handling used linens and dressings, after performing personal hygiene, and after removing gloves or other personal protective equipment.
The facility policy Wound care reviewed 1/2024 documented to put on exam gloves to remove the bandage, use the glove to cover the bandage to dispose of it, put on another pair of gloves and other personal protective equipment if needed, and use a no-touch technique to apply ointments or creams. If the wound required physical touching sterile gloves were to be worn, and exam gloves were needed to dress (apply new bandage) the wound with the no-touch technique.
The facility policy Cleaning and Disinfection of Glucometer reviewed 1/2024 documented that reusable items and durable medical equipment would be cleaned and disinfected according to current Center for Disease Control recommendations for disinfection and the Occupational Safety Health Act bloodborne pathogen standard. Glucometer cleaning should take place before and immediately after each use to prevent the spread of pathogens from blood or body fluids. In cases where the manufacturer had no cleaning recommendations, the use of an Environmental Protection Agency-register high-level disinfectant was the standard. Glucose meters used in a clinical setting for testing multiple persons must be cleaned and disinfected between patients.
Infection Control Not Maintained During a Dressing Change
Resident #64 was admitted to the facility with diagnoses including stroke, Alzheimer's dementia, and osteoporosis. The 9/14/2023 Minimum Data Set assessment documented the resident had severely impaired cognition, required extensive assistance of 1 for personal hygiene, extensive assistance of 2 for bed mobility, transfers, and toileting, was frequently incontinent of bladder and bowel, and did not have any pressure ulcers.
The comprehensive care plan initiated 9/21/2023 documented the resident had bowel incontinence related to cognitive impairment. The comprehensive care plan initiated on 11/13/2023 documented the resident had impaired skin integrity related to deep tissue injury on bilateral heels. Interventions included treatment per medical orders, evaluate the wound for size, depth, margins, and monitor for sign and symptoms of infection. The care plan initiated on 12/14/2023 documented the resident had alterations in skin integrity related to actual pressure ulcers.
Physician orders documented:
- on 12/28/2203 cleanse coccyx (end of tail bone) wound with wound cleanser, pat dry, apply calcium alginate (dressing used to absorb wound fluid) cut to fit wound bed, cover with silicone dressing as needed when soiled and in the morning for pressure injury.
-on 1/11/2024 cleanse and dry the left heel and apply hydrogel (a dressing used to maintain the wounds moisture), then abdominal pad (thick gauze dressing) and wrap with Kling (elastic gauze) once a day for heel care.
During an observation on 1/25/2024 at 6:55 AM, licensed practical nurse #19 and certified nurse aide #22 assisted Resident #64 with morning care and dressing changes. Licensed practical nurse #19 completed hand hygiene and put gloves on. They set up a border gauze (an absorbent dressing) and tape marked with the current date. They removed the old bandage from the left heel and rolled it up in the old gauze and placed it in the trash bin near the bed. They did not change their gloves or perform hand hygiene and sprayed with wound cleansing spray. They did not change their gloves or perform hand hygiene and the new bandage was placed with dry gauze and Kling and secured with tape. Licensed practical nurse #19 then assisted certified nurse aide #22 with dressing the resident and providing incontinence care. They removed the resident's dirty incontinence brief and rolled the resident to their left side. The dirty brief and bed pad were rolled up and left under the resident's left hip. Licensed practical nurse #19 cleansed the resident's bottom with a wet soapy washcloth. They did not change their gloves or perform hand hygiene. The wound was sprayed with wound cleanser, wiped with a wet soapy washcloth from the water bin from morning care, and dried with a white towel from the linen cart. They did not change their gloves or perform hand hygiene. A small piece of hydrogel from the package was placed on the wound, without cutting it to the size of the wound, and dated border gauze was applied over the area. The licensed practical nurse removed their gloves and completed hand hygiene.
During an interview on 1/25/2024 at 2:41 PM, licensed practical nurse #19 stated the correct order of a dressing change was to get staff assistance, unwrap and remove the old dressing, clean the wound as best as possible, apply a new dressing, and wash their hands. They stated they would put on gloves before removing the old dressing and should have changed their gloves after the old dressing was removed. The resident did not require a sterile or clean technique for their wound care/dressing change. It was important to change their gloves between the removal of the old bandage and the application of the new bandage because the old bandage could transfer unknown substances to the gloves that could then be transferred to the wound or the new bandage.
During an interview on 1/25/2024 at 3:20 PM, registered nurse #20 stated wound care was done with a clean technique and should include barriers, several pairs of gloves, and hand sanitizer. Hand hygiene and glove changes should occur between the removal of the old bandage and the application of the new bandage. Additionally, hand hygiene and glove changes should occur after the removal of an incontinence brief and before the start of wound care. It was important to change gloves because it should be a clean procedure, and incontinence briefs and old bandages were not clean. Changing gloves was important to prevent cross-contamination between the old bandage and the new bandage. The lack of hand hygiene and glove changes could negatively affect the resident's quality of care.
During an interview on 1/26/2024 at 10:01 AM, registered nurse #18 stated the expectation of performing a dressing change was to gather all required supplies, complete hand hygiene, apply gloves, remove the old dressing, clean the wound per orders, complete hand hygiene, put on new gloves, and apply a clean dressing with the date and time. Hand hygiene should be completed after supplies were cleaned up and when they exited the resident's room. Gloves should be changed between dressing changes to get rid of potential bacteria and for infection control. It was not appropriate to maintain the same pair of gloves for 2 dressing changes and assistance with morning care. This process could contaminate the wound with new bacteria from the incontinence brief change and general morning care. Infection control was important to keep residents safe, healthy, and reduce potential for resident compromise.
During an interview on 1/26/2024 at 10:11 AM, registered nurse #21 stated they were working toward their infection preventionist certification. The expectation of wound care was that it be completed with clean technique and depending on the wound and resident with sterile (totally clean free from bacteria or microorganisms) technique. Gloves were required to be changed between dressings to avoid cross-contamination from the old dressing to the new dressing. The best practice was to remove the old dressing, put on new gloves, and apply the new dressing. It was not appropriate to maintain the same gloves for both dressing changes and morning care that included changing a dirty incontinence brief. Every task should start with a new pair of gloves. There were several bacteria that could be introduced to a wound that come from an incontinence brief change.
During an interview on 1/26/24 at 10:22 AM, the Director of Nursing stated gloves should be changed between wound treatments. The importance of changing gloves between tasks was to reduce cross-contamination between wounds. One wound could have bacteria and it should not be given the opportunity to move to the other wounds. This could compromise the resident's health. It was not appropriate to maintain the same pair of gloves for changing a brief and then providing wound care. The process should have been to clean the resident, wash their hands, put on new gloves, then proceed with the wound care bandage change as ordered. The importance of changing gloves was patient safety.
Glucometer Not Disinfected Between Residents
The following was observed during a medication administration observation on 1/25/2024 with licensed practical nurse #19:
- at 11:50 AM, licensed practical nurse #19 completed a blood glucose finger stick on Resident #270. They wiped the resident's left index finger with alcohol, obtained a blood sample, and put the multi-person use glucometer back in top drawer of medication cart without disinfecting the device. The injected 9 units of insulin in the right upper deltoid after sanitizing the site with alcohol. Licensed practical nurse #19 did not wear gloves.
- at 11:59 AM, licensed practical nurse #19 completed a blood glucose finger stick on Resident #7 in the hall in front of the medication cart. The same glucometer that was used for Resident #270 was removed from top drawer of the medication cart. Licensed practical nurse #19 put gloves on, prepped the glucometer, wiped the resident's right index finger with alcohol, obtained a blood sample, discarded the supplies, and removed their gloves. The resident's insulin pen was removed from the top drawer, and 8 units were injected in the left abdomen after the area was cleaned with alcohol. Licensed practical nurse #19 put the glucometer back in the top drawer of the medication cart without disinfecting. Licensed practical nurse #19 stated they were done and did not perform hand hygiene.
During a medication administration observation on 1/25/2024 at 12:19 PM, registered nurse #26 completed a blood glucose finger stick on Resident #29. Registered nurse #26 set the glucometer on the bare overbed table without a clean barrier, put on their gloves, wiped the resident's finger with an alcohol pad, obtained a blood sample, and returned the glucometer to the overbed table. Insulin was administered to right abdomen, and they discarded their supplies. The glucometer was disinfected with alcohol wipes, and then set on the metal shelf in the bathroom while the nurse washed their hands. They exited the resident room holding the glucometer in their ungloved hand. During the observation, the Director of Nursing interjected and corrected registered nurse #26 to disinfect the glucometer again after picking it up from the metal shelf before placing it back in the medication cart.
During an interview on 1/25/2024 at 3:37 PM, registered nurse #20 stated glucometers should be placed on a sanitized table with a barrier. After the blood glucose finger stick, the glucometer should be sanitized with alcohol, placed on a clean barrier, and staff should wash their hands after removing gloves. They should not put the glucometer on a dirty surface after cleansing it and should put a barrier on top of the cart or place the machine in the top drawer of the cart. Gloves should be worn when obtaining blood glucose finger sticks as standard infection control precautions/prevention, the same goes for disinfecting of the glucometers. The glucometer should also be disinfected between residents. They stated Residents #7, #29, and #270 did not have bloodborne pathogen concerns.
During an interview on 1/26/2024 at 11:22 AM, licensed practical nurse #19 stated infection control education was done annually and as needed and it covered hand hygiene. Hand hygiene should be completed before any dressing changes, when they passed out meals, before a medication pass, when toileting residents, before taking care of a resident, and after taking care of a resident. Gloves should probably be worn when using the glucometer due to possible exposure to blood. They stated they forgot to put them on prior to using the glucometer. They were supposed to sanitize their hands prior to and after glucometer use and disinfect the glucometer in between each resident to prevent spread of infection. The top of the cart and the top drawer was contaminated thus possibly contaminating other objects on the top of the cart and in the top drawer. They stated they did not wear gloves the first time they used the glucometer and was not sure if they sanitized their hands.
During an interview on 1/26/2024 at 11:48 AM, registered nurse #18 stated they did not know the last time glucometer education occurred. They expected a yearly competency to be done for infection control, and glucometer procedures. Staff were supposed to put on gloves prior to obtaining blood samples. They were supposed to sanitize hands between residents.
During an interview on 1/26/2024 at 11:59 AM, registered nurse #21 stated staff should put on their gloves prior to cleaning the glucometer, change gloves and sanitize their hands, put on new gloves, perform the finger stick, take off their gloves, sanitize their hands, put on new gloves, disinfect the glucometer with alcohol wipes, remove their gloves, and sanitize their hands. They were supposed to put the glucometer on a barrier when in a resident's room to prevent cross contamination and prevent blood from getting on their skin and transmitting to others. The purpose of hand washing was to prevent spread of germs even if not visible. They were supposed to sanitize their hands between each resident and glove changes. The purpose of sanitizing the glucometer between residents was to prevent germs from going from resident to resident. If they put a non-sanitized glucometer on top of cart or in top drawer, items touching those surfaces were then contaminated.
During an interview on 1/26/2024 at 12:10 PM, the Director of Nursing stated staff should sanitize glucometers before and after each use to prevent cross contamination of infection. They were supposed to use gloves during blood glucose finger sticks to prevent potential bodily fluids exposure. They were supposed to sanitize their hands before putting on gloves, during each glove change, after taking gloves off, and between each resident to prevent cross contamination of germs.
10NYCRR 415.19(b)(1) & 415.19(b)(4)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Room Equipment
(Tag F0908)
Could have caused harm · This affected 1 resident
Based on observation, interview, and record review during the recertification survey conducted 1/22/2024-1/26/2024, the facility did not maintain equipment in safe operating condition for the main kit...
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Based on observation, interview, and record review during the recertification survey conducted 1/22/2024-1/26/2024, the facility did not maintain equipment in safe operating condition for the main kitchen and for 1 of 2 resident wings (B-unit). Specifically, the main kitchen hood exhaust fan was not functional; and there was no ice-dispenser machine available for resident use on the B-unit.
Findings include:
Main Kitchen exhaust:
During an observation on 1/22/2024 at 6:15 PM, the kitchen hood exhaust was not functional when tested.
The undated kitchen exhaust fan outage timeline of events documented on the morning of 12/13/2023 it was discovered that the exhaust fan in the kitchen hood was not functioning, and maintenance attempted repairs.
During an interview on 1/22/2024 at 6:15 PM, the Kitchen Supervisor stated they knew the hood motor blew a couple of weeks ago. They believed a part was ordered and needed to be replaced. They were not sure when the exhaust fan would be functional. They stated the kitchen staff left the windows open for ventilation when cooking.
During an interview on 1/23/2024 at 11:39 AM, the Food Service Director stated the exhaust fan motor has not been working for weeks and staff left the windows open for ventilation.
During an interview on 1/24/2024 at 2:42 PM, the Maintenance Supervisor stated about a month ago they found the exhaust fan motor had burnt out and not functioning. The part should have arrived and corporate was supposed to install the part tomorrow. They believed the kitchen staff opened the windows in the kitchen for ventilation until the exhaust was fixed.
Ice-dispenser machine:
During an observation on 1/23/2024 at 11:01 AM, there was no ice-dispenser machine available for resident use on the B-unit. Inside the B-unit kitchenette there was no ice-dispenser machine installed like the A-unit had. There was a 32-quart cooler with ice and an ice scoop on a rolling cart adjacent to the nurse's station.
During an interview on 1/23/2024 at 11:01 AM, the Director of Facilities stated there had been no ice machine on the unit for years as it went bad. They were not aware of any attempt to replace the ice-dispenser machine for the unit.
During an interview on 1/23/2024 at 11:35 AM, the Food Service Director stated the B-unit did not have an ice-dispenser machine and they used a cooler full of ice that came from the kitchen. Kitchen staff filled the cooler three times a day and delivered it to the unit.
During an interview on 1/24/2024 at 2:42 PM, the Maintenance Supervisor stated the B-unit did not have an ice machine. The nursing staff had a cooler that was filled with ice and a drink cooler with water and ice for the residents. They were not aware if there was going to be an ice machine for the unit.
During an interview on 1/25/2024 at 2:52 PM, certified nurse aide #24 stated the ice in the cooler was filled two or three times a day. The kitchen staff also provided the ice scoop for the ice cooler. They knew the A-unit had an ice machine and was not sure why the B-unit did not have one.
10NYCRR 415.29
10NYCRR 713-2.5
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0582
(Tag F0582)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and interview during the recertification survey conducted 1/22/2024 through 1/26/2024, the facility did n...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and interview during the recertification survey conducted 1/22/2024 through 1/26/2024, the facility did not provide the appropriate liability and appeal notices to Medicare beneficiaries for 3 of 3 residents (Residents #271, 272, and 273) reviewed. Specifically, Residents #271, #272, and #273 were discharged to home and were not provided with Notice of Medicare Non-Coverage (Centers for Medicare and Medicaid Services-10123) for Medicare Part A as required.
Findings include:
The Centers for Medicare and Medicaid Services instructions for the Notice of Medicare Non-Coverage form 10123 documents a Medicare provider or health plan (Medicare Advantage plans and cost plans, collectively referred to as plans) must deliver a completed copy of the Notice of Medicare Non-Coverage to beneficiaries/enrollees receiving covered skilled nursing, home health (including psychiatric home health), comprehensive outpatient rehabilitation facility, and hospice services. The Notice of Medicare Non-Coverage must be delivered at least two calendar days before Medicare covered services end or the second to last day of service if care is not being provided daily.
The facility policy, Cut Notices revised 5/2022 documents [Minimum Data Set] staff will issue the Notice of Medicare Non-Coverage to the resident/family and follow the rules for the patient's rights to appeal for Health Maintenance Organization A (medical insurance group that provides health services for a fixed annual fee) and Medicare A residents.
Resident #271 was admitted to the facility with diagnoses including acute kidney failure, cardiomegaly (an enlarged heart), and essential hypertension (high blood pressure). The Minimum Data Set, dated [DATE] documented it was a planned discharge and was a Skilled Nursing Facility Part A Prospective Payment System discharge assessment. The resident was cognitively intact.
Resident #272 was admitted to the facility with diagnoses including lack of coordination, history of falling, and osteoarthritis of the knee. The Minimum Data Set, dated [DATE] documented it was a planned discharge and was a Skilled Nursing Facility Part A Prospective Payment System discharge assessment. The resident was cognitively intact.
Resident #273 was admitted to the facility with diagnoses including paroxysmal atrial fibrillation (an abnormal heart rhythm) and osteoporosis without a fracture. The Minimum Data Set, dated [DATE] documented it was a planned discharge and was a Skilled Nursing Facility Part A Prospective Payment System discharge assessment. The resident was cognitively intact.
There was no documented evidence Residents #271, #272, and #273 were provided with Notice of Medicare Non-Coverage Centers for Medicare and Medicaid Services-10123 at least two calendar days before Medicare covered services ended.
During an interview on 1/23/2024 at 4:31 PM, the Regional Director of Admissions stated they and the Social Services Director issued the managed Medicare notices. They did not issue Medicare A notices and facility policy stated the Minimum Data Set Coordinator should have issued the notices.
During an interview on 1/25/2024 at 4:32 PM, registered nurse Minimum Data Set Coordinator #32 stated they had worked in the facility since May 2023 and had never issued a Notice of Medicare Non-Coverage Centers for Medicare and Medicaid Services form 10123 to a resident. The Regional Director of Admissions and Social Services Director issued the notices; they kept track of which residents were due to be cut and wrote it down in a book for tracking. They did not know how to fill out the forms the surveyor handed in regarding the Notice of Medicare Non-coverage and had to call their regional boss to find out how to fill them out. Registered nurse Minimum Data Set Coordinator #32 stated the Regional Director of Admissions and Social Services Director received electronic mailings on which residents needed a notice.
During a follow-up interview on 1/25/2024 at 4:46 PM, the Regional Director of Admissions stated they never issued Notice of Medicare Non-Coverage Centers for Medicare and Medicaid Services-10123 forms to Medicare A residents being discharged home because the residents agreed to the discharge. They stated they issued Notice of Medicare Non-Coverage Centers for Medicare and Medicaid Services-10123 forms to managed Medicare patients to explain their appeal rights because the resident's insurance determined they were ready for discharge. They stated they didn't realize if a resident wanted to go home it was considered a facility-initiated discharge.
During an interview on 1/25/2024 at 5:11 PM, the Social Services Director stated the facility initiated the discharge planning process. They met with the resident and/or family, assessed whether the resident's goals were met, set up home health services and follow up medical appointments and gave the resident discharge paperwork to sign on the day of discharge. They stated they gave one-week notice before discharge and had never had a situation arise when a resident was not ready for discharge and was discharged .
10 NYCRR 415.3(g)(2)(iii)