SERIOUS
(G)
Actual Harm - a resident was hurt due to facility failures
Accident Prevention
(Tag F0689)
A resident was harmed · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and staff interviews during the Recertification Survey and Abbreviated survey (NY 00282941 and NY 0027789...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and staff interviews during the Recertification Survey and Abbreviated survey (NY 00282941 and NY 00277891) initiated on 8/15/2022 and completed on 8/22/2022, the facility did not ensure that each resident received adequate supervision and assistive devices to prevent accidents. This was identified for 2 (Resident #394 and Resident #35) of 7 residents reviewed for Accidents . Specifically, 1) Resident #394 required bilateral Ankle-Foot Orthoses (AFO) and Darco shoes (special orthopedic shoes) and two-person assistance for transfers from one surface to another. On 9/8/2021 Certified Nursing Assistant (CNA) #3 transferred Resident #394 without using the AFO and the Darco shoes and without the assistance of a qualified staff member to transfer the resident from the wheelchair to the bed. Subsequently, Resident #394 twisted their knee and fell resulting in left tibia, fibula and ankle fractures. 2) Resident #35 had a Physician's Order for bilateral padded upper siderails when in bed. Resident #35 fell out of bed when their bed was replaced with another bed that did not have bilateral padded upper siderails. Subsequently, Resident #35 fell out of bed and sustained a laceration under the left eye; a hematoma to the right forearm and the left forehead; and skin tears to the right elbow and to the right thigh. This resulted in actual harm to Resident #394 that is not Immediate Jeopardy.
The findings are:
1) Resident #394 was admitted with diagnoses including Arthritis, Difficulty in Walking, and Unspecified Fracture of the Fifth Lumbar Vertebrae. The 6/28/2021 admission Minimum Data Set (MDS) assessment documented a Brief Interview for Mental Status (BIMS) score of 14, indicating the resident was cognitively intact. The MDS documented that the resident required extensive assistance of two staff members for transfers.
The Physician History and Physical dated 6/24/2021 documented that the resident was admitted from the hospital with multiple fractures involving the lumbar spine and bilateral pelvis.
A Comprehensive Care Plan (CCP) dated 7/1/2021 titled the resident has an ADL self-care performance deficit related to impaired balance, limited mobility, and multiple fractures, documented interventions including but not limited to transferring the resident as per the CNA tasks. The CCP did not provide specific directions related to assistance and devices required to transfer Resident #394 from one surface to another.
A rehabilitation note dated 8/26/2021, written by a Physical Therapy Assistant and co-signed by a Physical Therapist, documented Resident #394 was issued bilateral AFOs to prevent knee buckling
A rehabilitation note dated 8/26/2021, written by a Physical Therapy Assistant and co-signed by a Physical Therapist, documented Resident #394 requires a Lumbar Sacral Orthotic and bilateral AFOs and Darco (shoes) donned (put on) for all Out of Bed (OOB) activities. The resident no longer utilizing a Mechanical Lift.
A physician's order dated 8/26/2021 documented bilateral ankle-foot orthoses (AFO) with bilateral Darco shoes when out of bed (OOB) and remove as needed for skin checks and hygiene.
The [NAME] Report (CNA task instructions-directions provided to CNAs how to provide care to the resident) as of 9/7/2021 documented to transfer Resident #394 with extensive assistance of two staff members, Thoracic-Lumbar-Sacral Orthosis (TLSO), and bilateral AFOs with Darco shoes.
A nursing progress note written by Registered Nurse (RN) #1, unit RN, dated 9/8/2021 at 9:15 PM documented the writer (RN #1) was requested by the Resident Care Assistant (RCA) #1 at 5:15 PM to assist CNA #3 in Resident 394's room. Upon arrival the resident was noted crouched on CNA #3's knees with CNA #3's hands under the resident's arms. RN #1 and CNA #3 attempted to bring the resident up but were unable to do so. RN #1 and CNA #3 then lowered Resident #394 to the floor on the resident's buttocks and straightened the resident's legs out. Resident #394 complained of left lower extremity pain when the legs were being straightened out. The resident stated their leg was twisted when crouched down. The physician was made aware, and x-rays were ordered. X-ray results showed acute fracture of the medial malleolus (ankle) and distal fibula and tibia. The resident was transferred to the hospital [9/8/2021].
A Physician's order dated 9/8/2021 documented do not get Resident #394 out of bed until Lower Extremity x-ray results are done.
Radiology Report Results dated 9/8/2021 documented acute fractures of the left distal tibia and fibula and acute fracture of left medial malleolus and lateral malleolus.
A Physician's order dated 9/9/2021 [after return from hospital] documented Non-Weight Bearing (NWB) left lower extremity every shift.
A nursing progress note dated 9/9/2021 documented Resident #394 returned from the hospital. Diagnoses included multiple fracture to left tibia, fibula, left bilateral malleolar ankle. Resident #394 returned with a soft cast and an ace wrap to the left lower extremity and was NWB to the left lower extremity and a knee immobilizer to the right lower extremity.
An orthopedic consultation note dated 9/23/2021 documented Resident #394 sustained a left ankle fracture on 9/8/2021. The plan included to continue NWB status to the left ankle.
A review of the Accident and Incident (A/I) report dated 9/8/2021 prepared by the Assistant Director of Nursing Services (ADNS)/Risk Manager documented after conducting interviews and performing re-enactments, it is unclear if CNA #3 used RCA #1 for the transfer. Despite all attempts CNA #3 and RCA #1 continued to have different accounts of the incident. Either way, the transfer was not done correctly.
A written statement from CNA #3 in the 9/8/2021 A/I report documented CNA #3 asked the resident to allow them (CNA #3) to transfer the resident back to bed using a lift. Resident #394 used a walker and two people and did not want the lift; however, the resident wanted to go to bed because they (Resident #394) were tired. RCA #1 was in the room and CNA #3 asked RCA #1 for help transferring the resident. CNA #3 wrote that they (CNA #3) were not aware that the RCAs could not assist with transfers. As CNA #3 and RCA #1 stood the resident from their wheelchair, Resident #394 said their (Resident #394) knees started to buckle. The resident started to go down to the floor and RCA #1 then went to get the nurse.
A written statement from RCA #1 in the 9/8/2021 A/I report documented RCA #1 and CNA #3 were in the resident's room. Resident #394 was insisting on being put back to bed. CNA #3 was going to use the Hoyer lift (mechanical lift) but the resident insisted they (Resident #394) can be transferred with a walker. CNA #3 pulled the resident's walker over and then asked RCA #1 to assist after the resident was already standing up. Resident #394 stated their legs were giving up. RCA #1 ran over and assisted CNA #3 to hold the resident up. Resident #394 started screaming that they (Resident #394) were going to fall. RCA #1 went to get the nurse.
A written statement from Resident #394 in the 9/8/2021 A/I report documented CNA #3 and RCA #1 helped them (Resident #394) up from the wheelchair. When Resident #394 started to get up their knees started to buckle. Both the CNA and RCA were with me. The RCA could not help me, and the CNA could not help me alone. Resident #394 started to go down and their knees twisted and started to bend. Then they got the nurse and even though the nurse tried to help, [the nurse] could not help either.
A written statement from the Assistant Director of Nursing Services (ADNS)/Risk Manager in the 9/8/2021 A/I report documented on 9/8/2021 at 5:15 PM Resident #394 asked CNA #3 to put the resident back to bed. In preparation for getting in bed, the resident had their (Resident #394) braces (AFOs) taken off and sneakers were put on at their (Resident #394) request. On re-enactment CNA #3 stated RCA #1 was in the room, so CNA #3 asked the RCA to assist with the transfer. RCA #1 stated they (RCA #1) were in the resident's room looking for a phone charger and did not assist with the transfer. RCA #1 explained that they (RCA #1) only went over to the resident to help break the fall.
The Chief Nursing Officer was interviewed on 8/18/2022 at 11:00 AM and stated both CNA #3 and RCA #1 are no longer employed at the facility. There were multiple attempts made to contact both CNA #3 and RCA #1 without success.
The RN Nursing Educator was interviewed on 8/18/2022 at 2:28 PM and stated CNAs are aware of what the RCAs can do and cannot do, and RCAs are aware of what they can do. The RN Nursing Educator stated CNAs are taught specifically what an RCA can do, which is in the CNA orientation manual. The RN Nursing Educator stated CNAs get copies of the CNA job description and the RCA job description and also verbal instructions of what the RCAs can do.
The 2021 CNA Inservice Record documented that CNA #3 received inservice education on 8/9/2021 for Body Mechanics/Safe Patient Handling/Accident Prevention/Transfer Technique and on 8/10/2021 for following the plan of care and the CNA tasks in the [NAME].
The facility's undated document, titled CNA Position Description, documented under the direction and supervision of a licensed nurse, provides high quality care to residents, as well as assists them with activities of daily living (ADLs), to ensure the residents attain and maintain their highest practicable well-being. CNA duties include assisting residents in and out of bed, chairs, and stretchers per the resident's plan of care.
The facility's undated document, titled Daily Duties for Resident Care Assistants (RCA), documented No Transfers/No Toileting.
The Rehabilitation Director was interviewed on 8/19/2022 at 9:55 AM and Resident #394's transfer should have been performed with the resident wearing the bilateral AFOs because the AFOs help with the transfer by stabilizing the resident's legs.
The RN Nursing Educator was re-interviewed on 8/19/2022 at 11:27 AM and stated the AFOs should be removed after the resident is in bed because the AFOs are needed to stabilize the resident's feet.
The Chief Nursing Officer was interviewed on 8/19/2022 at 11:57 AM and stated the transfer should be performed according to what the [NAME] documents for the resident's transfer needs.
The ADNS/Risk Manager was interviewed on 8/22/2022 at 2:15 PM and stated they (ADNS/Risk Manager) completed the investigation related to the incident with Resident #394 on 9/8/2021 and concluded that the AFOs were removed prior to the transfer talking to the staff involved, re-enacting the incident, and asking questions. CNA #3 told them (ADNS/Risk Manager) that the AFOs were removed prior to transferring Resident #394. The ADNS/Risk Manager stated that Resident #394 had bilateral artificial hip and knee joints and was morbidly obese. According to the 8/26/2021 rehabilitation department progress note, the AFOs were issued to prevent knee buckling.
The Medical Director was interviewed on 8/22/2022 at 3:05 PM and stated removing the AFOs prior to the transfer if they were required for out of bed activities to prevent knee buckling would be a contributing factor to the fall.
2) Resident #35 has diagnoses which include Glaucoma and Depression. The quarterly Minimum Data Set (MDS) assessment dated [DATE] documented that the resident had severely impaired cognitive skills for daily decision making. The resident was totally dependent on two persons for bed mobility, transfers, and toilet use.
The Physician's Order dated 12/7/2020 documented bilateral padded upper side rails while in bed every shift.
The Authorization for Use of Side Rails form dated 12/7/2020 documented rationale for Resident #35's siderail use was bed boundaries due to impaired vision (glaucoma).
The Certified Nursing Assistant Task assignment last revised 12/7/2020 documented under the standard task: Safety-Side rails-Padded Up in Bed for bed boundaries due to being legally blind.
The Comprehensive Care Plan (CCP) entitled: The resident has an Activities of Daily Living (ADL) self-care performance deficit related to (r/t) impaired mobility and Terminal Dementia was initiated on 10/3/2020. The CCP was updated on 12/8/2020 to include bilateral padded side rails when in bed due to restlessness, confusion, and resident does not recognize bed boundaries.
The CCP entitled: The resident has impaired visual function r/t glaucoma and being legally blind was initiated on 12/7/2020. The CCP was updated on 4/19/2021 to include bilateral padded upper side rails for safety due to being legally blind.
The Physical Therapy (PT) Discharge summary dated [DATE] documented that the resident was dependent for bed mobility and transfers.
The Incident Review Quality Assurance Form (Accident/Incident form) dated 6/8/2021 documented that at 3:15 AM, the resident was found lying on the floor, on the right side of the bed, on their right side. The resident was noted with a moderate amount of bleeding to a right forearm hematoma. There was a hematoma to the resident's left forehead with a laceration under the left eye measuring 2.0 centimeters (cm) by (x) 0.5 cm. There was a bump noted to the back of the right side of the resident's head. There was a right elbow skin tear measuring 2.0 cm x 2.0 cm and a right thigh skin tear measuring 1.5 cm x 0.5 cm.
The Investigative Summary dated 6/15/2021 documented that on 6/3/2021 the nurse was notified that another resident needed a wide bed. Resident #35's wide bed that had the bilateral padded upper side rails was exchanged for a regular sized bed that did not have the bilateral padded upper side rails in place. The Certified Nursing Assistant (CNA), caring for Resident #35, did not put up the half side rails because the regular bed had none.
The Director of Rehabilitation was interviewed on 8/17/2022 at 3:45 PM and stated that the resident's last PT assessment before the fall from bed on 6/8/2021 documented that they (Resident #35) were dependent on two staff members for bed mobility and transferred with a mechanical lift.
The Maintenance Mechanic who exchanged the two beds on 6/3/2021 was interviewed on 8/19/2022 at 10:25 AM and stated that moving beds was common and happens weekly. The Maintenance Mechanic stated that a Nurse will tell them (Maintenance Mechanic) where to find the bed needed and switch it with another bed. The Maintenance Mechanic stated that the resident is taken out of the bed, both beds are cleaned by Housekeeping, and then they (Maintenance Mechanic) do the actual move. The Maintenance Mechanic stated that the Nurses tells them (Maintenance Mechanic) if a bed needs side rails because most beds do not have side rails. The Maintenance Mechanic stated that they (Maintenance Mechanic) do not add or take off the side rails unless they are told to by Nursing. The Maintenance Mechanic stated that they (Maintenance Mechanic) do not look if the beds have side rails or not when they (Maintenance Mechanic) move them. The Maintenance Mechanic stated that they (Maintenance Mechanic) tell the Nurse after the move is complete.
The Director of Nursing Services (DNS) was interviewed on 8/19/2022 at 1:45 PM and stated that during the facility's investigation it was found that the resident's plan of care was not followed because the regular sized bed that the resident received did not have side rails. The DNS further stated that the side rails could have prevented the resident's fall.
415.12(h)(1)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Resident Rights
(Tag F0550)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and staff interviews during the Recertification survey and Abbreviated Survey (NY 00286250) initiated on ...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and staff interviews during the Recertification survey and Abbreviated Survey (NY 00286250) initiated on 8/15/2022 and completed on 8/22/2022, the facility did not ensure that each resident is treated with respect and dignity and cared for in a manner and in an environment that promotes maintenance or enhancement of his or her quality of life. This was identified for one (Resident #489) of two residents reviewed for dignity. Specifically, on 11/9/2021 Resident #489 refused a scheduled shower. Resident #489's right to refuse the shower was not honored; and the staff administered the shower even though the resident refused to be showered.
The finding is:
The facility's policy for Resident Rights dated 11/2016 documented the resident has a right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility. The policy documented the facility must ensure that the resident can exercise his/her rights without interference, coercion, discrimination, or reprisal from the facility. The policy also documented the resident has the right to refuse and/or discontinue medications and treatments and have the right to be treated with dignity and respect.
Resident #489 was admitted with diagnoses that included Anxiety Disorder, Parkinson's Disease and Dementia. A Minimum Data Set (MDS) assessment dated [DATE] documented the resident's Brief Interview for Mental Status (BIMS) score was 12 which indicated moderate cognitive impairment. The resident required extensive assistance of one staff for bathing and did not reject care.
A Comprehensive Care Plan (CCP) dated 12/13/2020 documented the resident had Activities of Daily Living (ADL) selfcare performance deficit related to a Stroke and Dementia. Interventions included bathing/showering as per the Certified Nursing Assistant (CNA) task. The CCP did not include shower days and the nursing shift that the resident was to be showered.
The Certified Nursing Assistant (CNA) accountability record dated 11/2021 documented the resident required extensive assist of one staff member for bathing and receives showers on the 7:00-3:00 shift.
An Active Incident report dated 11/9/2021 documented that on 11/9/2021 at approximately 10:30 AM Certified Nursing Assistant (CNA) #6 and CNA #7(student) informed Resident #489 that a shower would be provided. CNA #6 told the resident that they (Resident #489) refused the previous showers and today they (Resident #489) really needed to take a shower. The resident started to yell and then screamed rape rape while they (Resident #489) were fully dressed and in the hallway. When the resident was taken to a shower room, CNA#6 began undressing the resident and identified that there was no hot water. CNA #6 then wrapped Resident #489 in a sheet and with CNA #7 (student) transported the resident to another shower room. While being transported to another shower room Resident #489 again began yelling and screaming rape; however, stopped yelling when the shower began with warm water.
The untitled Incident report summary dated 11/12/2021, written by Assistant Director of Nursing Services (ADNS), documented Resident #489 was interviewed by the ADNS and stated, I did not want a shower, it was rough. when questioned what that meant, Resident #489 repeated I did not want a shower. The resident stated no one raped them.
CNA #6, who was assigned to Resident #489 on 11/9/2021, was interviewed on 8/18/2022 at 2:42 PM. CNA #6 stated Resident #489 was scheduled for a shower on 11/9/2021. When CNA #6 took the resident to the shower room with another CNA (CNA #7), the water in the shower room was not hot and CNA #6 took Resident #489 to a different shower room. During transport to the other shower room Resident #489 began yelling rape, leave me alone I don't want a shower, rape rape. CNA #6 stated when the resident stated they (Resident #489) did not want a shower, they (CNA #6) were supposed to stop and not give the shower; however, CNA #6 continued to provide the shower to the resident because a student was with them (CNA #6). CNA #6 stated they had to teach the student CNA #7 what to do. CNA #6 stated Resident #489 refused the previous three showers, and they (CNA #6) did not want to get blamed for not providing a shower to the resident.
CNA #7 (student) was interviewed on 8/18/2022 at 3:20 PM and stated they were assigned to shadow CNA #6 and was assisting with performing care. CNA #7 (student) stated when they (CNA #6 and CNA #7/student) got to Resident #489 CNA #6 explained to the resident it was their (Resident #489's) shower day and that they (Resident #489) were getting a shower. CNA #7 (student) stated that the resident adamantly refused to be showered. CNA #7 (student) stated that CNA #6 explained to the resident that they had refused several showers prior and that they (Resident #489) had to take the shower. CNA #7 (student) stated that the resident began cursing at CNA #6 and stated they (Resident #489) did not want a shower. CNA #7 (student) stated CNA #6 explained to them (CNA #7) that the resident had to take the shower because they (Resident #489) had not taken a shower in days.
The Licensed Practical Nurse (LPN) #2, who was the LPN for Resident #489 on the 7:00 AM - 3:00 PM shift on 11/9/2021, was interviewed on 8/19/2022 at 4:15 PM. LPN #2 stated that Resident #489 has refused showers on multiple occasions and the CNAs know not to force the resident to take a shower. LPN #2 stated that CNA #6 did not report to them (LPN #2) that Resident #489 refused their shower on 11/9/2021. LPN #2 further stated that they did not hear the resident screaming and yelling during transport to the shower room.
The Chief Nursing Officer was interviewed on 8/22/2022 at 2:06 PM and stated they were not directly involved with the investigation of this incident; however, if a resident is refusing to be showered and is visibly upset the expectation is that the CNA should stop and report to the nurse that the resident refused to be showered.
ADNS #1 was interviewed on 8/22/2022 at 2:40 PM. ADNS #1 stated that due to allegation of rape, police were involved. Resident #489 reported to the Police Officer that they (Resident #489) were not raped and that they (Resident #489) just did not want to take a shower. ADNS #1 stated if the resident did not want to take the shower that the staff should have re-approached the resident. Additionally, ADNS #1 stated that the expectation is that CNA #6 should not have continued to give the resident a shower when the resident refused and should have stopped and re-approached the resident.
415.3(c)(1)(i)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0561
(Tag F0561)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and staff interviews during the Recertification Survey and Abbreviated Survey (NY00286250) initiated on 8...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and staff interviews during the Recertification Survey and Abbreviated Survey (NY00286250) initiated on 8/15/2022 and completed on 8/22/2022, the facility did not ensure that each resident has a right to make choices about aspects of his or her life in the facility that are significant to the resident. This was identified for one (Resident #489) of one resident reviewed for choices. Specifically, on 11/9/2021 Resident #489 refused a scheduled shower and the staff administered the shower even though the resident refused to be showered.
The finding is:
The facility Bathing/Personal Care Policy dated 10/2008 documented if the resident refuses the bath/shower, the nurse is to be notified. This is to be noted by the nurse in a quick note in the electronic medical record (EMR).
Resident #489 was admitted with diagnoses that included Anxiety Disorder, Parkinson's Disease and Dementia. A Minimum Data Set (MDS) dated [DATE] documented the resident's Brief Interview for Mental Status (BIMS) score as 12 which indicated moderate cognitive impairment. The MDS indicated Resident # 489 required extensive assistance of one staff member for bathing and did not reject care.
A Comprehensive Care Plan (CCP) dated 12/13/2020 documented the resident had Activities of Daily Living (ADL) selfcare performance deficit related to a Stroke and Dementia. Interventions included bathing/showering as per the Certified Nursing Assistant (CNA) task. The CCP did not include shower days and what nursing shift the resident was to be showered.
The CNA accountability record dated 11/2021 documented the resident required extensive assist of one staff member for bathing and receives showers on the 7:00-3:00 shift.
An Active Incident report dated 11/9/2021 documented that on 11/9/2021 at approximately 10:30 AM Certified Nursing Assistant (CNA) #6 and CNA #7(student) informed Resident #489 that a shower would be provided. CNA #6 told the resident that they (Resident #489) refused the previous showers and today they (Resident #489) really needed to take a shower. The resident started to yell and then screamed rape rape while they (Resident #489) were fully dressed and in the hallway. When the resident was taken to a shower room, CNA #6 began undressing the resident and identified that there was no hot water. CNA #6 then wrapped Resident #489 in a sheet and with CNA #7 (student) transported the resident to another shower room. While being transported to another shower room Resident #489 again began yelling and screaming rape; however, stopped yelling when the shower began with warm water.
The untitled Incident report summary dated 11/12/2021, written by Assistant Director of Nursing Services (ADNS), documented Resident #489 was interviewed by the ADNS and stated, I did not want a shower, it was rough. when questioned what that meant, Resident #489 repeated I did not want a shower. The resident stated no one raped them.
CNA #6, who was assigned to Resident #489 on 11/9/2021, was interviewed on 8/18/2022 at 2:42 PM. CNA #6 stated Resident #489 was scheduled for a shower on 11/9/2021. When CNA #6 took the resident to the shower room with another CNA (CNA #7), the water in the shower room was not hot and CNA #6 took Resident #489 to a different shower room. During transport to the other shower room Resident #489 began yelling rape, leave me alone I don't want a shower, rape rape. CNA #6 stated when the resident stated they (Resident #489) did not want a shower, they (CNA #6) were supposed to stop and not give the shower; however, CNA #6 continued to provide the shower to the resident because a student was with them (CNA #6). CNA #6 stated they had to teach the student (CNA #7) what to do. CNA #6 stated Resident #489 refused the previous three showers, and they (CNA #6) did not want to get blamed for not providing a shower to the resident.
CNA #7 (student) was interviewed on 8/18/2022 at 3:20 PM and stated they were assigned to shadow CNA #6 and was assisting with performing care. CNA #7 (student) stated when they (CNA #6 and CNA #7/student) got to Resident #489 CNA #6 explained to the resident it was their (Resident #489's) shower day and that they (Resident #489) were getting a shower. CNA #7 (student) stated that the resident adamantly refused to be showered. CNA #7 (student) stated that CNA #6 explained to the resident that they had refused several showers prior and that they (Resident #489) had to take the shower. CNA #7 (student) stated that the resident began cursing at CNA #6 and stated they (Resident #489) did not want a shower. CNA #7 (student) stated CNA #6 explained to them (CNA #7) that the resident had to take the shower because they (Resident #489) had not taken a shower in days.
The Licensed Practical Nurse (LPN) #2, who was the LPN for Resident #489 on the 7:00 AM - 3:00 PM shift on 11/9/2021, was interviewed on 8/19/2022 at 4:15 PM. LPN #2 stated that Resident #489 has refused showers on multiple occasions and the CNAs know not to force the resident to take a shower. LPN #2 stated that CNA #6 did not report to them (LPN #2) that Resident #489 refused their shower on 11/9/2021. LPN #2 further stated that they did not hear the resident screaming and yelling during transport to the shower room.
The Chief Nursing Officer was interviewed on 8/22/2022 at 2:06 PM and stated they were not directly involved with the investigation of this incident; however, if a resident is refusing to be showered and is visibly upset the expectation is that the CNA should stop and report to the nurse that the resident refused to be showered.
ADNS #1 was interviewed on 8/22/2022 at 2:40 PM. ADNS #1 stated that due to allegation of rape, police were involved. Resident #489 reported to the Police Officer that they (Resident #489) were not raped and that they (Resident #489) just did not want to take a shower. ADNS #1 stated if the resident did not want to take the shower that the staff should have re-approached the resident. Additionally, ADNS #1 stated that the expectation is that CNA #6 should not have continued to give the resident a shower when the resident refused and should have stopped and re-approached the resident.
415.5(b)(1-3)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Report Alleged Abuse
(Tag F0609)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and staff interviews during the Recertification Survey and Abbreviated Survey (Complaint #NY00277891) ini...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and staff interviews during the Recertification Survey and Abbreviated Survey (Complaint #NY00277891) initiated on 8/15/2022 and completed on 8/22/2022, the facility did not report an alleged violation related to an injury that resulted from not following the resident's plan of care to the New York State Department of Health (NYSDOH) within the required 24 hours. This was identified for one (Resident #35) of six residents reviewed for Accidents. Specifically, Resident #35 fell from their bed on 6/8/2021 which resulted in an injury, however the facility did not report the injury to the NYSDOH until 6/15/2021.
The finding is:
The facility's policy and procedure entitled Free From Abuse and Neglect dated 9/2017 documented: One element is needed for an incident of neglect to be reported to DOH: a) Failure to follow care plan with injury, (even just once, remember pain is an injury); or b) Repeated failure to follow care pan, with or without injury; or c) Failure to provide timely, consistent, safe, adequate and appropriate services.
Resident #35 has diagnoses which include Glaucoma and Depression. The quarterly Minimum Data Set (MDS) assessment dated [DATE] documented that the resident had severely impaired cognitive skills for daily decision making. The resident was totally dependent on two persons for bed mobility, transfers. and toilet use and totally dependent on one person for locomotion on the unit, dressing, eating, personal hygiene, and bathing.
The Authorization For Use of Side Rails from dated 12/7/2020 documented that the resident's son agreed for the use of side rails for Resident #35 for bed boundaries due to impaired vision (glaucoma).
The Physician's Order dated 12/7/2020 documented for the resident to have bilateral padded upper side rails while in bed every shift.
The Comprehensive Care Plan (CCP) entitled: The resident has an ADL (Activities of Daily Living) self-care performance deficit r/t (related to) impaired mobility and Terminal Dementia was initiated on 10/3/2020. An intervention initiated on this CCP on 12/8/2020 documented bilateral padded side rails when in bed due to restlessness, confusion, and resident does not recognize bed boundaries.
The CCP entitled: The resident has impaired visual function r/t glaucoma and being legally blind was initiated on 12/7/2020. An intervention initiated on this CCP on 4/19/2021 documented bilateral padded upper side rails for safety due to being legally blind.
The Incident Review Quality Assurance Form dated 6/8/2021 documented that at 3:15 AM, the resident was found lying on the floor, on the right side of the bed, on their right side. The resident was noted with a moderate amount of bleeding to a right forearm hematoma. There was a hematoma to the resident's left forehead with a laceration under the left eye measuring 2.0 cm (centimeters) x (by) 0.5 cm. There was a bump noted to the back of the right side of the resident's head. There was a right elbow skin tear measuring 2.0 cm x 2.0 cm and a right thigh skin tear measuring 1.5 cm x 0.5 cm.
The Investigative Summary dated 6/15/2021 documented that on 6/3/2021 the Nurse was notified that a peer needed a wide bed. Resident #35's wide bed was exchanged for a regular sized bed so the peer could be in an appropriate bed, however Resident #35's wide bed had half side rails and the regular bed it was exchanged for, did not. The Certified Nursing Assistant (CNA) (caring for Resident #35) did not put up the half side rails because the regular bed had none.
The Director of Nursing Services (DNS) was interviewed on 8/19/2022 at 1:45 PM and stated that during the facility's investigation it was found that the resident's plan of care was not followed because the regular sized bed that the resident received did not have side rails. The DNS stated that if the plan of care is not followed, the incident should be called into the NYSDOH within 24 hours.
415.4(b)(2)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Respiratory Care
(Tag F0695)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, record review, and interviews conducted during the Recertification survey, initiated on 8/15/2022 and comp...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, record review, and interviews conducted during the Recertification survey, initiated on 8/15/2022 and completed on 8/22/2022, the facility did not ensure residents who need respiratory care, including tracheostomy care, are provided such care consistent with professional standards of practice and the Comprehensive Person-Centered Care Plan. This was evident for one (Resident #88) of five residents reviewed for respiratory care. Specifically, Resident #88 had a Physician's order to change the tracheostomy inner cannula once a day. During an observation of the tracheostomy care on 8/17/2022, Resident #88 was observed without a disposable inner cannula in place.
The finding is:
The facility Policy and Procedure dated 8/1996, and last updated on 8/17/2022 for Tracheostomy care documented: Purpose for the care of the inner cannula is to maintain resident's airway and to keep the area around the tracheostomy tube clean. The procedure for the inner cannula care includes to replace the inner cannula daily by the day shift. The inner cannula should be assessed every shift.
Resident # 88 has diagnoses that include Chronic Respiratory Failure, Persistent Vegetative State, and Dependence on Respirator [Ventilator]. The Minimum Data Set (MDS) assessment dated [DATE] documented that the resident receives tracheostomy care and is on a respiratory ventilator.
The physician orders dated 8/9/2022 documented to change the tracheostomy (trach) Portex # 8 disposable inner cannula one time a day for hygiene.
During a tracheostomy care observation on 8/17/2022 at 2:43 PM, Respiratory Therapist (RT) # 3 provided the treatment to Resident # 88. Resident # 88 was observed without a disposable inner cannula. RT #3 inserted a new Portex # 8 disposable inner cannula. The RT #3 could not explain why the resident did not have a disposable inner cannula in place at the time of the treatment. RT #3 further stated the resident should always have an inner cannula in place.
The current Comprehensive Care Plan (CCP) dated 6/7/2022 documented Resident #88 had a tracheostomy related to Impaired breathing mechanics. Interventions included to provide tracheostomy care daily and as needed (PRN). Monitor tracheostomy site for any abnormalities.
The Treatment Administration Record documented that RT # 2 provided tracheostomy care including changing the disposable inner cannula on 8/17/2022 during the day shift. RT #1 provided tracheostomy care and changed the disposable inner cannula on 8/16/2022.
RT # 2 was interviewed on 8/17/2022 at 3:15 PM and stated that they (RT #2) did not change the disposable inner cannula on 8/17/2022 earlier in the day and did not know why they (RT #2) signed the TAR indicating that they (RT #2) changed the resident's disposable inner cannula. RT #2 further stated they (RT #2) only cleaned around the tracheostomy tube.
RT # 1 was interviewed on 8/22/2022 at 1 PM and stated that they (RT #1) performed tracheostomy care on August 16, 2022 and stated they (RT #1) inserted the new disposable inner cannula after removing the old disposable inner cannula. RT #1 stated they (RT #1) would never leave a resident without a disposable inner cannula.
The Registered Nurse (RN) Educator was interviewed on 8/17/2022 at 3:30 PM and stated disposable inner cannula should be in place for hygienic purposes. If the disposable inner cannula is not present, it can compromise the tracheostomy tube. The disposable inner cannula can be pulled out when a mucus plug develops or when there are thick secretions.
The Director of Respiratory Therapy was interviewed on 8/17/2022 at 4:45 PM and stated Resident # 88 has a tracheostomy tube that should always have an inner cannula. The tracheostomy tube is replaced once every 56 days as per the facility policy. If the inner cannula is not in place, the tracheostomy tube may have to be replaced more frequently than 56 days. The inner cannula may have a buildup of secretions and/or mucus plugs. The inner cannula should be changed on a daily basis or as needed and should always be in place.
415.12(k)(6)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Infection Control
(Tag F0880)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, record review, and staff interviews during the Post Survey Revisit (PSR) conducted on 10/21/2022, the faci...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, record review, and staff interviews during the Post Survey Revisit (PSR) conducted on 10/21/2022, the facility did not 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 communicable diseases and infections for one (Resident #1) of three residents reviewed for tracheostomy care. Specifically, during observation of tracheostomy care for Resident #1, who was on Contact and Droplet precautions due to Carbapenem-resistant Enterobacterales (CRE) in sputum and Extended Spectrum Beta-Lactamase (ESBL) infection in the urine, Respiratory Therapist (RT) # 1 did not utilize appropriate Personal Protective Equipment (PPE); did not follow infection control protocols while changing the tracheostomy inner cannula; and did not wash their (RT #1) hands during the procedure.
The finding is:
The Tracheostomy Care and Documentation Policy dated 8/96 and last revised on 9/2022 documented procedures that included but were not limited to: wash hands, don (put on) gloves and any other PPE that may be appropriate, mask and goggles if risk of splashing. Remove disposable inner cannula and discard. Insert sterile disposable inner cannula make sure it snaps into place.
The Handwashing/Hand Hygiene Technique Policy dated March 2013 documented handwashing/hand hygiene is generally considered the most important single procedure for preventing healthcare-associated infections. The indications for antiseptic Handwashing included but were not limited to when providing resident care which involved bloody or body fluids, bodily excretion, and secretions.
The Transmission Based Precaution Policy dated 7/15/2022 documented for residents on Contact Precautions the healthcare personnel caring for residents on Contact Precautions wear a gown and gloves for all interactions that may involve contact with the resident or potentially contaminated areas in the resident's environment. For residents on Droplet Precautions if there is a risk of exposure of mucous membranes or substantial spraying of respiratory secretions is anticipated, gloves and gown as well as goggles (or face shield) should be worn.
The Personal Protective Equipment Policy dated 8/2021 documented to perform hand hygiene before donning gloves and after glove removal. The policy further documented that glove are not substitute for hand hygiene. The policy included gowns are to be worn to protect arms, exposed body areas and clothing from contamination with blood, body fluids, and other potentially infectious material. Indication/consideration for PPE use of gloves included but were not limited to: perform hand hygiene before donning gloves and after removal; gloves are not a substitute for hand hygiene; and change gloves and preform hand hygiene between clean and dirty tasks.
Resident #1 was readmitted with diagnoses of Chronic Respiratory Failure, Chronic Obstructive Pulmonary Disease with Acute Lower Respiratory infection, and Quadriplegia. The Minimum Data Set (MDS) assessment dated [DATE] documented Resident #1 had a Brief Interview for Mental Status (BIMS) score of 12 which indicated the resident had moderately impaired cognition. The MDS documented that the resident was ventilator dependent, required oxygen therapy, suctioning and tracheostomy care.
The Physician's orders dated 10/17/2022 documented the resident was on Contact/Droplet precautions secondary to CRE in the sputum and ESBL in the urine. Change disposable tracheostomy inner cannula every shift and as needed for hygiene.
The Comprehensive Care Plan (CCP) for Multi Drug Resistant Organisms (MDRO) colonization, Pseudomonas aeruginosa, (Carbapenem Resistant) CRE in the sputum, and ESBL in the urine dated 8/31/2021 and last revised on 7/29/2022 documented Resident #1 was on standard and contact precautions effective 8/31/2021. Resident #1's care equipment be appropriately cleaned, disinfected, or sterilized according to facility protocol.
The CCP for tracheostomy for Impaired breathing mechanics, respiratory failure, vent dependence dated 5/06/2022 documented to provide tracheostomy care daily and as needed.
Resident #1, who was ventilator dependent, was observed for tracheostomy care on 10/21/2022 at 10:40 AM. There was signage outside the resident's room with instructions Stop see the nurse for appropriate PPE use. RT #1 was wearing a face mask and eye protection; however, was not wearing a gown. RT #1 was observed donning a pair of disposable gloves without washing their hands before donning the gloves. RT #1 pulled Resident #1's privacy curtain around the resident's bed to provide privacy. RT #1 removed water cups, napkins, and pieces of gauze from the over-the-bed table then proceeded to clean Resident's #1 chest area. RT #1 set up the sterile field on the over-the-bed table to replace the resident's tracheostomy inner cannula wearing the same gloves. RT #1 then opened a sterile glove packet while wearing the same disposable gloves. While wearing the same disposable gloves RT #1 was observed inserting their right-hand pointer, middle and ring fingers into the sterile glove as a second layer. RT #1 did not remove their soiled gloves and did not wash their hands before they opened and utilized the sterile glove. RT #1 was observed removing the tracheostomy inner cannula with the right hand three fingers and then replaced the sterile inner cannula with their right hand while stabilizing the surrounding area with the left hand.
RT #1 was interviewed on 10/21/2022 at 10:50 AM and stated that they do not remove their soiled gloves before they apply sterile gloves for any procedure. RT #1 stated they will not remove their used gloves and wash their hands before they open a sterile glove packet to apply the sterile gloves, since this was their routine practice. RT #1 stated there was no reason to remove the soiled gloves and wash their hands and that touching surfaces will not make the gloves soiled. RT #1 stated they did not use a disposable gown because Resident #1 did not have any infection control concerns. RT #1 stated they did not notice the stop see the nurse for appropriate PPE use sign that was posted outside the resident's room. RT #1 stated they were educated on the importance of washing their hands and using the correct technique to apply the sterile gloves; however, could not recall when they received the training. RT#1 stated that if we do not use the appropriate glove technique, the resident can get an infection because of germs on the gloves.
RT #2 was interviewed on 10/21/2022 at 11:10 AM and stated that they overheard RT #1's sterile glove usage technique while they (RT#2) were outside Resident #1's room. RT #2 stated RT #1 was supposed to remove their soiled gloves and wash their hands before they applied the sterile gloves to change Resident #1's inner cannula.
The Director of Respiratory Therapy was interviewed on 10/21/2022 on 2:00 PM and stated that RT #1 should have taken their soiled gloves off and washed their hands before applying the sterile gloves to complete the inner cannula change task. The Director of Respiratory Therapy stated that RT #1 put Resident #1 at risk of contracting bacteria, since RT #1 had not used proper technique for changing the inner cannula.
The Infection Control Nurse, who is also the Director of Nursing Services (DNS), was interviewed on 10/21/2022 at 2:30 PM and stated that they educated RT #1 upon hire and periodically regarding hand washing and proper use of gloves. The DNS stated RT #1 failed to remove their soiled gloves prior to wearing sterile gloves. The DNS stated Resident#1 had an infection in the sputum and RT #1 put the resident at risk for further infection. RT#1's sterile glove technique was not acceptable. The DNS further stated that RT#1 should have worn a disposable gown while providing care to Resident #1 since the resident was on contact and droplet precautions.
415.19 (a)(1-3); 415.19(b)(4)