SERIOUS
(H)
📢 Someone Reported This
A family member, employee, or ombudsman was alarmed enough to file a formal complaint
Actual Harm - a resident was hurt due to facility failures
Accident Prevention
(Tag F0689)
A resident was harmed · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interviews and record review conducted during the recertification and abbreviated surveys (NY00350448, NY0035998, NY003...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interviews and record review conducted during the recertification and abbreviated surveys (NY00350448, NY0035998, NY00343310, NY00351372) from 1/22/2025-1/29/2025, the facility failed to ensure that four (4) of six (6) residents' (Resident, #534 #70, #207, #65) environment remained as free of accident hazards as possible and that each resident received adequate supervision and assistance to prevent accidents. Specifically: 1. Resident #534 was not supervised to prevent a fall from a wheelchair, which resulted in three (3) fractured ribs and a fractured scapula (shoulder blade); 2. Resident #70 required a mechanical lift and two-person physical assist for transfers. Certified Nurse Aide #24 used a sit to stand assistance device and one person for the transfer, resulting in a painful bruise on the left side of the forehead; 3. Resident #207 required a two-person assist for bathing, toileting, and transfers as documented in their plan of care however the assigned aide provided a one-person assist for bathing and the resident was later found with a bruise on their forehead. 4. Resident #65 required a mechanical lift and two-person physical assist for transfer. The resident was transferred with only one (1) assistant and had to be lowered to the floor.
This resulted in actual harm that was not Immediate Jeopardy to Residents #534, #70, and #207 when Resident #534 sustained fractured ribs and a fractured scapula, and Residents #70 and #207 both sustained painful bruising.
Findings include:
The policy and procedure titled Resident Incident/Accident Reporting and Investigation Process revised 8/31/2022, documented the facility is to effectively investigate potential and actual injuries to resident to maximize resident care and minimize adverse resident outcomes. The licensed nurse notifies the nursing supervisor on duty of the accident/incident.
1. Resident #534 had diagnoses including Parkinson's Disease (progressive neurodegenerative disorder that affects movement, balance, and coordination), dementia, diabetes and a history of falls.
The admission Minimum Data Set (an assessment tool) dated 3/20/2024, documented the resident was cognitively intact, required tray set up for eating, moderate assistance for toileting and Activities of Daily Living. The resident used a wheelchair, did not have wandering behaviors, and had a history of falls.
The Fall Risk tool dated 3/10/2024, documented the resident was at risk for falls.
The Comprehensive Care Plan dated 3/16/2024, documented the resident needs a safe environment with even floors free from spills and or clutter, needs to be evaluated for and provided adaptive equipment (low bed and wheelchair), review information on past falls, attempt to determine cause of falls, and out of bed in common area while awake and restless.
A psychiatry note dated 4/9/2024 documented Resident #534 had a history of dementia and was an unreliable historian. The resident was minimally verbal, and their short-term memory, fund of knowledge, insight and judgment were limited.
During a review of the Accident and Incident Reports and nurses' notes, the resident experienced seven (7) falls between 4/5/2024 and 5/25/2024 and four (4) of these falls resulted in injury. On 5/24/2024 Resident #534 sustained fractured ribs at levels #4, 5 and 6 and a fractured inner scapula following a fall.
The Accident/Incident Report dated 4/5/2024, documented a witnessed fall where the resident was observed in their wheelchair in the dining room, and while changing position, slipped off the wheelchair onto the floor. The resident reported they were tired and wanted to go back to bed.
The Accident/Incident Report dated 4/21/2024, documented Resident #534 was found kneeling in front of the wheelchair in their room. The resident stated they were trying to go to the bathroom and wanted to go back to bed. There were no injuries. Fall care plan updates included anticipate and meet the resident's needs, remind resident to use call bell to get help.
The Accident/Incident report dated 4/23/2024 documented Resident #534 was observed on the floor in their room lying on their right side with the wheelchair tilted onto the right side. The resident was alert, awake, and moving all extremities. There was an abrasion noted to their right elbow.
The Accident/Incident Report dated 4/27/2024, documented Resident #534 was observed lying on the floor in the dining room with their head on the baseboard and wheelchair turned over on the side and situated under them. A hematoma (clotted blood from a broken blood vessel) was noted in the occipital (back of head) area. A cool compress was applied, and neuro checks were started. The resident denied pain. A new Fall Care Plan intervention included for no apparent injury, determine and address causative factors of the fall, monitor, document, and report for 72 hours signs and symptoms of pain, bruising, change in mental status, new onset of confusion, sleepiness, inability to maintain posture and agitation. Purposeful rounding was also added.
The facility had no documentation that defines Purposeful rounding.
The Accident/Incident Report dated 4/28/2024, documented Resident #534 was found in the hallway with a small laceration (cut) to their left eyebrow.
The Accident/Incident Report dated 5/7/2024, documented Resident #534 was found on the floor by the door to their room. The resident had a swollen raised area on the top, left side of their head which was bleeding. The resident to be placed by nurses' station for safety monitoring.
The care plan updated 5/8/2024, documented the resident's room was changed so they would be closer to the nurse's station for observation.
The Accident/Incident Report dated 5/25/2024, documented at 6:00 AM Licensed Practical Nurse #40 was informed by Certified Nurse Aide #41 of a bruise on the resident's back which was painful to the touch and was discovered while turning the resident on their side. There was no documented evidence of a recent fall. The Nursing Supervisor, Physician, and family were notified, and the resident was transferred to the hospital.
During the facility investigation, it was determined there was an unwitnessed fall on 5/24/2024 while the resident was left unattended in the Southwest dining room. It was determined Certified Nurse Aide #43 and Food Service Worker #42 picked up Resident #534 from the floor without a Registered Nurse assessment. Licensed Practical Nurse #44 was aware the resident fell but did not notify the Nursing Supervisor, physician, or family about the fall. Resident #534 was returned to their room until a large bruise was identified during morning rounds on 5/25/2024 by Certified Nurse Aide #41, who in turn notified the nurse.
On 5/28/2024, Food Service Worker #42 documented in their statement that on 5/24/2024 after 6:00 PM, they were coming from the bathroom and saw the resident on the floor in the Southwest dining room area and called out for someone to come and help. Certified Nurse Aide #43 asked Food Service Worker #42 to help them get Resident #534 off the floor and into the chair. Certified Nurse Aide #43 then wheeled the resident out of the dining room.
During an interview with Food Service Worker #42 on 1/27/2025 at 10:15 AM, they stated they came out from the bathroom and saw resident #534 on floor, laying on their side and the wheelchair was on its side next to the resident. Certified Nurse Aide #43 came to the dining room and asked them (Food Service Worker #42) if they would help them get the resident into the wheelchair. Food Service Worker #42 stated they grabbed the resident by their pants and their arm and got the resident into the chair. They stated there was no other staff present in the dining room at that time.
During an interview on 1/27/2025 at 11:08 AM, Certified Nurse Aide #43 stated they were on the facility computer and was told by Licensed Practical Nurse #44 that Resident #534 was on the floor and to go and get them off the floor. They further stated they were only doing what they were told. They stated they went to the dining room and picked up the resident with Licensed Practical Nurse #44.
During an interview with Licensed Practical Nurse #44 on 1/27/2025 at 1:05 PM, they stated they were passing medications on the unit and knew there was something going on in the dining room but did not know what. They asked Certified Nurse Aide #43 to go in the dining room to see what was going on. The next thing they saw was Certified Nurse Aide #43 wheeling the resident out of the dining room in a wheelchair. Licensed Practical Nurse #44 stated they went to the resident's room and the resident was already in bed. They stated they did not know if the resident fell or slid to the floor, but they should have called the Supervisor to assess the resident.
During an interview with the Director of Nursing on 1/28/2025 at 12:07 PM, they stated the fall on 5/24/2024 was investigated and they did not know why Food Service Worker #42 and Certified Nurse Aide #43 lifted the resident off the floor. Resident #534 was not assessed by a nurse, which delayed required treatment. They stated there were no vital signs obtained, and the physician and family were not notified until the next morning when the bruise was found by the Certified Nurse Aide.
During an interview on 1/29/2025 at 4:33 PM, Registered Nurse #3 stated they would not expect residents who needed closer supervision to be left in the dining room. Registered Nurse #3 stated they were surprised Resident #534 was left unattended and they should not have been left alone.
During a follow-up interview with the Director of Nursing on 1/29/2025 at 3:46 PM, they stated after dinner, staff take residents out of the dining room and no staff were in the dining room when the resident fell. Resident #534 was at risk for falls and should have been supervised. The Director of Nursing stated they did not know why Resident #534 was left in the dining room alone, but Certified Nurse Aides were bringing residents out of the dining room and putting them to bed instead of waiting until all the residents were cleared from the dining room. The Director of Nursing reviewed the care plan and stated the care plans should have been updated, after each fall, with clear guidance for supervision and the interventions would have transferred to the [NAME] (care instructions) for the Certified Nurse Aides to follow.
During an interview on 1/29/2025 at 4:53 PM, Attending Physician #47 stated Resident #534 had a history of falls and would stand up unassisted. Physician #47 stated the staff should have provided close monitoring and the resident should not have been left in the dining room alone. There should have been an assessment by the nurse after the fall. Physician #47 stated rib fractures could cause extreme pain and difficulty breathing, and the resident would have been in pain all evening and night.
During an interview on 1/30/2025 at 11:11 AM, Physician #46 stated they were covering for Attending Physician #47 and saw Resident #534 on the day the bruise was found. They stated it was a large painful bruise and the resident had facial grimaces when touched. They stated the resident was possibly in pain all night and if they were made aware sooner, the resident would have been transported to the hospital sooner. Physician #46 stated their expectation was that the nurse would assess the resident and call the physician as there was always a physician on call.
During an interview on 1/30/2025 at 12:17 PM, Registered Nurse Unit Manager #9 stated the resident was care planned for purposeful rounding, and to be in the common area when out of bed. They stated purposeful monitoring was keeping an eye on the resident, providing closer supervision. A Certified Nurse Aide was assigned, on a rotating basis, throughout the shift to the supervised area. Registered Nurse Unit Manager #9 was unable to provide documented evidence of purposeful monitoring. They also stated all staff knew that if someone fell, a Registered Nurse needed to assess before getting the resident off the floor.
2. Resident #70 was admitted with diagnoses of Schizophrenia (mental illness that affects how a person thinks, feels, and behaves), cerebrovascular accident (stroke) and depression.
The 6/21/2024 Annual Minimum Data Set (an assessment tool) documented the resident's cognition was intact and the resident was dependent on staff for transfer.
The Physical Therapy assessment dated [DATE], documented Resident #70 was total dependence for transfers.
The physician order dated 4/16/2024, documented to transfer the resident with a mechanical lift.
The mechanical lift competency dated 6/14/2024, documented Certified Nurse Aide #24's signature.
The Certified Nurse Aide Care Guide dated 8/2024, documented the resident was dependent on staff for transfers.
The Comprehensive Care Plan for Activity of Daily Living, last updated 7/8/2024, documented Resident # 70 required the use of a mechanical lift with staff assistance.
The facility incident report dated 8/6/2024, documented on 8/5/2024 Resident #70 was transferred by Certified Nurse Aide #24 using a sit to stand assistance device instead of a mechanical lift. During the transfer, Resident #70 struck their head on the handle of the sit to stand assistance device. Certified Nurse Aide #24 stated that using the sit to stand assistance device instead of the mechanical lift was easier for transferring the resident to the shower. Certified Nurse Aide #24 reported the incident to the nurse on duty that day. Nursing Supervisor #9 stated the incident was not reported to them until 8/6/2024. The resident transfer order is mechanical lift and staff was aware. Certified Nurse Aide #24 did not seek assistance from another staff member to facilitate the resident transfer and use the mechanical lift.
A skin assessment dated [DATE] documented Resident #70 had a bruise on the left frontal lobe of the head, measuring 1 centimeter by 2 centimeter. No swelling was noted at the time of the assessment.
A physician note dated 8/8/2024, documented an area of ecchymosis (discoloration of the skin) on the left forehead with mild tenderness.
During an observation on 1/22/2025 at 10:00 AM, Resident #70 was in the doorway of the bathroom, sitting in their wheelchair on a pad used with the mechanical lift.
During an interview on 1/23/2025 at 10:27 AM, Resident # 70 stated a transfer to the shower was conducted using a sit to stand assistance device. During the transfer, they struck their head on the handle of the sit to stand assistance device causing significant pain, and the nurse on duty looked at their head.
During an interview 01/27/2025 at 9:27 PM, Certified Nurse Aide #24 stated on 8/5/2024, Resident #70 was transferred to the shower using a sit to stand assistance device. During the transfer, Resident #70 moved forward and struck their head on the handle of the sit to stand assistance device. They stated the transfer should have been performed with the assist of two (2) staff members and the mechanical lift as documented in the care guide. Following the incident, a report was made to Licensed Practical Nurse #25 and no bruising was observed at the time of the incident. However, bruising became apparent the following day.
During an interview on 1/24/2025 at 1:15 PM, Licensed Practical Nurse #25 stated Certified Nurse Aide #24 reported that during a transfer, Resident #70 struck their head on the handle of the sit to stand assistance device. An examination of the resident's head was conducted, and no bruising or discoloration was observed at that time. Documentation of the incident was not completed, and the supervisor was not informed. The following day it was revealed that the incorrect lift and only one (1) staff member was involved in the transfer.
During an interview on 1/24/2025 at 1:03 PM, Licensed Practical Nurse #26 stated Resident #70 told them that they hit their head the previous day (8/5/2024) while taking a shower. Licensed Practical Nurse #26 stated they looked at Resident #70's head and found bruising to the left frontal lobe and called the supervisor.
During an interview on 1/28/2025 at 9:55 AM, Registered Nurse Supervisor #9 stated they were made aware of the incident the following day (8/6/2024) and Resident #70 sustained a bruise to the left forehead. Certified Nurse Aide #24 did not follow the care plan and used a sit to stand assistance device instead of a mechanical lift for the transfer, resulting in the resident having a head injury.
During an interview conducted on 01/28/2025 at 9:59 AM, the Director of Nursing stated that Certified Nurse Aide #24 used a sit to stand assistance device instead of a mechanical lift for a transfer. During the transfer, Resident #70 bent forward and struck their head on the handle of the lift, resulting in an injury. Certified Nurse Aide #24 reported the incident to the nurse; however, the supervisor was not informed in a timely manner.
3. Resident #207 had diagnoses including neurocognitive disorder with Lewy bodies (a progressive brain disorder), non-Alzheimer's dementia, and malignant neoplasm (cancer).
The quarterly Minimum Data Set (an assessment tool) dated 6/24/2024 documented Resident #207 had severe cognitive impairment and was dependent on two (2) staff for bed mobility, transfer, toileting, and bathing.
The 9/28/2023 Behavior Care Plan documented behaviors included spitting and hitting staff during care. Interventions included to administer medications as ordered, psych follow up; ensure safety of resident and others, explain procedure prior to start; monitor for emotional factors that may contribute to new behaviors; provide towel in residents hand to hold prior to the start of care; and provide emotional support regarding new onset of repetitive behaviors.
The 10/16/2023 Activities of Daily Living care plan documented Resident #207 required extensive assist of one (1) person for eating, extensive assist of two (2) person for bed mobility and total assist of two (2) persons for transfer and toileting.
The 8/13/2024 at 5:51 PM Registered Nurse progress note documented they were notified of an injury of unknown origin and Resident #207 was observed with an abrasion on the right side of their forehead. The abrasion with mild swelling measured 3 centimeters by 2 centimeters. The resident was not able to report occurrence and grimaced when a cold pack was applied to the area.
The 8/13/2024 Investigation Summary for Injury of Unknown Origin documented the resident was observed with redness and swelling to their forehead at approximately 5:30 PM. The resident was returned to their bed using the mechanical lift for transfer without incident. Resident #207 required total assistance with Activities of Daily Living, however Certified Nurse Aide #31 completed the resident care alone without the assistance of a second certified nurse aide. The investigation conclusion documented Resident #207 sustained an injury due to care plan violation.
When interviewed on 1/28/2025 at 10:29 AM, Certified Nurse Aide #32 stated they assisted Certified Nurse Aide #31 to put the resident in bed. Certified Nurse Aide #32 stated Certified Nurse Aide #31 told them they could leave, and they would finish washing up the resident alone. Certified Nurse Aide #32 stated they went to the dining room during dinner to feed another resident. After dinner, Certified Nurse Aide #31 asked them to go look at Resident #207. When they went to see Resident #207, they observed a red mark on resident's forehead and stated it was reported to the nurse immediately and that they had a safe transfer because the resident had their towel, and they were calm during the transfer. They did not know what happened after they left the room and later when they returned, they noticed a red mark on the resident's forehead. Certified Nurse Aide #32 stated Resident #207 was a two (2) person assist for all Activities of Daily Living.
When interviewed on 1/28/2025 at 12:52 PM, Register Nurse Supervisor #29 stated the resident was a two (2) person assist and did not know why Certified Nurse Aide #31 would provide care alone. Register Nurse Supervisor #29 stated Certified Nurse Aide #31 should not have provided care alone when resident was planned for a two (2) person assist and had a history of combative behavior.
When interviewed on 1/28/2025 at 2:04 PM, the Director of Nursing stated Certified Nurse Aide #31 reported Resident #207 was not combative and did not fight during care that day. The Director of Nursing stated Certified Nurse Aide #31 was not able to explain why they provided care alone when the resident required a two (2) person assist. The Director of Nursing stated they were unable to really figure out what happened and when they attempted to touch the resident or provide care the resident would not allow them to touch them and immediately had behaviors.
When interviewed on 1/29/2025 at 3:23 PM, Certified Nurse Aide #31 stated Certified Nurse Aide #32 helped with a mechanical lift transfer to put the resident in bed. Certified Nurse Aide #31 stated they did not know why Certified Nurse Aide #32 left the room and they washed up the resident alone. Certified Nurse Aide #31 stated the resident was very combative at times and required a two (2) person assist for transfers with a mechanical lift
415.12(h)(2)
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
Deficiency F0583
(Tag F0583)
Could have caused harm · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, record review and interview during the recertification survey and abbreviated survey (NY00339514) from 1/2...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, record review and interview during the recertification survey and abbreviated survey (NY00339514) from 1/22/25 to 1/30/25, the facility did not ensure that each resident's right to privacy and confidentiality of their personal and medical records was maintained. Specifically, the health information of another resident was attached to Resident #535's discharge summary and given to Resident #535's designated representative.
The findings are:
The policy and procedure titled Health Information Privacy and Accountability Act Information Security Policy revised 1/26/2023 documented corporate information assets shall be protected whether the information is in oral, written, taped or electronic form. Corporate information assets shall be equally protected regardless of the nature of the asset and how and where it is transmitted or stored.
Resident #535 was admitted to facility with the following diagnoses Diabetes, Hypertension and Muscle Weakness.
The admission Minimum Data Set, dated [DATE] documented Resident #535 had modified independence in cognition.
The 3/19/24 Discharge Summary note documented Resident #535 was discharged to the care of their family. Instructions given and understood.
On 01/24/25 at 11:42 AM and 12:04 PM, the Administrator stated Resident #535's designated representative let them know they received the health information record of another resident and stated they did send the paperwork back to the facility but could not recall the resident's name and was unable to provide copies of the returned health information record. The Administrator stated the nurse that discharged Resident #535 printed the discharge summary, took the paperwork off the fax/copy machine and attached another resident's health information record to the discharge summary.
10 NYCRR 415.3 (d)(1)(ii)
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
Report Alleged Abuse
(Tag F0609)
Could have caused harm · This affected 1 resident
Based on observation, interview, and record review conducted during Recertification and Abbreviated Survey (NY00358858, NY00369058) conducted from 01/22/25-1/30/25, the facility did not ensure that al...
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Based on observation, interview, and record review conducted during Recertification and Abbreviated Survey (NY00358858, NY00369058) conducted from 01/22/25-1/30/25, the facility did not ensure that all alleged violations of abuse including injuries of unknown origin were reported immediately, but not later than 2 hours to the state survey agency for 2 of 3 residents reviewed for Abuse (Resident #110 and Resident#186). Specifically, 1) Resident #110 was noted to have a bruise on 10/27/24 that was not reported to the state agency until 10/30/24. and 2) Resident # 186 was noted to have a bruise on 1/12/25 that was not reported to the state agency until 1/16/25.
The findings are:
The facility policy titled Abuse, Neglect and Mistreatment Prevention dated 11/4/22 documented particularly for events that take place in nursing home or adult day health center - if during the course of the investigation, identifies that serious bodily injury has occurred and there is reasonable suspicion that abuse, neglect, mistreatment or exploitation is the cause, reports the situation within two hours to the state agency and local police precinct and fills out any forms required by the agency.
1) Resident # 110 had diagnoses including Heart Failure, Dementia, and Atrial Fibrillation.
The 9/30/24 Quarterly Minimum Data Set documented Resident #110 had severely impaired cognition, verbal and physical behaviors exhiboted 1-3 days, and required substantial to maximal assist with all activities of daily living.
The Investigation Report documented a bruise was reported to the floor nurse on 10/27/24, the supervisor was made aware on 10/28/24, and reported to the state agency on 10/30/24.
During interview on 1/29/25 at 11:08 the Director of Nursing stated the injury of unknown origin was initially reported on 10/27/24, an investigation was initiated to include interviews, and the facility findings were inconclusive.They stated it was then reported to the Department of Health on 10/30/24.They stated they were on vacation at the time.The Director of Nursing stated they were aware of state agency reporting requirements of 2 hours.
During interview on 1/29/25 at 12:01 PM the Medical Director stated although they could not conclusively rule out abuse the resident had a significant history of behaviors. The Medical Director stated the residents advanced age, fragile skin, behaviors, resistance to care, osteopenia, blood thinners and a malignancy put the resident at high risk for bruises.The Medical Director stated they were unaware the facility did not report the injury of unknown origin to the state agency in a timely manner.
2) Resident # 186 had diagnoses including Dementia, History of Breast Cancer, and Hypertension,
The 11/15/24 Quarterly Minimum Data Set documented Resident #186 had severely impaired cognition, was dependent with activities of daily living and had one fall with injury.
The 1/12/25 Incident Investigation documented the Licensed Practical Nurse went to Resident #186's room and noted a left forehead hematoma, left cheek 1x1 skin tear and discoloration to the left cheekbone. Resident #186 was unable to state how the incident occurred. The injury of unknown origin was reported to the state agency on 1/16/25 at 9:13 AM.
During interview on 1/24/25 at 1:54 PM the Administrator stated they were aware injuries of unknown origin needed to be reported to the state agency within 2 hours.
During interview on 1/28/25 at 3:00 PM the Director of Nursing stated the bruise was noted on 1/12/25, but was not reported to the state agency until 1/16/25.
10 NYCRR 415.4(b)(2)
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
Transfer Notice
(Tag F0623)
Could have caused harm · This affected 1 resident
Based on record review and interview conducted during Recertification and Abbreviated Surveys (NY00361430) from 1/22/25 to 1/30/25, the facility did not ensure residents and/or representatives were pr...
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Based on record review and interview conducted during Recertification and Abbreviated Surveys (NY00361430) from 1/22/25 to 1/30/25, the facility did not ensure residents and/or representatives were provided written notification in a manner they understood and that a copy of the notice was sent to a representative of the Office of the State Long-Term Care Ombudsman for 1 of 3 residents (Resident #127) who was transferred/discharged to the hospital.
The findings are:
There was no documented evidence of a facility policy to address notification of residents or their representatives and the Ombudsman in writing of the reason for the resident's transfer to the hospital.
Resident #127 was admitted with diagnoses including Anemia, Coronary Artery Disease, and Hypertension.
The 12/25/24 Minimum Data Set Discharge Return/Anticipated assessment documented Resident #127 was discharged .
The 12/25/24 Nursing Note documented the resident had several episodes of vomiting and diarrhea, vital signs 136/95, heart rate 94, Resp rate 19 temp 97.5 O2 Sat 97% room air, complained of chills. The physician was notified and a telephone order for hospital transfer was given. At 5:15 AM, the resident was transferred to the hospital and the family was notified.
There was no documented evidence that the Ombudsman was notified of Resident #127's transfer to the hospital.
On 01/27/25 at 12:15 PM the Director of Social Work stated they were responsible to send written notices of the reason for transfer and to send copies to the Ombudsman.The Director of Social Work stated that no such documentation was available for review. They stated they only sent the documents if a resident was admitted to the hospital, but if resident was sent to the emergency room and returned without being admitted to the hospital, they did not send notice of reason for transfer to the resident/representative or to the Ombudsman. The Director of Social Work stated they were not aware to send the notices unless a resident was admitted to the hospital
10NYCRR 415.3 (i)(1)(ii)(a)(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
Deficiency F0625
(Tag F0625)
Could have caused harm · This affected 1 resident
Based on record review and interview conducted during the Recertification and Abbreviated Surveys (NY00361430) from 1/22/25 to 1/30/25, the facility did not ensure residents or resident representative...
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Based on record review and interview conducted during the Recertification and Abbreviated Surveys (NY00361430) from 1/22/25 to 1/30/25, the facility did not ensure residents or resident representatives were notified in writing of the facility bed hold policy for 1 of 3 residents (Resident #127) reviewed for hospitalization. Specifically, Resident #127 was transferred to the hospital and the facility was unable to provide evidence that written notice of facility bed hold policy was given to the resident or their representatives.
The findings are:
The facility policy and procedure, bed hold retention dated 11/9/2023 documented nursing will include a copy of the bed hold retention policy with the resident as part of the hospitalization documents. No policy was provided to document that the facility will notify residents or their representatives in writing of the facility bed hold policy.
Resident #127 was admitted with diagnoses including anemia, coronary artery disease, and hypertension.
The 12/25/24 Minimum Data Set Discharge Return / Anticipated Assessment documented the resident was discharged .
The 12/25/24 Nursing Note documented the resident had several episodes of vomiting and diarrhea, vital signs 136/95, heart rate 94, Resp rate 19 temp 97.5 O2 Sat 97% room air, complained of chills. The physician was notified and a telephone order for hospital transfer was given. At 5:15 AM, the resident was transferred to the hospital and the family was notified.
There was no documented evidence a written notice of the facility Bed Hold Policy was given to the resident or their representative.
On 01/27/25 at 12:15 PM the surveyor requested a copy of the notice of facility bed hold policy given to the resident or their representative, and notification that was sent to the Ombudsman. The Director of Social Work stated that no such documentation was available for review. The Director of Social Work stated they were responsible for sending the facility bed hold policy to the resident/representative. They stated they only sent the documents if a resident was admitted to the hospital, but if the resident was sent to the emergency room and returned without being admitted to the hospital, they did not send the notification of facility bed hold policy.
10NYCRR 415.3 (i)(3)(i)(a)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Comprehensive Care Plan
(Tag F0656)
Could have caused harm · This affected 1 resident
Based on observation, record review, and interview conducted during a recertification survey from 1/22/25 to 1/30/25, the facility did not ensure a person centered comprehensive care plan was develope...
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Based on observation, record review, and interview conducted during a recertification survey from 1/22/25 to 1/30/25, the facility did not ensure a person centered comprehensive care plan was developed and/or implemented for 1 of 1 resident (#78) reviewed for Hospice Care. Specifically, there was no documented evidence that a care plan was developed when Residents #78 was put on hospice care on 1/15/25.
The findings include:
Resident #78 was admitted to the facility with diagnoses including dysphagia, cerebral aneurysm, and dementia without behaviors.
The Significant Change Minimum Data Set (resident assessment) dated 11/20/24 documented the resident's cognition was severely impaired.
The 1/14/25 Health Status Note documented hospice came today to do a consult. As per the nurse practitioner the resident will start on hospice tomorrow 1/15/25.
There was no documented evidence that a care plan was developed when Residents #78 was put on hospice care on 1/15/25.
The 1/16/25 Social Service Note documented the social worker was informed hospice accepted the resident onto hospice care effective 1/15/25. Team informed.
During observation on 1/22/25 at 12:21 PM the hospice aide was trying to feed Resident #78.
During an interview on 1/29/25 at 11:57 AM, Registered Nurse Supervisor #3 stated they did not initiate the hospice care plan and it was their responsibility to develop the care plans. Registered Nurse Supervisor #3 stated they did not develop the care plan because they had time off from the facility and had just returned to work 2 days prior.
10NYCRR 415.11(c)(1)
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
Quality of Care
(Tag F0684)
Could have caused harm · This affected 1 resident
Based on observation, record review and interview during a recertification survey and abbreviated survey (NY00343310) conducted 01/22/25-01/30/25, the facility did not ensure residents received qualit...
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Based on observation, record review and interview during a recertification survey and abbreviated survey (NY00343310) conducted 01/22/25-01/30/25, the facility did not ensure residents received quality of care in accordance with professional standards of practice for 1 of 4 Residents (#534) reviewed for accidents. Specifically, timely assessment and treatment were not provided for Resident #534 who had a 5/24/24 unwitnessed fall that was not reported by Certified Nurse Aide #43 and Licensed Practical Nurse #44. Subsequently, on 5/25/24 after bruising was noted on their back Resident #534 was transferred to the hospital where it was determined Resident #534 had a fractured scapula and fractured ribs #4,#5 and #6.
The findings are:
The facility policy titled Resident Incident/Accident Reporting and Investigating Process revised 8/31/22 documented the responsibility of the employee is to notify a licensed nurse if they observe a resident who has sustained an accident/injury of unknown origin. The responsibility of the licensed nurse is to complete the exam of the resident with the injury of unknown origin and notify the nursing supervisor of the injury of unknown origin.
Resident #534 had diagnoses including Parkinson's Disease, Dementia and Diabetes Mellitus.
The admission Minimum Data Set (an assessment tool) dated 3/20/24 documented Resident #534 had cognitive impairment, required moderate assistance for activities of daily living, used a wheelchair, did not have wandering behaviors and had a history of falls.
The Fall Risk Tool dated 3/10/24 documented Resident #534 was at risk for falls.
The Comprehensive Care Plan dated 3/16/24 documented out of bed in common area while awake and restless.
There was no evidence in the medical record that documented Resident #534 had an unwitnessed fall, the registered nurse supervisor, medical doctor or family were notified, an assessment was conducted. or that treatment was provided after the 5/24/24 fall.
The Accident/Incident report dated 5/25/24 documented at 6:00 AM Licensed Practical Nurse #40 was informed by Certified Nurse Aide #41 of a bruise on the resident's back which was painful to touch and discovered while turning the resident on their side. There was no history of a fall. The nursing supervisor, physician and family were notified, and the resident was transferred to the hospital. Statements were obtained from staff but did not reveal a fall had occurred. On 5/28/24 a statement by Food Service Worker #42, documented they were coming from the bathroom and saw Resident #534 on the floor in the dining room. They called for help and were met but Certified Nurse Aide #43 who asked them for help to get the resident into the wheelchair. They helped the resident into the chair and Certified Nurse Aide #43 left the room with the resident The Accident/Incident report documented the Director of Nursing returned to question the staff again on 5/28/24. Certified Nurse Aide #43 at first denied a fall occurred then stated there was a fall and Licensed Practical Nurse #44 helped to get the resident off the floor without the nursing supervisor assessment. Licensed Practical Nurse #44 also denied a fall occurred but then stated they assisted Resident #534 off the floor with Certified Nurse Aide #43 and did not notify the nursing supervisor to report the fall or assess the resident for injuries. On 5/25/24 Resident #534 was sent to the hospital for evaluation of a large painful bruise on their back which the hospital determined to be fractured ribs #4,#5,#6 and an acute comminuted and displaced fracture of the inferior right scapula.
During an interview on 1/27/25 at 11:08 AM Certified Nurse Aide #43 stated they were on a computer and the licensed practical nurse told them someone was on the floor in the dining room and to get them off the floor.Certified Nurse Aide #43 stated Licensed Practical Nurse #44 did not make a report or inform the supervisor about the incident.
During an interview on 1/27/25 at 1:05 PM Licensed Practical Nurse #44 stated they knew something was happening in the dining room and sent Certified Nurse Aide#43 in to see what was going on. They stated they saw Certified Nurse Aide #43 wheeling Resident #534 out of the dining room. Licensed Practical Nurse #44 stated they should have called the supervisor, but did not because they did not know if the resident slid to the floor or fell. Licensed Practical Nurse # 44 stated the resident should have been assessed by a registered nurse before being helped off the floor,
During an interview on 1/27/25 at 11:56 AM the Director of Nursing stated they did an investigation to find out why the resident had a bruise and was in pain. They stated Certified Nurse Aide#43 told them there was no fall because they had been asked to help residents off the floor and didn't want to get the nurse in trouble. The Director of Nursing stated Certified Nurse Aide #43 told them they got the resident off the floor with Licensed Practical Nurse #44. The Director of Nursing stated Certified Nurse Aide#43 and Licensed Practical Nurse#44 moved Resident#534 off the floor before an assessment was done and because the fall was not reported treatment was delayed until the next morning.
During an interview on 1/30/25 at 11:11 AM Medical Doctor #47 stated they were the covering doctor who first saw the resident during the morning of 5/25/24. They stated there was right shoulder pain, some facial grimacing and swelling. They stated if they were made aware sooner the resident would have gone to the hospital sooner. Medical Doctor #47 stated they had many residents in the facility and their expectation was for nurses to assess and let them know of any issues. Medical Director #47 stated the physician was on call 24/7. Medical Doctor #47 stated they relied on the staff.
During an interview on 1/29/25 at 4:35 PM Medical Doctor #46 (Primary Physician) stated the resident was at risk for falls and needed close monitoring. Medical Doctor #46 stated the resident often stood up from their wheelchair without assistance. Medical Doctor #46 stated the resident should not have been left alone in the dining room. Medical Doctor #46 stated the resident should have been assessed after the fall and should have gotten care after the fall. Medical Doctor #46 stated rib fractures are very painful. Medical Doctor #46 stated they expected a registered nurse would assess a resident after a fall.
10NYCRR 415.12
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0692
(Tag F0692)
Could have caused harm · This affected 1 resident
Based on observation, record review, and interview during the Recertification Survey from 1/22/2025-1/30/2025, the facility did not ensure each resident maintained, to the extent possible, acceptable ...
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Based on observation, record review, and interview during the Recertification Survey from 1/22/2025-1/30/2025, the facility did not ensure each resident maintained, to the extent possible, acceptable parameters of nutrition and hydration status for one of two residents (Resident #163) reviewed for Nutrition. Specifically, for Resident #163 there was no documented evidence for the implementation of 960ml per day fluid restriction as per physician order.
The finding is:
The Policy & Procedure titled Nursing Intake and Output; Management of Fluid Restriction revised 12/2024 documented the purpose is to maintain an accurate record of resident's fluid intake and output with risk for dehydration or fluid overload. Procedure: Nurse initiates intake and output sheets and determines with the dietician the amount of fluids to be provided with meals, between meals, and with medications. The Dietician indicates on meal card Fluid Restriction, and monitors fluid provided at meals. The Certified Nurse Aide records intake and output and reports at the end of the shift.
Resident #163 had diagnoses including Alzheimer Disease, End Stage Renal Disease, and History of Tachycardia.
The Physician Order dated 3/29/24 documented Dialysis Tuesday, Thursday, Saturday. Nutritional Supplements 237 mililiters one time a day, fluid restrictions 960 milliliters a day 11-7 60 milliliters, 7-3 660 milliliters, 3-11 240 milliliters, and renal diet.
The Annual Minimum Data Set (an assessment tool) dated 12/6/2024 documented Resident #163 had severely impaired cognition, and received dialysis while a resident
The Resident Care Plan dated 12/20/24: Potential for Nutrition, Risk for altered Fluid Balance related to End Stage Renal Disease documented fluid restriction with no specifics.
During observation on 1/22/2025 at 12:30 PM, Resident #163 was observed eating lunch in their room. The meal tray was observed with coffee and juice.
The resident's meal ticket on 1/23/25 did not document Resident #163 was on fluid restriction.
There was no documented evidence in the electronic medical record for daily fluid ml's consumed
During an interview on 1/27/25 at 12:22 PM, Registered Dietician #1 stated the resident was on fluid restriction related to dialysis as documented in the doctor order and medication administration record. Registered Dietician #1 stated the kitchen provided fluids based on the meal ticket and nurses should tally the amount taken in. They stated staff should know they could not go over the daily total amount fluid restriction and were unaware the resident meal ticket did not reflect fluid restriction.
During an interview on 01/27/25 at 12:38 PM, Kitchen Supervisor #23 stated if the resident was on a fluid restriction it should be documented on the resident's meal tickets. They were unsure why Resident #163's meal ticket did not reflect the fluid restriction.
During an interview on 01/27/25 at 12:42 PM, Certified Nurse Aide #10 stated Resident #163 liked coffee with meals and normally consumed 2 cups. They stated they documented the resident's fluid intake in the kiosk by percentage, not by the exact amount. They were unaware the resident was on a fluid restriction. They additionally stated if someone was on a fluid restriction the nurse would let them know in report and they would have a sheet on a clip board to fill out that would document the exact amount of fluid the resident consumed.
During an interview on 01/27/25 at 12:49 PM, Licensed Practical Nurse #11 stated they were unaware the resident was on a fluid restriction. They stated when a resident was on fluid restriction, certified nurse aides usually documented intake on a clipboard. They stated nurses would normally document on the Medication Administration Record.
During an interview on 01/27/25 at 01:27 PM, the Director of Nursing stated the meal ticket should have the fluid restriction documented on it. The nurse would know if someone was on a fluid restriction by reviewing the physician's orders and they should provide the information to the certified nurse aide during report. They stated fluid restriction should also be included on the certified nurse aide task list. They stated residents on fluid restrictions should have intake and output documented on a separate sheet and nurses should be totaling fluid intake at the end of each shift to ensure the resident was compliant with fluid restriction. They stated they were unable to locate any Intake/output sheets for this resident.
During an Interview on 01/28/25 at 08:47 AM, the Food Service Director/Dietician stated when a resident was put on fluid restriction the physician would put the order in place. They stated the dietician was responsible for ensuring the fluid restriction was written on the meal ticket. They stated the dietician should break down how much fluid should be provided from kitchen and nursing in the care plan. They stated the dietician should do meal rounds to ensure the resident was compliant with the ordered fluid restriction. They stated as dieticians they did not regularly check to see if the nursing staff was documenting intake and output.
10 NYC 415.12(j)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0698
(Tag F0698)
Could have caused harm · This affected 1 resident
Based on observation, record review, and interview during the recertification survey conducted from 1/22/2025 to 1/30/2025, the facility did not ensure residents who required dialysis (a procedure to ...
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Based on observation, record review, and interview during the recertification survey conducted from 1/22/2025 to 1/30/2025, the facility did not ensure residents who required dialysis (a procedure to remove waste products and excess fluid from the blood when the kidneys stop working properly) received services consistent with professional standards of practice for 1 of 1 resident (Resident #163) reviewed for Dialysis. Specifically, there was no documented evidence of consistent assessment and oversight before, during and after dialysis treatment for Resident #163 who received hemodialysis treatments at a community-based dialysis center.
Findings include:
Policy and Procedure Titled Hemodialysis dated November 2011 and last reviewed 10/29/2024 documented resident's receiving hemodialysis treatments will be monitored. If resident had an arteriovenous fistula check for the presence of thrill and bruit daily. The nurse's responsibility to document in the progress notes residents condition including vital sign, post dialysis, weight and presence of arteriovenous fistula's thrill and bruit upon return from dialysis.
Resident #163 had diagnoses including Alzheimer Disease, End Stage Renal Disease, and Tachycardia.
The Care Plan titled Hemodialysis dated 4/25/23 documented appointment time 10:30 AM Tuesday, Thursday, Saturday.
The Annual Minimum Data Set (an assessment tool) dated 12/6/2024 documented the Resident #163 had severely impaired cognition and received dialysis while a resident.
The current Physician Order documented dialysis via arteriovenous fistula every Tuesday, Thursday, and Saturday, document behaviors including refusal of dialysis.
The January 2025 Medication Administration Record documented dialysis was received on January 2, 4, 7, 9, 11, 14, 16, 18, 21, 23, 25.
The Dialysis Communication Book had inconsistent documentation and did not contain pre and post dialysis notes from the dialysis center.
The 12/22/24-1/25/25 Progress Notes documented on 12/23/24 returned from dialysis at 1702 stable with positive bruit/thrill at the arteriovenous fistula, 12/30/24 resident out to dialysis, 1/4/25 resident out to dialysis returned to unit at 4:30 PM stable, 1/11/25 resident alert and responsive came back from dialysis in stable condition. 1/25/25 resident out to dialysis at 10:30 am in stable condition, vital signs stable, will return in PM. 1/25/25 resident was in the hospital because the shunt was clogged.
There was no documented evidence of pre and post dialysis notes in the progress notes on 1/2/25, 1/7/25, 1/9/25, 1/14/25, 1/16/25, 1/18/25, 1/21/25 and 1/23/25.
During interview on 1/23/25 at 10:19 AM Registered Nurse Unit Manager # 7 stated the resident went to dialysis on Tuesday, Thursday and Saturday and brought the communication book in the backpack on the back of the Wheelchair. Registered Nurse Unit Manager #7 stated the book had inconsistent documentation, and did not contain pre and post dialysis documentation.
During interview on 1/24/26 at 10:07 AM and 1014 AM Assistant Director of Nursing #1 stated they reviewed the dialysis book and noted documentation was inconsistent, and dialysis staff were not writing in the book. Assistant Director of Nursing #1 stated they thought nurses were writing pre and post dialysis progress notes. They stated they were not aware staff at the dialysis center should have written in the communication book. Assistant Director of Nursing #1 stated they spoke with dialysis center staff, and were told the center had their own progress notes and did not send those notes to the facility unless requested.
During interview on 1/27/25 at 11:02 AM the dialysis center Registered Nurse Manager stated they had poor communication with the facility and calls to the facility often went unanswered. They stated at times documents including labs and recommendations were sent to the facility but staff at the dialysis center did not write in the communication book.
During interview on 1/27/25 at 11:45 AM the Director of Nursing stated the use of the communication book stopped during Covid-19 and they were not aware the book was still not being used. They stated they expect facility staff would be checking the resident pre and post dialysis and writing a progress note. They stated they would expect staff to check the communication book when the resident returned from dialysis and reach out to the dialysis center if nothing had been written in the communication book.
10NYCRR 415.12(k)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0730
(Tag F0730)
Could have caused harm · This affected 1 resident
Based on record review and interview conducted during the recertification survey from 1/22/25 to 1/30/25, the facility did not ensure annual performance reviews for nursing staff were completed at lea...
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Based on record review and interview conducted during the recertification survey from 1/22/25 to 1/30/25, the facility did not ensure annual performance reviews for nursing staff were completed at least once every 12 months. Specifically, the facility was unable to provide annual performance reviews for 2 of 5 Certified Nurse Aides (#14, #16) reviewed.
The findings are:
The facility policy titled Human Resources - Performance Appraisals - Competencies, revised 12/14, documented: It is the policy of the New Jewish Home to routinely and periodically appraise the job performance and competencies of each employee. Performance appraisals will be performed after the completion of the probationary period for all non-exempt staff and after the initial review period for exempt staff. Each employee is evaluated annually thereafter.
During an interview and observation on 1/27/25 at 9:54 AM the Director of Human Resources stated departments were responsible for completing annual performance appraisals for certified nurse aides. They stated the human resource department sent notifications and reminders via email and during morning reports. The Director of Human Resources stated they were unable to provide an annual performance appraisal for Certified Nurse Aides #14 and #16. They stated they were not aware why an annual performance appraisal for Certified Nurse Aides #14 and #16 was not completed.
During an interview on 1/29/25 at 10:54 AM the Administrator stated human resources attempted to complete staff performance appraisals annually. They stated there had been shortcomings in annual performance appraisals during 2023-2024 due to the human resource director position being a corporate shared role and not a dedicated role for the facility.
10NYCRR 415.26 (c)(2)(iii)
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Staffing Information
(Tag F0732)
Could have caused harm · This affected 1 resident
Based on observation, record review, and interview during the recertification survey conducted 1/22/25 to 1/30/25, the facility did not ensure the current resident census and the total number and the ...
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Based on observation, record review, and interview during the recertification survey conducted 1/22/25 to 1/30/25, the facility did not ensure the current resident census and the total number and the actual hours worked by licensed and unlicensed nursing staff directly responsible for resident care per shift was posted in a prominent place, readily accessible to residents and visitors on 3 of 6 days reviewed.
Findings include:
The daily resident census and nurse staffing information could not be located in a prominent place readily accessible to residents and visitors from 1/22/25 through 1/24/25.
During an interview on 1/27/25 at 11:11 AM the Director of Nursing stated daily staffing reports were usually posted by the nurse manager on a table near front desk security.
During an interview and observation on 1/27/25 at 11:42 AM Nurse Manager #27 stated they posted daily staffing information on a table at the front entrance near the security desk. The resident census and daily staffing schedule was observed in a plastic paper holder obscured by numerous other papers folded over the schedule. Nurse Manager #27 stated as placed, the staffing schedule was not visible to residents or visitors.
During an interview on 1/29/25 at 10:54 AM the Administrator stated they were made aware that daily resident census and nurse staffing data was not visibly posted 1/22/24 to 1/24/25. They stated the daily resident census and nurse staffing data would be relocated to a visible bulletin board at the lobby entrance.
10 NYCRR 415.13
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
2) Resident #588 was admitted with diagnoses including Enterocolitis due to Clostridium Difficile and Duodenitis without Bleeding.
The admission Minimum Data Set (a resident assessment tool) dated 1/...
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2) Resident #588 was admitted with diagnoses including Enterocolitis due to Clostridium Difficile and Duodenitis without Bleeding.
The admission Minimum Data Set (a resident assessment tool) dated 1/23/25 documented Resident #588 had moderate cognitive decline and was frequently incontinent of bowel.
The Physician Order dated 1/19/25 documented contact precautions due to clostridium difficile.
The Care Plan dated 1/20/25 and revised 1/27/25 documented contact isolation, wear gowns and masks when changing contaminated linens. Place soiled linens in bags marked biohazard. Bag, linens and close bag tightly before taking to laundry.Place in private room with contact isolation precautions.
During an observation and interview on 01/22/25 at 11:02 AM, Environmental Service Worker #28 was observed entering Resident #588's room to change the non-surgical gowns only bin.They did not don/doff personal protective equipment or perform hand hygiene before or after entering the resident room. Environmental Services Worker #28 stated they did not pay attention to the sign on the door and thought the resident was on enhanced precautions only.They stated they were aware they should have reviewed signage, donned and doffed personal protective equipment and completed hand hygiene before and after contact with the resident environment.
During an interview on 01/29/25 at 10:01 AM the Director of Nursing stated all staff, whether providing cares or not, were required to perform hand hygiene before and after entering resident rooms, and were required to don/doff personal protective equipment for residents on contact precautions, especially for residents with a diagnosis of clostridium difficile.They stated infection control provided precautions training to environmental services upon hire, at general orientation, annually and as needed when there was an outbreak in facility.
During an interview on 01/29/25 at 10:27 AM the Infection Preventionist stated all staff entering resident rooms should check the door for precaution information and have a discussion with the unit nurse for precaution information. Personal protective equipment should be doffed inside resident rooms and hand hygiene should be performed before and after entering rooms.They stated that on 1/22/25, Resident #588 was on contract precautions for clostridium difficile.They stated nursing staff and the director of environmental services provided supervision for environmental services staff on all units to ensure that infection control guidelines were being followed.
10 NYCRR415.19
Based on observation, record review and interview conducted during a recertification survey from 1/22/25-1/30/25, the facility did not ensure infection control prevention practices were maintained to prevent the development and transmission of communicable diseases and infection and did not ensure there was a system for preventing, identifying, reporting, investigating, and controlling infection and communicable disease for all residents. Specifically, 1) there was no evidence that a facility risk assessment was completed or that a water management plan was in place to prevent and control legionella and 2) an observation was made of Environmental Staff# 28 entering a contact isolation room to empty garbage bags without donning a gown or washing hands with soap and water before and after contact with the resident environment.
The findings are:
The policy titled Legionnaires' Disease: Prevention and Control revised February 2, 2024, documented the director of plant operations reviews and updates, annually, environmental assessment of the water systems, this involves reviewing facility characteristics, hot and cold-water supplies, cooling and air handling systems and any chemical treatment systems (use form environmental assessment of water systems in healthcare settings).
1) There was no documented evidence that an environmental risk assessment and water management plan to identify Legionella and other opportunistic waterborne pathogens was updated and/or completed from November 2023- January 2025.
During an interview on 01/29/25 at 12:04 PM Director of Facilities and Lead Engineer stated the water management plan for Legionella was done by an outside agency. They also stated that they were not sure who was responsible for completing the risk assessment. The Director of Facilities was asked why neither had been updated yearly and they stated they were unsure and would try to retrieve any updated information. They also stated they became employed with the agency 4 months ago and were not aware of who was supposed to complete the water management plan and risk assessment.
CONCERN
(D)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0947
(Tag F0947)
Could have caused harm · This affected 1 resident
Based on record review and interview conducted during the recertification survey from 1/22/25 to 1/30/25, the facility did not ensure certified nurse aides were provided required 12 hours of training ...
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Based on record review and interview conducted during the recertification survey from 1/22/25 to 1/30/25, the facility did not ensure certified nurse aides were provided required 12 hours of training to ensure safe delivery of care. Specifically, the facility was unable to provide evidence that 3 of 5 Certified Nurse Aides (#18 #20 and #21) reviewed for nurse aide in-service training were provided 12 hours of mandatory annual in-service training.
The findings are:
The Corporate Facility Policy titled, Continuing Education In-Service and Competence Training, (revised 11/4/24) documented In-service training must be sufficient to ensure the continuing competence of nurse aides but be no less than 12 hours per year.
During an observation and interview on 01/27/25 at 02:07 PM the Nurse Educator, provided 6.0 hours of in-service for Certified Nurse Aide #18, 6.5 hours for Certified Nurse Aide #20, and 9 hours for Certified Nurse Aide #21. The Nurse Educator stated Certified Nurse Aides #18, #20, and #21 did not complete 12 hours of annual in-service training. The Nurse Educator stated they had difficulties completing in-services for certified nurse aides due to technical difficulties that prevented the aides from completing in-services at nurse stations.
During an interview on 01/29/25 at 10:54 AM the Administrator stated the facility had difficulty completing 12 hours of annual in-services due to staff time and technical issues. They stated certified nurse aides were requested to complete in-services while on duty and the unit workload often prevented certified nurse aides from having time to work on in-service completion. The Administrator stated technical issues resulted in the removal of the online in-service program from unit computers. The Administrator stated staff needed to complete online in-services on facility classroom computers which was difficult since staff did not have time to leave their unit during their shifts to complete in-services.
10NYCRR 415.26
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Resident Rights
(Tag F0550)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Resident #165 was admitted with diagnoses including but not limited to Diabetes Mellitus, Cerebral Palsy and Seizures.
The Compr...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Resident #165 was admitted with diagnoses including but not limited to Diabetes Mellitus, Cerebral Palsy and Seizures.
The Comprehensive Care Plan dated 9/11/23 titled Activities of Daily Living documented one staff assist for eating.
The Quarterly Minimum Data Set, dated [DATE] documented Resident #165 had severe cognitive impairment and was dependent on staff for eating.
During an observation on 1/22/25 at 12:24PM, Certified Nurse Aide #36 was observed feeding Resident #165 while standing and feeding them a peanut butter and jelly sandwich.
During an interview on 1/22/25 at 12:27 PM Certified Nurse Aide #36 stated they were supposed to be seated next to the resident when assisting with meals but there were no chairs available.
Resident #72 had diagnoses including bit not limited to Hypertension, Dysphagia and Epilepsy.
The 11/22/24 Minimum Data Set (an assessment tool) documented the resident had severe cognitive impairment and required assistance with meals.
The Comprehensive Care Plan dated 11/21/24 for Activities of Daily Living documented the resident will perform self-feeding with supervision.
During an observation on 1/22/25 at 12:34PM Certified Nurse Aide #37 was observed standing over Resident #72 while feeding them their lunch meal.
During an interview on 1/22/25 at 12:34 PM Certified Nurse Aide #37 stated they knew they were supposed to sit while they fed the resident.
During an interview on 1/28/25 at 3:07 PM the Director of Nursing stated staff were supposed to sit next to residents while they assisted with meals. They stated staff should have conversations with residents during meals
10 NYCRR 415.5(a)
Based on observation, interview, and record review during the Recertification Survey from 01/22/2025 through 01/30/2025, the facility did not ensure residents had the right to a dignified dining experience for 3 of 35 sampled residents (Residents #585, #165, and #72). Specifically, Certified Nurse Assistant #17 and #21 referred to Resident #585 as a feeder during lunch service on 1/22/25, Certified Nurse Aide #36 was observed standing over Resident #165 while feeding them a lunch meal, and Certified Nurse Aide #37 was observed standing over Resident #72 while feeding them their meal.
The findings include:
The facility policy titled Nursing, Feeding of Residents Revised 5/21/14 documented the registered nurse will evaluate the resident needs for assistance with feeding and assign certified nurse assistants to assist with feeding accordingly. Communicates to the assigned certified nurse assistant resident need, preferences and limitation in process. Supervises the feeding process. Observes the feeding process.
Resident #585 had diagnoses including but not limited to Dysphagia, Depression, and Cognitive Communication Deficit.
The Care Plan dated 1/17/25 titled Impaired Cognitive Function/Dementia or impaired thought processes related to cerebral vascular accident with global aphasia documented face the resident when speaking and make eye contact.
During an observation on 01/22/25 at 12:37 PM, Certified Nurse Assistant #17 and #21 referred to Resident #585 as a feeder during lunch in front of other residents and staff present in the dining room.
During an interview on 01/24/25 at 11:34 AM Certified Nurse Assistant #17 stated they were aware they referred to resident #585 as a feeder while conversing with another certified nurse assistant during the lunch meal on 1/22/25 at 12:37PM. They stated they were aware residents should not be referred to as feeders. They stated they should have obtained and used the residents name while conversing with another certified nurse assistant and assisting Resident #585.
During an interview on 01/28/25 at 12:10 PM Certified Nurse Assistant #21 stated they were aware they used the word feeder during lunch service on 1/22/25 at 12:37PM. They stated they did not know the residents should not be referred to as feeders.
During an interview on 01/29/25 at 10:09 AM the Director of Nursing stated residents should be addressed by their preferred name during interactions with resident and discussions amongst staff. They stated referring to a resident as a feeder was unacceptable.
CONCERN
(E)
📢 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
Deficiency F0725
(Tag F0725)
Could have caused harm · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and interview conducted during recertification and abbreviated survey (NY00364240, NY00341828 and NY00353...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and interview conducted during recertification and abbreviated survey (NY00364240, NY00341828 and NY00353718)) from 1/22/25 to 1/30/25, the facility did not ensure there was sufficient nursing staff to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident. Specifically, upon review of the staffing schedule from December 22 2024 through January 29 2025, the facility did not consistently provide adequate staffing on all units/shifts to meet the needs of the residents.
The findings are:
A facility policy titled, Nursing Staffing (reviewed 9/24), documented an adequate number of staff consistent with the organization's mission, the scope of services provided, and the population served. Staff is hired with the qualifications that commensurate with the defined job responsibilities and applicable degrees/certifications. The Director of Nursing in conjunction with the department of Human Resources and the Administration of the Home will ensure that the Department's staffing complement is continuously filled. Nurse minimum daily staffing:
7:00AM - 3:00PM shift: Units NE1, SW1: 2 nurses 5 certified nurse assistants. Units NE2 and SW2: 1.5 nurses, 5 certified nurse assistants. Pavilion 2 unit: 2 nurses and 5 certified nurse assistants. [NAME] unit: 3 nurses and 5 certified nurse assistants. [NAME] Gardens Unit: 1 nurse and 3 certified nurse assistants. Small house Units 1,2, 3: 2 nurses and 3 advanced level aides.
3:00PM - 11:00PM shift: Units NE1, SW1: 1 nurse and 4 certified nurse assistants. Units NE2 and SW2: 1 nurse and 4 certified nurse assistants. Pavilion 2 unit: 1 nurse and 4 certified nurse assistants. [NAME] unit: 2 nurses and 4 certified nurse assistants. [NAME] Gardens Unit: 1 nurse and 3 certified nurse assistants. Small house Units 1,2, 3: 2 nurses and 3 advanced level aides.
11:00PM - 7:00AM shift: Units NE1, SW1: 1 nurse and 3 certified nurse assistants. Units NE2 and SW2: 1 nurse and 3 certified nurse assistants. Pavilion 2 unit: 1 nurse and 3 certified nurse assistants. [NAME] unit: 2 nurses and 3 certified nurse assistants. [NAME] Gardens Unit: 1 nurse and 2 certified nurse assistants. Small house Units 1,2, 3: 1 nurse and 1.5 advanced level aides.
The Nursing and Certified Nurse Assistant Assignment staffing assignment sheets from 12/22/24 through 1/29/25 documented the following dates in which the facility minimum staffing standards were not met:
Northeast 1 unit, minimum staffing requirements of 5 certified nurse assistants was not met on the 7:00AM-3:00PM shift: 12/22/24, 12/24/24, 12/25/24,12/29/24, 12/31/24, 1/1/25, 1/3/25, 1/5/25, 1/13/25 and 1/25/25, minimum staffing requirements of 4 certified nurse assistants was not met for the 3:00PM-11:00PM shift.: 12/25/24, 12/29/24, 1/5/25 and minimum staffing requirements of 3 certified nurse assistants was not met for the 11:00PM-7:00AM shift:12/31/24, 1/1/25, 1/13/25, 1/2425 and minimum staff requirements of 2 nurses the 7:00AM-3:00PM shift was not met: 12/25/24, 12/26/25, 12/28/24, 1/1/25, 1/2/25, 1/3/25, 1/5/25, 1/8/25, /2/25, 1/3/25, 1/5/25, 1/8/25, 1/12/25, 1/13/25, 1/15/25, 1/21/25, 1/23/25, 1/25/25, 1/26/25, 1/27/25 and 1/28/25,
Northeast 2 unit, minimum staffing requirements of 5 certified nurse assistants was not met on the 7:00AM-3:00PM shift: 12/22/24, 12/24/24, 12/25/24, 12/28/24 12/29/24, 12/31/24, 1/1/25, 1/4/25, 1/5/25, 1/13/25, minimum staffing requirements of 4 certified nurse assistants was not met for the 3:00PM-11:00PM shift.: 12/25/24, 12/29/24, 1/1/25, 1/4/25, 1/5/25, minimum staffing requirements of 3 certified nurse assistants was not met for the 11:00PM-7:00AM shift: 12/28/24, 12/29/24, 12/30/24, 12/31/24, 1/1/25, 1/5/25, and minimum staff requirements of 1.5 nurses were not met: 12/25/24, 1/2/25, 1/3/25, 1/5/25, 1/11/25, 1/13/25, 1/21/25, 1/25/25, 1/27/25
Pavilion 2 Unit, minimum staffing requirements of 5 certified nurse assistants was not met on the 7:00AM-3:00PM shift: 12/22/24, 12/24/24, 12/25/24,12/29/24, 12/31/24, 1/1/25, 1/2/25, 1/3/25, 1/4/25, 1/5/25, 1/25/25, 1/26/25, minimum staffing requirements of 4 certified nurse assistants was not met for the 3:00PM-11:00PM shift.: 12/27/24, 12/29/24, 1/5/25, minimum staffing requirements of 3 certified nurse assistants was not met for the 11:00PM-7:00AM shift: 12/27/24, 12/30/24, 12/31/24, 1/1/25, 1/2/25, 1/3/25, 1/4/25, 1/5/25, 1/7/25, 1/21/25, minimum staff requirements of 2 nurses for the 7:00AM-3:00PM was not met: 12/26/24, 1/2/25, 1/3/25, 1/5/25, 1/8/25, and minimum staff requirements of 2 nurses for the 11:00PM-7:00AM were not met: 1/25/25.
Southwest 1 Unit, minimum staffing requirements of 5 certified nurse assistants were not met on the 7:00AM-3:00PM shift: 12/22/24, 12/30/24, 1/4/25, 1/5/25, 1/13/25, minimum staffing requirements of 4 certified nurse assistants were not met for the 3:00PM-11:00PM shift: 12/25/24, 1/5/25, 1/13/25, 1/26/25, 1/29/25, minimum staffing requirements of 3 certified nurse assistants were not met for the 11:00PM-7:00AM shift: 12/27/24, 12/31/24, 1/1/25, 1/3/25, 1/5/25, 1/13/25. and minimum staff requirements of 2 nurses were not met for the 7:00AM-3:00PM shift: 12/25/24, 12/29/24, 1/1/25, 1/3/25, 1/4/25, 1/5/25, 1/12/25, 1/13/25, 1/21/25, 1/25/25, 1/26/25.
Southwest 2 Unit: minimum staffing requirements of 5 certified nurse assistants were not met on the 7:00AM-3:00PM shift: 12/22/24, 12/29/24, 1/4/25, 1/5/25, 1/26/25, minimum staffing requirements of 4 certified nurse assistants were not met for the 3:00PM-11:00PM shift: 12/25/24, 12/29/24, 1/5/25, 1/26/25, minimum staffing requirements of 3 certified nurse assistants were not met for the 11:00PM-7:00AM shift: 12/23/24, 12/30/24, 12/31/24, 1/21/25, 1/26/25. and minimum staff requirements of 1.5 nurses were not met for the 7:00AM-3:00PM shift: 12/22/24, 1/2/25, 1/3/25, 1/13/25, 1/26/25.
[NAME] Unit, minimum staffing requirements of 5 certified nurse assistants were not met on the 7:00AM-3:00PM shift: 12/26/24, 12/28/24, 12/29/24, 12/30/24, 12/31/24, 1/5/25, 1/9/25, 1/26/25, minimum staffing requirements of 4 certified nurse assistants was not met for the 3:00PM-11:00PM shift: 12/22/24, 12/29/24, 12/31/24, 1/4/25, 1/5/25, minimum staffing requirements of 3 certified nurse assistants were not met for the 11:00PM-7:00AM shift: 12/27/24, 12/31/24, 1/2/25, 1/3/25, 1/4/25, 1/8/25, 1/12/25, minimum staff requirements of 3 nurses were not met for the 7:00AM-3:00PM shift: 12/24/24, 12/25/24, 12/26/24, 12/27/24, 12/28/24, 12/29/24, 12/31/24, 1/2/25, 1/3/25, 1/5/25, 1/12/25, 1/25/25, 1/26/25, 1/27/25, 1/28/25.
[NAME] Gardens Unit, minimum staffing requirements of 3 certified nurse assistants were not met on the 7:00AM-3:00PM shift: 12/22/24,12/28/24, 12/31/24, 1/5/25, 1/10/25, 1/11/25, 1/13/25, 1/26/25, 1/27/25 minimum staffing requirements of 3 certified nurse assistants were not met for the 3:00PM-11:00PM shift.: 12/22/24, 12/25/24, 12/27/24, 12/28/24, 12/30/24, 12/31/24, 1/1/25, 1/4/25, 1/5/25, 1/11/25, 1/25/25, 1/26/25 and minimum staffing requirements of 3 certified nurse assistants were not met for the 11:00PM-7:00AM shift: 12/31/25.
Small House Unit 1, minimum staffing requirements of 3 advanced certified nurse assistants were not met on the 7:00AM-3:00PM shift: 12/22/24, 12/27/24, 12/28/24, 12/29/24, 12/30/24, 1/2/25, 1/4/25, 1/5/25, 1/6/25, 1/10/25, 1/11/25, 1/12/25, 1/16/25, 1/18/25, 1/19/25, 1/20/25, 1/24/25, 1/25/25, minimum staffing requirements of 2 advanced certified nurse assistants were not met for the 3:00PM-11:00PM shift:12/23/24, 12/24/24, 12/28/24, 1/2/25, 1/7/25, 1/11/25, 1/17/251/21/25, 1/23/25 and minimum staffing requirements of 1.5 advanced certified nurse assistants were not met for the 11:00PM-7:00AM shift: 12/25/24, 1/23/25.
Small House Unit 2, minimum staffing requirements of 3 advanced certified nurse assistants were not met on the 7:00AM-3:00PM shift: 12/22/24, 12/24/24, 12/25/24, 12/26/24, 12/27/24 12/28/24, 12/29/24, 12/30/24, 12/31/24, 1/1/25, 1/2/25, 1/4/25, 1/5/25, 1/10/25, 1/11/25, 1/12/25, 1/18/25, 1/19/25, 1/24/25, 1/25/25. minimum staffing requirements of 2 advanced certified nurse assistants were not met for the 3:00PM-11:00PM shift: 12/25/24, 12/28/24, 12/29/24, 1/8/25, 1/10/25, 1/11/25, 1/14/25, 1/22/25.
Small House Unit 3, the minimum staffing requirements of 3 advanced certified nurse assistants were not met on the 7:00AM-3:00PM shift: 12/28/24, 12/22/24, 12/23/24, 12/24/24, 12/26/24, 12/27/24, 12/29/24, 12/30/24, 12/31/24, 1/1/25, 1/2/25, 1/3/25, 1/4/25, 1/5/25, 1/10/25, 1/11/25, 1/12/25, 1/13/25, 1/17/25, 1/18/25, 1/19/25, 1/24/25, 1/25/25. minimum staffing requirements of 2 advanced certified nurse assistants were not met for the 3:00PM-11:00PM shift: 12/25/24, 12/26/24, 12/31/24, 1/1/25, 1/2/25, 1/3/25, 1/5/25, 1/18/25 and minimum staffing requirements of 1.5 advanced certified nurse assistants were not met for the 11:00PM-7:00AM shift: 1/10/25, 1/11/25, 1/22/25.
During an interview on 1/22/25 at 11:11 AM Resident # 127 stated wound care was not consistently provided because at times there was only one nurse on the unit.
During an interview on 1/23/25 at 9:24 AM Resident #586 stated delays in call bell response and toileting assistance were frequent. Resident #586 srated staff told them in the past that they must wait due to short staffing.
During an interview on 1/24/25 at 12:39 PM the Staffing Coordinator stated the facility minimum staffing requirements grid provided daily minimum staffing requirements for each unit. They stated staffing was discussed weekly and as needed with the Director of Nursing. They stated the primary barrier to meeting minimum staff requirements was staff call-outs and that although staff were asked to work overtime and a staffing website was used, there had been shifts when coverage could not be found. They stated the nurse manager/supervisors or director of nursing would assist when units were short staffed. The Staffing Coordinator stated the 3:00PM-11:00PM shift was the most difficult to cover due to lack of staff interest in working that shift. They stated registered nurse and licensed practical nurse staff frequently complained there were not enough certified nurse assistants on units and that they were frequently relieved late by incoming staff due to call outs. They stated the use of temporary agency staff did help. They stated they had not received complaints that nursing staff were requested to cover multiple units or floors but certified nurse assistants complained about being moved mid-shift due to staffing concerns. They stated the facility had a high staff turnover rate, mostly Registered Nurses.
During an interview on 1/27/25 at 11:11 AM the Director of Nursing, stated minimum staffing requirements were not consistently met at the facility. They stated the facility used temporary staffing agencies to assist with meeting nurse staffing needs. They stated the facility also had staff retirements recently which created a decrease in permanent facility staff. They stated the facility would offer permanent employment to temporary agency staff if they showed satisfactory performance. They stated agency staff frequently cancelled last minute. They stated facility short staffing affected resident cares, including timely call bell response and rushed cares and tasks. The Director of Nursing stated they work closely with the staffing coordinator and nurse supervisors to assist with staffing needs.
During a follow-up interview on 1/29/25 at 10:18 AM the Director of Nursing, stated nurse staff were not requested to provide cares in multiple units in facility during staffing shortages. They stated units were large and sending nurses to other units to cover shortages would not be practical. If a unit was short of nursing staff, nurse supervisors would present to units and assist with medication administration, treatments, admission and discharges, and emergencies. They stated if a unit did not have a nurse in place due to a call-out, a nurse would be reassigned from a unit sufficiently or overstaffed.
During an interview on 1/29/25 at 10:54 AM the Administrator, stated the facility made attempts to meet minimum staffing requirements, however the staffing minimums were rarely met. They stated the facility human resource department had on-going nurse recruitment and temporary staffing agencies were used to assist with staffing. The Administrator stated incentives were offered to staff who worked extra shifts when coverage was short. The Administrator stated longer call bell response time was a primary concern with short staff. They stated that despite short staffing, the facility staff strived to provide quality care for the residents.
10NYCRR 415.13 (A)(1)(i-iii)
MINOR
(B)
Minor Issue - procedural, no safety impact
MDS Data Transmission
(Tag F0640)
Minor procedural issue · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and interview conducted during the Recertification Survey from 1/22/25 to 1/30/25, the facility did not e...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and interview conducted during the Recertification Survey from 1/22/25 to 1/30/25, the facility did not ensure Minimum Data Set Assessments were submitted within 14 days after the facility completed the resident's assessment for 2 of 2 residents reviewed for Minimum Data Set (Resident #129, Resident #225).
The findings are:
The facility's policy and procedure titled Resident Assessment Instrument/Minimum Data Set, dated [DATE] and revised on 10/1/24 documented ensure that the Resident Assessment Instrument is used as the basis for a uniform system of resident assessment and care planning by the Interdisciplinary Team.
Review of the submissions revealed:
- Resident #129's Quarterly Minimum Data Set 3.0, with an assessment reference date of 11/15/24 and completion date of 11/20/24, was submitted on 1/24/25.
- Resident #225's Quarterly Minimum Data Set 3.0, with an assessment reference date of 11/18/24 and completion date of 11/27/24, was submitted on 1/24/25.
During interview on 1/24/25 at 11:05 AM the Minimum Data Set Coordinator stated after reviewing the Minimum Data Set schedule they noted 2 assessments were not transmitted although completed. Someone changed the status in the medical record to do not transmit to Centers for Medicare Services. They stated they did not know why that happened.
During interview on 1/25/25 at 10:55 AM, the Director of Nursing stated they were unaware of the delay in submitting the assessments. The Director of Nursing stated the Minimum Data Set Coordinator was responsible for submitting the assessments.
10 NYCRR 415.11